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2011-07-04_Agenda Packet--Dossier de l'ordre du jour � �.� c� �.,- 4 cc�'u' /�' � �� r City of Saint John Common Council Meeting Monday,July 04, 20ll Committee of the Whole 1. Call to Order 4:30 p.m. 8th Floor Boardroom City Hall 1.0 Approval of Minutes 1.1 Legal Opinion 10.2(4)(c,f,g) 1.2 Land Matter 10.2(4)(c) Regular Meeting l. Call to Order—Prayer 5:00 p.m. Council Chamber 2. Approval of Minutes 2.1 Approval of Minutes - June 13, 2011 3. Adoption of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Steele Letter: Request for Guardrail at Turn Between 89 & 111 Hillcrest Road (Recommendation: Refer to City Manager) 5.2 Designation of By-law Enforcement Officer (Recommendation in Report) 5.3 Easement Acquisition for Municipal Storm and Sanitary Sewer Lines - 142 River Hill Dr. (Recommendation in Report) 5.4 Easement Acquisition for Municipal Storm and Sanitary Sewer Lines - 140 River Hill Drive (Recommendation in Report) 5.5 Proposed Public Hearing Date for 350 Ashburn Rd, 50 Heather Way and 303 Westmorland Rd (Recommendation in Report) 5.6 Extension of Police Lease (Recommendation in Report) 5.7 Revised Sale of Land Formerly an Unnamed Street in Glen Falls (Recommendation in Report) 5.8 Saint John Board of Police Commissioners: Saint John Police Force 2011 Operating Budget(Recommendation: Receive for Information) 5.9 Saint John Jeux Canada Games Foundation Inc.: Audit Report and Financial Statements 2010 (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 4 9. Public Hearings 7:00 p.m. 91(a) Proposed Zoning By-Law Amendment 1429 Loch Lomond Rd. 91(b)Planning Advisory Committee Report Recommending Denial of Re-Zoning 9.2(a) Proposed Zoning By-Law Amendment 1515 Loch Lomond Rd. 9.2(b) Planning Advisory Committee Report Recommending Denial of Re-Zoning 9.3(a) Proposed Zoning By-Law Amendment 2797 Loch Lomond Rd. 9.3(b) Planning Advisory Committee Report Recommending Re-Zoning with Section 39 Conditions 9.4(a) Proposed Zoning By-Law Amendment 1925 Bayside Dr. 9.4(b) Planning Advisary Committee Recommending Denial of Re-Zoning 9.5(a) Proposed Zoning By-Law Amendment- Lands Adjacent to 460 Latimore Lake Rd. 9.5(b)Planning Advisory Committee Report Recommending Re-Zoning with Section 39 Conditions 10. Consideration of By-laws 10.1 Third Reading -Unsightly Premises and Dangerous Buildings By-Law Amendment 10.2 Third Reading - Traffic By-Law Amendment Re: Champlain St West 11. Submissions by Council Members 11.1 High Voltage Line on Westside (Councillor Farren) 11.2 Seaside Park Stairs (Councillor Farren) 11.3 Morna Heights School (Councillor Farren) 11.4 Council Reduction (Councillor Titus) 11.5 Preservation of Morna Heights School (Councillor McGuire) 11.6 Implementation of Live Webcam Program(Councillor Norton) 11.7 Development of an Annual City of Saint John Award for Property Rehabilitation/Renovation (Councillor McGuire) 12. Business Matters-Municipal Officers 12.1a,b,c) Common Clerk: Update on Information/Records Management 12.2 City Manager: Safe Clean Drinking Water Program, Preliminary Submission (2011) to PPP Canada 12.3 City Manager: Rodney Terminal Outfall Renewal-Phase 1, Contract No 2010-26 12.4 City Solicitor: Main Street Bike Lane 12.5 City Manager: Land for Public Purposes (LPP) Trust Fund Applications 12.6 City Manager: Asphalt Concrete Resurfacing - 2011, Contract No. 2011-15 12.7 City Manager: Crown Street SLS No. 8 and Force Main, Contract 2011-09 13. Committee Reports 13.1 Planning Advisory Committee: Cedar Point Anchorage Subdivision Phase 7 554 Woodward Avenue 13.2 Planning Advisory Committee: Cedar Point Anchorage Subdivision (Proposed Review of Subdivision By-Law) 13.3 Leisure Services Advisory Board: Priorities to Move our Community Forward 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 16. Adjournment 5 ��'�[/� � i� '.� �('. �i'. L It.<�,.-� � � /� � '�. �. �\.�� \�� City of Saint John Seance du conseil communal Le lundi 4 juillet 2011 Comite plenier 1. Ouverture de la seance 16 h 30—Salle de conference, 8e etage, hotel de ville 1.0 Approbation du proces-verbal 1.1 Avis juridique—alineas 10.2(4)c), �, g) 1.2 Question relative auX biens-fonds—alinea 10.2(4)c) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 17 h— Salle du conseil 2. Approbation du proces-verbal 2.1 Approbation du proces-verbal de la seance tenue le 13 juin 2011 3. Adoption de 1'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a 1'approbation du conseil 5.1 Lettre rerue de Steele relative a 1'installation d'un muret de securite dans le virage qui se situe entre le 89 et le 111, chemin Hillcrest (recommandation : transmettre au directeur general) 5.2 Nomination d'un agent d'execution des arretes municipaux (recommandation figurant au rapport) 5.3 Acquisition d'une servitude relative au reseau municipal d'egout sanitaire et d'egout pluvial visant le 142,promenade River Hill (recommandation figurant au rapport) 5.4 Acquisition d'une servitude relative au reseau municipal d'egout sanitaire et d'egout pluvial visant le 140, promenade River Hill (recommandation figurant au rapport) 5.5 Date proposee pour la tenue d'une audience publique concernant le 350, chemin Ashburn; le 50, voie Heather; et le 303, chemin Westmarland (recommandation figurant au rapport) 5.6 Prolongation du bail du Service de police (recommandation figurant au rapport) 5.7 Vente modifiee de terrain, anciennement une rue publique sans nom a Glen Falls (recommandation figurant au rapport) 5.8 Bureau des commissaires de la police de Saint John : Budget de fonctionnement de 2011 du Service de police de Saint John—Bilan financier jusqu'au mois d'avril (recommandation : accepter a titre informati� 6 5.9 Saint John Jeux Canada Games Foundation Inc. : Rapport de verification et etats financiers pour 2010 (recommandation : accepter a titre informati� 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 9. Audiences publiques 19h 9.1a)Projet de modification de 1'Arrete de zonage visant le 1429, chemin Loch Lomond 9.1b) Rapport du Comite consultatif d'urbanisme recommandant le rejet du rezonage 9.2a)Projet de modification de 1'Arrete de zonage visant le 1515, chemin Loch Lomond 9.2b) Rapport du Comite consultatif d'urbanisme recommandant le rejet du rezonage 9.3a)Projet de modification de 1'Arrete de zonage visant le 2797, chemin Loch Lomond 9.3b) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par 1'article 39 9.4a)Projet de modification de 1'Arrete de zonage visant le 1925, promenade Bayside 9.4b) Comite consultatif d'urbanisme recommandant le rejet du rezonage 9.Sa)Projet de modification de 1'Arrete de zonage visant les terrains contigus au 460, chemin Latimore Lake 9.Sb) Rapport du Comite consultatif d'urbanisme recommandant le rezonage conformement aux conditions imposees par 1'article 39 10. Etude des arretes municipaux 10.1 Troisieme lecture du projet de modification de 1'Arrete sur les lieuX inesthetiques et les batiments ou constructions dangereux 10.2 Troisieme lecture de la modification de 1'Arrete relatif a la circulation concernant la rue Champlain Ouest 11. Interventions des membres du conseil 11.1 Ligne a haute tension dans le quartier West Side (conseiller Farren) 11.2 Escaliers du parc Seaside (conseiller Farren) 11.3 Ecole Morna Heights (conseiller Farren) 11.4 Reduction de la taille du conseil (conseiller Titus) 11.5 Sauvegarde de 1'Ecole Morna Heights (conseiller McGuire) 11.6 Mise en oeuvre du programme relatif aux cameras Web en direct (conseiller Norton) 11.7 Mise en place d'un prix annuel de The City of Saint John pour la rehabilitation et la renovation des proprietes (conseiller McGuire) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1a), b), c) Greffiere communale : Mise a jour relative a la gestion de 1'information et des documents 12.2 Directeur general : Programme sur la salubrite et proprete de 1'eau potable— Soumission preliminaire (2011) a PPP Canada 7 12.3 Directeur general : Contrat ri 2010-26 relatif a la phase 1 du renouvellement de 1'emissaire du terminal Rodney 12.4 Avocat municipal : Voie cyclable de la rue Main 12.5 Directeur general : Demandes en vertu du fonds en fiducie relatif aux terrains d'utilite publique 12.6 Directeur general : Contrat n°2011-15 relatif au resurfa�age au moyen de beton asphaltique pour 2011 12.7 Directeur general : Contrat n°2011-09 relatif au poste de relevage des eaux usees ri 8 et aux conduites de refoulement de la rue Crown 13. Rapports deposes par les comites 13.1 Comite consultatif d'urbanisme : Phase 7 du projet de lotissement Cedar Point Anchorage visant le 554, avenue Woodward 13.2 Comite consultatif d'urbanisme : Lotissement Cedar Point Anchorage (projet de revision de 1'Arrete de lotissement) 13.3 Conseil consultatif des services des loisirs : Priorites dans le cadre du projet visant a faire evoluer la collectivite 14. Etude des sujets ecartes des questions soumises a 1'approbation du conseil 15. Correspondance generale 16. Levee de la seance 8 96-245 COMMON COUNCIL/CONSEIL COMMUNAL JUNE 13, 2011/LE 13 JUIN 2011 COMMON COUNCIL MEETING —THE CITY OF SAINT JOHN CITY HALL—JUNE 13, 2011 - 5:15 P.M. Present: Ivan Court, Mayor Deputy Mayor Chase and Councillors Court, Farren, Higgins, McGuire, Mott, Norton, Snook, Sullivan, and Titus - and - P. Woods, City Manager; F. Beaulieu, Solicitor; C. Graham Comptroller; P. Groody, Commissioner of Municipal Operations; K. Forrest, Commissioner of Planning and Development; J. Hamilton, Deputy Commissioner of Planning and Development; Common Clerk and J. Taylor, Assistant Common Clerk. SEANCE DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN TENUE A L'HOTEL DE VILLE, LE 13 JUIN 2011 A 17 H 15 Sont presents : Ivan Court, maire le maire suppleant Chase et les conseillers Court, Farren, McGuire, Mott, Norton, Snook, Sullivan, Titus et la conseillere Higgins - et - P. Woods, directeur general; F. Beaulieu, avocat municipal; C. Graham, controleuse; P. Groody, commissaire aux Operations municipales; K. Forrest, commissaire au service Urbanisme et developpement; J. Hamilton, commissaire adjointe au service Urbanisme et developpement; E. Gormley, greffiere communale, et J. Taylor, greffier communal adjoint. 1. Call To Order— Prayer Mayor Court called the meeting to order and Councillor Snook offered the opening prayer. 1. Ouverture de la seance, suivie de la priere La seance est ouverte par le maire Court, et le conseiller Snook recite la priere d'ouverture. 2. Approval of Minutes 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. 3.1 City of Saint John's Economic Development Task Force Referring to a submitted report, Nicole Paquette-Sullivan provided background information on the Economic Development Task Force. She introduced its members and outlined the Task Force's guiding Principles and the role of Enterprise Saint John. David Campbell of Jupia Consultants Inc. presented a summary of the best practices for economic development. Minister Blaney updated Council on Invest NB, a newly created Provincial agency, noting that it will establish a close working relationship with the municipal economic development agencies. 9 96-246 COMMON COUNCIL/CONSEIL COMMUNAL JUNE 13, 2011/LE 13 JUIN 2011 Responding to a question, Minister Blaney advised that Enterprise Saint John is regarded by the Province as the model for such agencies with the most depth and the greatest skill in all of New Brunswick. The Mayor presented the executive summary, outlining the key issues that were identified by the task force. Tony Gogen, Chair of Enterprise Saint John, presented the return on investment metric, advising that for every dollar invested by the municipality, there is a return of approximately $6.56. Cathy Craig outlined the task force's recommendations, noting that it is suggesting that the City and Enterprise Saint John increase the alignment between the two organizations. John Irving presented the city's economic development budget, noting that the City will spend a total of$8,822,368 in economic development in 2011. He suggested that it would be prudent to improve the communication and alignment between the City and all of the economic development organizations that it funds. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that section 10.7 of Council's procedural by-law be suspended to deal with the recommendations appearing in the submitted presentation. Question being taken, the motion was carried with Councillors Court, Higgins and Snook voting nay. On motion of Councillor Titus Seconded by Councillor McGuire RESOLVED that as recommended by the City of Saint John's Economic Development Task Force, Common Council adopt the following resolutions: 1. To accept the task force's submitted recommendations which are based on best practices. 2. To create a Service Level Agreement between the City and Enterprise Saint John, including, at a minimum: -Common Council priorities and objectives -Detailed Description of Services -Enterprise Saint John's Strategic Direction and 3-Year Objectives -Metrics and Expected Outcomes - Reporting Process -CEO's performance review process and expectations 3. Provide long term funding to Enterprise Saint John in accordance with the Service Level Agreement. Question being taken, the motion was carried with Councillors Court, Higgins and Snook voting nay. 3.2 Plan SJ: Draft City of Saint John Municipal Plan Referring to a submitted presentation and draft report, The Deputy Commissioner of Planning and Development outlined the draft City of Saint John Municipal Plan and responded to questions from Council members. 2. Approbation du proces-verbal 3. Adoption de I'ordre du jour Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'ordre du jour de la presente seance soit adopte. A I'issue du vote, la proposition est adoptee. 10 96-247 COMMON COUNCIL/CONSEIL COMMUNAL JUNE 13, 2011/LE 13 JUIN 2011 3.1 Groupe de travail sur le developpement economique de The City of Saint John Faisant reference a un rapport depose anterieurement, Nicole Paquette-Sullivan donne des renseignements generaux sur le groupe de travail sur le developpement economique. Apres avoir presente les membres qui le composent, elle decrit les principes directeurs du groupe de travail et le role d'Enterprise Saint John. David Campbell, de la societe Jupia Consultants Inc., presente un resume des meilleures pratiques en matiere de developpement economique. La ministre Blaney met le conseil a jour sur Investir NB, un organisme provincial recemment cree, et fait remarquer que ce dernier etablira une relation de travail etroite avec les organismes charges du developpement economique des municipalites. En reponse a une question, la ministre Blaney souligne qu'Enterprise Saint John, compte tenu de sa portee et de ses competences, est considere par la province comme le modele a suivre pour ces organismes. Le maire presente le resume et decrit les themes cles releves par le groupe de travail. Tony Gogen, president d'Enterprise Saint John, presente les chiffres du rendement du capital investi, soulignant que chaque dollar investi par la municipalite rapporte environ 6,56 $. Cathy Craig passe en revue les recommandations du groupe de travail et precise que, d'apres ce dernier, la Ville et Enterprise Saint John devraient davantage collaborer. John Irving presente le budget consacre par la Ville au developpement economique et precise que la Ville allouera, au total, 8 822 368 $ au developpement economique en 2011. II suggere vivement de renforcer la communication et I'harmonisation entre la Ville et tous les organismes charges du developpement economique qu'elle finance. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que I'article 10.7 de I'arrete procedural du conseil soit suspendu pour pouvoir traiter les recommandations contenues dans la presentation soumise. A I'issue du vote, la proposition est adoptee. La conseillere Higgins et les conseillers Court et Snook votent contre la proposition. Proposition du conseiller Titus Appuyee par le conseiller McGuire RESOLU que, comme le recommande le groupe de travail sur le developpement economique de The City of Saint John, le conseil communal adopte les resolutions suivantes : 1. Accepter les recommandations soumises par le groupe de travail qui se fondent sur les meilleures pratiques. 2. Instaurer une convention sur les niveaux de service entre la Ville et Enterprise Saint John, laquelle devra comprendre au moins les elements suivants : - les priorites et les objectifs du conseil communal; - une description detaillee des services; - la direction strategique d'Enterprise Saint John et ses objectifs sur une periode de 3 ans; - les chiffres et les resultats attendus; - le processus de production de rapport; - le processus d'examen du rendement du directeur general et les attentes de ce dernier. 3. Assurer le financement a long terme d'Enterprise Saint John conformement a la convention sur les niveaux de service. A I'issue du vote, la proposition est acceptee. Les conseillers Court, Higgins et Snook votent contre la proposition. 11 96-248 COMMON COUNCIL/CONSEIL COMMUNAL JUNE 13, 2011/LE 13 JUIN 2011 3.2 Plan SJ : Plan municipal provisoire pour The City of Saint John Faisant reference a une presentation et a un rapport soumis, la commissaire adjointe au service Urbanisme et developpement presente le plan municipal provisoire pour The City of Saint John, puis repond aux questions des membres du conseil. 16. Adjournment The Mayor declared the meeting adjourned at 9:15 p.m. 16. Levee de la seance Le maire declare que la seance est levee a 21 h 15. Mayor/ maire Common Clerk/greffiere communale 12 Joan B . Steele 35 Jadvo Street Saint John , NB E2N OA1 �.1"�- �lo\� June 16 , 2011 Mayor Ivan Court c� Members of Common Council 8th Floor City Hall P . O . Box 1971 Saint John , NB E2L 4L1 iKayor Ivan Court & Councill.ors : RE : Request for Guard Rail at turn between 89 & 111 Hillcrest Rd . Over the past several years there has been a number of accidents on the Hillcrest Road . Most recently a tragic fatality of a young teenager . This accident occurred in an area that has been a great concern of mine for many years . I have lived on the Hillcrest Road for 28 years , moved recently but intend to return to build our retirement home . In Winter this turn in particular is very dangerous . I have had near misses myself on the icy road as it is a dangerous cliff . While teaching my three teenagers to drive I have always warned them of this danger . I know I am writing this letter too late as a young life has already been taken . I regret not writing sooner , I remeber our babysitter going off the road in this exact spot but was lucky enough to fetch up on a tree . Sadly this young girl was not so lucky . What I am reommending is a guard rail on that small stretch of dangerous road . I am hoping you will consider looking into this as I know you , mayor and council , do not want to see another person hurt . The turn in question is Iocated between 89 and 111 Hillcrest Road . Sadly it is now marked with a cross inmemory of this precious child . Concerned Citizen Yours Sincerely Joan Steele �, S�c e,��.e 35 S o�..v�cs �� So:.�c.'c �a�.x,.` �T��Q, �� 13 REPORT TO COMMON COUNCIL ..._...� �� ,;�''�' r, � _�� f8 OPEN SESSION M & C 2011 - 173 �ity of �aittt ��hn June 29, 2011 Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Designation of Bv-law Enforcement Officer BACKGROUND From time to time, due to staff changes and City By-law updates, it is necessary to designate appropriate individuals as By-law Enforcement Officers for the various by-laws enfarced by the Buildings and Inspection Services Department. Buildings and Inspection Services has hired a new employee, Mr. Stewart Handrahan, for the Dangerous Buildings enhanced enforcement program. It is necessary at this time to designate this individual as a by-law enforcement officer for the purposes of carrying out his duties by adopting the attached resolution. In doing so, Mr. Handrahan is designated and authorized to: Lay informations in the Provincial Court of New Brunswick with respect to various property-related by-laws; Issue Notices to Comply with respect to the Saint John Unsightly Premises and Dangerous Buildings By-law and the Saint John Minimum Property Standards By-law and; Issue POPA tickets for violations of the Saint John Unsightly Premises and Dangerous Buildings By-law, the Saint John Minimum Property Standards By-law and appropriate sections of the Municipalities Act. 14 M&C2011 - 173 -2- June29,2011 It is also necessary to designate individuals in the department to make applications to the Court of Queen's Bench pursuant to the authority of the Municipalities Act for enforcement proceedings for a number of municipal by- laws. The attached resolution, once adopted, authorizes Mr. David Crawford to make application to the Court of Queen's Bench in the absence of the Building Inspector for various by-law enforcement matters. RESOLUTION Your City Manager recommends that Common Council adopt the attached resolutions. Respectfully submitted, Amy Poffenroth, P. Eng., MBA Deputy Commissioner Buildings and Inspection Services J. Patrick Woods, CGA City Manager encl. 15 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Municipalities Act, sup�a, including the Saint John Unsightly Premises and Dangerous Buildings By-law, By-law Number M-30, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By-law Enfarcement Officers for a municipality; AND WHEREAS, paragraph 190.01(3) of the Municipalities Act, supra, provides that an officer appointed by council may notify the owner or occupier of premises, a building or structure by notice in the form prescribed by regulation when a condition exists pursuant to paragraphs 190.01(1), 190.01(L 1) or 190.01(2) of the said Act; AND WHEREAS, section 101 of the Municipalities Act, supra, provides that proceedings for 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: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint .Tohn Unsightly Premises and Dangerous Buildings By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby appointed and authorized to notify owners and occupiers with respect to premises, buildings or structures that are unsightly; buildings or structures that are a hazard to the safety of the public by reason of being vacant or unoccupied; buildings or structures that are a hazard to the safety of the public by reason of dilapidation or unsoundness of structural strength, as set out in the Saint.Tohn Unsightly Premises and Dangerous Buildings By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; 1 16 AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint John Unsightly Premises and Dangerous Buildings By-law, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John ar until it is rescinded by Common Council, whichever comes first. 2. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Municipalities Act, R.S.N.B 1973, c. M-22, and amendments thereto, including the Saint John Minimum Property Standards By-law, By-law Number M-14, and amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS, paragraph 14(1) of the Police Act, SN.B. 1977, c. P-9.2, and amendments thereto, provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS, paragraph 23(1) of the Saint John Minimum Property Standards By-law, supra, provides that where a condition of a premise, dwelling, dwelling unit or structure does not comply with the said By-law, an officer appointed by council may notify the owner or occupier of a premise, dwelling unit or structure by notice in the form prescribed by regulation; AND WHEREAS, section 101 of the Municipalities Act, sup�a, provides that proceedings for 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: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint.Tohn Minimum Property Standards By-law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby appointed and authorized to notify owners and occupiers with respect to premises, dwellings, dwelling units or structures that do not meet the standards that are set out in the Saint .Tohn Minimum Property Standards By-law, effective 2 17 immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby designated and autharized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint .Tohn Minimum Property Standards By-law, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 3. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the autharity of the Municipalities Act, supra, including the Saint .Tohn Animal Control By-law, By-law Number M-13, Mobile Home Parks By-law, By-law Number M-20, City of Saint.Tohn Flood Risk Areas By-law, By-law Number C.P. 11, Saint.Tohn Building By-law, By-law Number C.P. 101, and The Zoning By- law, By-law Number C.P. 110, including all amendments thereto, and it may from time to time be necessary to commence proceedings in the Provincial Court of the Province of New Brunswick, when a person has contravened or failed to comply with the said By-law; AND WHEREAS, paragraph 14(1) of the Police Act, supra, provides that a council may appoint persons as By-law Enforcement Officers for a municipality; AND WHEREAS, section 101 of the Municipalities Act, sup�a, provides that proceedings for 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: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby appointed as a By-law Enforcement Officer with respect to the enforcement of the Saint .Tohn Animal Control By-law, supra, Mobile Home Parks By-law, sup�a, City of Saint.Iohn Flood Risk Areas By-law, sup�a, Saint.Tohn Building By-law, sup�a, and The Zoning By-law, supra, effective immediately, and this appointment shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John ar until it is rescinded by Common Council, whichever comes first; 3 18 AND BE IT FURTHER RESOLVED, that Stewart Handrahan is hereby designated and authorized to lay informations in the Provincial Court of the Province of New Brunswick for breach of the Saint.Tohn Animal Control By-law, supra, Mobile Home Parks By-law, supra, City of Saint John Flood Risk Areas By-law, supra, Saint John Building By-law, supra, and The Zoning By-law, supra, effective immediately, and this appointment and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 4. WHEREAS, paragraph 100.2(a) of the Municipalities Act, supra, provides that offences under paragraph 94.2(3) or 102.1(1.2) of the said Act or offences in respect of a by-law under paragraph 94(1) or 94(3) or section 190 of the Municipalities Act, sup�a, are prescribed offences for the purposes of section 9 of the Provincial Offences Procedure Act, S.N.B. 1987, c. P-22.1, and amendments thereto; AND WHEREAS, paragraph 100.2(b) of the Municipalities Act, supra, provides that a by-law enforcement officer appointed under section 14 of the Police Act, sup�a, and designated by resolution of the council is an authorized person who may serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act,supra: NOW THEREFORE BE IT RESOLVED, that Stewart Handrahan is hereby designated and authorized as a person to serve tickets in respect to offences referred to in paragraph 100.2(a) of the Municipalities Act, supra, effective immediately, and this designation and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5. WHEREAS, the Common Council of The City of Saint John has enacted certain by- laws pursuant to the autharity of the Municipalities Act, supra, and it may from time to time be necessary to make an application to The Court of Queen's Bench of New Brunswick under paragraph 106.1(1) of the Municipalities Act, supra, when a person has contravened or failed to comply with such by-laws: NOW THEREFORE BE IT RESOLVED, that David G. M. Crawford is hereby designated and authorized, when there is no Building Inspector or when the Building Inspectar is unable to act or is absent, to make application to The Court of Queen's Bench of New Brunswick or a judge thereto, for any of the orders described in paragraph 106.1(2) of the Municipalities Act, supra, effective 4 19 immediately, and this designation and authorization shall continue until he ceases to be an employee of the Buildings and Inspection Services Department of The City of Saint John or until it is rescinded by Common Council, whichever comes first. 5 20 ; �' I�EP�I�T' rT�.l C�1V�I�01� C�i11e��IL � :o,: � .. M &C—2011-17I � � June 28, 20l 1 oF�T4,y Y ;� tWGp� Y His Worship Mayor Ivan Court and City oP Saint Joh�l Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Municipal Storm and Sanitary Sewer Lines- 142 River Hill Drive BACKGROUND: As part of the City's 20l 1 Capital Budget, Municipal Operations has targeted a nu�nber of new and replacement of existing sanitary sewer pipes that are to be installed in tlie Milford area. The Milford sanitary system is overburdened with coinbined stor►n and sanitary sewer. This project will assist in splitting the combined sewers into separate pipe lines,therefore reducing the flooding in this area. One project involves running new storn� and sanitary pipes beginning at the Saint John River off Greenhead Road and running them along the northerly side of the Denis Morris Community Centre. Easements from four different property owners will be necessary for this specific pipe installation. This report to Council is one of the four required for this project. lt is expected that easements from the other property owners will be fo►-thcoming in short order. The following recommendation will secure the necessary easement. RECOMMENDATION: 1. That The City of Saint John acquire an Easement for Municipal Services in and through the lands at civic#142 River Hill Drive, as per the attached Agreement of Purchase and Sale and as illustrated on the attached Easement Sketch,titled "Milford Drainage Basin Stormwater System Improvements"; 2. Authorize the Mayor and Conunon Clerk to sign any document(s) necessary to finalize this transaction. __� Respectfully submitted, + � i - � � � ,� _.� Ken Forrest, MCIP, RPP �� J. atrick Woods, C.G.A. Commissioner ' Manager Plantiing and Development� Attachtnents 21 REPORT TO COMMON COUNCIL ..._...� �� . ��;�r, M & c—zoll-l�o , �_ � . f8 JUYle 2g,Z�11 His Worship Mayor Ivan Court and �ity of �aittt ��hn Members of Common Council Your Worship and Councillors: SUBJECT: Easement Acquisition for Municipal Storm and Sanitary Sewer Lines- 140 River Hill Drive BACKGROUND: As part of the City's 2011 Capital Budget, Municipal Operations has targeted a number of new and replacement of existing sanitary sewer pipes that are to be installed in the Milford area. The Milford sanitary system is overburdened with combined storm and sanitary sewer. This project will assist in splitting the combined sewers into separate pipe lines,therefore reducing the flooding in this area. One project involves running new storm and sanitary pipes beginning at the Saint John River off Greenhead Road and running them along the northerly side of the Denis Morris Community Centre. Easements from four different property owners will be necessary for this specific pipe installation; this report to Council is for the consideration of one of the four required for this project. It is expected that easements from the other property owners will be forthcoming in short order. The following recommendation will secure the necessary easement. RECOMMENDATION: 1. That The City of Saint John acquire an Easement for Municipal Services in and through the lands at civic#140 River Hill Drive, as per the attached Agreement of Purchase and Sale, and as illustrated on the attached Easement Sketch,titled "Milford Drainage Basin Stormwater System Improvements"; and 2. Authorize the Mayor and Common Clerk to sign any document(s)necessary to finalize this transaction. Respectfully submitted, Ken Forrest,MCIP, RPP J. Patrick Woods, C.G.A. Commissioner City Manager Planning and Development Attachments 22 � • � • • � ' ' . � � ' � � � � � � ' � ''. • V� � 0�� 0�4 • 0 ,'~ o ��. s+ � �'` , �pt�� .�a� • t � � �r�.�� a � � . ' � . i� ,+ ,. " � ,' �� Hi p�e�«�� • r776 1�1 '7F3 �+ �� p� i: 17] 9 � A � � � t �. °., ,�, � D r = ; ,,,�..,� �`� e r H i I ' � � , � tee �� e ,w ul +p �� °° :� : .' fi ' tu sio ° ` ;, � �ts�a• O fbx �� . � 4U ��it�e �a7 '� i . 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Description of Plan: City acquisition of an easement for municipal services for the insfiallation of storm and sanitary sewer pipe lines, N PID: 55�6G328 Address: 140 River Hifl Drive Pan: N/A Date: �une 27, 2011 23 + C��P� AGRfEMENT�F PURCNASE AND SALE The Purchaser agrees to purchase from the Vendor and the Vendor agrees to sell to the Purchaser an easement for municipal services in and through the Vendo�'s fands beari�g PID#5506b328 as hereinafter set out upon the following terms a�d cor�ditions: Vendor: Arjean and Blair Young 140 River Hill Drive Saint John, NB E2M 4T7 Purchaser: THE CITY OF SAINT JONN P.O. Box 1971 15 Market Square Saint John, NB E2L 4L1 Attention: Cammon Clerk Premises: An Easement for Municipal Services in and through a parcel of land identified as PID#55066328 (civic address 140 River Hill Drive), comprising 66 square metres +/- as shown on a drawing titled "MILFORD DRAINAGE BAS1N STQRMWATER SYSTEM IMPROVEMENTS PROPOPSED EASEMENT SKETCH" (�ereinafter called the "Lands"), a phota-reduced copy of said d�awing is attached hereto as Scheduie "A". Purchase Price: $330.00� HST if applicable Early Access Fee:+ 200.00+ FIST if applicable Deposit: $200,00 payable upon the adoption of the Common Council Resolution 8alance: $330.00+ HST if applicabte payable on Closing Closing Date: On or before August 31, 2012. 1. The Purchaser shall acquire from the Vendor an easement and rights at the cost, risk and expense of the Purchaser, by its officers, servants, agents, contractors and workers, to enter the Lands with machinery, materials, vehicfes and equipment and to construct, alter, maintain, inspect and repair uncferground water mains or pipelines,storm sewers, sanitary sewers or any like municipal works including all related works appurtenant thereto, promptly restoring as far as is practical the surface of the lands ta the same conditions as it was prior ta the commencement of the work or excavation, together with the right by action or othervvise at any time to enjoin the Vendor, including the heirs, executor, administrators, successors and assigns of such Vendor from erecting or locating on the tands any building, structure or other obstacle which could impair the free and full use of the easeme�t or permitting the erection or location thereon of any such building, structure or ot�er obstacle. i 24 Agreement of Purchase and Sale Arjean and BialrYoung and The City of SalntJohn 2. The Purchaser may examine the title to the Lands at its own expense until closing. ff within that time any valid abjection to the title to #he Lands is made in writing by the Purchaser to the Vendor which the Vendor s�all be unable or unwilling ta remove within twenty (ZO) days of notification of stach abjection or abjections and which the Purchaser wil! not waive, this agreement shall, notwithstanding any intermediate acts or negatiations in respect �f such objectians, be null and void and any deposit shall be returned by the Vendor withaut interest and the Vendor shall not be liable for any costs or damages. 3. In the event that the Vendor's title is encumbered, and the deterrnination that any encumbrance exists is in the sole and absolute discretion of the Purchaser, the Vendor shall obtain from each encumbrancer a Postponement, in registerable form, of such encumbrance to the Purchasers easement provided that the Purchaser shall reimburse the Vendor for all administration {including appraisal) fees required by each encumbrancer to give the Postponement. , 4. (i) The Purchaser shaEl prepare at its cost any Plan of Survey requirecf to effect the conveyance herein contemplated; and (ii) The Purchaser shall reimburse the Vendor up to $SOQ.Oa for legal fees (including HST) expended by the Vendor to finalize this conveyance; and (iiiy 7he Purchaser shall pay for all administration {including appraisal) #ees required by the mortgagee (i#appkicable) to postpone the mortgage, and (iv) The Purchaser shall pay for registratian and fifing fees at SNB for the p1an, Grant of Easement and Postponement. 5. If the Purchaser defaults in the closing of the sale under the terms of this Agreement, any money paid hereunder shaEl be forfeited to the Vendor by way of liquidated damages and the Vendor sha1E have no#urther recourse. 6. This affer shall be irrevocabEe by the Vendor untii 4:00 p.m. local time on June 21, 2011 and upon atceptance by the Purchaser shall constitute an Agreement of Purchase and Safe binding upon the parties hereto. 7. The Purchaser, by its authorized representatives, with such equipment as may be necessary, have a right of access to, in and upon the Lands at any tirne provided such right is exercised with as little disturbance as possible to the Vendor and does not unduly interfere with the Vendor's use of the lands at such time and far such purposes hereinafter set out: 2 25 _.. .__.._. ___ ___ Agreement of Purchase and Sale Arjean and Bfalr Young and The City of Salnt John {a} the right of access is to allow the Purchaser to install municipal works on the �.ands; (b) the right of access to, in and upan the Lands shall terminate at 11:59 p.m., lacal time, on the 31�`of August, 2011; (c) any entry to and upon the �ands shall require twenty-four (24) hours prior notice to the Vendnr; (d) any entry by or on behalf of the Purchaser shalE be at its risk, cost and expense and the Purchaser shall make good any and all damage caused to the Lands; (e} the Purchaser, for itself and its authorized representatives, hereby indemnifies and saves harmless the Vendor from and against all matters arising by reason of the exercise by the Purchaser ar by its authorized representatives of the rights given by this right of access. 8. This Agreement shalE be binding upon the parties hereto,their respective heirs, executors, administratars, successors and assigns. s� IN WITNESS WHEREOF the Vendor has caused these presents to be executed this � day of_ �;/�.�?..�. . 2. a�i . ;j� � 'r � Vendor f .-- ,� , /j 1.. j�'� -.0 �. U �' \„ � � ��,�. {,�• � r �J Vend r (� AND the Purchaser has caused these presents to be executed�his day of , zo THE CITY OF SAINY�OFiN Mayor Common Clerk Common Council Resolution: 3 26 � ; \��"`'�»...,, �� ,� �� . ,�, �� `�.. ` \ � P{D 55Q68328 ARJEAN & BLAIR YOUNG � �`�. �`"'�. � 140 RIVER HILL DR1VE � � �krST�N� �� . �` �M 1 N,�4 oR,�� - �� a��a `� ��'"�.,�. � Pi� aoaos2zs Z�3� i� �� PID 00405969 ''��g / 3 � �/ /�� I /�' /�/' / 5 � ��r� �� PROPOSED EASEMENT '��i�� (AREA=68m') � S� / PROPQSED 300mm0 SANITARY AND i�ilr`'� �� 750mm� STORM SEWER ''��5i'�� INSTALLA710N ALONG PROPERTI' LINE / , �/ /� �/ , . � \ . ` PID 55037949 t PID 55037958 � � N g� og < , p �� MiLFQRD RRA{NAGE 9ASlN STORMWATER SYSTEM IMPROVEMENTS PROPOSED EASEMENT SKETCH 140 RIVER HI�L DRIVE � GENIVAR , 480 MAIN STFEET,HILYARD PUCE � SAIPIT JOHN,NEW BRUN84NCK - GANqOA,E2K 7Jb . PHONE:60E bJ4BT1 Y-FAX:SOE�Y3-0O1G YJWW.OENNAR.COM _ DRAWN: JOB No.: SCALE: �ATE SKETCH No.: KMJ SJ1fl094 1:650 JAN.19,2011 7 �� The Ciry of Satnt John Cur6s Lang€Ile Direc!Line: 506.632.6141 Email: Curtis.langil3e@saintjohn.ca June 23, 2011 Richard F. McPhee Shannon McPhee Law Offices 28.King Stree� Saint John, NB Dear Mr. McPhee: Re: Arjean and Blair Young, 140 River Hill Drive - Easement for Municipal Services Thank yon for your Ietter of June 20, 2011 with enclosures. Upon review of the proposed Agreement of Purchase and Sale, I note that clause 6 s#ates: "6. This offer shall be i�evocable by the Vendor until 4:00 p.m. local time on 3une 21, 2011 and upon acceptance by the Pwrchaser shall constitute an Agreement of Purchase and Sale binding upon the parties hereto." .Tune 21, 2011 has passed withaut a recommendation to Common Council. I wouid ask that the date June 21, 2011 he amended to July 21, 2011. If this is acceptable, would you please sign the duplicate letter enclosed as indicated and return it to me at your earliest convenience. Provided I receive your acknowledgement by close of business on Wednesday,Jtuie 29, I propose to make a staff recommendation to Common Council for their rr�eeting of July 4, 2011, Yours truly, . r / urtis Langille Manager, Real Estate Enclosure ��' _� SAiNT JOHN P,O. Box 1971 Saint John,NB Canada E2L 4L1 � wavw,saintjohn.ca I C.P. 1971 Saint John,N.-B.Canada CaL 4L'{ -----�r 2$ Page 2 I hereby agree to amend clause 6 of the proposed Agzeement of Purchase and Sale signed by my client on June 20, 2011 by deleting "Jwne" and substituting therefare "July". Dated at Sairit hn;NB�June�_, 2011. ,, � ��= �-----... Richar he �on e a of Arjean and Blatr oung 29 REPORT TO COMMON COUNCIL ..._...� �� ,;�''�' r, � , �� { M & C—2011 — 168 f� r- � . �ity of �aittt ��hn June 27, 2011 His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 350 Ashburn Road, 50 Heather Way and 303 Westmorland Road BACKGROUND: As provided in Common Council's resolution of August 3, 2004, this report indicates the rezoning and Section 39 amendment applications received and recommends an appropriate public hearing date. Details of the applications are available in the Common Clerk's office and will form part of the documentation presented at the public hearings. The following applications have been received. Name of Location Existing Proposed Reason Applicant Zone Zone Hughes Surveys 350 Ashburn Road "I-1" Sec. 39 To permit addi- &Consultants tional commer- Inc. (for Barsa cial or light Ventures Ltd.) industrial uses North Star 50 Heather Way "R-2" "MH" To permit a mini- Holdings Ltd. home subdivision James Bustard 303 Westmorland "IL-1" `B-2" To permit a retail &Freddys New Road second-hand Frenchy's Ltd. clothing store 30 M&C-2011-168 -2 - June27,2011 RECOMMENDATION: That Common Council schedule the public hearings for the rezoning and Section 39 amendment applications of Hughes Surveys & Consultants Inc. on behalf of Barsa Ventures Ltd. (350 Ashburn Road), North Star Holdings Ltd. (50 Heather Way) and James Bustard &Freddys New Frenchy's Ltd. (303 Westmorland Road) for Tuesday, August 2, 2011 at 7:00 p.m. in the Council Chamber, and refer the applications to the Planning Advisory Committee for report and recommendation. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager 31 i � ' � REPORT TO COMMON COUNCIL M & C# 2011-169 June 28, 2011 . � :�: His Worship Mayor Ivan Court and c�° Members of Common Council =`� o�n^ Your Worship and Councillors: °�' City of Saint John SUBJECT: Extension of Police Lease BACKGROUND: The term of the Lease Agreement for the Police Space at City Hall expired on April 30, 2011. As such the tenancy is over holding. City staff worked with Ashford Properties, agent for the Landlord; Se-Fish Associates Limited and 058854 N.B. Ltd. to secure an extension of the Lease for Police Space which would reflect the opening of Peel Plaza. Items requiring consideration included; term, rent, opportunity to extend the Lease again in the event of unforeseen construction delays at Peel Plaza or conversely early possession of Peel Plaza resulting in early vacation of the Police Space. Attached to M&C #2011-169 please find a Lease Amendment Agreement for Police Space at City Hall. ANALYSTS: The term of the extension proposed is for 20 months retroactive to Apri130, 2011 and expiring December 31, 2012. The rent is escalated once by$0.50 per square foot (ps fl to $8.00 net psf. There is provision in the Agreement whereby the Lease of Police Space can be further extended by an additiona190 days with written notice to the Landlord prior to June 30, 2012. Conversely with notice to the Landlord on or before June 30, 2012, the Tenant can give notice of its intention to vacate three months early releasing itself from the requirement to pay the base rent for the remainder of the term. Com.mon Area Maintenance and Real Property taxes would still be due and payable for the remainder of the term. This proposed Lease Amendment Agreement gives the Saint John Police Force the term it requires to transition into its new HQ when ready at a rent structure that is less than the $8.40 psf originally contemplated for a 5 year renewal of the Police Space, as per the Term Sheet for the Lease of Space at City Hall (attached). There is also some risk management built into the agreement with an extension clause as well as an opportunity to save some rent money in the event the Peel 32 Report to Common Council Page 2 June 28, 2011 Plaza Project and transition into the space accelerates in terms of time frame. The Landlord for its part has a better sense of certainty for the tenancy and can begin to plan for the remerchandising of the space. It should be also noted that the Landlord has been very fair in these negotiations, allowing their take back of the space to be flexible. RECOMMENDATION: 1. That Common Council resolves to enter into the Lease Amendment Agreement as attached to M&C #2011-169 with Se-Fish Associates Limited and 058854 N.B. Ltd, and further 2. That the Mayor and Common Clerk be authorized to execute the Lease Amendment Agreement as attached. Respectfully submitted, � Ken Forrest, MCIP, RPP Commissioner Planning and Development � atrick Woods, CGA Cit Manager 33 LEASE AMENDMENT AGREEMENT THIS LEASE AMENDMENT AGREEMENT dated the 17th day of May, 2011 BETWEEN: SE-FISH ASSOCIATES LIMITED and 058854 N.6. LTD (the "Landlord") OF THE FfRST PART AND: THE CITY OF SAINT JOHN (the "Tenant") OF THE SECOND PART WHEREAS: A. By a lease dated the 6�' day of Navember 2Q07, (the "Lease") the Landlord leased to the Tenant for and during a term of 3 years, expiring on the 30�' day of April, 2p09 , certain premises as more particularly described as "Pofice Space" in the Lease, located at 15 Market Square, in the City of Saint John, in the Province of New Brunswick. B. By a letter dated April 28, 2008 as formal notification under Schedule E, Section 7 "Option to Renew" of the Lease, the Tenant exercised the Option to extend the Lease to April 30th, 2011. C. Capitalized terms used in this Agreement have the same meanings as are respectively ascribed thereto in the Lease, except as herein otherwise expressly provided. D. The parties hereto desire to amend certain provisions of the Lease: NOW THEREFORE THIS LEASE AMENDMENT AGREEMENT WITNESSES that in consideration of the sum of Ten Dollars {$10.00} now paid by each party hereto to the other (the receipt and sufficiency whereof is hereby acknowledged}, the parties hereto cavenant and agree that the Lease be and the same is hereby amended effective the 1 s° day of May, 2091 (the "Effective Date") as follows: 1. Schedule E, Section 7 "Option to Renew" of the Lease is amended to include the following: Item 7. TERM of the Term Sheet is hereby deleted and a new Item 7. TERM is inserted as follows: "A third option ta renew is availabls to the Tenant under the following Terms: i. the Term is extended to December 31 St, 2012; ii. the Rent for the extended term is $8,00 per square foot net; iii. the Tenant has a ane-time Option to Extend the Lease by three months upon providing 6 months written notice to the Landlord; iv. the Tenant has the one-time Option to Return the Police Space to the Landlord for the final three months af the extended term provided six months' notice. The Tenant would be released fram net rent payment only during the final three months of the extended term." Lease Remains in Force - Except with respect to the amendments contained herein, all other terms and canditions contained in the Lease shail remain unamended and in full force and effect. MORGUARD March 2006-Lease Amendment Agreement Pa9e� 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Bindina Effect - This Agreement shalf enure to the beneft of and be binding upon the successors and assigns of the Land�ard and the heirs, executors and administrators and the permitted successors and assigns of the Tenant. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the date first above written. LANDLORD: SE-FISH ASSOCEATES LIMITED By: Name: Title: c/s By: Name: Title: We have authority to bind the corparation LANDLORD: 458854 N.B. LTD. by its agent MORGUARD iNVESTMENTS LIMITED WITNESS to signature of Tenant: TENANT: THE CITY OF SAINT J�HN Signature: BY� Name: Print Name: Title: c/s Address: BY� Name: Title: Occupation: I/V1/e have authority ta bind the corporation MORGUARD March 20Q6-Lease Amendment Agreement PaBg Z 35 PAGE 3 QF TERM SHEET-FORMING PART OF LEASE QF QFFICE SPACE-SAILi1T JOHN CITY HALL From:NEay 1,2011 To:April 30,2016 $373,5d9.00 per annum $34,128.42 per mo. calculated at a rate of $7.00 per square foot per annum of the RentBble Area of the Leased Pramises From:May 1.2016 To:Aprif 30,2021 $413,563.25 per annum $34,463.60 per mo. calculated at a rate qf $7.75 per square fool per annum o( ihe Rentable Area of the Leased Premises Unit M201 (637 sq ft} From:May 1,2006 To:April 30,2Q14 $12,740.00 per annum $1,O61fi7 per mo, calculated at a rate af $20.00 per square foot per annum oi the Rentable Area of the Leased Premises From:�lay 1,2011 To:April 30.2016 $14,414.U0 per annum $1,167.83 per mo. caicuiated at a rate of $22.00 per square foot per annum of the Rentable Area of the Leased Premises From:May 1,2016 70:April 30,2021 $15,606.50 per annum $1,300.54 per mo. calculated at a rate of $24.5R per square foot per annum of the Rentable Area of the Leased Premises Police Space: Units 50fl fi00 706 and 1401 34 819.00 ft From:May 1,20U6 To:April 34,2009 $226,323.50 per annum$18,880.29 per mo. calculated at a rate of $8.50 per square faoS per annum of the Rentable Area of the Leased Premises 68. GROSS REN7: City Space: Units BODi M100 M10�.M1Q2.M�0,3(15.658 sa ftl From:May 1,2006 To:Apri!30,2011 $109,606 per annum $91,33.83 per mo_ calculafed at a raEe ot $7.00 per squara foot per annum of 1he Rentable Area of the Leased Premises From:May 1,2011 To:April 30,2016 $131,527.20 per annum $'E 0,96Q.60 per mo. calculated at a rate of$8.40 per square toot per annum of the itenlab{e Area oi the Leased Premises From:May 1,2016 To:April 30,2p21 $156,580.00 per annum $13,046.33 per mo, calculatad at a rate of$10.00 per square foot per annum oi the Rentable Area o(the Leased Premises P in : From�May 1,20D6 to April 30,2fl11 $40,800.00 per annum $3,400.00 per mo. From:May 1,2011 to April 30,2016 $48,000.00 per annum $4,000.00 per mo. From:May 1,2016 to April 3U,2021 $57,600.00 per annum $4,SOfl.00 per ma. Police Space: Unit 80�4 2 716 s ft From:May 1,2006 To:Apri1 30,2011 $19,412.00 per annum$1,584.33 per mo. calculated at a rate of $7.04 per square foot per annum of the Rentabfe Area of the Leased Premises From:May l,2p11 To:April 30,2U1& $22,814.40 per annum$1,901.20 per mo. calculatad at a rate of $8.40 per squara fool per annum ot the Rentable Area of ihe Leased Premises MORGUARO May 2008-Net Qlfice,Multi-Tenant,Saint John City Hall Papa 3 Inittals Landlwd Te� \ ��" 36 _ ___ _ _ _ _ . ... . .... M &C# 2011-165 June 30, 20ll His Worship Mayor Ivan Court and Members of Common Council Your Worship and Councillors: SUBJECT: Revised Sale of Land Formerly an Unnamed Street in Glen Falls BACKGROUND: At its meeting of April 11, 2011 Common Council stopped-up and closed an unnamed public street in Glen Falls. On March 28, 2011 Common Council adopted a resolution, conditional upon the street closing, to subdivide and sell the street if and when closed (M &C#2011-55). ANALYSIS: Subsequent to the street closing, a subdivision plan was commissioned; upon survey of the site the lot configuration varied from that ariginally contemplated. The buyers of these parcels of land are satisfied with the configuration of the parcels and have revised their Offers to purchase; the revisions reflect a change in the proportionate share of the costs incurred by the City to affect the street closing and the surveyor's fees. RECOMMENDATION: L That Common Council rescind its resolution dated March 28, 20ll as contained in M &C#2011-55 pertaining to the sale of an unnamed street in Glen Falls. 2. That The City of Saint John sell its fee simple interest in Parcel "A" having an area of approximately 727 square metres to Harry William Rowe and Claudette Mary Theresa Rowe far $1,000.00 plus HST (if applicable) as per the attached Offer of Purchase and Sale agreement; and to sell Parcel "B", having an area of approximately 268 square metres to Robert K. Janes for $500.00 plus HST (if applicable) as per the attached Offer of Purchase and Sale agreement,both Parcels as shown on an attached Tentative Plan of Subdivision; and 37 Report to Common Council Page 2 June 30,2011 3. That the Mayor and Common Clerk be authorized to sign any documents required to finalize the land transfers. Respectfully submitted, Ken Forrest, MCIP, RPP Commissioner Planning and Development J. Patrick Woods, CGA City Manager CL/c Attachments 38 ' . � . � # - - • f � � � � . � r -..,,, �. .. I �f-—�, " '° �� " Pt�',, ��_ �v as � isr�arei 21l � ]E � ° . K � N 1`~�`� � b �2 M °°"o:ta4�Yte � � �~-�._ i -�,, ~_ °°�o�ra. 1=�.�.1--.-.;.__.-_�� `,�, �^-�-� 4 I 1 � I `,` p7 ol�vi+fa � t � i � e 1 �'�,, � m. I,�� . I; . I ' ° � ° `1'�:� m'' —ch:-So{dierRd. t , t �`�—;__�_` � �� i ; ! � i ! i I '� � } 1'-��._ , -' � � � aw ,, � ; i � i I I i f �i-� _ i I� w 'i xT 'i a� I as ; � �i i �� ' } �F 4 i � � �i �-"�--7-._-� �� lianqson Dr. Ext. i � �� f ', V � _ i ; ; , � . '� ; ,, N j, �' � A�' i ., 'i " i " ' I + � J � ' N � ~ � � � "�~� /� � , �� 1 � � � � µ � �T 'i a� i o� � a^� / • �/ :u i �� 'I . � i � �' 'i ' � » ' » I 3� � �° I / / / . , ` " � i Q E �� i � / e, � i � � � � a 1i i t6 ' � a'^ / il I / 0 /^^�� '� '� � �y�.Morgan Rd. � ,��;°; �� i x . 4 11� ' i 1 � � k M ! M 2t � o / I' <lals�o � e I` 10 72i 1! � I E I i� i � a ; 7 1 � , � i I I ,� �� . ` 150seo�.ae. �� 1 I E I I 'I I `I I 'I _.�---i t � 11 �i .. I . �F .. 1 - � . 0 l_._.. J I �'S '� ur iM�ex.�cae II y I a � , I V I� I� I u j—��rI �4'~- j I' —�.�J�—�-..�.—��,�'__.i�i I 1__�-.. 0 1 � '� --',r_._._ � , � � ' �4 � a,.,,.., � ', j'" \\ � ,, `` ' '; i j �f p i 4 i � LJ.. �'°+« k � i �i ! � � Gi . , ' i ' '. �� no��e:. I " � . �k � � � �k N ° V I = � j ee i '�.� �n f i I � � �� I tp�w 'e e� � u j :t � u 1 2� � D[ 7+ ,I ; ch.Belgian Rd• . ^�' � N � � ey �i �0 � � 9° i �! n000e�n i I V u n I ta �s � �� ` � �i � 'i �� I�, �oe ° i 't I I � �i i � i . i m � " I� V I iI ^.i:,r:o�� N � a Q ', V -'''-'�- �k o i . ....__......._.__..__.—_. ' � �i � __L�_.�------ . p v � . > ; . � � , , _ � , , , , _ . � ,_--- ��: --r_.._ _ ,e .:^. a � � � j � ��-�__._� � __"_' � ° a�y0/"� \ i _.�_,..�,_�� --°^ J `\... , 1, ', \ Ita7oa�oatt. II // �¢10 ` '�,Ji' •� o , I � ,�� %' . � J � ; ��._,y, i i � "�-1 vo[fe6a1 �..�•' � 6 'Jp1�� . � 9lsota,t� +'l �' v�iai�` s? ..�'� t�a ! �� i' ts �'�� I i/ •�F �p .�^ \ i• .`\/,- 00`'' . o�a"' es i•,� �� e°' � 17 � � /,.. 14� �°ei�nie. � ,•� i,,: . �.�t� / ; .,ea Y.\\ /f \ ��. S+ - I • // . . °� .n , Description of Plan: Sale of City owned fand formerly an undeveloped street in Glen Falls. N PID: 55212039 Address: N/A � Pan: N/A Date: �une 24, 2011 � 39 .J ! �� Offer of Purchase and Sale � - Portion of former Unnamed Street in Glen Falis The City of Saint John affers for considerati�n the sale of Parcel``A"having an area of 727 square metres (7,825 square feet) and being the northerly portion of PID Number 55212039 to Harry Wifliam Rowe and Claudette Mary Theresa Rowe, for the sum of $1,000.00 plus HST {if applicable}, As part of this transaction, The City of Saint John is responsible for the preparation of the survey/subdivision plan to create Parcel "A". In consideration of the above and 9n additian to the purchase price for Parcel "A"the land owners of civic #42 Morgan Road, identifed as Lot 25B an the attached Tentative Plan of Subdivision, shall: a) pay a proportionate share of the public advertising and translation costs associated with the closure of the unnamed street, totalling $557.51 plus HST; b) pay a proportionate share af the survey/subdivision costs totalEing $2,520.57 plus HST; and c} be responsible for their legal costs ar�d registratlon and adminis�rative costs associated with this fand trans�er ta be co�solidated with Lot 25B. This offer is se�bject to Common Co�ncil approval. We� rr�r �'� l�j��,�, �c�� . and ' � w ��-�;yvners of civic #4?�lorgan Road, also identified as PID #299347 ac ept the offer contained herein. �y�-� �� - � o/l u re Date � Signature Date 40 0 «� � o Q-�P Q a� GP,� "'`v a� ��` N a� ,� Q N��ff �� 0 �, � °�b� . a Np � �r� OVI m r �. . .�4.64.1 m I . � �� a n, e `` m N ti � an �� N� � �� a" � a A t . ��X asa'si sa , ,�' � N>ffi � o�� °N° � ��_ m a� �O�g I N W �� o� 41 r .s�sl,t�..�g,I� �� ;{ f' ; i R 43;{�e � , j � r 4 � �� { � 1 t� ��`��! � ��y�� yl = �� i � � � �' �i�€�� 8 b" � �W��, By � • e• � Il l � � L.I �F � S ' ' � �� E� a �! � � W �a ,� # , � 6��- � �Fc �� II��i��i�7'�� 3 ��e � �W �� r� g � �� 7 � � � �� F �� a � y� �� : � � a =��° �� 31� � ��E �� b��er� �� S� �7Q� �9�5 �G� �� x�II� �� gy S � F��({ F tl�a�pp � �� p` �" ��y� �<Y�� b� �� %��f � b � �a � g �� AN�� 9�se ,t�Gj n 25}: �' �`1F'.'� A�° rg�e a s ��eN ��+�� A d �dk ` o � �§�� • � a - �, a � � a �S f � �" s " � ° � 2 '.� J � � � =� � � s�� 1 �� g�� -+!.�- �p � GFE�� . ��. k z�� ! ' � � �� xA� # R �n�� g �,� � �_ : _��§��;�� ^ �� d �!� , ` �s-�^s m�a�� a z 42 � J. _ 6 Offer of Purchase and Saie �� Portion of former Unnamed Stree# in Glen Falls The City of Saint John offers for consideration the sale of Parcel "6"having an area of 268 square metres (2,885 square feet) and being the sautherly portion of PID fVumber 55212039 to Robert Janes, for the sum of$SQ0.00 plus HST {if applicable). As part of this transaction, The City of Saint John is responsible for the preparation of the survey/subdivis9on plan to create Parcel "B°. In cansideration of the above and in addifiion to the purchase price for Parcel "B"the land owner of civic #55 Belgian Road, identif�ed as Lot 26 Blocic 28 on the attached Ter�tative Plan of Subdivision, shall: a) pay a propo�fiionate share of�he public advertising and translation costs associated with the closure of the unnamed street, totalling $ Z05.57 plus HST; b) pay a proportianate share of the survey/subdivision cosfis totalling $929,43 plus HST; and c) be responsible for his legaf costs and registration and administrative costs associated with this land transfer to be consolidated with Lot 2fi. This offer is subjeet to Common Council approval. I ��a�e�'� S�n ��„ , owner of civic #55 Belgian Road, also identified as PID #2989�1 accept the offer contained herein. 1� 2 '� �� Signature D te 43 „.. � . � PO o O Q �� N�� Q�� p ��g �� N % � °s,a��l OO �• a � n� �, a:; ro r i�4 t' ' J0.84J m < •g�, N° N r m � n = `r ' E h il � Q �� • ~'e� n w � �W � R t a ��r o d5431 59 . �' Q, N'� = 0�� N O� m K� ��g � �5( �— � 1� O 44 � =sts`,i,..�g� � il {�I * ' � � g � � �� 9 � 3 �� os.e �c !� � � �'[ � � °'� � � — o � � � �' li��i� L � � t I �q � � �W�� ao• a ol I(� g � !1 �� • � / . II �� y � � �I�� il,s; ��9�t �# a ��i � � W .�a ,, 5� ' � �� E�j'j � I� � � ' � b��' C7 `��" �� e � � 9 W �� ;9 � �� E" �� 4 � � ¢�� . � � � ��r �� e � ��g� �� b6� �� R� �� $�� b�� z�� b �� b� �� . ��g��@�� b � � � �• �� Ao�� p �c ��,`F� "�� : �' �,a ~ " re � �' g R�o� � ��a � _ ` � b ��s� !i � � � '9�i9 E 6 �� ar �� s€� = � � � � � .� ' �!� !��#q � �� + h� � ��Cl� � a Z—~ 3 �� R�as�!� .d� a �o � ��a&�a�i� �� uR lax�"�� 4�1 p� ? :a�:�°r��5^��iik� � �� R �� x��:�� ----��,s a z 45 � � � - e� �° U J�� . � .. •� June 17, 2011 SAINT JOHN BOARD OF POLICE COMMISSIONERS His Worship Mayor Ivan Court PO Box 1971 and Members of Common Council Saint John,New Brunswick Canada E2L 4L1 Bureau des Commissaires du Service your Worship and Councillors: de Polrce de Saint John C.P. I97! SaintJohnNouveau-Bn�ns�vick Re: Saint John Police Force 2011 O eratin Bud et-A ril YTD Canada E2L 4L1 P g g P Financial Results CtiRISTOPHER WALDSCHUTZ Chair/President DAV1D F.MERSON The Saint John Board of Police Commissioners, at its meeting on Vrce Chair/Vice Presiden! Tuesday, June 7th, accepted and approved the Saint John Police Force MARY-EILEEN O'BRIEN 2�1 1 � eratin Bud et—A ril YTD Financial Results. Secretary/Secretaire p g P I� MAYOR IVAN COURT Commissioner/Commissaire On behalf of the Saint John Board of Police Commissioners, I am JONATIIAN FRANKLIN Commissioner/Commissaire pleased to provide a copy of this report to Common Council in PETER b'ICGUIRE accardance with Section 7 (3) of the New Brunswick Police Act. Comm issi oner/Commissaire WILLIAM G.REID Chief of Police/Chef de Police SHARON RIGBY Respectfully submitted, Executive Administrator/ Secretaire Adminislrative � � � � � � Telephone/Telephone: CI1T1StOp11eI'W11C�SC�lUtZ (506)674-4142 Chairman I'ax/Telecopieur: Salllt JO�111 BOaL'C�Of POIICE COIT11T11SS10riCCS (S06)648-3304 E-mai!/Courriel: C W�Sr polrceconunissionn,raiiatiohn.ca 1�-- SAINT JOHN Explore our past/ Explorez notre passe Drscover your future/ Decouvrez vorre avenir 46 �i'-- REPORT TO SAINT JOHN BOARD OF POLICE COMMISSIONERS y� �, ;. � . PUBLIC SESSION � ��'�� 'rS•'� 4, '�'-SS."�� '_ G' �i r.'• June 7, 2011 �, Christopher Waldschutz, Chairman and Members of the Board of Police Commission Chairman Waldschutz and Members _ SUBJECT 2011 Operating Budget—April YTD Financial Results Enclosed reports and documents: • Budget Variance Analysis—Apri130,2011 • Consolidated Statement of Operations—Comparative Report 2011 vs. 2010 BACKGROUND The purpose of this report is to provide the Board with an update on the financial position of the Saint John Police Force's Operating Budget for the four month period ended April 30, 2011. FINANCIAL POSITION/RESULTS For the period ended as at Apri130, 201 l,the Saint John Police Force was under budget by $207,288 or 2.78%. There were six key revenue/expense categories that contributed to this budget variance for the�'irst fiscal reporting period in 2011. 1. Revenue Offsets - $327,587. 2. Salaries and Wages were under budget by $177,152. 3. Overtime costs exceeded budget by $82,936. 4. Wage costs for On-Ca11 and Court Time were over budget by $24,554. 5. Fringe Benefits were under by $27,728. 6. Good and Services were over budget by $167,698. 47 Christopher Waldschutz,Chairman and Members of the Board of Police Commission June 7,2011 Page 2 Subject:2011 Operating Budget—April YTD Financial Results Budget Analysis REVENUE OFF-SETS The $327,587 is a credit against operating expenses and the revenue for Secondments, Peacekeeping Missions, and Extra-Duty assigrunents are a direct offset to wages and overtime costs. Accident Reports �5,400 Taxi Licenses $32,385 - Security Clearances - $13,722 . Secondments and Peacekeeping Missions $229,600 Egtra-Duty Billings $46,480 $327,587 SALARIES AND WAGES Police officer salaries were under budget by $175,917. This variance results from retirements at the end of 2010 and a recruitment campaign has commenced to fill vacancies. OVERTIME Saint John Police Association The overtime costs were over budget by $82,936. The Patrol Division accounted for $60,214 and the Criminal Investigation Division was over budget by$23,599. This variance is further reduced by $40,480 in revenue generated by Extra Duty billings. OTHER PERSONNEL COSTS On-Call Pay On-Call Pay is over budget by $12,672 and this over expenditure will be decreased bq $50,000, which reflects the annual charge to Pt. Lepreau for Emergency Tactical Services (ETS) members that axe on-call each week. Court Time—Saint John Police Association The cost for court time exceeded budget by$13,257. 48 Christopher Waldschutz, Chairman and Members of the Board of Police Commission June 7,2011 Page 3 Subject:2011 Operating Budget—April YTD Financial Results GOODS & SERVICES The various Goods and Services accounts were over budget by$167,698. The variance at the end of April is a timing difference between the monthly budget allocation and purchases for vehicles, equipment, supplies, and maintenance contracts on software and other technology. The Ap�:l financial reporting period is not a good indicator of the projective year-end financial position for the Saint John Police Force as a number of significant purchases �P usually not completed until the end of sumrner each year. The second reporiing period that ends on August 31, 2011 will provide sufficient data to make a final year-end pr�jection. RECOMMENDATION � It is recommended that the Board accept and approve this Financial Report for the period ended as at April 30, 201I and forward a copy to Common Council as required under Section 7 (3) of the New Brunswick Police Act. Respectfully submitted, ��h�� Marven E. Corscadden, CGA DIRECTOR HR& FINANCE William D. Todd CHIEF ADMINISTRA.TIVE OFFICER William G. Reid CHIEF OF POLICE 49 SAINT JOHN POLICE FORCE BUDGET VARIANCE ANALYSIS For the Period Ended April 30, 2011 Budget Expenses Variance Current Variance [s; Timin Actual $ 7,466,034 $7,25Q,746 $207,288 $207,288 Ex ense Cate or� Variance Ex la:�ation of Variance Revenue $277,595 Accident Reports $5,400 Taxi Licences � $32,385 . , Security Clearances $13,722 Secondments/ $229,600 Peacekeeping Extra-Duiy Billings $46,480 $327,587 Salaries &1Nages $177,152 • Safaries-486 is under budget by$13k. • Police officer salaries are under budget by $176k and this amount results from vacancies at the end of 2010. New officers will be hired in 2011. Overtime ($82,936) • Overtime-SJPA-Patrol: Over budget by ($60k) and this amount is reduced by $46k in revenue charged for Extra —Duty assignments. • Overtime-SJPA-CID: Over budget by ($24k). Other Personnel Costs ($24,554) . On-Call: On-Call Pay is over budget by ($13k) and this amount will be reduced by the annual charge to Pt. Lepreau for $50,000 to charge for ETS members that are on On-Call each week • Court Time; Over budget by ($13k). 50 Saint John Police Force —April 2011 Budget Variance Analysis Ex ense Cate o Variance Ex lanation of Variance Fringe Benefits $27,728 • Benefits are calculated at 24.5%. This expense is directly proportional to actual wages and other earnings for the year. General Services $32,574 • No significant variance at the end of April _ 2011 other than the timing difference between the budget allocation, acquisition of goods and services, and the receipt of vendor inv�ices. lnsurance $24,071 . Vehicie Insurance: The actual premium - cost for insurance coverage in 2011 (fleet and facilities) was $21 k less than anticipated. � Deductible Account: Under budget by $3k and this relates to the timing of any charges back to Police for insurance claims from 3`d parties. Profession�! Services $7,681 • Legal Expense—Over budget by ($19k) and this expense relates to labour negotiations with police union. • Detention Security-This expense is under budget by$26k and this is the timing difference between the receipt of the vendor invoices and the actual budget allocation. Other Purchased Services ($9,448) • Purchase Services -This expense is over budget by ($13k) and this is the timing difference between the monthly budget allocation and the acquisition of services Repair 8� Maintenance ($58,416) • Computer Maintenance ($58k). This variance relates to the necessary expenditure for new interviewing technology and equipment for afl interview rooms. 2� Pa�e 51 Saint John Police Force —April 2011 Budget Variance Analysis Ex ense Cate o Variance Explanation of Variance Rentals $27,038 . No significant variance at the end of April 201� other than the timing of the monthly budget allocation for the City Hall lease expense and the charge from the Finance department. Purchased Goods ($52,537) • Safety Supplies ($12k) -Timing difference between the budget allocation and the acquisition of replacement body armour for officers. • Imprest Fund ($13k)—Timing difference - . between the budget aliocation and the . periodic replenishment of the Impresi Fund based on informant activity. • Special Operations $17k—Timing difference between the budget allocation and when special Investigative Operations are launched and completed in 2011. Government Services $191 • No significant v2riance at the end of April 2011 other than the timing difference between the budget allocation and the annual charge for property taxes and radio licenses which will occur in the next reporting period. Internal Services $33,910 • Fleet Maintenance - $38k—The maintenance costs at the end of April was under budget based on actual repairs and maintenance for this 4-month period. • Fleet Fuel -($11 k) —The fuel costs at the end of April was over budget and this is due to record high fuel prices in 2011. • Evergreen Computer Replacement Program -$5k—The monthly lease charges for the evergreen computer replacement was under budget at the end of April. 3 � Pa�e 52 Saint John Potice Force —April 2011 Budget Variance Analysis Ex ense Cate o Variance Ex lanation of Variance Asset Purchases ($219,663) • Vehicles ($256k) - No actual significant variance at the end of April other than the timing difference between the budget allocation and when new police vehicles are purchased and delivered. • Computers $10k -Timing difference between the budget allocation and the acquisition of cc„��uter ar�� other peripheral equipment. • Other Assets $21 k-Timing difference between the budget allocation . and the acq�isition of other assets. 4fPa�e 53 Saint John Police Force Consolidated Statement of C7p�rations For° the Period Ended April 30, 2a11 2011 2010 Budget A�ctual Variance Budget Actual Variance Salaries & Wages 4,845,187 4,668,035 177,152 3,462,946 3,338,396 124,550 Overtime 86,264 169,200 (82,936) 62,004 59,777 2>227 Other Personnel Costs 64,392 88,946 (24,554) 46,283 44,618 1,665 Fringe Benefits 1,202,844 1,175,1'16 27,728 864,567 833,472 31,095 Total VI/ages 8� Fringe Benefits 6,198,687 6,101,297 97,390 4,435,800 4,276,264 159,536 General Services 218,976 186,402 32,574 � 157,393 151,732 5,661 Insurance 99,347 75,276 24,071 71,408 68,839 2,568 Professional Services 135,328 127,647 i,681 97,270 93,771 3,498 Other Purchased Services 41,484 50,932 (9,448) 29,817 28,745 1,072 Repairs & Maintenance 30,328 88,744 (58,416) 21,799 21,015 784 Rentals 319,664 292,626 27,038 2Z9,765 221,501 8,264 Purchased Goods 171,880 177,133 (5,253) 123,542 119,099 4,443 Government Services 6,000 6,191 (191) 4,313 4,158 155 Internal Corporate Charges 248,116 214,206 33,910 178,338 171,924 6,414 Asset Purchases 46,216 265,879 (219,663) 33,219 32,024 1,195 Total Goods & Services 1,317,339 '1,485,036 (167,698) 946,8G3 912,808 34,055 $ 7,516,026 $ 7,586,333 $ (70,307) $ 5,382,663 $ 5,189,072 $ 193,599 Revenue Off-Sets 49,992 327,587 277,595 37,494 224,167 186,673 NET Budget Results $ 7,466,034 $ 7,258,746 $ 207,288 $ 5,382,663 $ 4,964,906 $ 380,264 2.78% 7.06% , 54 206 King Slreel Wesl 1�5�1�, CaS�y�L�IS Saint lohn �� New Brunswick E2M lSb Tel: (506)635-1802 Fax: (506)b35-1832 June 1G, 2011 His Worship Mayar Ivan Court and Members of[lie Common Council City of Saint John P. O. Box 1971 Saint Jol�n, NB E2L 4L1 Dear Mayor Court and Members of CounciE: On behalf of the Board of Governors of The Saint John Jeux Canada Games Foundation, Inc. I am pleased to submit the attached Audit Repor[and Financial Statements of the Foundation as a[December 31, 201Q. This report was re�eived and approved by the $oard of Governors at the annual meeting held on May lU, 2011. Grants in the amount of$40,800 were awarded in 20I0 to SS individual athletes,coaches and sports organizations. A list of grants is contained in the report. Res�ectFulfy submitted. Nr� � � Patrick D. Darrah Chairman, Board of Governors PDD/Ifd 55 THE SAINT JO�HN JEUX CANADA GAMES FOUNDATION, �NC. {Incorporated under khe l�aws of New Brunswick) F�TANCL�L STATEMENTS DECEMBER 31.,201.0 -- 'T�ED S.�.UI�DERS DOYL��,CO. 56 C;hartcrrcd rlccaunlanls THE SAiN�T JOHN JEUX CANADA GAMES FOUNDATI�N, INC. DECEMBER 31,2010 CONTENTS Page INDEPENDENT AUDITORS'REPORT 1 -2 FINANCIAL STATEMENTS Statement of Financiai Position 3 Statement af Changes in Net Assets 4 Statement of Operations 5 Statement of Cash Flpws 6 Notes to Financial St�ternents 7-9 Additional Comments o£A�ditors 10 Schedule o£Grant Recipients 11 - 12 _ TEED SAUNDERS DOYL�&CO. CJ 7 Chartercd Accaununta 39 Canterbury Street TEED P.O.Box 6668 Saint John ��m'�� New Brunswick l�� _ E2L4S1 Do�.E & co• Tel (506) 636-922d --- - Fax (506) 634-8208 Chartered Accountants E-mail tsdsj�tsdca.com INDEPENDENT AUDITORS' REP�RT To the Metnbers of The Saint John J'eux Canada Games Foundation,Inc. We b�ave audited the accoxnpanying financiai staternents of The Saint Jdbn Jewc Canada Games Foundation, Inc., which comprise the statement of financial position as at December 31, 2010, and the statements of changes iza net assets, operatiqns and cash flows for the year then ended, and a summary of significant accounting policies and other explanatory information. Mana�gemenNs Responsibility far the Firrancial Statements Managennent is responsible for the preparation and fair presentation of these �nancial statements in accordance with Canadian generally accepted accounting pzincipies, and for such internai control as management determines is necessary to enable the preparation of financia�l statements t�iat are free from material misstatement,whether due to fraud or error. Auditors'Resporrsibility Our responsibi�lity is to express an opinion on these financia�I statements based on our audit. We conducted our audit in acc�rdance with Canadian generally a�cepted auditing standards. Those standards require that we comply with ethical requi�rements and plan and perforrn the audit to obtain reasonable assurance abo�t whether the financial statements aze free frorn rnaterial misstatement. An audit involves perfornung procedures to obtain audit evid'�nce about the amounts and dhsclosures in the financia�l statements. The �procedures selected depend on the auditors' judgment, including the assessment of the risks of rn�terial misstatement of the financial statements, whether due to fraud or error. In m�lcing thase risk assessments, the a�ditors eonsider intetnal control relevant tv the entity's prep�ration and fair presentation of the financial statements in order to design audit proced�res that are �ppropriate in t,�e cizcwrnstances,but not for the purpose of expressing an opinion on the effectiveness of the entity's inkernal control. �An a�dit also includes evaluating the appropriaten�ss of acco�nting policies used and khe zeasonableness of acco�anti�ng estunates rnade by management, as well as evaluating the overalil presentation of the financial statements. We believe that the a�dit evidence we have obtained is s�fficient and appropriate to prqvide a basis for our audit opinion. Saint John Partners � Fredancton Partners Andrew P.Logap Paler L,l,pgan ��w'� Bnan J.Saunders David H.Bradlsy .lean•Marc Poirier �; � � • . �vE Sauncer.s John N.Landr 1' , , i H.Kyla 58 Independent Auditors' Report to the Members ofThe Saint John Jeux Canada Games Fo�ndation,Inc. 4pinion In our ppinion, the financia�l staternents presenk fairly, in a�l�l nnaterial respects, the financia�l positi�n of 'Che Saint John Jeux Canada Games Foundation, Inc. as at Decernber 31, 2010, and the results of its opezations aud its cash flows for the year then ended in accordance with Canadian generally accepted �ccounting principles. � �� -� �. CHARTERED ACCOUNTANTS Saint J'ohn,NB May 10,2011 TEED SAU�NDERS 2. DOYI,E&CO. 59 Ch�dercd Accountinb THE SAINT JOHN JEUX CANADA GAMES FOUNDATION, INC. STATENIENT OF FIN�ANCIAL POSITION AS AT DEGEiVIBER 31,2Q1p 2010 2009 �ss�rs CLT�RRENT Cash(Note 3) $ �0,998 $ 6Q,7i4 Accaunts receivable{Note 3) �1,$Q9 23,71� Prepaid expenses �.485 - _ _ _65.29� 84,�133 LONG-TERM Investments(Notes 2, 3 and 4) 5.525.073 5.r9$,062 $ 5 5�90 3�65 $ 5 2��#� LIABILITI�ES CURRENT Accounts payable and accrned I�iabil�ities (Npte 3) $ 2�.766 $__ _ 31.3b9 NET ASSETS UNRESTRICTED 568,599 251,226 RESTRICTED(Npte 2) S,000 ooa 5,000.000 S,S68.S99 5.�,51,226 $ 55� $ 52� APPRO D � OF TH�E BQARD: � �i` �� -' f � Director , , ,�;:�., �--'" �-��w _�Director TEED 3. SAL]NDk:RS DOYLE&CO. 60 'hnr.t� ACto.unt�nb THE SAINT J4�HN JEUX CAN,ADA GAMES FOUNDATIUN, INC. STATEMEN�T OF CHANGES IN NET ASSETS FOR THE YEAR ENDED DEC�EMB�ER 31,2010 Total Total Unrestricted Restricted 2010 2009 BALANCE AT BEG�NNING O'F YEAR $ 251,226 $ 5,000,000 $ 5,251,226 $ 4,694,269 EXCESS OF REVENUE OVER EXPENDITURE 3 . 3 3 - 317.373 556.957 BALANCE AT END OF YEAR $ S�S� $ 5 0�� $ 5 5�� $ 5 2�� --- TE�ED $AUND�� q. DOY�.E fi�CO. 61 (:harttred Accounlanb THE SAINT JOHN JEUX CANADA GAM�S FOUNDATION, INC. STr�TE�MENT OF OPERATIQNS FOR THE YEAR END�'D DECEMBER 31,2Q1.0 2Q10 2009 REVENUE(Note 2) I�nterest $ 145,696 $ 114,105 Dividends 66,266 75,387 Loss on disposal of investrnents (309) (43,413) Miscel�laneous income 40 1.206 171,743 147.285 EXPENDTTURE Grants 40,800 10,000 Managernent and custodial fees 34,�96 32,507 Adm�inistration fees 16,Sp8 11,078 Consu�ltant fees 4,877 i,27a Professional fees 4,$48 4,047 Advertising 2,097 2,252 Office 1,080 1,14� Tnsurance 1,409 - Miscellaneous __ 641 b65 _ _ 1_06356 2 4 EXCESS UF REVENUE OVER EXPENDITURE BEFORE NET UNREALIZED GAINS 65,387 84,311 NET UNREALIZED GAINS(Note 2) _. 2i, 5� 472� EXCESS OF REVENUE OVER EXPENDTI'URE $ 3�� $ 5�� TEED SAiYNJ�ERS �• D�E 6z CO 62 C`harteted Accoantan4 TH�E SAiNT JOHN JEUX CANADA GAMES FO�UNDATION, INC. STATEMENT OF C�SH FL,4WS FOR THE YEAR ENDED DECEMBER 31,2010 201Q 2009 CASH PROVIDED BY(USED Il� Operating activities Excess of revenue over expenditure $ 317,373 $ 556,957 Items not involving cash Loss on disposal of investments 309 43,413 Net unrealized gains 251� 98 1472.646) 65,69b 127,724 Changes in non-cash working capital balances Accounts zeceivable 1,910 5,778 Prepaid expenses (2,485) 773 Accounts payable and accrued liabilities 9 503 15.474 55 61 4 749 I�nvesting activiti.es Purchase of investments (1,544,791) (1,291,346) Proceeds on disposal of investments 1.469.457 1.091.296 �75.334,) (200.0501 DECREASE IN�CASH (19,716) (50,301) CASH AT BEGI:IV�N�TG O�F YEAR 60.714 _1.11.0.15 CASH AT END OF YEAR $� 4� $� SUPPLEMENTARY CASIi FLOW INFURMATION Dividends received $ 65,821. $ 75,814 Interest received 109,515 115,437 TEED SAU�N�pERS 6. DOY'LE S�CO. 63 Cbartlred ACCOUnppd THE SAiNT JO�HN JEUX CANADA GAMES FO�UNDATION, INC. NOTES TO FIN.ANGXAL STATEMENTS DECEMBER 31,2010 1. PURPOSE OF THE ORGANIZATION The Saint John Jeux Canada Games Foundation, Inc. is incorporated under the laws of New Brunswick as a non- profit organization and is registered as a Ca.nadian amateur athletic association under the provisions of the Camadian I�ncome Tax Act, Its purpose is�o fund Graining an�d development of amatet�r athletes in Canada. 2. SUMMARY OF STGNIFICAN�T ACCOUNTING PQLICIES Xnvestments Investments are classif ed'as heYd for trading and are stated at fair va�lue. Tn.determining�air values, adjustrzaents have not been made for transaction costs as they are not considered rnateria�l. The change in the difference between the fair va�lt�e and cost of investments at the begiru�ing and end of each year is re#�l�cted in the staternent of operations. Fair va�lues of investments in fixed incorne securities and equities are determined using year-end quoted market prices, The investments of the Fo�ndation are held in the custody of Scotiatiust, and are rnan�ged by Jarislowsky Fraser Limited. The Fonndation's investment strategy is to hold high, qual�ty cocporate or Government bonds and� liquid equity investmemts whicb.bear na unusual credi�t or interest rate risk. Capital Assets Th,e Fqt�ndatian oapitalizes all expenditures for items Itaving an estimated useful life expectancy greater than one year and at a cost greater than$500. Restricted Net Assets The restricted net assets represent the surplus fiznds of$2,125,797 of The Saink John 19�5 Canada Summer Games Society, Inc. -La Societe Des Jeux D'Ete 1985 De Saint John,Inc.trans£erred to The Saint John Jeux Canada Games Foundation, Inc. on Decern,ber 1, 1986. CTnder the Letters Patent incorporating the Foundation, the capital of these surplus funds was not to be spent for a period of ten years. Since the Expiration of this ten-year period in 1996, the Board of Directors have c4ntinued the restriction on the t�se of the capital, and have st�bsequently raised the lirnit to $s,000,oao. Revenue Recognitiou I�nvestment income is recognized on an accrual basis. Use of Estimates The preparation of financia�l statements in accordance with Canadian generally accepted accounting principles requires�managernent to make estimates and assumptions that affect the r�pprted amo�nt of assets and liabili�ties and d�isclosure of contingent assets and �abi�lities at the dafe of the finaneial statements and the reported amount of revenues and expens�s dwriz�g the reportiug period. These estimates are reviewed periodical�ly, and as ad;justments become uecessary, they are reported in earnings in the period in which they becorne known. An example of a si�gnificant estirnate includes the recoverabil7ty of long-term investments. T'�ED SAUNI�ERS �, DOYLE_&CQ: 64 Chnrtrrrd Accpununts THE SA1NT JOHN JEUX C�NADA GAMES FOUNDATION, INC. N4TES TO FINANCI�iL STATEMENTS DECEMBER 31,2010 3. FINANCIAL INSTRUMENTS The Foundation has classified its financial instruments as follows: Financia'1 Asset/ Subsequent Liability Glassification Measurement Cash Held-for trading Fair value Accounts receivable Loans and receivables Amortized cost Investments Held-for-trading Fair vaiue Accounts payable and accrued l7abi,lYties Other financial liabili�ies .Amort'tzed cost 'The�oundation's aarryin�value o£acco�nts receivable and accounts payable and accrued l�iabilities appmximates its fair va�lue due to the immediate or shprt term rnaturity of these instruments. Currency Risk Currency risk is the risk to the Foundation's earnings hhat arise fzom#luctuations of foreign exchange rates and the degree of volatility of these rates. The Foundation is exposed to foreign cunrency risk on its U.S, investments. Tnterest Rate Risk Interest rate risk is the risk that the value of a financial instn�ent might be adversely affected by a change in the interest rates. The F�undation is currently exposed to interest Late rssk through the fixed incozne cornponent of its investznent portfolio. 4. INVESTMENTS Market Market Cost Value Cost Value 2010 2010 20Q9 �0.09 Equities Canadian $ $30,B73 $ 1,543,628 $ 848,530 $ 1,433,048 Foreign 15• 5g•299 1.621.702 15. 23..958 1•452•168 Total equities 2.389.172 3.165.330 2.332,488 2,885.216 Bonds an�d debentures 2,302.878 2.359.743 2 2• g4•537 2.312,84b Total investrnents $ 4 6�� $ 5 5�� $ 4 � 025 $ 5 1,�Q6�? Aliocated to: Unrestricted $ 5�5,073 $ 198,062 Restricted S.00Q.0.0.0 5 0, OQ.000 $ 5 25 073 $ 5,1�: TEED SAi3NDER5 g, DOY�.E&CO. 65 �nd��A�.��o� THE SAINT JOHN JEUX CANADA GAM�S FOUNDATTON, LNC. NOTES TO FINANCIAL STA'I'EMENTS DECEMB'ER 31,2010 5. CAPITAL DISCLOSURE The Foundation's objective in managiz�.g its capital is to ensure that investrnents continue to grow by at least the rate of imflataon before approving an.d distributing grants. The Foundation has internaIly restricted $5,000,000 of net assets to further protect its capital. Due to the decl�ine in va�lue of investments in 2008, and the overaUl uncertainty of equxty markets, the Foundation decided to not advertise for grant recipients in 2009 and during the first half of 2010. The Foundation is not sub;ject to external�ly imposed�capital requirements and the Foundation's overall strategy with respect to capital risk rnanagement remains unchanged from the year ended December 31,2009. TEED SAUN�I)ER� 9. DOYL�6L CU 66 C'hadcred�lccoununts 39 Canterbury Street �o.Box 6668 TEED Saint John SAUNDERS New Brunswick E2L 4S1 ��T � � ��• 1'el (506) 636-9220 ---�-----L FaX (506) 634-8208 Chartered Accountants E-mail tsdsj@#sdca.com ADDITIONAL COMMENTS OF AiJ�DITORS The accompanying Schedule of Grant Recipients is presented as supplementary infom�ation only. In tlus .tespect, it does not form part of the financial staternents of The Saint John Jeux Canada Games Foundatiqn, Inc. for the year ended Decernber 31, 2010, and hence is excl�ded frozn the opinion expressed in our report dated May 10, 2011 to the mernbers on such finamcial statements. The inforrnation in this schedule has been subject to audit procedures oniy to the extent necessary to e�cpress an opinion on the financial staternents of the foundation and, in our opinion, is fairly presented in a�ll respects material tv those finan�cia�l statements. �� . CHARTERED ACCOUNTAN'fS Saint 7�hn�,NB May 10,20l I Seigt John Pertners � ��r'� Fredariclon P. � Andrew P.Lo an Peler L.�L an Brian J.Sauridars C +. Jean-Mar�Poir�er !�-r+,:oV� S�aund9rg Landry ��.' . - . - Kyla 67 THE SAINT JOHN JEUX CANADA GAMES �FOUNDATION, INC. SCHEDULE O'F GRANT RECIPTENTS FOR THE YEAR ENDED DECE1ViBER 31,2010 SPRiNG FALL RECIPIENT SPORT PROV 2010 2010 T_OTAL BAN�ICS,TREVOR WRESTLING PEI $ - $ SDU $ SOU BRIDfiAU,EVAN SPE�D SKATING NB - 500 500 CLARK,STEPHEN WRBSTLT�NG NB - 350 35Q CLEAVFS,ALLYSSA WRESTLII�TG NB - 500 SOU CLINE,SELENA TAE KW4N DO NB - 3S0 3S0 COTE,PATRICK BIATHLON NB - 1,250 1,250 COUT[JRE,LTJKE HADMINTON NB - 500 5p0 D'.AMDUR,MA1'I�-TIEU GYMNASTICS PEI - 1,250 1,250 DAYE-FINi,fiY,S�-IAWN WRfiSTT,ING NB - S00 500 DUGUAY,HANNAH SPEED SKATING NB - 350 350 DTJMOUCHEL,PIERRE SPEED SKATING N�B - 350 350 ELLIS,LORENA WRFSTLTNG PEI - 35U 350 EVANS,ANDR�W SPEED SKATING NB - S00 500 EVANS,CHARLIE SPEED SKATING NB - SOU S00 �E[]�NEKES,ERIC WRESTLING N�B - 1,250 1,250 GAMBLIN,HII.�►RY SPEED SKA'IT1�TG NB - 350 3S0 GTLBERT,SARAH SPEED SKATING NB - 350 350 HASLETT,KATIE FEMALE HOCICEY N�B - 350 350 HAWORTH,REBECCA ATHLETICS NS - S00 500 HOOD,SAUL JUDO PEI - 350 350 JON�ES,CALEB ATfII.ETICS I�B - 1,250 1,250 KELIIiER,C.J.(COACf-n GYMIVASTICS �PEI - 500 500 LANG,NEIL CANQFJKAYAK NS 500 500 LIM,CHAE-YOU+IJG 5PEED SKA'I'ING NB - S00 S00 LOPARCO,NLIA SPEED SKATiNG N�B - 350 350 MACLEOD,DERRICK(COACH) SPEED STCATII�TG IV'B - 500 500 MACR.AE,THOMAS WRESTL,�NG NB - 350 350 MAGUIRE,KIMBERI.Y ARCHERY NB - 350 350 MOS�S,TRENT WRfiSTLING I� - 350 350 MWENGA,PROMISE WRESTLING NB - 1,250 1,250 4UELLE`1`I'�,VALEN�B WRESTLING NB - 504 SOd PETERS,JOHN(COACH) SWIMMING,TRACK,XC N�B - S00 500 POMEROY,TERRY(COACI� WRfiSTLING NB - SOQ 500 QU�INN,CAROLINE SPEED SKATING NB - 35d 350 QUINN,RACHAEL(COACI� SPEED SKATTNG N�B - 500 S00 RAMSAY,PARKER GYMNASTICS PEI - 3S0 350 RAND,JIM(COACH) GYMNASTICS PEI - 1,000 l,ppp RAYM4ND,MIGi�L J�iJDO N�B - 500 SQQ RICHARD,CODY WRESTLING N�B - 350 35p RbBERTSON,CH�RISTbPHER ATHLETICS I��B - 350 350 RYAN,DQNALD(COAC� WRBSTLING N�B - 1,�00 1,500 S�HOULI,MALEK WRESTLING N�B - 350 350 SANFORD,AN�DREW WRESTI,ING N�B - 350 350 SAYAH,BENJAMIN WRESTLING ON - 1,250 1,250 S�HAN'NON,JOSTI ri]�DO N�B - S00 - ; � 11. D��L�CO� 68 Chartercd Accpunlantt THE SAINT JO�HN JEUX CANADA GAMES FOUNDATION, INC. SC�HEDLFLE OF GRANT RECI�IENTS FOR THE YEAR ENDED DECEMBER 31,2010 SPRING FALL RECIPI�ENT SPQRT PROV 2010 201�0 TOTAL SIMON,JAMES WRESTLING NB - 350 350 SMITH,ANN�E-MARi�E WRESTLING P�I - 500 500 STEWART,SAM WRESTLING IYB - 1,250 1,250 THOMAS,SHAWN WRESTLING N�B - 35Q 350 THOMS,CHARLBS '4VRESTLING N�B - SQO SQO TREM�LAY,CATHERIlVE SPEED SKATING N�B - 350 350 TREMBLAY,SOPHIE SPEED SKATING N�B - 350 350 VE�tHOEVEN,N�IGOLAAS WRESTLING rT�B - 500 500 ZWICKER,PATRIG�K(COACH) WRESTLING N�B - l_,000 1,000 TOTAL INDIVIDUALS/COACH�$ - 3Q80U 30,$00 SAINT JOHN TRACK CLUB TRACK AN�D FIELD NB 10,Q00_ LU,p00 TOTAL ORGANTZATIONS - 10,000 10,000 TOTAL GRANTS AWARDED $ - $ 40,800 $ �40,840 -TEED SAU�ID�RS 12• DC�YX,E&_CO. 69 Chattrrcd,�ccountoob q (, City of Saint John , INTERNAL INSERTION ORDER For City of Saint John use onfy: Bud et Number: 11 p 0801 442 2010 De artment: Common Clerk's Office Account#7120b � Contact: Elizabeth Gormle Phone: (SOb 658-2862 Fax: 506 674-4214 Special Instruchons {if any): Reference: 1429 Loch Lomond Road Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad Date(s): Tuesday,June 7`",2011 Tuesday,Jnne 28'h,2011 "SJTJ Independent Placement Date(s}: "SJTJ Classitieds Date(s}: Information for Ad {Boldface anything you wan� Bold in Ad, Centre, Tab, etc.} Section Headline: ❑ General Nofice � Tender ❑ Proposal � Public Notice Sub-Headline (if a licable ; Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Coznmon Clerk/Greffiere communale Contact: Telephone: (5U6) 658-28b2 70 PROPOSED ZONING BY-LAW PROJET DE MODIFICATION DE L'ARRETE AMENDMENT SUR LE ZONAGE RE: 1429 LOCH LOMOND ROAD OBJET: 1429, CHEMIN LOCH LOMOND Public Notice is hereby give� that the Common Par les pr�sentes,un avis public est donn�par lequel Counci]of Tlie City of Saint John intends to consider le conseil communal de The City of Saint John amending Tl�e City of Saint John Zoning By-law at its indique son intention d'etudier la modificalion regular tneeting to be held in the Council Chamber on suivante a I'arrete sur le zonage de The City of Saint Monday,July 4, 2011 at 7:00 p.m.,by: John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 4 juillet 2011 a 19 h : Rezoning a parcel of land having an area of Rezonage d'une parcelle de cerrain d'une superficie approximately 8.2 hectares, located at 1429 Loch d'environ 8,2 hectares, situee au 1429, chemin Loch Lomond Road, also identified as being PID No. Lomond, et portant ]e NID 00312900, de zone 00312900, from "RS-2" One and Two Family r�sidentielle de banlieue — habitations Suburban Residential to "R-2" One and Two unifamiliales et bifamiliales «RS-2» a zone Family Residential, as il3ustrated below. residemtfelle — habitations unifamiliales et bifamiliales «R-2», comme le montre la carte ci- dessous. [INSERT MAP] [INSERER LA CARTE] REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the development of a residential Permettre 1'amenagement d'une subdivision subdivision of approximately 7b ]ots. residentielle d'environ 7b ]ots. The proposed ame�dment may be inspected by any Toute persorule int�ress�e peut examiner]e projet de interested person at the office of the Common Clerk, modification au bureau de la greffiere communale ou or in the office of Planning and Development, City au bureau de 1'urbanisme et du developpement a Hall, 1 S Market Square,Saint John,N.B.between the I'hotel de ville situe au 1 S, Market Square, a Saint hours of 8:30 a.m. and 4:30 p.m., Monday through John,au Nouveau-Brunswick.,entre 8 h 30 et 16 h 30 Friday, inclusive,holidays excepted. du lundi au vendredi, sauf les jours feri�s. Written objections to the amendment may be sent to Veuillez faire part de vos objections au projet de the vndersigned at City Hall. modification par ecrit a 1'attention du soussign� a I'hotel de ville. Tf you require French services for a Common Council Si vous exigez des services franr�ais pour une r�union meeting, please contact the office of the Common de Conseil Communal, s'il vous plait contacter le Clerk. bureau de la greffiere communale. Elizabeth Gormley, Common C1erk Elizabeth Gormley, Gre�ere communale 658-2862 b58-2862 71 __� v N --- - --� �C ,; , ! �� \ . / �` 1 � � �•'\ ___L_- �`�. �� - - -��s� �� r; ,- . ,= _�__, _ ��- �- 1 I ( � I �\ �,�. �� ---- -___ _��_ _�= .\ i' . �-: _ `_r ` ;' •,\ � ,Q - �_- �� , i - _ _,Qr --�� .-- -- � �\ y` � .. _- �.. ' - ' � �', ; �.... , � �' �'� --- �� - � -\ p� �',- �� =� - ��.-.�,��.%. 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L.� \ � ,,� rs`,- ��h L ah d sovrt donn ��' ;Ii' sdnt Jeln cc��r.Ne.e,��.wm¢. {� C•x�.�\ � \ , �� ' /9 � .�..r..�.,+. f��'.:.::�::..�::.��..�� \ . `�Y �^ ♦ � �a �— .�. \ \ \ % �� _ i r _ ""' � � s� ■..� _.. ..�� \ / \ ._.__.. � i 73 BY-LAW NUMBER C.P. 110- ARRETE N°C.P. 110- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunian 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 le zonage de The City Saint John enacted on the nineteenth day oF of Saint John, decrete le dix-neuf (19) December, A.D. 2005, is amended by: decembre 2005, est modifie par: l Amending Schedule '`A'', the I La modification de 1'annexe «A», Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint John, re-zoning a parcel of land having an area of permettant de modifier la designation pour approximately 8.2 hectares, located at 1429 une parcelle de terrain d'une superficie Loch Lomond Road, also identified as d'environ 8,2 hectares, situee au 1429, being PID No. 0031290Q, from ``RS-2" chemin Loch Lomond, et portant le NID One and Two Family Suburban Residential 00312900,de zone residentielle de banlieue to"R-2" One and Two Family Residential — habitations unifamiliales et bifamiliales «RS-2>> a zone residentielle — habitations unifamiliales et bifamiliales c<R-2» - all as shown on the plan attached hereto -toutes les modifcations sont indiquees sur and forming part of this by-law. le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint John Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed present arrete le 2011, to this by-law the * day of *, A.D. 2011 avec les signatures suivantes : and signed by: Mayor/Maire Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Readin� - Troisieme lecture - 74 � � �� PCannin P.O. Box 1971 - � 506 658 2800 Advisory Committee Saint)ohn New Brunswick Canada E2L 4L 1 June 23, 2011 � � o �'� �� Your Worship and Councillors: °°.��„- ,,"°, �o�-� •�j City of Saint rohn SUBJECT: Proposed Rezoning- 1429 Loch Lomond Road On June 6, 2011 Common Council referred the above matter to the Pianning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 22, 2011 meeting. Mr. Rick Turner, the applicant, attended the meeti�g and advised that he was in agreement with the staff recommendation. Mr Turner also noted the application was �led in December 2010, prior to the adoption of the Growth Strategy by Common Council in March 2d11. Mr. Tumer gave an overview of the potentia! phasing, adjacent roadway connections and proposed lot sizes and density and also responded to questions from the Committee regarding Lands for Public Purposes. Mr. Norman Ganong of 77 Norman Drive, Mr. David Fischer of 31 Ganong Road, Mr. Mike Vienneau of 16 Lakefield Court, Trudy and Seamus Hanley of 56 Old Lake Trail, Mr. Ct�ris Bartlett of 223 Bon Accord Drive and Mr. Kevin McDonald of 16 Roatan Way appeazed before the Committee and raised concerns including the suitability of the proposed Lands for Public Purposes, traffic, access to Loch Lomond Road, lot sizes in the proposed development, school capacity and buffers between the proposed development and adjacent development. Mr. Turner reappeared before the committee and addressed concerns raised by the residents and responded to questions from Committee members regarding the marketability of the proposed lots and roadway connections. No other persons spoke in favour of or in opposition to the application. Ten letters and one petition were received expressing concerns with and opposition to the proposed development. (copies attached) Following consideration of the report,presentations and letters, the Committee adopted a motion to deny the vaziances and recommend that Common Council deny the proposed rezoning based on concerns raised by the presenters and that, in the opinion of the Committee, the application was contrary to the Growth Strategy. 75 -z- RECOMMENDATION: That the application be denied. RespectfuIly submitted, � Co 'n Murray Chairman MR Project No. 11-012 76 � I , I � , 'Ihe�cy oe samc John DATE: J[JNE 17, 2011 TO: PLANNING ADVISORY COMMITTEE FRQM: COMMUNITY PLANNING � PLANNING AND DEVELOPMENT FOR: MEETING OF JUNE 21, 2011 PREPARED BY: REVIEWED BY: � Mazk Reade, P. Eng., MCTP, RPP Ken Forrest, MCTP, RPP Senior Planner Commissioner SUBJECT: Name of Applicant: Hughes Surveys & Consultants Inc. on behalf of 651413 NB Ltd. and Folltins Estates Ltd. Name of Owner: 651413 NB Ltd., Folkins Estates Ltd. and the City of Saint 3ohn Location: 1429 Loch Lomond Road PID: 00312900, 55183727, S51b8801 Municipal Plan: Low Density Residential, Open Space Zoning: Existing: "RS-2" One and Two Family Suburban Residential Proposed: "R-2" One and Two Family Residential Proposal: To develop a residential subdivision having approximately 761ots Type of Application: Rezoning, Subdivision artd Variances to: a) reduce the area of lot 7-A from 550 square metres to 535 squaze metres; b) reduce the depths of lots 7-A and 6-A from 30 metres to 29 metres; lr �, SAIN�OHN P.Q.Box 1971 Saint John,NB Canada E2L 4L1 I wwwsaintjohn.ca ' C.P.1971 Saint j�n,N.-B.Canada E2L 4U 77 Hughes Surveys&Consultants Inc, f Page 2 1429 Loch Lomond Road June 17,201 I c) reduce the required lot areas under the Hiliside Provisions of the Subdivision By-law from 2.0 times the minimum requirement to approximately 1.25 times the minimum requirement and 1.5 times the minimum requirement to approximately 1.2 times the minimum requirement; and d) reduce the required lot widths vnder the Hillside Provisions of the Subdivision By-law from 2.0 times and 1.5 times the minimunn requixement to 1 times the minimum requixement. JURISDICTION OF CQIVIlVIITTEE: The Community PlanningAct authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Committee's recominendation will be considered by Common Council at a Public Hearing on Monday, July 4, 2011. The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning the subdivision of land, including the assent of streets, land for public purposes, and municipal services and pubIic utility easements, and#he authorization of City/Deveioper Subdivision Agreements. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law and Subdivision By-law. The Committee can impose conditions. STAFF RECOMMENDATION TO CONIIVIITTEE: 1. That Common Council rezone a parcel of land having an area of approximately 8.2 hectares, Iocated at 1429 Loch Lomond Road, also identified as PID No. 00312900, from`�RS-2" One and Two Family Suburban Residential to "R 2" One and Two Family Residential. 2. That if and when third reading is given to the proposed rezoning, Common Council: a. assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Tentative Plan of Subdivision, with respect to the vesting of the proposed public streets, and any required municipal services easements and public utility easements; b. under the authority of Section 57 of the Community Planning Act, authorize the release of an approximate 194 square metre portion of the existing Land for Public Purposes of the Folkins Estates Inc. Subdivision, Phase 3, being that portion of PID 55168801, which 78 � Hughes Surveys &Consultants Inc. Page 3 1429 Loch Lomond Road June 17, 2011 wi11 become a portion of proposed Lots 11-C, 5-C and 6-C as illustrated on the submitted tenfative plan; c. assent to the two parcels of land totalling approximately 1480 square metres as a portion of the required Laz�d for Public Purposes for the proposed subdiviszon of the property located at 1429 Loch Lomond (PID No. 00312900) and the balance of the Land for Public Purposes be obtained in the northwest comer of the development in the areas of lots 1-G through 4-G; and d. authorize the preparation and execution of one or more City/deveioper subdivision agreements to ensure provision of the requued work and facilities, including detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate. 3. T'hat the Planning Advisory Committee grant the following variances to: a. reduce the azea of lot 7-A from 550 square metres to 535 square metres; b. reduce the depths of lots 7-A and 6-A from 30 metres to 29 metres; c. reduce the required lot areas un�der the Hillside Provisions of the Subdivision By-law from 2.0 times the minimum zequirement to approximately 1.25 times the minimum requirement and 1.5 times the minimum requirement to approximately 1.2 times the minimum requirement; and d. reduce the required lot widths under the Hillside Provisions of the Subdivision By-law from 2.0 times and 1.5 times the minimum requirement to 1 times the minimum requireznent. 4. That the Planning Advisory Committee approve the proposed street names of Kobe Street and Gemini Court. BACKGROUND: In July 1993, the Planning Advisory Committee considered an application from Thomas Construction Limited and Paul Folkins to subdivide a large area of land situated at 1429-1433 Loch Lomond Road. This subdivision application involved the creation of approximatel��hirty-three (33) serviced residential lots and two new public streets. In August 1993, Common Council assented to the overall subdivision plan, and authorized the preparation and executioa of a City/Developer Subdivision Agxeement to ensure provision of the required work and facilities. In addition, Common Council authorized the preparation and execution of a Section 101 Agreement to regulate the substantial excavation of the subject lands, which involved the regrading of the large site with tk�e removal of appro�cimately 100,000 cubic yazds of gravel prior to subdivision development. 79 i � Hughes Surveys&Consultants Inc. Page 4 1429 Loch Lomond Road June 17, 2011 Since that time, the Coznmittee has favourably considered additional phases of the adjoining Folkins Estates Incorporated subdivision at 1433 Loch Lomond Road. �n June 27, 2400 the Committee considered an application to create three serviced xesidentzal lots along Loch Lomond Road from the subject patcel. The Committee recommended in favour of the application. Common Council assented to the tentative subdivision plan on July 4, 2000, however the lots were never created. TNPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments on the proposed rezoning, subdivision and variances: • Detailed engineering drawings from the developer's engineering consultant must be submitted to the City for review and approval. • There is an existing watercourse on fihis pazcel. The site will be subject to review/comments of New Brunswick Department of Environment. • The developer's engineering consultant must provide a detailed site storm water drainage plan and design brief indicating how storm water collection and disposal will be handled. • Upgrades to existing infrastructure by the developer may be requized. Detailed engineering plans must be submitted prior to determining this, • All grades for existing water and sewer systems mnst be verified by the developer's engineering consultant. • For any proposed wastewater flows being directed towards Loch Lomond Road and the Hickey Road wastewater pumping station,the developer's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. • T'he developer's engineering consultant must verify water capacity and fire flow requirements and include them with the detailed drawing submission. The City must have from the developer's engineering consultant what the expected average and peak water consumption flows will be from this proposed development and confirmation that there is sufficient capacity to support this proposed development. Any new watermains installed must be interconnected with existing mains; there aze to be no dead-ended watermains. • There should be consideration for pedestrian accesses in this development. • The design and extension of Norman Drive, Inverness Avenue (both ends), Old Lake Trail and Roatan Way to interconnect with this proposed development is the fuli responsibility and cost of the developer. • There aze two Lot 3-Cs. Referring to the one adjacent to Lot 4-D, it is not clear how this lot will be accessed. It is assumed this lot, and Lots 2-D, and 5-C will all be from O!d Lake Trail. • The proposed cul-de-sac for Charmaine Crescent(Gemini Court) is not an acceptable layout. It must either be a reverse "p" design or symmetrical about the centre-line of the street. • The existing Roatan Way has an asphalt cul-de-sac that will need to be zedesigned, configured and constructed by this applicant to Qrovide a straight thzough access to Kensington Drive. • The existing Old Lake Trail was approved to have an asphalt cul-de-sac that will need to be redesigned, configured and constructed by this applicant to provide a straight through access to meet Kensington Drive. 80 1 ! Hughes Surveys & Consultants Inc. Page 5 1429 Loch Lomond Road June 17, 2011 Buildings and Inspection Services has no concerns regarding the proposed development. Saint John Fire Department has been informed of the application. Saint John Transit has been informed of the apglication. Leisure Services has been informed of�he applica�ion. Real Estate Services has no objection to the application. School District 8 has been informed of the application. Saint John Energy has been informed of the application. Bell A[iant has been informed of the application. Rogers has been informed o�the application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been informed of the application. Maritimes &Northeast Pipeline, and Brunswick Pipeline advise the area is clear of their facilities. ANALYSIS: Subject Site The subject site has an azea of approximately 8.3 hectares and is located on the north side of Loch Lomond Road east of Hickey Road. The vacant site, which is mostly treed, has approximately 100 metres of frontage along Loch Lomond Road. The elevation of tlie site zanges from 90 metres in the northwest corner of the site to 52 metres along Loch Lomond Road. T1�e development includes 2 small parcels of land to#he east that axe currently zoned "R-2" One and Two Family Residential that will be combined with areas of tbis parcel to develop full lots. One of the parcels is part of the Land for Public Purposes {LPP) dedication for Phase 3 of the Folkins Estates Inc. Subdivision. Proposed Development The applicant is seeking approval to develop a residential subdivision with approxunately 761ots. The Tentative Subdivision plan provides for an extension of Norman Drive and OId Lake Trai1 into the site. A new cul-de-sac, Gemini Court, will provide access from Loch Lomond Road and intersect with Norman Drive. Inverness Place will also be elctended through the site linking Bon Accord Drive and Old Lake Trail. A double loaded street, Kobe Street, will pro�vide access to the central part of the development. Lands for Public Purposes totalling approximately 1480 squaze metres are proposed in the southern portion of the site along a watercourse. 81 I Hughes Surveys&Consultants Tnc. " pag�6 1429 Loch Lomond Road June 17,2011 Surrounding Area The surrounding area is generally zoned "RS-2" One and Two Family Suburban Residential and"R-2" One and Two Family Residential and contains a mix of single and two family residences and vacant lands. Several pazcels of land wzth"RM-1" Three Storey Multiple Residential zoning are also located in the vicinity of the proposed development. Ittstitutional and industrial zoning aze also located along Loch Lomond Road in the area of the proposed development and include a church, care home, automobile dealership and gas station and convenience store. Municipal Plan Direction The majority of the subject site is designated as Low Denszty Residential in the Municipal Plan with a portion of the site designated as Open Space. The Open Space portion coincides with a watercourse on the property where the applicant is proposing the Lands for Public Purposes dedication. The overall intent of the plan from a residential land use perspective is to ensnre that residential areas are used for a range of residential densi�ies and building Types. In addition, the plan allows for commercial uses that have the local residential population as their primary focus to be loca#ed in areas desi�nated as residential. Density of the various residential areas and the overall net residential density of the development are within the maxiznum established in the Municipal Plan with a net density of 12 units/hectare, which is below the 3 8 units/hectaze maximum established in the plan for low density areas. This property is in Staging Area I within fihe City's serviced area in the Municipal Plan, which means any development in this azea is required to be fully serviced bq municipal water, sewer and storm water services. Under Policy 2.4.10.1 of the Municipal Plan it is a policy of the City to designate as Open Space lands along watercourses to encourage measures to protect the quality of water and maintain access for the public wherever feasible. Staff acknowledge that the development proposed is consistent with the provisions of the existing Municipal Plan. Growth Strategy Staff note the application was filed on December 29, 2010 prior to the adoption of the Growth Strategy by Common Council on March 14, 2Q1 J.. The area of the development is located within the Primary Development Area boundary established in the Growth Strategy with the portion of iand along Loch Lomond Road designated as an Area of Stability or Minor Change - Suburban. The northern portion of the land is delineated as being a site that will be reviewed on a site specific basis during the prepazation of the new Municipal Plan to determine its suitability for infill development. Within Areas of Stabilifiy or Minor Change, residential neighbourhoods will be encouraged to evolve naturaliy through minor infill development that keeps with the existing neighbourhood chazacter and scale. 82 I I Hughes Surveys &Consultants Inc. Page 7 1429 Loch Lomond Road June 17,2011 The site is located to the east of the Forest Hills/Lakewood Suburban Opportunity Area established in the Growth Strategy. A Land Budget contained within the Growth Strategy assumed that 85% of the 5,000 housing units anticipated over the timeframe of the new Municipal Plaa will be built in the Opportunity Areas, with 13b0 units planned for development in the Suburban Development Opportunity Areas such as Forest HilIs/Lakewood. The proposed development is outside of the Opportuniiy Area, yet represents between 5% a.nd 6% of the entire planned development for Suburban Opportunity Areas over the lifetime of the new Municipal Plan. While the development is outside of an Opportunity Atea, Staff note that the deveiopment is surrounded by existing development and thus represents a Iarger scale infill project. The proposed development will improve pedestrian connectivity in the area and provide additional street connections to serve existing and future development. Staff are of the opuuon that these features of the development meet the intent of the Growth Strategy. Zoning By-law Zone Standards The "R-2" One and Two Family Residential zone requested through the rezoni.ng allows for smaller lot sizes than that permitted in the "RS-2" One and Two Family Suburban Residential zone. For serviced lots within the "RS-2" One and Two Family Suburban Residential zone, the minimum lot area is 690 squaze metres for one-farnily dwellings and 930 squaze metres for a two-family dwelling with minimum lot widths of 22 metres and 30 metres respectively. Within the "R-2" �ne a�d Two Family Residential zone, a minimum lot azea of 550 square metres is permitted for one and two family dwellings with minimum lot widths of 18 metres for an interior lot and 21 metres for a comer lot. Similar rezoning applications to chan�ge the zone to "R-2" One and Two Family Residential have been approved elsewhere within the City including the adjacent Folkins Estates and Bon Accord subdivisions. Staff encourages new residential developments to take advantage af the reduced lot sizes allowed in the "R-2" One and Two Family Residen�ial zone to enable the creation of more afFordable residential building lots which utilize new municipal infrastructure much more efficiently. The pattern of development in the"R-2" One and Two Family Residential zone significantly reduces the Ci�y's long- term operating capital cos#s to support this form of development. This inczeased density of residential development allows for benefits such as the provision of more tax base aad revenue per metre of urban infrastructure which is a more fiscally responsible approach toward growth and development. The proposed development meets the standards of the Zoning By-law, with the exception of Lots b-A and 7-A, which require minor variances for lot azea and/or depth. These are discussed in a subsequent section of this report. . 83 Hughes Surveys &Consultants Inc. � E 1429 Loch Lomond Road Page 8 June 17,2011 Subdivision By-law General Layout As the proposed street layout meets the requirements of the Subdivision By-Law, assent with respect to the proposed pttblic streets and future streets can be recommended. Detailed phasing of the development will be determined when infrastructure capacities are reviewed at the engineering design stage. Provision has been made for roadway linkages to the adjacent developments and requirements for their construcfiion and extension will be components of the Subdivision Agz�eement entered into between the Developer and City. Proposed Land for Public Purposes The Subdivision By-law requires that six percent of the area of the lots zoned as "R-2" One and Two Family Residential, or six percent of the mazket value of the land be dedicated as land for public purposes (LPP). Approximately 3690 square metres of LPP is zequired in total .The applicant is proposing to dedicate a total azea of approximately 1480 square metres in the southern portion of the site along a watercourse and is proposing that the balance (approximately 2210 square metres}be dedicated via cash-in-lieu. Upon a review of the Tentative Plan of Subdivision, Planning Staffrecommend that the balance of the Land for Public Purposes be obtained i.n the northwest comer of the development in the areas of lots 1-G through 4-G. This will allow for integration with Land for Public Purposes previously acquired in the Folkins Estates subdivision to the east of the development. Staff note that an exchange of a portion of the existing Land for Public Purposes in the Folkins Estates Inc. Subdivision to the west of the site must authorized to allow for this land to be incorporated into proposed Lots 5-C, 6-C and 11-C, as generally illustrated on the submitted tentative plan. Authorization of this exchange is recommended as the adjacent Folkins Estates Subdivision has contributed Land for Public Puxposes ia excess of the requirement of the Subdivision By-Law. Servicing and Access The proposed subdivision will be provided with municipal water, sanitary sewer, storm sewer, underground wiring, and paved streets with curb and sidewalk in accordance with the Subdivision By- law's serviczng standards. The recommendation provides for the necessary City/developer subdivision agreement to ensuze the required services and facilities are provided. Detailed engineering plans and design reports will be required for the approval of the Chief City Engineer, with the detailed engineering drawings attached to the subdivision agreement. The requized reports will need to address the issues raised in Municipal Operations and Engineering's input to the Staff Report. Municipal Operations and Engineering note the applicant's engineering consultant must provide a detailed site storm water drainage plan and design brief indicating how storm water collection and disposal will be handled and a verification of sanitary sewer capacity and water supply availability and pressures. For any proposed wastewater flows being directed towazds Loch Lomond Road and the Hickey Road wastewater pumping station, the developer's engineering consnitant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. 84 Hughes Surveys &Consultants Inc. II � Page 9 1429 Loch Lomond Road June 17, 2011 The development may require upgrades to existing infrastrvcture by the developer and detailed engineering plans must be submitted prior to determining this. The developez must design and construct, at their cost,the unbuilt portions of Norman Drive, Inverness Place (Uoth ends), Old Lake Trail and Roatan Way to interconnect with this proposed development. This includes the portion of Tnverness Place that is a future street adjacent to Bon Accord Drive. This requirement will be incorporated into the Subdivision Agreement that will be entered into by the City and Developer. Municipal Operations and Engineering also notes that the proposed cul-de-sac layout for Gemini Court is not acceptable as it must either be a reverse "p"design or symmetrical about the centre-line of the street. The developer will also be responsible to redesign, reconfigure and reconstruct the existing asphalt cul-de-sac on Roatan Way to provide a straight through access to Kobe Street. Also,the existing Old Lake Trail alignment was approved to have an asphaIt cul-de-sac. This cul-de-sac will need to be redesigned, con#igured and constructed by thzs applicant to provide a straight through access to intersect with Kobe Street. Street Names The developer has provided the proposed names, Gemini Court (originally submitted as Chazmaine Crescent) and Kobe Crescent (originally submitted as Kensington Drive) for the new Public Streets in the subdivision. These names have been reviewed by the GIS division. It is recommended tha�the names Gemini Court and Kobe Street be accepted. Variances Four variances have been requested for the proposed development as follows to: a) reduce the area of lot 7-A from 550 squaze metres to 535 square metres; b) reduce the depths of lots 7-A and 6-A from 30 metres to 29 metres; c) reduce the required lot areas under the Hillside Provisions of the Subdivision By-law from 2.0 tunes the minimum requirement to approximately 1.25 times the minimum requirement and 1.5 times the minimtun zequirement to appro�mately 1.2 times the minimum requirement; and d) reduce the required lot widths under the Hillside Provisions o�the Subdivision By-law from 2.0 times and 1.5 times the minimum requirement to 1 times the minirnum requirement. Staff support the reduction in the required lo�s area for 7-A from 550 to 535 square metres. The vaziance for this lot is required due to the overall width of the pazcel of land being developed which results in a lot depth of 29 metres for this lot. Staff aze of the opinion this is a reasonable request and for the same xeason also support the reduction of the lot depths for lots 7-A and 6-A to 29 metres frozn the 30 metre requirement of the Subdivision By-Law. Staff also support the reduction in the required lot areas and Iot widths as required from the Hillside Provisions of tl�e Subdivision By-Law. These variances affect iots 21-E thzough 26-E as shown on the Tentative Plan of Subdivision. Staff are of the opinion this is a reasonable request as the house designs can be chosen to suit the lots. 85 � f Hughes Surveys &ConsuItants Inc. Page 10 1429 Loch Lomond Road Tune 17,2011 CONCLUSION: The proposed development meets the intent of the Municipal Plan. The rezoning to "R-2" One and Two Family Residential will allow for a more efficient use of infrastructure than would exist under#he current zoning and is consistent with the zoning of the adjoining residential areas on both sides of the site . The rezoning is supported. Common Council's authorization to prepare any required development agreements and assent to the Public Street locations and any required Municipal Services or Public Utility Easements is also zecommended. Staff recommend that lands along the watercotuse as proposed be accepted as LPP and the remainder be talcen in the northem portion of the development. Approval of the requested variances and street names is also recommended. MR Proj ect I3o. 11-012 86 ' PLANNING AND DEVELOPMENT/URBANlSME ET DEVELOPPEMENT �1 �.� 1 �•`J . � RS- 2 - � we, 5_ 2 - � ��3 x�,�fry .� 1 �r � ' 1 �-�.L�� . z �'. 1 � 'R`��{:+';,�� - t` ` ��,• � _ R- 2 � _ �. �` ��. � •� � �4 twr'� - � . .�.�"��• \ .s 1'''�� f •��• � 1 . RS- Rnt- i �'�• . t . p .� _ - : r � � RM-1 _ - , •. . RS_Z "1 y � w� _ .�F RS- 2 !L ] :y �Y I-1 I 1 ' i� t� — � R S- 2�' x Subject Site/site en question: PID(s)/NIP{s): a0312900, 55183727, 55168801 Location: 1429 ch. Loch Lomond Rd. 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' �L, t:- Lockhart, L ncla � Fram: Paul Suckley[paulbucicfey@ragers.com] Sent: Monday, June 13, 2011 10;05 PM �`�j To: Extemal-Planning Subject: Proposed Subdivision - 1429 Loch Lomond Road The proposed subdivisian plan does not provide direct access from Kensington Drive to Loch Lomond Road. As a result, Bon Accord Drive will be the primary route_We reside at 73 Bon Accord and will be negatively affected by an estimated 25% increase in tra�c and the safety issues ko which it will contribute. Bon Accord is currently the or�ly access to Lach Lomond Road for approximately 240 homes and apartrnents including Edinburgh, MacNaughton, McGregor,Strathorne, lnvemess and Lomond Cou�t. It is already a busy street. Traffic from an additional 53 residences will mafce if unsate. Please consider the following existing conditions: - 8on Accord is a very steep hill with two sharp turns in it. Despite the posted speed limit, vehicles cannot help but accelerate. -Driveways on the blind turns have a very short view of vehicles traveling down the hill -School buses stop at the crest of the hill at Inverness and at both turns on the lower section - Son Accord empfies onto Loch Lomond at a tum that limits visibility of fhe 60-70 kmh traffic. In winter the snow banks and ploughing at the church on the corner reduce visibility even further. -The bo�tom of Bon Accord is a hilf tha#makes it challenging to ezif or enter in snow or ice conditions. -Tuming left up Bon Accord from the center lane of Loch Lomond is scary. Vehicles careen around the corner of Loch Lomond over a heave in the west bound lane thaf brings fhem to the center of the road. Direct access to Loch Lomond for Kensington Drive residents would have the following advantages: - Improved visibilty at Kensington and Loch Lomond for exiting or entering traffic. -Kensington will meet Loch Lomond at a flat section of each road. - Bon Accord will not incur an increase in traffic as it will be distributed over two streets. In our opinion, eliminating the Cresent from the subdivision and extending Kensington to Loch Lomond is a safer option. Paui and Susan Buckley 73 Bon Accord Drive Saint John, NB E2J 3V7 Phone: 69fi-2158 � 89 �� Lockhart, L nda Z, J From: Murphy, Margaret Veronica.Ce mur h Sent: Wednesda j p Y@unb.ca] To: Y� June 15, 2011 1 i:q p qM Subject: ��erna!- Pfanning Proposed Rezoning ...a) 1429 Loch Lomond Road, b) 1515 Loch Lomond Road a) Re variances for lots 7A and 6A, we have no objection. Overall,the existing p�a� is acceptable, but would thus becoming a continuation of Kensington Drive straight throu h to prefer elimination of Charmaine Crescent ability o-f traffic to route from Kensington to Old Lake Trail {FolkinL6C� �°mond Road. The areas or Inverness Avenue (8on Accord Subdivision) exit - entrance, thus elimznate the need to join to NormaneDrive,maresthando��szon)in two This wou],d elimznate two or three 1,ots,however,we believe each subdivi ' own exit - entrance to Loch Lomond Road. sion should have its b) This proposal is the one that causes concern. For sometime we hav 'farmer's field'would eventually be developed. However, we did not envision the routing of traffic from the new 5 e been aware that the subdivision via Norman Drive and Ganong Road to Loch Lomond, configured in such a way as to encourage traffic from ].akefro ubalVision through Ganong opposte backing onto Pauline Street, {basically top hal� o The proposed street plan is Ganong Subdivision to Loch lomond Road. �t lots, and those directly � the suhdivision to exit througf� There is a significant grade level difference to join Norman Drive to We would submit a specific recommendation, that being having another eR new subdivision through Bing qvenue (street heyond Cornell not sh t�e new subdivision. grade Ievel and should provide a additiona). entrance trance - exit to the own on map). This site is at Currently there is nathing �or those lots beyond the turn1wherecl�.ezZfa�mergenczes. With any new subdivision it is assumed that there will be man d 11'S8 are located. through Bing would be beneficial for chi].dren to travel to lalcewood Sch wifih no need to exit to Loch Lomond �oad, y y°ung families. A connection ool and playground [urrently I know of no flooding problems �or homes on Ganong Road. However, the new subdivision appears to be at a higher grade, with elim' natural landscape we would not like to see runoff to new subdivision will Ia.nk Ynation of the this area. As well, presume sewage for directly to .Loch Lomond Road and not hook onto Ganong subdivision. This was the case previously, developers Ganong and Folkins had to ensur Loch Lomond Road. e they each joined a# Sincerely, . Clint & Margaret Murphy 35 Ganong Road 1 90 � Lockhart, L nda From: Trudy Hanley[hanley@dfsarch.com] Sent: Monday, June 20, 2011 3:56 PM To: External- Pfanning Subject: Re-Zoning of 1515 Loch Lomond Rd Attachments: Re Zoning Along Ganong.pdf � Please find attached letter concerning Re-Zoning of above property 'Trudy Hanley DFS Inc. architecture & design Since 1904—a cenfury of exce0ence Tel: (S06) 634-8377 Ext. 446 Fax: (506} 632-1741 hanle dfsarch.com www.dfsarch.com ��$ti �Cl.�+ �'�,,��i � �� .�UN � � 20�� '� �� SA.��`� � i 91 � Concemed Citizen Regarding ReZoning of 9515 and i429 Loch Lomond Rd. I have few concerns with regards to the proposed re-zoning of 1515 and 1429 Loch Lomond Rd. frorn "RS-2"to"R-2" 7his might not be such an issue if the developers was not t in to with the minimum zoning standards and lot sizin �Y 9 get by upscale family neighbourhood by continuing the des gn and p operty s ies set out lo�create a r�«e Ganong and even. I am sure th a t o n e o f t h e m a i n r easons most of the families bought into this was the fact that people where not stacked in like sardines. You ha �9 ��d L a k e T r a i l, area home similar t o w h a t y o u c a n b u i l d ou tsi de af the city but within city limits� I f he c'rty contin�le d a nicer over development and minimum stand a r d s y o u a r e i n e v i t a b l s t o a l l o w w here t hey know their ro e Y 9o�ng to drive people outside of the c i t y p A i'ty values are b e i n g p r o t e c t e d. I am proposing allowing for Re-Zoning b ase d on "R-1A", which only allows for one famiiy dwelling and a min, lot width of 21 m, Thi a larger lot size and maintains the same home and lot size currently established in these ad'a neighborhoods. These new development corrie in through the Ganon R s allows for mainta�ning that neighborhood as a minirnum standard should be prima o� � �nt 9 d. neighbarhood and rY er the deveiopers ideas. The other concern that I have is that the city has already allowed developments to start i Lakewood heights area, that are not progressing. These areas have been clear cut for the ' n �� putting up new homes, however, no one is moving in. This should indicate that maybe the resi are not looking for show box- cookie cutter neighborhoods, but residenti ��tention of dence and pride of ownership and the opportunity to buiid a nice home. There sral oaan aaea alonn�ividuality way which has been clear cut and left as an eye sore, g heather This area cannot sustain such a high volume of overcrowding. Lakewood Heights School i aiready filled to capacity. The water pressure in some areas has already been reduced and s going to have to supplement additionaf homes and Loch Lomond Rd. is not equipped to handle is excess volume of traffic. the I realize the city wants to expand within its limits but letting this development continue as th developer has planned is only going to devalue the homes currently existing across the lake in Lakewood Heights and Bonaccord. This proposed development, I am sure could e reduced volume and not allowing semi-detached homes. I also feel#he deve as well as go on, but at a elevations of these proposed singfe family and semi-detached homes at the meeting to rovi loper should provide some public a be�ter understanding of what his intentions are so that we can a!I make informed deci�the understand the consequences of these decisions, sions and Expansion is a good thing, but do it the right way. D�allow developers to do what the on monetary gain. Respect your neighbour and help build a betfer community not tear it do�y�nt based S�ggestions: Should this devefopment continue with no regard to existing property value and standards please consider increasing minimum property size and usage ta suit"R-1A°. Do not allow for connection of the developments through Ganong Rd. /Norman or old lake#rail, and ensure a Ihe properties along the lake must leave a buffer o f t r e e d s p a c e t o pro te c t adjacent pro e l a k e f ron t va lues. This is the least you can do considering it is you as ci p �Y values and committees to protect and maintain proper urban and city development ndlto ke p the c�v'S ory• a good way by not allowing the devaivation of the areas for which you are t in ry g w�ng in rY g to expand. 92 f .� June 17, 2011 �� - ;:� �<<,:, � �. To Whom It May Concern a �UN 7 �;' ��.. , �;,;� "� C'1 '°s� �� ,� O 4�!.• We, the residents of Bon Accord Drive, who are a • �SAIN�..� 76-lot subdiv�sion on 1429 Loch Lomond Road, are o o l�cent to the proposed aPplication. The three parcels of land in question {Ppp No. 0 the rezoning 551688p�) are not in the areas earmarked for growth by fihe Cit lof 00, 55183727, Th�s proposed subdivision does not align wi#h the growth strateY fo�h��ohn. approved by Saint John City Council. Therefore, we, the unders gned, wiSh to' aS have this land remain zoned as "RS-2" pne and Two Family Suburban Residential. Name � ----�- Address � � �Q.�`��t�- lb� �n CZc�� . � /G � �o�-�.�cc�rd -�'; r � � �� l 9 � ,�� c� c� �-� r �2 � �.�� 7�� ,�,,� ,�Z � i�� ,� Qrc�-� �- . ��,,e., � �.��;�. . r�� _ Q �� , .� � � � � � � �� ,�'1 � 1 s-� .�� • � � n � t � 1� ,�, T�'CA�1 ��-. " �1� Y� �C CD/�� Qr' 93 i We, the residents of Bon qccord Drive, who are adjacent to the proposed 76-lot subdivision on 1429 Loch Lomond Road, are opposed to the rezonin appfication. The three parcels of land in question (PIDs No. 00312900 S5 8 551688p1} are not in the areas earmarked for growth by the City of Saint Jo 372�� This proposed subdivision does not align with the growth strate for t hn. approved by Saint 1ohn City Council. Therefore, we, the undersigned �e city, as have this land remain zoned as "RS-2" Qne and Two Famiiy Suburba � S� to n Residentral. ,Name -- Address �� . �-�-d 220 � �cc� �. � 1�e� 1� � � �.2D � �c.�2-� D�. . I��r�. �=,��,,,r � C.� 6�� S�� 2t�' � o �Z � '�°�.'�,� Z, ( S' �an CLit3� i� �� `�� E�C��CJ�. t� �. /��c��( �v�. � �� ,�,,` ��o ��,�� <<o�� .�� d�� ,�'s `��'�'�`� �,� � ' Z g �'� /�cv,•�. �l Y' . y�'� r' � �9 `�"-'�I�l/ /'.� . ,� �1'C� k�CJL � F�-� Ar: ��, � � �� ! �� -� � �� J � J , � 0.5 �� v� �r� �c��A `I r' �� a�� .��'. 3 �-� �.c��Q �� 0 8 .�� ` .�� . � � � � � ` l� � �Zn C c��o�. ��. � 94 I ' We, the residents of Bon Accord Drive, who are adjacent to the proposed 76-lot subdivision on 1429 Loch Lomond Road, are opposed to the rezoning appiication. The three parcels of land in qt�estion �PIDs No. 0031z900, 55183727 55168801) are not in the areas earmarked for growth by.fihe Ci#y of Saint 1ohn. � This proposed subdivision does not align with the growth strategy for the ci as approved by Saint John City Council. Therefore, we, the undersigned, wish o� have this land remain zoned as "RS-2" One and Two Family Suburban Residenti al. Name A ddress �� , �"' A� � �� `.. � � � -� /� --- �� -, � ��" '/� � �U tu g� �� ,$�n a ��C ��,�, , � 1 � �� t7s �co rd ` ' �� , � v � r�� , . �� 5�(� n ..�2 ,�( . r � � �.�v�� G � /r? p�r��'(N ' / L �' `'�l.�l..e�� `�-� �r� l � � l � �N�� ,�� L��j �O1�V � u�C�� ' G� � r4� �� l� � �. �� s �.�. � � _ � 95 r We, the residents of Bon Accord Drive, who are adjacent to the pro osed 76-lot subdivision on 1429 Loch Lomond Road, are opposed to the rezoni p application. The three parcels of land in question �PIDs No, Q0312900 55 � 55168801) are not in the areas earmarked for gro�nrth by the Ci of Sai �8�727� This propos�d subdivision does not align with the growth strate for �t�ohn, approved by Saint John City Council. Therefore, we, the undersi�ed w e c+�, as hawe this land remain zoned as "RS-2" pne and Two Family Sub uba � �sh to n Resrdential. Name � Address M�. � �. ��! g� � ��.�R-n �R � , � lZ � � � � < �� _ _ � �� j'Y�� /� � `�. �r�"�- � .-�� 1 `�� y' ��...�. � �� .��.� �� -�? - �,� �' % �� ,��- �� f� �� y � � �� '�� . ` � � �M o� � � ��. /�/�. � � � � �� 0� � � � al �Y1�� f�jJ ��t.rh a1 � 1 /� c► G � ��2. h�o n � r- � Ai (�.(�. �Q C {�lG{} b+� �1� � � � � �� i�•�'l�n� �f /��'� /1/��fT`a�v ��e, � �� UV � � � � � '� G/I��`', � ��-i'?�CC �!� � � f �� 96 i We, the residents of Bon Accord Drive, who are adjacent to the proposed 76-iot subdivision on 1429 Loch Lomond Road, are opposed to the rezoning application. The three parcels of land in question �PIDs No. 00312900, 55183727, SS168801) are not in the areas earmarked for growth by the City of Saint John. This proposed subdivision does no# align with the growth strategy for the city, as approved by Saint.lohn Ci#y Council. Therefore, we, the undersigned, wish to have this land remain zoned as "dtS-2" One and Two Family Suburban Residential. Name Address � `'� ��?3 ��'��. `� � � �� d� �C-Ar� �� r V a- �0�3 ��n P�Cco�1 `�-� 97 1 Lockhart, L nda From: Pau!Shonaman Sent: Saturday, June 1[8, 2011�3:05 PMt_nb.ca) To: External - Planning Cc: Shonaman, Paul; Sue Flome Subject: Opposition to Rezoning plan 1429 Lach Lomond Road 3 Planning Advisory Committee Saint John,NB 2011-06-1 S Dear Sir/Madam, I atn writing to express rziy concerns over the existing proposal for the above mentioned proposal. VVhile the proposed rezoning from RS-2 to R2 is not a major concern for me,the proposed lot sizes do cause me considerable concern. These miniscule lots,most of which have only 19 meters fronting the streets, cannot be large enough for housing that is compatible with the surrounding neighbourhoods of Bon Accord and OId Lake Trail. My concern is that the developer is sacrificing quality for quantity. VVhen the 3 meter side variances are considered, the actual building space is reduced to l 3 meters, hardly sufficient to erect a dwelling consistent with the properties currently in existence in the previousiy mentioned neighbourhoods, The house pians available for such small lots would be garden homes at best, or 2 story domiciles with minimal square footage per story.'I`hese would not be desirable dwellings for the neighbourhood that I recantly buiit in, Old Lake Trail. Another concern with the ruinimal lot size is overcrowding, W��7C lots in the small geographic area, can the in&astructure absorb all of the extra demand? The vehicular traffic generated in this area would transfocm a quiet dead- end sub-division into a high haffc area. The existing cul-de-sac,Rotan Way, is proposed to,�oin this new sub-division. I do not welcome the increase in tr�c that wi�!be generated by this dumb-division. WI��n you add t}►e proposal for 1515 Loch Lomond Road to this one, all of a sudden our quiet neighbourhood is going to be surrounded by anothec 200 homes. I am vehemently opposed to this concentrated development where there is ample land elsewhere in the city, land that is targeted for expansion.Even our city planner has admitted publicly that these 2 proposed sub-divisions do not fall within the guidelines for the properly expansion plan being formulated by the city. So for all of the above reasons, I have great reservations about the proposal as stated. As I stated,the rezoning is not the issue, nor am I totaliy against the development. The postage stamp lot size is the major concern. One solution would be to leave a wooded separation between the lots on the proposed Kensington Drive and not join it to Rotan Way, Another adaptation that I wouId propose would be to have the developer resubmit their pIan with larger lot sizes. Enlarging the individual lots to bring down the total to 50 or so wouid go a long way towards easing the housing and traffic concerns T have outlined above. T urge you to consider some form of amendment that takes into account the current resident's concerns, and I look forward to seeing some positive changes on the application. I thank you for your time in this matter, Paul J. Shonamar� 44 OId Lake Trail �� ,g;, �9�v�� i�� ; � J�,�! 2 4 �fl � � ��'� �� s��'�%'� z 98 t � Lockhart, L nda From: Gwenn Bartlett[gwennsis@ho#mail.com] Sent: Sunday, June 19, 2011 10:18 PM To: External-Planning Subject: Proposed Rezoning, Subdivision and Variance- 1429 Loch Lomond Road We wish to advise the Planning Advisory Committee that we are against the rezoning application of the proposed 76 lot housing development, as this does not afign with the approved housing and deveJopment growth strategy for the City of Saint John. We want to keep the quiet suburban nature of the area and do not wish to open it up to increased traffic�low. My wife and I have lived on Bon Accord Drive since 1993. Many af our neighbors have told us they chose to live here for the same reasons that we have & have told us that if things are opened up and additional green space destroyed, some will join the trend and consider movi�g outside the city. Most of the homeowners on Bon Accord Drive are paying property taxes of over$4000 annually and do so because of the rural, somewhat country style way of living. We are convenientfy ciose enough to work and shopping, however, far enough away from noise, uncleanliness, congestion, etc. Several Bon Accord residents got together this past weekend to discuss the appficatio� and dozens of homeowners have signed a letter oppesing the rezoning appJication. We wifl drop off the letter on Monday June 20 at City HaU, P(ease reply on Monday morning to advise which floor the Pianning and Development Department is located. The City of Saint John should really listen to the many homeowners on 8on Accord Drive who are opposed to this rezoning application. Chris and Gwenn Bartlett 223 Bon Accord Drive Saint]ohn N.B. �� gt,DE v�L � t� � � � � �l a. JU�1 2 0 2011 � � �� °� s�.��. � 99 ---- � -- --_ ._ . �.,�,00�1��y i u:�b5a�a,s r � �.� June 17, 2011 � To Whom It May Concern, We are residents of Bon Accord Orive and are writing to express our opposition to the proposed retoning appllcation of three parcels of land at 14z9 Loch �omond Rd (P1Ds No. 0031z900,55183727, 55168801). There are severaf reasons why these parcel5 of land should remain zoned as "RS-2" One and Two Famiiy Suburban Residential. First,the parcels of land in question are nat in the aseas earmarked for growth by khe City of Saint 1ohn. 7t�is propased subdivision does not align with the growth strategy for the city, as approved by Saint John City Councfl. We have to wonde�€f this land is permitted to be rezoned and the app�oximately 75 lats/homes built, why the city would spend time, money and energy developing a growth strategy, if ft is not going ta be foElawed? Second,we chose to buy a home in this particular neighbourhood in lar�e part because it was a relatively small subdivisfon, surrounded by wooded ar�as. If this proposed develapment proceeds, we, along with our neighbours,will nv longer have this relative seclusion. We will be cannected to another large subdivision,with the extenslon of Inverness Avenue. This connection wlll also intrease traffic�fow at the lower end of Ban Accord Dr. 7hird,we are concerned about the envfronmenta) impact of the clear-cutting tha#would occur. We are hopefui that the Planning Advlsory Committee and Saint John City Councfl will take steps to ensure that this land is not cansidered protected wetlands. We do not want to see the entire area in question clear-cut and left harren, building oniy a few houses at a time. This seems to be the procedure that fs followed. It could be years before all 76 Ipts are developed;however, in the meantime, barren land is the view for Bon Accord residents instead of natural woodland. We ask that the Planning Advisory Committee recommend to Common Council that this rezonfng appllcatian be denled. Sincerely, �� ,� � Scott and Jacqueline Donaldson �� JUN 2 0 2�ti1 '�1 � � r�,� ��j QF �.��r/ ''---- 100 , �lune 17, 201I Planning Advisory Committee ��G � �� City of Saint John � �,� Planning and Development � O� P. O. Box 1971 a� fUN 2 � SaintJohn, NB � Q ��f1 y E2L 4L1 �� Dear Sir � �� /Madam: qt�(T Re: Proposed Rezoning, Subdivision and Variance—1429 Loch Lomond Road I am providing a response to a letter received at my residence from the Ci#y of Saint lohn — Planning and Development Department dated lune 7, 2011 regarding the above noted development proposal. 1 am in favor of the proposed development provided that the developer is required to accommodate existing drainage patterns from adjatent properties. The majority of the properties on the east side of 8on Accord Drive have their rear yards draining towards the back of their properties and onto the currently undeveloped adjacent property to the east of Bon Accord Drive. Prior#o the purchase of my property at Z48 Bon Accord Drive (lot 5-C) the Bon Accord Subdivision developer and/or previous property owner had ins#alled a French Drain c/w 100mm perforated drain tile along the property line between lot 5-C and 6-C that intercepts upstream flow from the adjacent lot 6-C and discharges the flow at the rear of the properties. 1 do not currently experience any drainage or flooding issues with my property but have a concern that if the natural surface drainage of the rear yards (east towards 8lackall Lake} is disrupted and not properly accommodated with the new development that drainage/flooding issues would be created. The existing surface drainage patterns of the rear yards on 8on Accord Drive together with any French Drains or drain pipes wil! need to be given due consideration when the proposed development is being designed to ensure that existing conditions are accommodated through the creation of appropriate drainage swails and/or piped storm systems by the Kensington Drive developer at the rear !ot line between the Bon Accord Drive properties and the proposed Kensington Drive development. Sincerely, 8rian Keenan 148 Son Accord Drive Sainfi John, NB E21 4K5 101 � f ` Lockhart, L nda d � From: David Fischer[fischer@nbnet.nh.ca] Sent: Monday, June 20, 20'f 1 2:19 PM To: External-planning Subject: Proposed Re-zoning - 1429 8� 15i5 Loch Lomond Road (Additional INFO} Importance: High On June 15/2011 I sent a document in regards to my concerns about the proposed re-zoning. T believe thctt my estimnte on the number of vehicles is only obout 1/2 of what may actualiy happen ns I nccounted for the number of lots, not the fnct fihat they are potentinlly "duplex" homes and therefore the traffic generated may be substantially more than my first estimute. Please add this note to my original note nnd factor it into the equation} Thanks David Fischer Ganong Road Saint John NB i 102 " --- ' rK1N�� HHKLtS YAbt ql , Mr. Jason Bums Resident of Old Z,ake"('�ai[ �� Saint J4hn, New Brua��wick � June 17,24�� g� T3��,� Pia�ning.�dvasozy Colxxz�aittee �,�,�', �� City of Saint John � Planning az�d Deve�opa�aent � P.O. Box 1971 a ��N 2 � �451 '� �� Saint Tohn,N'ew Brun;wick E2L 4L1 �� ,�. �' �O Dear Planning Advxsazy Committee Membezs: �� A'II`�� I acn writing to indicat�;t�at I am against two recent apg)�cations far rezoning,on tk�e city's cast side: �roposcc Rezoniag,5ubdivision a�d V$riAnce-7.429 Loch Lomnnd R,2ad (PIDs Nn.003]Z906,SSX837�7,SS1b8801) (�PProxinn�ately 7G lots) Prapose�f Rezoning-1515 Loch Y,amond Road (PID 55210d13) (Approximately 110 fots) I am a resident Qf pld),ake Trail,which is part of the Gagnon Road subdivisian (a r�evver development}. My hor,ie i.s Sandwiched betweert t�ese two proposed develop�mcnts, My concerzis a�re yarieti, a�3 aze as follows: . • These two prop�sed develap�eats wi11 result ir�m.are than �gQ new��m�s aIong Loch Lomond��pad, witlun a very short distance of ona anothcr, The de��m� for tb�as nomber of new east side homes, s�naply, aoes npt e��st. Th�rre are �urr'etaf�y 19 ho�nES for sale between the Bp�Accord Drive subdivision and the developm.e�t bra.nching off.of.Pauline Street—the two proposed devei��pmez�ks lie irn the middle oi'these two, aIready e�xsting subdivi9ions. T�ree of�e:�e 19 homes, lvcated.•an Gagr�o�Road/Old Lake'(��, ��h gair�y priccd,have been for sale for scveral mont�s now, and have not soId. As 1 am sure each of you are wcll aware,there c�rently exists an additionai pxopQSCd 69-)pt subdivisipr� on 2797 Loch Lomond F.oad. Th�additiou af approximately 250 Iow-demand new homes wi11 sure�y,1��,ve a�egative effect on the market values of several huridreds o�already existing homes. . • The developrnetii o�'appraximatefy 241ake-firont lots (part of 1515 Lo�;� Lomond's prop�,��r�za��g}is bpth uttreaiistic and greedy. 'I`he deve�op�� crcated Che na��y�,ESt Iots k�e ar she car�, to meet m�irurrium squa�e foot�ige r�Q�1etnents. 'Chere exists ainnost half that�numbcr of�a(te_front Iots c�n Old Lake Trail. If tr.is speciftc development and proposed layout are appraved� � narrow strip of#orest (which p�-vtects a� sUe�d and be rep}aced with a row of ti t� y�xa�I��$ke}will be; cut dow,i � y packed houses. �iaekall L,a,ke is a small 103 --- rntNV� LHH�LtS rAUt b1 Page 2 lake. VV,l1y do we always have to exploit naturc? Can't we just enjoy the lake and bordering."orest for w�at it x$? Isn't it wander#'ul to have and enjoy this now healtk.�er water-course and the surrounding wildlif�(in,cluding bald eagles which retur� to the lace's center islarid each spring}Iocated lcss than thrce nQinutcs from the east sidc shopping district? Approval of I515 Loch Lomond subdivisiou ax�d layout wili c�re��te: watersxde soi� exos�on from tk�e cieari;�g of]ots, Za1ce izxput of contaminants �rom building matcrials, and significant noise polludon, • When I purchased my home twa years ago,the Iake, in the most simp�lest pf words,was dir:y. I have noticed, since recent developiz.tent along Olcl Lake Trail has endEd,tFiat th� lake has cleared-up. The development of 1515 L,��cb��ond Road's 110 Iot; (particul.arly tb.e lots located adjacent to the lake)wi1�af�'ect this water course—�which, like so many others nearby, eveAtually end up bn our watershed. • The devclopmF:nt of Old Lake Trail (infrsstructu��, S��o£lots, and residentiai development)��as taken sevez�al yeals, It is not anywhere near completion. The city has fa.led ta properly address t.�e multitude of issues pertaining tliis slow-moving development. The citizens of this dewe�opment 6ave aR�ffered long enough. Uncottzp�eted paved roads and sidewa.�s, insafficicnt street ligk�tiing, construction debris that blows ea.ch day into a��r front yards, and various equipment(sta•:io»ary soil sifter,Iong-time par�Ced and unused van, arid several diggers/tru.cks/:tactors) surrour,d tk�e�ost reccnt homes that b.ave been built. If these pro,posed development� are approved, and x:f tbEU respective dsvelopers do not practice du�� diligence, Z have sxgnificant cancern� t�tat the eity's de�artment{s}do uot have the resouxces to; adhere to residentzal d�velopt�ent by-laws by evafuating�� development(s}, identify and manito.r zr�adequate%oor develaper p�aciice, and take reaso�aahle anci esta,b)zs�ed action/recour�ce when, upon warnings, #�te @evelopers do not address issues or xmprove spEed of deve�opment. ` The addition o!'more than� 1$p homcs witE�in au a�ready deve]oped aze�a, wrll add additianal con�e��on along Loch�,omond Road, duri�g mozning a��supper- tizne traffic. • Old Lake Tza�� typically does r,ot get ploughed iz�the winter unti]afte�r 3:QQ pm, on heavy snow days, T�e addition o#'tt�ese subdivisions wi.Il furthex Sfraia an akeady under-#unded servi.ce. � These two prop�sed developments are�aot located within areas earmarked;for growth, und�r�,aint 7ohn's new�y acce�ted g,�owth plan si7rate�y. I ttr�derstar,c� �a��pAroximalely SOp in£�ll houses may be bui[t outside ea�azkcd areas, If th�se two devel�pments are approved, almost 200 o.f them wili be�scd ttp—it�an a�'ea tiaat alread.�contai.ns Iow demand a�nd dense housizig, Like so m�ny oti�ers, I view tl�e staff 5 report,planning advisory eom��tt��'s�� dmznon counc�1's dccision to be a true Iitrr�us test of system-vy�de�v ue��d adhexence to P!ah SJ, 'I'he city must coach residential develo�ment in targeted 104 uoiGGrt�l� �l:vt bOCbJl4 Yk1NLt LHAKLtS rHUt bd ' , Page 3 areas, aud not<<pprove un�eeded devel�mcnt nf ttarrow strins of fbrests whicl� currentl serve as bu�!'ers between alreadv existin��subdivisions. i urge the planning adti�.sory committee to considez my concems, as they forniulate their recQZZ��endation ta co�incil. Generally speaking, for all o�Fthe reasons stated, I am against the two recent applications far rezvning. �.f tl�e xezoning is acc�pted, particularly 1515 Loc�.Lomond li.oad,it is my sR�ncere hope that the pzoposed layout wiJ.l be drastically revised,in�uch a way that zero effect will bc had on the suzxounding environment and coznn�unity. Let me assure you, my concez�ns are widely sh.ared, and I war�t to thank you for j+our attention fv tk�em. Sincerely, '��/`� ��'(,� �'�/�r Mr. Jason Burns 505.G93.X1,45 105 ` i ' y , . �� . . 3 ��G �.�.�v�� a� �o��-o6-�S � a �U� r � To: PAC Saint John NB (via email) to planning@saintjohn.ca � 6 ��r '� Frorn: David Fischer ,�, � 1� O�(T Subject: Proposed Re-zoning—1429 & 1515 Loch Lomond Road �SQj ZN� S Y I have an objection to the planned "layout" ofthe roads and areas in both re-zoning requests which I wiil outline in this single document. T do not object to having the area deveioped into resitlential neighborhoods, but rather some of the other details and negative impact of the planned road will have on my sub- division. Background: When the"Ganong"sub-division was fust developed and plans submitted, it was designed to be a dead end street with one access to Loch Lomond Road. Lafier, the"Folkins sub-division"came along and the original planning was for it to be similar in that there would be a single, direct access to Loch T,omond Road. Had this plan been followed, there would have been no impact on the Ganong sub-division with respect to traffic flows, This however was not the case. The development went ahead but with changes to the plans and fiheir access to Loch Lomond Road(the only way out) was connected to Norman Drive, and thea onto Ganong Road.At that time the city was having problems providing notifications to plan/zone changes to those iva the area and notifications were hit and miss at best. (I did not receive this notification, nor did severaI of my neighbors to we could not raise our concerns). At some point the plans changed and OId Lake Trail was added to the mix, Another 40 homes (approx) approved with their only access to Loch Lomond Road is to use Ganong Road. Traffic has virtually doubled/tripled on Ganong and there are stiI120 or znore lots approved for development in the Folkins sub- division. As it currently stands, accessing Loch Lomond Road, from Ganong Road can take from 1 to 4 ininutes dependi.ng of the traffic flow on Loch Lomond Road. The curve just east of Ganong access presents a high risk for entry onto Loch Lomond. The traffic study on the speed limits on Loch Lomond Road shows numerovs accidents in this stretch of road. 106 � 11 ` 1429 Loch Lomond Road—Re-Zoning Application Concerns; • No "�een"space designated on the plan • Four additional streets added to direct traffic towards Ganong Road o (extension of Oid Lake Trail, extension of Roatan Way, extension of Tnverness, and a Norman Drive extension into a crescent) • Significant additional traffic will be diverted to Norman Drive/Ganong Road(decrease in property values) Suggestions: • Add green space to this subdivision � Re-design(remove) "Charmaine Crescent" and extend the proposed "KensingEon Drive"directly to Loch Lomond Road • Remove the Norman Drive extension • Remove the Invemess Avenue"crass Street"through the sub-division • Remove the Roatan Way "pass thrQUgh" • Join Bon Accord &Kensington at the "top" of the "new" sub-division. This would ensure access/egress to the sub-division from BOTH ends in the event o�a"blockage"oa Kens�gton. 107 1515 Loch Lomond Road—Re-Zoning Application Concerns: A bit more challenging to explain as there aze no street names. • No "green"space designated on the pIan • Connecting road to Norman Drive will"feed"traffic from about %Z {55) of the proposed homes to Norman and then onto Ganong Road (givan the signif�cant topographical differences, this will be an extremely expensive road. • Sewer/Storm Sewer—if they connect thzough Norman/Ganong, given the higher elevatian of the properties, my home (and all of Ganong/Norman) are at risk for all sorts of water issues • Over t/z of the sub-division could be"isolated" from emezgency access/egress if there is any road blockage part yvay into t�e area (see aitached maps) • Significant additional traffic will be diverted to Norman Drive/Ganong Road{decrease in property values) Suggestions: • Add green space to this subdivision • Add an access/egress "1'u�lc" from Bing to the new sub-division • Adding this woulc!eliminate the need for the Norman Drive"link" at considerably more cost. • By adding this Bing/top of 1515 Loch Lomond access, families/school buses would have a link to the school that avaids Loch Lomond Road therefore increasing the safety factor for the children. 108 Summary; Given the two "new" subdivisions, one on each side of the one I am in,their current plans will have significant negative impact on Ganong Road &Norntan Drive if they proceed as per their proposals. Both streets(Norman & Ganong)wiIl see exponential increases in the volumes of traffc which will have a significant impact by decreasing ow property values. Both streets(Norman & Ganong}MAy have considerable risk to flooding and sewar back-up depending on the plan for fihe routing of the waste water. (This detail was not in the information T received). Loch Lomond Road will see the vehicles from approxicnately 18b homes(and probably 25Q to 300 vehicles)try to enter Loch Lomond Road within a 400 meter part of Loch Lomond Road. Loch Lomond Road, by everyone's observations, is well beyond its designed capacity. Without addressing this matter in an appropriate manner, and by adding significant traffic volumes trying to entedleave the street within a 400 meter area will increase risks to accidents and injuries (plus vehicle damage). One additional considezation is the fact that the areas"above" (see picture 2 attached) the groposed stibdivisions, as well as "above"the Ganong/Folkins subdivisions is aiso a potentially"large"sub-division that MAY also"feed" into Norman/Ganong futtt�er inczeasing traffic in the area resulting in a further diminishment of properry values and significant increase is all related risks to accidents and injuries. You will also note that in flie traffic study cornpeted in 2010 reference is made to bike lanes on Loch Lomond Road. There are currently none there and theu addition wouId create further problems with significant risk to life & liznb, even with currenf conditions. fiiiiing in the vacant land is a good thing, but proper planning is paramount in grotecting property values in the area, and reducing/eliminating risk to life& limb must be a priority. I have attached three (3) drawings that show 1) current state,2) proposed subdivision plans, 3) an alternative plan. The alternate plan is one that would serve the new sub-divisions very well and provide"protection"to the current sub- division. 109 - :^r; w. �.� . Approx 20 ,,�; � r�• ;;;r -� Additional �'' .��L�4 , , r. - ` Homes :��_ ;;: :?��,; _ Already • `;��:��- - _ - APf�roved , State .4.•t,:,i_ `�� ..� %�.: •1:1, , �• • ' 7` � � � '_ ' J�' : '�� _ r ,� _,�.. ,� � "`– tTr; bs � • , � �il ;; .• 1 :•:,�{,�. - • l '�N ' . 2 �:' ;1 1 �. �Zfl�i � i�� ....{_:.7 ' 1 J �� i 9t '1 X •I�i(:;, �[� .Q �+) � ;t � r� .� L: ;�•. � _ ii ,. ^� - 'TT� h. /�}' ¢�ti, 1� 1 f� r.: (',. � _ • i �. r F7�� 1�� .:. �`�S��'.-.�� . . r �' li!� � �1 a � W.�U�� L�: j.� c"i( . i. . -c C � �� ,� 1� j'� • ,- .` f--_ � �'i� `I.. • ,. . . �,' �,�'-��• ('� '�'' tl�:;*�L� �"_� ' '' � r` ;r '' � ''i;�..'�'�i7��.��:+;. ��,� J r�-- � ,•♦ . _ , � , , .w+ � � �. tN��;�i', �.�i.. �� ,.�� ' � 4 r �. i�± �• - 5 � � �c - = :�. ��r��a r'�ed�+��y. _ � '0.,r r :� _, _ _ . . :.. 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'. �t�� . fy• _�'��'�4 - - - '- ��' ^ / � City of Saint John ��/ �a' INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 1 10 0801 442 2010 De artment: Common Clerk's Office Account# 71206 Contact: Elizabeth Gormle Phone: 506 658-2862 Fax: 506 674-4214 Special Instructions (if any): 1515 Loch Lomond Road -Public Hearing Reference: Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ Cit,y Information Ad Date(s): Tuesday,June 7,2011 And Tuesday,June 28,2011 Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal � Public Notice Sub-Headline if a licable : Text: INSERT ATTACHED Call to Action: Elizabeth Gormle �, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 113 PROPOSED ZONING BY-LAW PROJET DE MODIFICATION DE L'ARRETE AMENDMENT SUR LE ZONAGE RE: 1515 LOCH LOMOND ROAD OBJET: 1515, CHEMIN LOCH LOMOND Public Notice is hereby given that the Common Par les presentes, un avis public est donne par Council of The City of Saint John intends to lequel le conseil communal de The Cit�� of Sai�it co�ISider ainendi�lg Tl�e Gity of Saint John Zo�ling John indique son iiltentio�l d'etudier la modification By-la�� at its regular meetiilg to be held in the suivante a 1'arrete sur le zonage de Tlie City of Council Chamber on Monda,y,July 4, 2011 at 7:00 Saint John, lors de la retinion ordinaire qui se p.m., by: tiendra dans la salle du conseil le lundi 4 juillet 2011 a 19 h : Rezonin� a parcel of land having an area of Rezonage d'une parcelle de terrain d'une superficie approximately 15 hectares, located at 1515 Loch d'environ 15 hectares, situee au 1515, chemin Loch Lomond Road, also identified as being PID No. Lomond, et portant le MD 55210413, de zone 55210413, from "RS-2" One and Two Family residentielle de banlieue — habitations Suburban Residential to "R-2" One and Two unifamiliales et bifamiliales «RS-2» a zone Family Residentia[, as illustrated below. residentielle — habitations unifamiliales et bifamiliales «R-2», comme ]e montre la carte ci- dessous. [INSERT MAP] [INSERER LA CARTE] REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit the development of a residential Permettre 1'amenagement d'une subdivision subdivision of approximately 1 1 I lots. residentielle d'environ 1 1 1 lots. The proposed amendment may be inspected by any Toute personne interessee peut examiner le projet interested pecson at the office of the C0171111011 de modification au bureau de la greffiere Clerk, ot• in the office of Planning and conununale ou au bureau de 1'urbanisme et du Development, City Hall, 15 Market Square, Saint developpement a 1'hotel de ville situe au 15, John, N.B. bet��veen the hours of 8:30 a.m. and 4:30 Market Square, a Saint John, au Nouveau- p.m., Monday through Friday, inclusive, holidays Brunswick., entre 8 h 30 et 16 h 30 du lundi au e�cepted. 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 1'attention du soussig�le a l'hotel de ville. If you require French services for a Common Si vous exigez des services fran�ais pour une Cotmcil meeting, please contact the office of the ceunion de Consei] Communal, s'il vous plait Common Clerk. contacter le bureau de la greffiere communale. Elizabeth Gonnley, C011llll011 CICI'IC Elizabeth Gonnley, Greffiere communale 658-2862 658-2862 114 N � �/ �/ �� ' , < � � =� -�� \ , � , � � . � '\�'`\ � � � �� \ � � �� ' � �'� �. � ---- -- �� ' � � '�� A � A \ � � � �� , � / ��' �� \ \\ '� �� .,, � � � � �, ; ,; , \`�� ___--- \ �� , - � � �� \\ \ \ � �'� /, � � � � � � � � \ `/ ^ �� / � '� � � � � �\ � % � � �\j� i <��\ \\\ � � �\�" �� \ ✓ \ � � �` �` � / -------- � ' / �' /� \ �" \ y �� __ __ ----- � % / � � � � � � V '� - - -- 1 i \ � � � � '� �\ .\ � \ � � _ - - ---�� / �, �' / � �\ �� % i � \ > � ��• � _ � '� � /' i , � \ \ \ �- ��, - �>� , '�- � � j / , ,, , �� \� �,,�" \ %�� \ �-1- , �i� /\ � \\ �/\ � �, � _ � / � � \ , � � -� � '� �� ` � � \ � � � � �� ----- / � \� ., \ ��\\ \ , � !�i > % � y�"�J`� � ;- i � �� '�� ;-----� •� � � � _�`` - , / � �'f j�- -- i � � �"�� -T-- r-��,� � � i �� ,� --� - � � �j /\ �� ---� i � \ � �� _ �` � / � \ r , � � ,� � � \ /, `\ ♦ % \� � / � _(� \ / � �,� � : Y� � � � � ,��' �� / � i �� -� �\ � �� S-__'_-_� ' � / � i � ` I 1, /� `� / � � �' `'� � \ V \ �, \ \ /�, .�� /( \ �� i � � � � . � �/ ��\ i � �� -�.'--��--�----�- -�- \ �\ \ /� � � \ \ � ' - -- ' �� \� � �- � � � � , \ / � � y � / � � � � \ �,- �'' � � �\ �� --� �_�� , �-=' � r-1r--- � '� � ,� � � - `�v' `, �� 1 '� /F= � �, `\ � � �, � � ---`�/ (�~� /-- �� .� �`��-�. �\.\_ _� A� \ � � ,-�� /- `` � ',,_,`- ` 'V '�\ � � � ,, �/ � � _ �--r ` ,\ , � � `?� � � \ �,'\ �� J -_ - ---- - - ��` � \�i � �l` / • \.__-- ��-` � - \ � �L� ;�_ \ � \ 115 \ _ __ - - __ � . , \ �\ BY-LAW NUMBER C.P. 110- ARRETE N° C.P. 110- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une reunion du conseil John in Common Council convened, as co�mnunal, The City of Saint John a f'ollows: decrete ce qui suit : The Zoning By-law of The City of L'arrete sur le zonage de The City Saint John enacted on the nineteenth day of of Saint John, decrete le dis-neuf (19) December,A.D. 2005, is amended by: decembre 2005, est modifie par : 1 Amending Schedule "A'', the I La modification de 1'annexe «A», Zoning Map of The City of Saint John, by Plan de zonage de T'he City of Saint John, re-zoning a parcel of land having an area of permettant de modifier la designation pour appro�imately 15 hectares, located at 1515 une parcelle de terrain d'une superficie Loch Lomond Road, also identified as d'environ 15 hectares, situee au 1515, being PID No. 55210413, from "RS-2" chemin Loch Lomond, et portant le NID One and Two Family Suburban Residential 55210413, de zone residentielle de banlieue to "R-2"One and Two Family Residential — habitations unifamiliales et bifamiliales «RS-2>> a zone residentielle — habitations unifamiliales et bifamiliales «R-2» - all as shown on the plan attached hereto -toutes les modifications sont indiquees sur and forming part of this by-law. le plan ci-joint et font partie du present arrete. IN W[TNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint .fohn Saint John has caused the Corporate a fait apposer son sceau communal sur ]e Common Seal of the said City to be aftixed present arrete fe 201 l, to this by-la�v the * day of *, A.D. 201 1 avec Ies signahu-es suivantes : and signed by: Mayor/Maire Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading- Deu�ieme lecture - Third Reading - Troisieme lecture - 116 April 19, 2011 Mr. Ken Forrest, MCIP, RPP Commissioner of Planning and Development City of Saint John 15 Market Square P.O. Box 1971 Saint John, N.B. E2L 4L1 Dear Mr. Forrest: RE1D Investment (654101 N.B. Ltd.) has authorized GENIVAR to pursue all approvals related to the rezoning of PID 55210413, located off the Loch Lomond Road in Saint John, New Brunswick. Re s, ID nvestment ry ' ce 117 9� � `6J Planning P.O. Box 1971 506 658-2800 Advisory Committee Saint]ohn New Brunswick Canada E2L 4L1 June 22, 2011 � , o :�� -�; Your Worship and Councillors: °`°°��, � .•w°°. ., � City of Saint John SUBJECT: Proposed Rezoning- 1515 Loch Lomond Road On June 6, 2011 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 21, 2011 meeting. Mr. Scott Fash, the applicant, attended the meeting and advised that he was in agreement with the stafF recoznmendation. Mr Fash also noted that as-of-right residential development is currently permitted on the site without the rezoning and that a mix of single detached and semi-detached homes will be provided in the subdivision. Mr. Norman Ganong of 77 Norman Drive, Mr. David Fischer of 31 Ganong Road, Mr. Shane Nesbitt of 25 Pauline Street, Mr. Seamus Hanley of Sb Old Lake Trail, Ms. Lynn Sheppazd of 237 Pauline Street, and Mr. Steve Mcauliffe of 131 Lakeview Drive appeared before the Committee and raised concems including tr�c, lot sizes in the proposed development, drainage, roadway connections, and tree removal. Mr. Fash reappeared before the committee and addressed concerns raised by the residents and responded to questions from Committee members regarding lot sizes and Lands for Public Purposes. No other persons spoke in favour of or in opposition to the application. Eight letters were received expressing concerns with and opposition to the proposed development. (copies attached) FoIlowing consideration of the report, presentations and letters, the Committee adopted a motion to recommend that Common Council not approve the proposed rezorung based on concerns raised by the presenters and that, in the opir�ion of the Coznmittee, the application was contrary to the Growth Strategy. RECOMMENDATION: That the application be denied. 118 -z- Respectfully submitted, Co ' urray Chairman MR Project No. 11-152 119 1 � � � �' 'ffie c�ty of Saint)oLn DATE: JLJNE 17, 2011 TO: PLANNING ADVISORY CQMMITTEE FROM: CONIMUTiITY PLANNING • PLANNING AND DEVELOPMENT FQR: MEETING OF JUNE 21, 2011 PREPARED BY: REVIEWED BY: ��`.�/ Mark Reade, P. Eng., MC1P, RPP Ken Fozrest, P. Eng., MCIP, RPP Senior Plariner Commissioner SUBJECT: Name of Applicant: Genivar on behalf of 654101 NB Limited Name of Owner: 654101 NB Limited Location: 1515 Loch Lomond Road PID� 55210413 Municipal Plan: Low Density Residential Zoning: Existing: "RS-2" One and Two Family Suburban Residential Proposed.• "R-2" One and Two Family Residential Proposal: To permit the development of a residential subdivision of approximately 111 lots Type of Application: Rezoning �� SAINT JOHN P.Q.Box 1971 Saint John,NB Canada E2L 4L1 I wwva,sain�ohn.ca I C,A.19TI Saint John,N.-B.Canada E2L 4L1 �1 120 I 1 Genivar � Page 2 151 S Loch Lomond Road June 17,2011 NRISDICT�ON OF COA�IlVIITTEE: The Cornmunity Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed rezoning applications. The Corru�nittee's recommendation will be considered by Common Council at a Public Hearing on Monday, July 4, 2011. STAFF RECONIlVIENDATION TO COMMITTEE: 1. That Common Council rezone a pazcel of larid having an area of approximately 15 hectares, located at 1515 Loch Lomond Road, also identified as being PID No. 55210413, from "RS-2" One and Two Family Suburban Residential to "R-2" One and Two Family Residential. 2. That, pursuant to th�provisions o£Section 39 of the Community PlanningAct,the proposed development of the parcel o�land with an area of appro�cimately 15 hectazes, located at 1515 Loch Lomond Road, also identified as being PID No. 55210413, be subject to the following condi�ions: a. that access to the proposed Lot 11-1000 as shown on the photo-reduced plan titled 654101 NB Ltd. Subdivision, dated March 29, 2011, be limited to one access in the existing driveway locafion; and b. that direct access from the proposed lots 11-1 and 11-84 as shown on the photo-reduced plan titled 654101 NB Ltd. Subdivision, dated Mazch 29, 2011, to Loch Lomond Road not be permitted. BACKGROUND: At their meeting of February 24, 2004 the Planning Advisory Committee approved a fruit and vegetable stand business as a similaz and/or compatible use to an agricultural use subject to conditions. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has the following comments regarding the proposed rezoning of 1515 Loch Lomond Road: • Detailed engineering drawings from the developer's engineering consuItant must be submitted to the City for review and approval. • There is an existing lake on the noted property (Blackall Lake}. The proximity of this development to the lake would be subject to review/comments of New Brunswick Department of Environment. • The developer's engineering consultant must provide a detailed site storm water drainage plan and design brief indicating how storm water collection and disposal will be handled. 121 f � Genivar Page 3 1515 Loch Lomond Road June 17,2011 � Upgrades to existing izifrastructure by the developer may be required. Detailed engineering plans must be submitted prior to determining this. • All grades for existing water and sewer systems must be verified by the developer's engineering consultant. • Any proposed wastewater flows generated by a portion of this development that are being d'uected north towaxds the Bing Avenue/David Street azea raises concem. The existing wastewater pumping station is at capacity. The City has reports available for review but until upgrades and/or improvements are made, no new flow can be directed to this station. For any proposed wastewater flows being directed towards Loch Lomond Road and tlie Hickey Road wastewater pumping station, the deveioper's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. There is no sanitary sewer infrastructure on this portion of Loch Lomond Road. Any required extensions of the existing sanitary sewer infrastructure to service this site is the full responsibility and cost of the developer. • The developer's engineering consul�ant must verify water capacity and fue flow requirements and include them with the detailed drawing submission. The City must have from the developer's engineering consultant what the expected average and peak water consurz�ption flows will be from this proposed development and coz�firmation that there is sufficient capacity to support this proposed development. Any new water mains installed must be interconnected with existing mains; there are to be no dead-ended water mains. • There should be consideration for pedestrian accesses in this development. • The design and extension of Norman Drive to interconnect with this proposed development is the full responsibility and cost of the developer. � At the northern end of the proposed development, a permanent(asphalt) cul-de-sac is required on the proposed fufure street. The length of this proposed cul-de-sac exceeds the maximum length requirements of the Subdivision by-law. � Land for Public Purposes does not appear to have been included with�he tentative subdivision plan. • Access to proposed lot 11-22 must consider the proposed street alignments. • It is assumed that proposed lot 11-1000 will remain with the existing access. No additional driveways are to be provided to this lot. Buildings and Inspection Sezvices have no concerns with the proposed rezoning of the property. Saint John Fi�re Department has no objections as long as access is mai.ntained during construc�ion for turnaround for fire appazatus. Saint John Transit currently provides service to the Lakewood Heights araa. An expansion in this subdivision might lead us to consider a rerouting in this area if access is provided from the older area to the newer azea. Leisure Services has been informed of the application. Real Estate Services has no concerns regarding the proposal. 122 � f Genivar Page 4 1515 Loch Lomond Road June 17,2011 N.B. Department of Environment are no longer vetting rezoning or tentative subdivision applications. However they note there is a lake adjacent to the proposed subdivision and the 3Q metre buffer is not indicated on the plan. Any alteration within 30 metre of the lake requires a permit from the Depar�ient. The proponent is advised to contact the Regional Water Flanning Officer to discuss measures to prevent algal blooms. School District 8 has been informed of the application. Saint John Energy has been informed of the application. Bell Aliant has been informed of the application. Rogers has been informed of the application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been informed of the application. Maxitimes &Northeast Pipeline, and Brunswick Pipelizte advise the area is clear of their facilities, ANALYSYS: Subject Site The subject site has an area of approximately 14.6 hectares and is located on the north side of Loch Lomond Road west of Lakewood Heights. The southern portion of the site, adjacent to Loch Lomond Road, is mostly cleared with a few large buildings from the former agricultural use located on the southwestem corner of the property. The site has approximately 174 metres of frontage along Loch Lomond Road with elevations of the site ranging from 66 metres in the northeast corner of the site to 58 metres along Loch Lomond Road. Proposed Development The applicant is seeking approval to develop a residential subdivision with approximately 111 lots for residential developrnent and a lot for future development(Lot 11-1000) along Loch Lomond Road having an area of approximately 0.4 hectares. The concept plan provided with the rezoning provides for an access to the development that will intersect Loch Lomond Road along with an extension of Norman Drive from the adjacent parcel to the west. The applicant is only seeking a rezoning at this time and not subdivision approval. Approval of the subdivision will be considered at a later da�e in accordance with the regulations in place at the time of application. 123 1 Genivar � Page 5 1515 Loch Lomond Road June 17,2011 Surrounding Area The surrounding azea is generally zoned"RS-2" One and Two Family Subuxban Residential and"R-2" One and Two Family Residential and contains a mix of single and two family residences and vacant lands. Several parcels of land with"RM-1" Three Storey Multiple Residential zoning are also located in fhe vicinity of the proposed development. Institutional and industrial zoning are also located along Loch Lomond Road in the area of the proposed development and include a church, caze home, automobile dealership and gas station and convezuence store. Municipai Plan Direction The site is designated as Low Density Residential by the Municzpal Plan with a portion of the site designated as Open Space. The Open Space portion coincides with a strip of land along Blackall Lake. The overall intent of the plan from a residential land use perspective is to ensure that residential azeas axe used for a range of residential densities and building types. In addition,the plan allows for commercial uses that have the local residential population as their primary focus to be located in areas designated as residential. Density of the various zesidential axeas and the overall net residential density of the development are within the maximum established in the Municipal Plan with a net density of 12 units/Jnectare which is below the 38 units/hectare maximum established in the Plan for low density azeas. This properiy is in the Staging Area 1 within the City's serviced area in the Municipal Plan, which means any development in this area is required to be fully serviced by municipal water, sewer and storm water services. Under Policy 2.4.10.1 of the Municipal Plan it is a policy of the City to designate as Open Space lands along watercourses to encourage measures to protect the quality of water and maintain access for the public wherever feasible. Staff acknowledge that the development proposed is consistent with the provisions of the eatisting Municipal Plan. Growth Strategy The area of the development is located within the Primary Development Area boundary established in the Growth Strategy with the szte delineated as being a site that will be reviewed on a site specific basis duriz�g the pzeparation of the new Municipal Plan to determine its suitability for infill development. The site is located to the east of the Forest Hills/Lakewood Suburban Opportunity Area established in the Growth Strategy. A Land Budget contained within the Growth Strategy assumed that 85% of the 5,000 housing units anticipated over the timeframe of the new Municipal Plan will be built in the Opportunity Areas, with 1360 units planned for development in the Suburban Development Opportunity Azeas such as Forest Hills /Lakewood. 124 I Genivar h Page 6 1515 Loch Lomond Road June J.7,2011 The proposed development is outside of the Opportunity Area, yet represents appro�cimately 8%of the entire planned development for Suburban Opportunity Areas over the lifetime of the new Municipal Plan. While the development is outside of an Opporiunity Area, Staff note that filie development is surrounded by existing development and thus represents a larger scale infill projecf. The proposed development will improve pedestrian connectiviTy in the azea and provide additional street connections to serve existing and future development. Staff are of the opinion that these features of the development meet the intent of the Growth Strategy. Zoning By-law Zone Standards The "R-2" One and Two Family Residential zone requested through the rezoning allows for smaller lot sizes than that permitted in the "RS-2" One and Two Family Suburban Residential zone. For serviced lots within the "RS-2" One and Two Family Suburban.Residential zone the minimum lot area is 690 square metres for one-family dwellings and 930 square metres for a two-family dwelling with rrLnit„um lot widths of 22 metres and 30 metres respectively. Within the"R-2" One and Two Family Residential zone, a minimum lot azea of 550 squaze metres is permitted for one and two family dwellings with minimum lot widths of 18 metres for an interior lot and 21 metres for a corner lot. Similar rezoning applications to change the zone to "R-2" One and Two Family Residential have been approved elsewhere within fihe City, including Folkins Estates and the Bon Accord Subdivision located west of the development. Staff encourages new residential developmen�s to take advantage of the reduced lot sizes allowed in the "R-2" One and Two Family Residential zone to enable the creation of rz�.ore a�£ordable residential building lots which utilize new municipal infrastructure much more efficiently. The pattern of development in the "R-2" One and Two Family Residential zone reduces the City's long-term operating capital costs to support this form of development. This increased density of residential development allows for benefits such as the provision of more tax base and revenue per metre of urban infrastructure which is a more fiscally responsible approach toward growth and development. The development as shown on the concept plan provided with the application generally meets the standazds o�the Zoning By-law. While two of the lots have less than the requued minimum lot area, variances axe not being requested at tbis time as the concept plan was initially developed with the standazds of the "TH"Townhouse zone. The developer's consultant will be fmalizing the Tentative Plan of Subdivision for the initial phase of the development. Subdivision By-1aw Considerations The Tentative Plan will be brought forwazd to the Committee regarding to the assent to the Public Street locations any required Municipal Services or Public Utility Easements, the approval of street names, and the required assent for Lands for Public Purposes. Lot areas and dimensions will be reviewed for compliance with the Zoning and Subdivision By-laws at that time. 125 1 Genivar � Page 7 1515 Loch Lomond Road June 17,2011 Servicing and Access Municipal Operations and Engineering note the applican�'s engineering consultant must provide a detailed site storm water drainage plan and design brief indicafing how storm water collection and disposal will be handled and a verification of sanitary sewer capacity and water supply availability and pressures. For any proposed wastewater flows being directed north towards Bing Avenue and David Street, Staff note the existing pumping station serving this area is at capacity and requires upgrades prior to having available capacity to receive additional flows. For wastewater flows being directed towards Loch Lomond Road and the Hickey Road wastewater pumping station,the developer's engineering consultant must verify that the existing infrastructure to the station as well as the station itself can accommodate the proposed flows. There is no sanitary sewer infrastructure on this portion of Loch Lomond Road. Any required extensions of the existing sanitary sewer infrastructure to service this site is the fiill responsibility and cost of the developer. Tn addition, the development may require upgrades to existing infrastructure by the developer and detailed engineering plans must be submitted prior to determizung this. . An access on this site that will be located on Lot 11-1000 provides access from Loch Lomond Road to the adjacent parcel to the west of the development (1509 Loch Lomond Road}. A separate driveway will have fo be created for the adjacent pazcel when Lot 11-1000 is developed. In addition Staff recommend that access to �he proposed Lot 11-1000 be limited to one access i.n the existing driveway location. Staff also recommend that no d'uect access to Loch Lomond Road be provided from, Lots 11-1 and 11-84. No addi�ional driveway access will be provided to Lot 11-1000. It is assumed that proposed lot 11-1000 will remain with the existing access. No additional driveways are to be provided to tlus lot. CONCLUSION: The proposed development meets the intent of the existing Municipal Plan. The rezoning to "R-2" One and Two Family Residential will a11ow for a more efficient use of infrastructuxe than would exist under the c�urent zoning. The rezoning is supported with conditions relating to driveway locations. MR Project No. 11-152 126 � � PLANNING AND DEVELOPMENTIURBANISME ET DEVEL4PPEMENT ' �� /�.��\,`�� c 1 "•:\�� - ' .� ��'>`. ,,•� - ` ' '''` � RS - 2 � - � �� !-`!`l�-` •/1�� /- � �• '� ��f�;C�, �.:+� _. �,• ' A,l,�12`'hJ;.i' �'1'i'i �. _ -.\ ��'a. \\,�/` �`'_ -- � _ _ ��' � '�` j ��:. "'' \ -�. ,��; � Y 4 , � =.�V : / t _ R.l'� � � \ � � - ,�''" �Y�/ �� . em`„' � �`" 'z � '" a , ! j � • �� .r.+..�� i �� ; � � � r .� a� �� :i.� _ i ''a ��t� . �� ' • �� _ . ,`+ ,( ' \ /1� n" •� �• - _—- � ' - � ./A\ ` �� , / . •,1 �� ' / '• � , R,� : e ' .� / o .,�f'��. /� � • �� 'o� ,� �� o� i RS - _ R M- 1 � �\ .�� ,.� _ - � � t'�_l RM 1 _ _ - � �•� � - .:.4� ��' � _ ' c, _ i '. _�� # '� . u•i . - PiD(s}/NIP(s): Subject Site/site en question: �!� 55210413 Location: 1515 ch. Loch Lomond Rd. 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Road To the planning board regarding the proposed sub division off Loch Lomond Road. We are longtime lakewood hghts residents, 40 years in Jufy and we are "strongly opposed", to the plan to build 110 new homes off Loch Lomond Road. Loch Lomond Road has far #o much traffic using it now, the congestion in the mornings and at suppertime is terrible, it is hard to come off one of the side streets to get onto l..L. Road at these busy times, and even throughout the day the traffic is heavy. I cannot imagine what it would be like with an additional 110 new homes in the area. Also we walk in the area with our dog, where these new homes would be built and use the lalce area for taking children down to see frogs and picic wild berries, all of this area would be lost if these new homes are given the go ahead to be buift. Also our schooi, Lakewood Hghts could not accommodate the many new students that would be using it who would live in the new homes. Currently we have an open ditch in front of our house, we have no sidewalks, which carries the water from an underground spring behind us and drains into a pipe which takes it away from us, otherwise we would get water every heavy rainfall. Where will all that water go if they develope this land? Also no doubt our property taxes will go up with this new development. Please consider a!I of these factors, Lakewood Hghts and Loch Lomond Road cannot handle any more tra�c, and we love the country astmosphere we have right now, which we wifl lose if this housing proposal goes through. Susan/Gerry Preston 212 Pauline Street � 129 Flecknel[, Jillian 'From: L A Toner(ltoner@nbnet.nb.ca] �.� Sent: Monday, June 20, 2011 5:20 PM Ta; External - Planning Subject: Proposed Rezoning - 1515 Loch Lomond Rd. ��G� � I)�� O.G Attention: Mark Reade, P. Eng., MCIP, RPP � �, Senior Planner J�� 1 �ui z � `� -� �� o �.� Dear Sir, ��AZNT SO We are writing in regards to the letter received concerning rezoning of the property at 1515 Loch Lomond Rd. We own the property at 201-203 Pauline Street, and would like to voice our views a�ainst the proposed changes. The rear of our property butts up against the property that has applied for rezoning, and we feel that allowing the development of housing lots in this area would negatively impact our current lifestyle. There is currently a buffer of dense trees between our property and the lake, which according to your diagram, would be removed and replaced with a street. Our privacy wouid be severely impacted due to the fact that our house is considerably higher in elevation than the "new" proposed lots, and a fence would be of no benefit. As well, the noise of an entire subdivision (ie: traffic, dogs, children, etc) would have nothing to absorb it, as the trees do now for the existing homes in that area. There appears to be a street which would enter/exit on Bing Ave (?) which would increase the traffic on Pauline St. to get to the Loch Lomond Rd. Pauline St. at the present time is in poor shape with no sidewalk, and the increase in traffic could do nothing but worsen its condition, as well as make it more dangerous. Recently the Police Dept. installed a portable speed detector a few houses away from ours because of the speed of cars coming over the hill. 1 am not aware of the results of their findings, but more traffic can only increase the chances of speeding and accidents. Having lived in this community for several years {previously 15 Cornell St. and 17 Cornell St.� we were always of the understanding that there was not enough land to accommodate a raadway and development in the proposed area. The parcel(s} of land between the properties on Pauline St. and Cornell St, and the new proposed road, were never supposed to be large enough for houses. With that being said, even though there would be an increase in traffic, if the concerns of safety and condition of Pauiine St. were to be satisfactorily addressed, we would not be opposed to a street running behind our property, with no housing in that section. If you wish further clarification of our concerns, you can reach us at �506� 696-6575. 1 130 Thank You, Robert & Lee Ann Toner 203 Pauline St. Saint John, N.B. E2J 3K8 z 131 Lockhart, L nda From: Paul Shonaman [paulshon@nbnet.nb.ca] Sent: Saturday, June 'f 8, 2011 2:4'1 PM � To: External- Planning Cc: Shonaman, Paul; Sue Home $c ��V�L Subject: Opposition to Rezoning 1515 Loch Lomond Road PID#5521 �� Q� �� Planning Advisory Committee ��,, �UN � Q ��1 �' Saint John,NB t a 2011-06-1 S ,� RE: Rezoning of PID 55210413 1515 Loch Lomond Road �1� � O Dear Sir/Madam, �� SAX�� i am writing to express my concerns over the existing proposal for the above mentioned PID proposal. While the proposed rezoning from RS-2 to R2 is not a major concern for me, the proposed lot sizes do cause me considerable concern. These miniscule lots, most of which have only I 8 meters fronting the streets, cannot be large enough for housing that is compatible with the surrounding neighbourhoods of Bon Accord, Old Lake Trail, and Lakewood Heights.My concern is that the developer is sacrificing quality for quantity. When the 3 meter side variances are considered,the actual building space is reduced to 12 meters, hardly sufficient to erect a dwelling consisient with the properties currently in existence in the previously mentioned neighbourhoods. The house plans available for such small lots would be garden homes at best, or 2 story domiciles with minimal square footage per story. These would not be desirable dwellings for the neighbourhood that I recently built in, Old Lake Trail. Another concern with the minimal lot size is overcrowding. With 110 lots in the small geographic area, can the infrastructure absorb all of the extra demand? I am specifically talking about water, not only drinking water, but also the additional 241ots and houses on Blackall Lake. I feel that the current proposal would put undue stress on both potabie water supply as well as the natural environment of the lake. Add to this the 150 vehicles that would be added to the area, and Loch Lomond Road tr�c congestion enters the issue as well. So for al] of the above reasons, I have great reservations about the proposal as stated. As I stated,the rezoning is not the issue, nor am I totally against the development. The postage stamp lot size is the major concern. My solution would be to have the developer resubmit their plan with larger lot sizes. Enlarging the individual lots to bring down the total to 70 or so would go a long way towards easing the housing and environmental concerns I have outlined above. I urge you to consider some form of amendment that takes into account the current r�sident's concerns, and I look forward to seeing some positive changes on the application. I thank you for your time in this matter. Paul J. Shonaman 44 Old Lake Trail � 132 � �> > Lockhart, L nda From: David Fischer[fischer@nbnet.nb.caJ Sent: Monday, June 20, 20i 1 2:19 PM 70: E�ernal -Planning Subject: Proposed Re-zoning - 1429 & 1515 Loch Lomond Road (Additional INFO) Importance: High On June 15/2011 I sent a document in regards to my concerns about the propased re-zoning. T beiieve that my estimate on the number of vehicles is only about 1/2 of what may actuaily happen as I accounted for the number of lots, not the fact that they nre potentially "duplex" homes and therefore the traffic genernted may be substantially more than my first estimnte. Please add this note to my original note and factor it into the equation) Thanks David Fischer Gnnong Road Sa+nt John NB i 133 06/2Q/2011 07:47 6586314 PRI�ICE CHAP.�ES PAGE 6t Mr. Jason Bums pL � ReSident ofQld Lake'�rail `� Saint Jahn,New Brun:wick 1u.z�e 1.7, 24�1 �,� '�p,�U�� P}anning Advis�Coinm.itte� ,�,.'� �"�� Crty of Sauit Jo � P12nning and Develop�nent � �'� P.O. Box I971 Q'' ,�UN 2 Q ?u�1 "�� Sazx�t Jvh�a,N'ew Brun:wick � E2L 4L1 �r'�, ,-t'� �� AIN�'. I7eaz Planning Advisoty Cvznmittee Members: � I am writing to�ndicat�;tbat I am against two recent applications for rczonin�;, oit t�e city's cast side: Rroposec RezonSng,Subdivision and'VAriance-i429 Lo�h Lamond�t�aad (PIDs Na.�0312900,SSX837�7,5516$SOl) �aPPr�xin�►nieiy 761ots) Propncecl Rezon�ng-1515 Loch Lomond Road (PID 552[0413) (Appro�imately 1I01ots) I am a resident of 41d]�ake Trail, which is part of the Gagnon Road subdivision (a newer developmcnt). My hor�e is sandwichcd between these two proposed developmcnts. My cancems are varicd, an3 are as fal�ows: • These t�vo prop�sed developments will result in more than 1 SO new�xpmcs aiong Loch Lomond k�oad,within a very short distance of one anothcr. The demand for tb�xs numUer of new east side hotnes, sibaply, does not e�ist. Th�are�re cture��tly 19 hoznes for sale between the Boz�Accord Drive subdivisiok� and�l�e developrnent Ur�nch'sng off of Pauline Street—the two proposed devel��pments Iie �n the middle o�'these two, already existing subdivisions. Three of the:�e 19 h4mes, located �n Gagnon Rvad/OYd Lake Trail, each fairly priccd,have been for sale for sev�ral montkas now, a�1d l�ave nat sold. As X am sure each of you are wcll aware; there cwrently exists an additional proposed 69-lot subdivision on 2797 Loch Lomond F:oad. Thc addition of approximately 2501ow-demand ne�v homes wi]1 suze Ly,have a z�egative e£fect on the market values of several hundreds of already existzng hoxnes. � Tlte developmettit o:f appzoximately 241ake-froz�t lots (part of 1515 Loc:h Lomond's propc�sed re�o�aing} is both unreaiistic and greed�. The developer has crcated the narrt►west lots he or she can, to meet mizumum square footage requirements. 'Chere exists almost half that�umbcr of�ake-front lots on Old Lake Trail. If t}.is spccific development and proposed layout are appr��ved, � narrow strip of iorest(which p�-atects s�t �Iready�iragile]ake}will bF: cut dovv�� and be replaced with a row vf tigl�tly packed houscs. �]ackall L,ake is a srrxall 134 06/2fl!2011 �7:47 b58631� P�INC� CHARLES PAGE �^ Page 2 �a�e. W�Zy dp we always have to cxploit nature? Can't we just enjoy the lake and bardcring `orest fox what it is? 1's��'t it wonderful to have and enjoy tlus now healt�zer water-course and the sunounding wildlife(including bald �agles which return to the la{e's cen.ter island each spring) located lc:s than thrce nninutcs from the east sidc sl�opping distriat? A.pproval of 1S 15 Loch Lvzmond subdivision and layout will czeiit�: wafexsxde soil eYOSion from the cleariz�g of lots, �alc�input of conCaminants from building matcrials, and significant noise pollution, • When I purcha�ed my homE two years ago,the Iake, in the mast simp�lest of words,tivas dir:y. I have nofiiced, since recent develapinez�t alorzg �lc! Lake Trail has endEd,that thc lake has cleared-up. The development of 1515 L.ucla J,omond Road's 1101ot; (parkicularly the lots lacated�djacent to the lakc)will affeet this water courss�—which, like so many others nearby, eventually end up iin our watershed. • The devclopm�:nt of Old Lake Trai1 (infrastructuxe, salc of lots, and residential develapinent}��as taken several years. It is nat anywhere near co��letion. Tl�e city has fa�.led to properly address tb�e xnultitude of issucs pertaining tl,is slow-rnoving develapment. The citizens af this der�elopment have.inffered long enough. Uttcampleked paved roads aad sidewalkS, insuffcicnt streeE ligkxtzu�, construction debris that blows each day into otv front y�rds, a.nd various equipment(sta•�ionary soil sifter, long-time packed and unused van, ar�d several diggers/txu.cics/:ractors) surround th.e most reccnt homes that bave been buzlt. If these proposed deve�vpment� arc approved, and 'zf their respective de�relapers do zzot practice du�:diIigence, l have significant concerr� tbat the city's de�artment(s}do not�ave the resouxc�s to: adhere to �asidential dcvelopment by-laws by evaluating the development(s}, identify and manito.r xnadequate/poor deveioper pz�acl icc, and take reaso�able and establislaed action/recour;�e when, upon wamings, tkte developers do not address issues or improve spcecl of development. • The addition oi'more tha� 180 homcs within an already develaped are:a, will add additiona[ congest�on along Loch �,omond ftoad, duz�m�,a morning an��supper- t��m.e traffic. • Old Lake Trail kypically does nqt get ploughed it�the vvintcr until afte�r 3:00 pm, on heavy snow days. TZze addition o#'t�ese subdivisions wi11 furthez strain an already under-fundcd service_ � Tl�ese two pmposed dev�lopments are not located within areas earmarked for growth� under�:aint J�hn's newly acce�ted gxowth�lan strategy. l'ur�derstand tliat approxima�ely 500 infill houses may be bui�t outside eannarkcd areas. If thcse two de�elapments are approved, a�rnost 200 of them will be Usecl up—in an axea that already contains 3ow demand atid dense housiung. Like so many others, I view the staff s report,planning advisory coynmittcc's reco�nnznendatiQn, and common council's decision to l�e a true litm�ns test of system-wide v�31ue and adhelrence to P!at� 5J. The city must coach residentia] development in targeted 135 06i2�/20I1 �7:47 6586314 PPINCE CHARLES PAGE 03 Page 3 arcas, and not��pprove ummeeded develonmemt��ttarrow stri_as af ibrests whicb� currentlY serve as buffers betweem al�eady existin�subdi�vi.sions. T urge the planning ad�isory committee to cansid�r z�ty concems, as they fom�ulate their reconnmendatian to co�uncx�. Generally speaking, for�.11 of the reasons stated, I�m against the two recent applications for rczoning. If t]le rezaning is acecptcd,particulacly 1515 Lacb�T�ornond P.oad, it is my Sincere hope that the proposed layaut will be drasticaliy revised, in�uch a way tbat zero effect wi11 bc had on the surrounding environment and co�mniurlity. Let me assure you,my concerms are widely sh,ared, and I want to thank you for;�our attention to them. Sincerely, ��f�� Cy"��2� Mr. Jason Bums 50�.G9:i.�145 136 �� & D�� 2011-06-15 � f(j� � 6 z�� To: PAC Saint John NB (via email) to pfanning@saintjohn.ca � From: David Fischer '�' � � Subject: Proposed Re-zoning-- 1429 & 1515 Loch Lomond Road ��SAINT S� I have an objection to the planned"layout"of the roads and areas in both re-zoning requests which I will outline in this single document. I do not object to having the area developed into residential neighborhoods, but rather some of the other details and negative impact of the planned road will have on my sub- division. B ackground: When the"Ganong" sub-division was firs�developed and plans submitted, it was designed to be a dead end street with ane access to Loch Lomond Road. Later,the "Folkins sub-division" came along and the originai planning was for it to be similar in that there would be a single, direct access to Loch Lomond Road. Had this pian been followed, there would have been no impact on the Ganong sub-division with respect to traffic flows. This ho�vever was not the case. The development went ahead but with changes to the plans and their access to Loch Lomond Road (the only way out} was connected to Norman Drive, and then onto Ganong Road. At that time the city was having problems providing notifications to plan/zone changes to those in the area and notifications were hit and miss at best. (I did not receive this notification, nor did several of my neighbors to we could not raise our concerns). At some point the plans changed and Old Lake TraiI was added to the mix. Another 40 homes (approx) approved with their only access to Loch Lornond Road is to use Ganong Road. Traffic has virtually doubled/tripled on Ganong and there are still 20 or more Iots approved for deveiopment in the FoLkins sub- division. As it currently stands, accessing Loch Lomond Road, from Ganong Road can take from 1 to � minutes depending of the traffic flow on Loch Lomond Road. The curve just east of Ganang access presents a high risk for entry onto Loch Lomond. The traffic study on the speed limits on Loch Lomond Road shows numerous accidents in this stretch of road. 137 I429 Loch Lomond Road—Re-Zoning Application Cancerns: � No "green" space designated on the plan • Four additional streets added to direct traffic towards Ganong Road o (extension of Old Lake Trail, extension of Roatan Way, e7ctension of Inverness, and a Norman Drive extension into a crescent) • Significant additional traffic will be diverted to Norman Drive/Ganong Road (decrease in property values) Suggestions: � Add green space to this subdivision • Re-design {remove} "Charmaine Crescent" and extend the proposed "Kensington Drive" directly to Loch Lomond Road • Remove the Norman Drive extension • Remove the Inverness Avenue"cross Street"through the sub-division • Remove the Roatan Way "pass through" • Join Bon Accord&Kensington at the"top" of the "new" sub-division. This would ensure access/egress to the sub-dzvision frotn BOTH ends in the event of a"blocicage" on Kensington. 138 1515 Loch Lomond Road—Re-Zoning Application Coacerns: A bit more chailenging to explain as there are no street names. • No "green"space designated on the plan s Cannecting road to Norman Drive will"feed"traffic from about '/z (55) of tt►e proposed homes to Norman and then onto Ganong Road (given the significant topograghical differences, this will be an extremely expensive road. • Sewer/Storm Sewer--if they connect thtough Norman/Ganong, given the higher elevation of the properties, my home (and all of Ganong/Norman) are at risk£or all sorts of water issues • Over %of the sub-division could be"isolated" from emergency access/egress if there is any road hlockage part way into the area(see attached maps) • Signifcant additional traffic will be diverted to Norman Drive/Ganong Road(decrease in property values) Suggestions: • Add green space Co this subdivision • Add an access/egress"link" from Bing to the new sub-division • Adding this would eliminate the need for the Norman Drive"link" at considerably more cast. • By adding�his Bing/top of 151 S Loch Lomond access, families/schooi buses would have a link to the school that avoids Loch Lomond Road therefore increasing the safety factor for the children. 139 Summary: Given the two "new" subdivisions, one on each side of the one I am in,their current pians will have signifcant negative impact on Ganong Road &Norman Drive if they proceed as per their proposals. Both streets (Norman &Ganong)wifl see exponential increases in the volumes of irafftc which will have a significant impact by decreasing our property values. Both streets(Norman &Ganong) MAY have considerable risk to flooding and sewer back-up depending on the plan for the routing of the waste water. (This detai[was not in the information I received). Loch Lomond Road will see the vehicles from approximately 186 homes(and probably 250 to 300 vehicies)try to enter Loch Lomond Road within a 400 meter part of Loch Lomond Road. Loch Lomond Road, by everyone's observations, is well beyond its designed capacity. Without addressing this matter in an appropriate manner, and by adding significant traffic volumes trying to enter/leave the street�vithin a 4�0 meter area will increase risks to accidents and injuries (plus vehicle damage). One additional consideration is the fact that the areas "above" (see picture 2 attached) the proposed subdivisions, as well as"above" the Ganong/Folkins subdivisions is aIso a potentially"large"sub-division that MAY also"feed" into Norman/Ganong further increasing traffic in the area resultinb in a further diminishment of property values and significant increase is all related risks to accidents and injuries. You will also note that in the traffic study competed in 2010 reference is made to bike lanes on Loch Lomond Road. There are currently none there and their addition would create further problems with significant risk to life & limb, even with current conditions. Filling in the vacant land is a good thing, but proper plannittg is paramount in protecting property vaiues in the area, and reducing/elizninating risk to life & limb must be a priority. I have attached three (3) drawings that show 1) cunent state, 2} proposed subdivision plans, 3) an alternative plan. The alternate plan is one that would serve the new sub-divisions very welI and provide "protection" to the current sub- division. 140 The "alternate plan" would allow two (2) access/egress roukes to all the areas to help protect life& property as we31 as minimize the impact an the current neighborhoods. It would also allow for a safe altemate route away from Loch Lomond Road for children & buses to access Lakewood Heights School. I would liice an opportunity to further explain my concerns/suggestions as sometimes "pen to paper" may not fuily express the all the concerns. If you require clarification on any of the matters, please contact me. �� David Fischer 31 Ganong Road Saint John NB E2J 4L8 141 . , .' 'J • - ' � o • � t .'..+ ��' . ' . .� i V . , � - �;��; �,�= - .-_ �� - ' �� ' • • • � � , " � ' • • .+ � �;,,w�� . �'.7:" �- :: � '� � � ' - � .- �1. •�� • .i ^ M �1 ��: t f`1 � . 1 �r • J y' .ii' . w ' -� `�.�= 'i. + .` ��'; � ti � �r. ••'_ ' ' � � • ` �...Y _ �. I _ � .,«t� .Sf� !. 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' ` ..� Y^��,- �� `r' - - -- - - ' -- � .� r� •' I!� : ' . . - _ ' r T ��'- � • ! • • ^��' , "{�� , ��•� � � '�,aqG r' - - «� � �, 1{� •a� �� (. �;.� a ' •♦ a '�y+. �i � � .♦' _ � f.�. ( .r- ��'�.. - . 1 •-"�'� r.+. � '�� ,i � — 1 . .. _ ` _ .:Mlr' - - � ��Ly. � ! ?ai., :� , s � . w � � � � : • ��' f - _tilC �� ♦ • H''•: � K �.� � / ' Y �� _ta.`i="�' f' �.p� - ��,��'y ' _ -+1�'��' �' , � � ''• 'i 4j�i"'<• �-7l4S.-� � , �� :�,� � - • • . • 1'?-:�.i��. ''•5. �-�`~ <- � —_ 3-�;�; 'Y� �,, � . .... �:,.. - .. - • .j� .�._ _,``� - n !_ - . •� _ - - - . .. • _ - � � 1 Reade, Mark From: External- Planning Sent: June 15, 2011 11:26 AM To: Reade, Mark SubJect: FW: Proposed Rezoning ...a) 1429 Lach Lomond Road, b) 1515 Loch Lomond Road Lynda Lockha�t Planning and Develapment/Urbanisme et D�veloppement The City of Saint ]ohn T: (506) 658-2835 F: (506) 658-2837 P Think before you print -----Original. Message----- From: Murphy, Margaret Veronica Ce [mailto:murphy@unb.ca] Sent: Wednesday, 7une 15, 2011 11:10 AM To: External - Planning Subject: Proposed Rezoning . . .a) 1429 Loch Lomond Road, b) 1515 toch Lomond Road a) Re variances for lots 7A and 6A, we have no objection. Overall,the existing plan is acceptable, but would prefer elimination ot Charmaine Crescent thus becoming a continuation of Kensington Drive straight through to loch Lomond Road. The abi].i.ty of traffic to route from Kensington to Old Lake Trail (Folkins Subdivision)in two areas or Inverness Avenue (Ban Accord Subdivision), would ensure more than one exit - entrance, fihus eliminate the need to join to Norman Drive. This would elimina#e two or three lots,hawever,we believe each subdivision should have a�ts own exit - entrance to Loch Lomond Road. b) This proposal is the one that causes concern. For sometime we have been aware fihat the 'farmer's field'would eventually be developed. However, we did not envision the routing of tr^affic from the new subdivision through Ganong subdivision via Norman Drive and Ganong Road to Loch tomond, The proposed street plan is confi.gured in such a way as to encourage traffic from lakefront lots, and those directly opposte backing onto Pauline Street,(basically top half of the subdivision to exit through Ganong Subdivision to Loch Lomond Road. There is a significant grade level difference to join Norman Drive to the new subdivision. We would submit a specific recommendation, that being having another entrance - exit to the new subdivision through Bing Avenue {street beyond Cornell not shown on map). This site is at grade level and should provide a additional entrance - exit in case of emergencies. Currently there i.s nothing for those lots beyond the turn where 11-22 and 11-58 are located. With any new subdivision it is assumed that there wi.].1. be many young families. A connection through Bing would be benefa.cial for children to travel to Lakewood School and playground with no need to exit to Loch Lomond Road. Currently I know of no flooding problems for homes on Ganong Road. However, the new subdivision appears to be at a higher grade. With elimination of the natural landscape we woul.d not like to see runoff to fihis area. As well, presume sewage for new subdivisi.on wi.1Z link directly to Loch Lomond Road and not hook onto Ganong subdivision. 1 145 il ' � � This was the case previously, u�velopers Ganong and Folkins had t� ensure they each �oined at Loch Lomond Road. Sincerely, Clint & Margaret Murphy 35 Ganong Road 2 146 � '�I I Reade, Mark From: External- Planning Sent: June 20, 2011 4:28 PM Ta= Reade, Mark Subject: FW: Re-Zoning o ��'ch Lomond Rd Attachments: Re Zoning Along Ganon . df Lynda�ock�i.art Pianning and Devefopment/Urbanisme et D�veloppement The City of Saint John T: (506) 658-2835 F: (506) 658-2837 '�Think before you print From: Trudy Hanley [mailto:hanley@dfsarch.wm] Sent: Monday, June 20, 201i 3:56 PM To; External - Planning Subjett: Re-Zoning of 1515 Loch Lomond Rd Please find attached letter concerning Re-Zoning of above property Trudy Hanley DFS Inc, architecture&design Since 1904—a cenfury of excellence Tel: (506) 634-8377 Ext. 446 Fax: (506) 632-1741 hanle dfsarch.com www.dfsarch.com 1 147 , . i � Concemed Citizen Regarding ReZoning of 9515 and 1429 Loch Lomond Rd. 1 have few concerns with regards to the proposed re�zoning of 1515 and 1429 Loch Lomond Rd. from `RS-2"to"R-2" 7his might not be such an issue if the developers was not trying to get by with the minimum zoning standards and lot sizing. The city has an opportunity here to create a nice upscale family neighbourhood by continuing the design and property sizes set out along Old Lake Trail, Ganong and even. I am sure that one of the main reasons most of the families bought into this area was the fact that people where not stacked in fike sardines. You have the opportunity to build a nicer home similar to what you can build outside of the city but within city limits. If the city continues to allow over development and minimum standards you are inevitably going to drive people outside of the city where they know their property values are being protected. 1 am proposing allowing for Re-Zoning based on "R-1A°, which only allows for one family dwelling and a min. lot width of 21 m. This allows for a larger lot size and maintains the same home and lot size cuRently established in these adjacent neighborhoods. These new development come in through the Ganong Rd. neighborhood and maintaining that neighborhood as a minimum standard should be primary over the developers ideas. The other concern that I have is that the city has already aflowed developments to start in the Lakewood heights area, that are not progressing. These areas have been clear cut for the intention of putting up new homes, however, no one is moving in. This should indicate that maybe the residence are not looking for show box- cookie cutter neighborhoods, but residential areas that show individuality and pride of ownership and the opportunity to build a nice home. There is also an area along heather way which has been clear cut and left as an eye sore. This area cannot sustain such a high volume of overcrowding. Lakewood Heights School is already filled to capacity. The water pressure in some areas has already been reduced and now is going to have ta supplement additional homes and Loch Lomond Rd. is not equipped to handle the excess volume of traffic. I realize the city wants to expand within its limits but letting this development continue as the developer has planned is only going to devalue the homes currently existing across the lake as well as in Lakewood Heights and Bonaccord. This proposed development, I am sure could go on, but at a reduced volume and not allowing semi-detached homes. I also feel khe developer should provide same elevations of these proposed single family and semi-detached homes at the meeting ta provide the public a better understanding of what his intentions are so that we can all make informed decisions and understand the consequences of these decisions. Expansion is a good thing, but do it the right way. Do not allow developers to do what they want based on monetary gain. Respect your neighbour and help build a better community not tea�it down. Suggestions: Should this devefopment continue with no regard to existing property value and standards, please consider increasing minimum property size and usage to suit "R-1A". Do not allow for the connection of the developments through Ganong Rd. /Norman or old ialce t►ail, and ensure al[ properties along the lake must leave a buffer of treed space to protect adjacent property values and lake front values. This is the least you can do consicfering it is you as city planning and advisory committees to protect and maintain proper urban and city development and to keep the city growing in a good way by not allowing the devaluation of the areas for which you are trying to expand. 148 7 � a �� --' '�� -' City of Saint John INTERNAL INSERTIUN URDER For City of Seint John use only: Bud et Number: 110 0801 442 2010 De artment: Common Clerk's Office Accoant#71206 Contact: Elizabefh Gormle Phone: 506 658-2862 Fax: 50 674-4214 Special Tnstructions (if any): 2797 Loch Lomond Road Public Hearing Refereace: Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City InCormation Ad Date(s): Tuesday,June 7`",201] And Tuesday,June 28'",201 I "SJTJ lndependent Placement Date(s): "SJTJ Classifieds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Secdon Headline: ❑ General Notice � Tender ❑ Proposal � Public Notice Sub-Headline if a licable : Text: INSERT ATTACHED Call to Action: Elizabeth Gormley, Common Clerk/Greffiere communale Contact: Telephone: (506) 658-2862 149 PROPOSED ZONiNG BY-LAW PROJET DE MODIFICATION DE L'ARRETE AMENDMENT SUR LE ZONAGE RE: 2797 LOCH LOMOND ROAD OBJET: 2797, CHEMIN LOCH LOMOND Aublic Notice is hereby given that the Common Par les presentes, un avis public est donne par Council of The City of Saint John intends to lequel le conseil communal de The City of Saint consider amending The City of Saint John Zonin� John indique son intention d'etudier la modification By-law at its regular meeting ta be held in the suivante a f'arrete sur le zonage de The City of Cauncil Cl�amber on Monday. July 4. 2011 at 7:00 Saint John, lors de la reunion ordinaire qui se p.m., by: tiendra dans la salle du conseil le lundi 4 juiUet 2Ullal9h : Rezoning a parcel of land having an area of Rezonage d'une parcelle de [errain d'une superficie approximately 48 hectares, located at 2797 Loch d'enviran 48 hectares, situee au 2797, chemin Lach Lomond Road, also identitied as beii�g a portion of Lomo�id, et eta��t aussi une partie du NID PID No. 0032b223, from "RS-l" One and Two 00326223, de zooe residentielie de banlieue — Family Suburban Residential to "RR" One habitations unifamiliales et bifamiliales «RS-1» Family Rural Residential, as illustrated below. a zone residentielle rurale — habitations unifamiliales «RR», comme le montre la carte ci- dessous. [INSERT MAP] [INSERER LA CARTE] REASON FOR CHANGE: RAISON DE LA MODIFICATION: To pennit tl�e deve[opinent of a rural residential Pennerire I'amenagement d'une subdivisiqn subdivisioii of approximately 69 lots. residentiel{e rurale d'environ 69 lots. The proposed amendment may be inspected by any Toute personne interessee peut examiner le projet interested persan at the office af the Common de modification au bureau de la greffiere Clerk, or in the office oF Planning and cammunale ou au bureau de I'urbanisme et du Development, City Hall, ]5 Marhet Square, Saint developpement a I'hotel de ville situe au ]5, John, N.B. between the l�ours of 8:30 a.m. and 4:30 Market Square, a Saint John, au Nouveau- p.m., Monday throu�h Friday, incliisive, holidays Brunswick., entre 8 h 30 et 16 h 30 du lundi au excepted. vendredi, sauf les jours feries. Written objections to the amendment may be sent Veuiliez faire part de vas objections au projet de to the undersigned at Ciry Hall. modification par ecrit a 1'attention du soussi�n� a 1'hotel de ville. If you require French services for a Comman Si vous exigez des services fran�ais pour une Council meeting, please contact the office of the reunian de Conseif Communal, s'il vous plait Common Clerk. contacter le bureau de la greffiere communale. Elizabeth Gormley, Common Clerk Elizabeth Gormiey, Greffiere communale 658-28b2 658-2862 150 � , i � , ` ,. . , `� N ' ` �� -_ , - _ _ - _ _ � , � �� ` � � �. , � �� , � � � � , , , �.� ��, � ,� �,� ; , � � . �, . , , � .� � -- ' . . ` , �� V �� . � � � . I � =�� y - � I \ � � \ _� �� t _ '. � / � � � \; � - ` _ l"" � �r� i ' � _ � ` �' � , � � �� / _ � �/ t ( \� � , �' / / / ' �. • �� \ � � . \ � / � \ ' , , ' � >- � \ �. . ` , �\ � , �, . �y= �\ � � � , '�- < ` � - ,i � . � �� , - , � . , G � � � . � i . , ' �,� ` � , � � � � o '' ' .- �� ° '�� / y � � \ , � '� `. / , .\ \ �� \ � � �� , \ ' �`, � \ \ � /� � � ' . i � � .� � , � I� � � ,/�' � . . , � �� / \� . i � ;� � � �`� /� � . � �';� � /� , / . � . i / � � � �� / � < •� � � /� ��1�` � � � � �� .- � �� / � / � � \/�,/ ` \,� � � .. � ✓ �� / �� . � �,, � . .�. i� , ,, � _ �� . � � �� .� .� i � � � � -� , � � ,� , \' ; `' ' � � � \ / / `l � . � i ,� � � � �X� � � � j � �/�V �� , - . � � � '� � �� , V �5�1�� / �� \ ` i' BY-LAW NUMBER C.P. 110- ARRETE N° C.P. 110- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saint Lors d'une ceunion du conseil ,Tohn 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 le zonage de The City Saint.Iohn enacted on the nineteenth day of of Saint .fohn, decrete le dia-neuf (19} December, A.D. 2005, is amended by: decembre 2005, est moditie par : 1 Amending Schedule "A", the 1 La modification de 1'annete «A», Zoning Map of The City of Saint .1ohn, by Plan de zonage de The City of Saint John, re-zoning a parcel of land having an area of permettant de modifier la designation pour approximately 48 hectares, located at 2797 �me parcelle de terrain d'une superficie Loch Lomond Road, also identified as d'environ 48 hectares, situee au 2797, being a portion of PID No. 00326223, from chemin Loch Lomond, et etant aussi une "RS-1" One and Two Family Suburban partie dtt NID 00326223, de zone Residential to "RR" One Family Rural residentielle de banlieue — habitations Residential unifamiliales et bifamiiiales <<RS-l>> a zone residentielle rurale — habitations unifamiliales «RR» - afl as shown on the plan attached hereto -toutes les modifications sont indiquees sur and forming part of this by-la��. le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City ofi EN FOI DE QUOI, The City of Saint John Saint Jolui has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affiYed present arrete fe 201 1, to this by-law the * day of *, A.D. 201 1 avec les signatures suivantes : and signed by: Mayor/Maire Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading- Deuxieme lecture - Third Reading - Troisieme lecture - 152 • ' • • • i ' ' � 0 • � .r,.� e '�j o .i PUBLIC NOTICE AVIS PUBLIC . , � � � � � � � , , # � � � � Public Nolice is hereby gi�cn Ihat the Common Par les presentes,un avis public�sl donne par lequel Council of The City of 3aint lohn int�nds lo le conseil cammunal de The City of Saint John cnnsider amending The Ci�y of Sainl John Zoning indique son inlention d'e�udier la modification B}'-law al its regul�r mee�ing to 6e held in lhc Council suivante a I'arre�e sur le zonage de The Cily of Sain� Chamber on Rlonday,July 4.2011 at 7:00 pm.,by: John,lors de la reunion ordinaire qui se tiendra dans la salle du cons�il le limdi 4 jui0et 20ll a 19 h: Rezoning a parcel nf land having an arca of Reznnage d'une par�elle de�errain d'une superficie appmximalely A8 heclares, located at 2797 Loch d'envimn 48 heclares, situee au 2797, chemm Lomond Road, a{so idenli6ed as being a }wrlion Lceh Lomond, et z�ant aussi une partic du Nlb of PID No.003�6223.from°RS-I"One and Txo 0(}326223, de zone residentielle de banlieue Famil� Subivban Residentiel to "RR" One FamilF habilalions uniCamiliales et bifamiliales uRS-h� i Rural Residenlial,as iUuslraled below. zone r@sidentielle mrale—habitalions unifamiliales a RR»,comme le manlre la eane ci•dessous. REASOI�FOR CHANGE: RAISON DE LA To permii lhe deselopmenl " �Re• MODIF1CATi0N: of a rural residential � �r.w��`t°' Pcrmzltre l'amenag�ment d'une subditiision of approximalely subdi�ision residentielle rurale b9 fo�s. d'emiron b9 lols. �,a• The proposed am�ndmenl ".. o�a Toule personne inler�ssee peut may be inspzcted by any � �o`� cxaniinerleprojetd�modificatiun inrereslzd�rson at Ihe o�ice � au bureau du greiFier communal of the Common Clerk,or in � ��' ou au bureau de]'urbanisme et Ihe olTice of Planning and ' du de��eloppement a I'holel dc De�elopment, City Hall. IS cillc situe au I5,Market Squarc. Marke�Square,Sainl John,'�.B,between�he hours a 5aint John,au Noutieau-Brunsw�ick.,enlre S h 3D of 8:30 a.m.and 4:30 p,m.,Munday through Friday, et 16 h 3fl du lundi au�•endredi,sauf les jours feri�s, inclusi��.E�olida}s excepled. Wrillen objections to the amendmenl may be sent to Veuillez faire part de vos obj�lions au projct de Ihe undersigned at City Hall, modiliption par ccrit a 1'attention du soussibnc a Chbtel de ville. � lf you require French senices for a Common Si ti�ous cxiecz des services fran�ais pour un�r�union Council meeting, please eontacl lhe olTice of tE�e de Conseil Communal, s'il ��ous plait conlacter le Common C'Ierk, bureau de la grelFiere communale. Elizabeth Gormley,Common C{erk Elizabe�h Gormley,Gre�iere communalc b5B-286? 658-2862 ,�� ' 1 � ' � i � � � 153 M . __.._ .._...-. -._.. . __._T .__ --.-,.-_ _ .. . -.. .. _.-- _ -.�_- . . . . ._.._ - _ ..'._"-_r' - a Simp Develo ment L�d. 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Box 1971 506 658-2800 Advisory Committee Saint John New Brunswick Canada E2L 4L1 June 22, 2011 � A o �p , '� .�,�. Your Worship and Councillors: °`°°'°�.,, ��-��w"• � City oF SainC John SUBJECT: Proposed Rezoning-2797 Loch Lomond Road On June 6, 2011 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 21, 2011 meeting. Mr. Joe Mallette, the applicant, along with Ms. Penny Forward and Mr. Gerry Roberts attended the meeting. Mr. Mallette advised that he was in agreement with the staff recommendation. Ms. Forward read a letter into the record outlining the investment made by the developer to date in the proposed subdivision. Mr. Mallette also responded to questions from Committee members regarding the process of notifying purchasers about water quality and quantity issues, phasing of the development, and Lands for Public Purposes. No other persons spoke in favour of or in opposition to the application. One letter was received expressing concerns wi�th and opposition to the proposed development. (copy attached) Following consideration of the report, presentations and letter, the Committee adopted the staff recommendation. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of� approximately 48 hectares, located at 2797 Loch Lomond Road, also identified as being a portion of PID No. 00326223, from "RS-1" One and Two Family Suburban Residential to "RR" One Family Rural Residential. 2. That, pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of the parcel of land with an area of approxima#ely 48 hectares, located at 2797 Loch Lomond Road, also identified as being a portion of PTD No. OQ326223, be subject to the following conditions: 155 -z- a) that the developer notify buyers in writing of potential groundwater quality and quantity concerns. Respect�fully submitted, � Colin urray Chairman MR Project No. 11-136 156 � rhe acy oe sa�nt John DATE; JLTNE 17, 2011 T�: PLANNING ADVISORY COMMITTEE FROM: COMNiUNITY PLANNING • PLANNING AND DEVELOPMENT FQR: MEETING OF JUNE 21, 2011 PREPARED BY: REVIEWED BY: %��,�f `�Z� Mark Reade, P. Eng., MCIP, RPP Ken Forrest, MCIP, RPP Senior Planner Commissioner SUBJECT: Name of Applicant: A.J, Mallette & Sons (1985) Ltd. Nam�e of Owner: A.J. Mallette & Sons (1985) Ltd. Location: 2797 Loch Lomond Road PID: Portion of 00326223 Municipal Plan: Unserviced Residential Zoning: Existing: "RS-1" One and Two Family Suburban Residential Proposed: "RR" One Family Rural Residential Proposal: To develop a rural residential subdivision having approximately 69 lots. Type of Application: Rezoning fr � SAINT JOHN P.O.Box 1971 Saint John,NB Canada E2L 4L1 I wwwsainyohn,ca I C.P.1971 Saint John,N:B.Canada E2L 4L1 ---�� 157 A.J.Mallette& Sons(1485)Ltd. Page 2 2797 Loch Lomond Road June 17,2011 NRISDICTION OF COMMITTEE: The Communiry 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 Coznmon Conncil at a Public Hearing on Monday, July 4,201].. STAFF RECONiMENDATION TO COMMITTEE: 1. That Common Council rezone a pazcel of land having an azea of approximately 48 hectares, located at 2797 Loch Lomond Road, also identified as being a portion of PID No. 00326223, from "RS-1" One and 1�vo Family Suburban Residential to "RR" One Family Rural Residential. 2. That, pursuant to the provisions of Section 39 of the Community PlanningAct, the proposed development of the parcel of land with an azea of approximately 48 hectares, located at 2797 Loch Lomond Road, also identified as being a portion of PID No. 0032b223,be subject to the following conditions: a} that the developer notify buyers in writing of potential groundwater quality and quaritity concerns. BACKGROUND: On August 27, 2007 Common Council gave first and second reading to a proposed rezoning of the subject site for an unserviced subdivision with 89 lots on an intemal street system. Third reading was withheld pending the completion of a Comprehensive Water Supply Source Assessment. This assessment was completed in July of 2008; however, the maximum six month period between public notice and third reading had expired so the applicant was obliged to re-apply for the proposed rezoning and subdivision. On February 12, 2007 Common Council assented to one or more subdivision plans for the initial 15 lots of the Bally Desmond Subdivision along Hillcrest Road, and to any requued municipal services or public utility easements. Council also assented to a Land for Public Purposes dedication of approximately S,SOQ square metres of land and authorized the preparation and execution of a City/Developer Subdivision Agreement(s)to ensure provision of the required work, including detailed drainage plans for the approval of the Chief City Engineer. A11 of these 151ots have received Final Subdivision Approval. On September 9, 2008 the Committee considered a new application to create an unserviced subdivision with 891ots on an internal street system. Given the concerns with water quality and quantity noted in the Comprehensive Water Supply Source Assessment, and the limited number of test wells, the Committee agreed with the sEaff recommendation and recoznmended that the rezoning and subdivision be derued. The application was withdrawn prior to consideration by Common Council. 158 A.J.Mallette & Sons(1985)Ltd. Page 3 2797 Loch Lomond Road June 17,2011 The applica.nt reapplied in late-2008, proposing a first phase of development consisting of 201ots. At its meeting of December 16, 2008 the Planning Advisory Committee recommended that Council approve the rezoning and assent to the proposed 20-lot zural residential subdivision. Common Council held the public hearing and gave fizst and second reading for the proposed rezoning on December 22, 20U8. Tlurd reading was given and Section 39 conditions were imposed on the rezoning on January 5, 2009. In addition to the rezoning, Council also considered the proposed subdivision at its meeting of December 22, 2009 and assented to the proposed Land for Public Purposes dedication and the preparation of a City/Developer Subdivision Agreement. Assent to the municipal services and pubiic utility easements were given by Cornmon Council at its meeting of February 1, 2010. To date 17 of the 201ots have received Final Subdivision Approval. INPUT FROM OTHER SOURCES: Mnnicipal Operations and Engineering has the following comments on the proposed rezoning: • There are no municipal services in this area. � Detailed engineering {drainage and street} plans must be provided to the City by the developer's engineering consultant for review and approval. • The proposal shows a dead-ended street adjacent to Lots 55 and 56 and adjacent to Simpco Development Ltd. A properly designed and constructed permanent turmazound is required. • A previous subdivision proposal mentioned a pedestrian connection; however this proposed plan does not include any connection. � The developer's engineering consultant must provide to the City for review and approval, a detailed stormwater and site drainage plan and design brief. • All street design geometry must meet all applicable street design guidelines, City Specifications and by-laws. • The future street segments between Lots 5-6 from Meredith Avenue to Jadvo Street must be designed and fully constructed during this phase. • It appears as though the proposed LPP dedication has Grahams Brook running through the site. It may not be practical to set aside LPP with a brook through the lot. • Melissa Lane must be designed and constructed to Hillcrest Road as part of this p}�ase and as shown on the Tentative Plan. • Mattro Street must be designed and constructed to the existing Mattro Street as part of this phase and as shown on the Tentative Plan. • The existing dead-end of Greenhill Road, which is intended to provide access to this development, must be brought up to the same standard as the proposed subdivision streets. Buildings and Inspection Services has no concerns at this time with the proposal. Saint John Fire Department has reviewed the proposal as it relates to the above-mentioned application. The Fire Department has no objection as Iong as Fize apparatus access is maintained to the 159 A.J. Mallette& Sons(1985}Ltd. Page 4 2797 Loch Lomond Road June 17,2011 front of the buildings and driveway sides, Any and all changes must be in accordance with the Building Permit and the applicable sections of the National Building Code and National Fire Code. Saint John Transit provides service along Loch Lomond Road. The proposed subdivision design does not allow for a direct route through the middle of the subdivision, so the service would remain on Loch Lomond Road. It is suggested that a Pazk and Ride lot on Loch Lomond Road in close proximity to this area might provide an opportunity to remove tr�c from Loch Lomond Road. Leisure Services has been advised of the application. Real Estate Services has no concerns at this time with the proposal. N.B. Department of Environment has been advised of the application. School District 8 has been advised of the application. Saint John Energy has been advised of the application. Bell Aliant advises the developer would be required to follow Bell Aliant's line extension policy if applicable. Rogers has been advised of the application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have been advised of the application. Maritimes &Northeast Pipeline and Brunswick Pipeline advise the area is clear of their facilities. ANALYSIS: Subject Site and Surronnding Area The subject site is located in East Saint John along Loch Lomond Road, east of the Hillcres�Heights Subdivision. The undeveloped 50 hectare property has rolling topography and mature forest cover, with a small valley and stream in the northwest corner of the property. The surrounding area contains a range of large, forested pazcels of land, single-family rural development and newer, unserviced nual residential subdivisions. Surrounding zoning in the area is lazgely "RR" One Family Rural Residential and "RS-1" One and Two Famiiy Suburban Residential. Proposed Development The applicant is proposi�ng to develop the remaining phases of an unserviced subdivision, creating approximately 691ots on both extensions to existing Public Streets and new Public Streets. A 4.9 hectare parcel of Land for Public Purposes is proposed in the northeastern portion of the site adjacent to past dedications obtained by the City along Graham's Brook. 160 A.J.Mallette& Sons(1985)Ltd. Page 5 2797 Loch Lomond Road June 17, 2011 The applicant is only seeking a rezoning at this time and not subdivision approval. Approval of the subdivision will be considered a� a later date in accordance with the regulations in place at the time of application. Municipal Plan Direction The Municipal Plan has designated this area of the City as Unserviced Residential, and considers it appropria#e for larger residential lots with on-site services. The Plan classifies rural residential subdivisions as planned, low-density, non-farm residential subdivisions that are physically separated from existing buiit-np areas. It is intended that the value of nnal living will compensate for any inconvenience associated with the lack of urban services. With respect to the staging areas for development outlined zn the Municipal Plan,the development is outside of the Stage 1 and Stage 2 azeas that are anticipated to be fully serviced and is instead within the Rural Area outlined on Schedule 9-A of the Municipal Plan. Policy 2.4.4.13 outlines criteria related to the design of Rural Residential subdivisions and requires that zural residential subdivisions have no fewer than 201ots arranged in a cluster(or in a traditional subdivision layout) and fronting primarily on an internal local street system which has reasonable but limited access onto the City street system via an adjacent arterial or collector public street. Individual lots in a rural residential subdivision must have independent septic and well systems acceptable to the responsible Provincial Departments as well as the City, and in#ernal roads must be developed to a country standazd as set out by the Subdivision By-law. The Plan also requires that these subdivisions be implemented, in part, by rezoning to the "RR" One Family Rural Residential zone and that Land for Public Purposes equal to 10 percent of the development and generally suitable for active recreation purposes be gzanted to the City in conjunction with the subdivision developznent. Density of the various residential azeas and the overall net residential densify of the development is within the maximum established in the Municipal Plan. The area of proposed lots totals 37 hectares which yields a net density of 1.9 units per hectare, which is below the 38 units pez hectaze maximum established in the Plan for low densiry azeas. The proposed development is consistent with the provisions of the existing Municipal Plan. Growth Strafegy The subject property is outside of the Primary Development Area boundary established in the Growth Strategy, and within an area that is designated as an Area of Stability or Minor Change - Suburban. Within Areas of Stability or Minor Change, residential neighbourhoods will be encouraged to evolve naturally through minor infill development that keeps with the existing neighbourhood chazacter and scale. . While one of the overall directions of the Growth Strategy and new MunicipaI Plan will be the limitation of rural ribbon development and rural sprawl, Staff note that based on discussions with the developer, this project was started in 2007 and 2008 prior to the development of Plan SJ. The application was filed 161 A.J.Mallette& Sons (1985)Ltd. Page 6 2797 Loch Lomond Road June 17,2011 on March 9, 2011 prior to the adoption of the Growth Strategy by Common Council on March 14, 2011. Through discussions with the applicant it has also been noted that the overall design of the project and initial phases of the project constructed to date have involved consideration of issues such as the overall drainage for the development which has resulted in investments that have been made in good faith presuming that the overall project will be completed. T'he developer has provided a ietter dated June 8, 2011 (which is attached) outlining the wozk that has been completed, prior to the adoption of the Growth Strategy, in support of fihe overall development. While the proposed development is clearly not a form of development that is intended in the Growth Strategy, Staff are of the opinion that it is important that the City employ fairness with developers who have made investrnents in developing property and who have proj ects that are progressing towards completion wikh completed development pbases. For new projects, staff would likely not have a similaz opinion. Staff are therefore af the opinion approval of this application is appropriate. Zoning By-law Plans submitted with the application illustrate the proposed creation of 691ots, each meeting or exceeding the proposed "RR" One Family Rural Residential requirements for a minimum lot area of 5,000 square metres, minimum lot width of 60 metres and minimum lot depth of 40 metres. This will further be evaluated when a subdivision application is submitted, CONCLUSION: Rezoning of the lands is supported with recornmended Section 39 conditions relating to notification of homeowners regazding potentiai water quality and quantity concems. Approval of the subdivision plan will be considered by the Committee at a later date upon completion of the amendments to the Subdivision By-law. MR Project No. 1 I-136 162 PLANNING AND DEVELOPMENT/URBANISME ET DEVELOPPEMENT - 0'l � l/� 1 � � � " _ � k � ��T . � • �r.�y�'ti - r''4'4*5 5�y��— -I� I , �� 5 .� . � �,� �,.. • ��: �- .-�'�,� � •�.,�\ - "� ti �s. ,. �-�-•`�°�'I., — jz�,_ • . �.��'��j . - _ " � titi ' ;,,�"�`�r ?--`�y- t '� 'titi�'', '�iA��'� • • i � �� .F'}'a5-'r``"' -Lr„ - — 5 . ' t� .� 3 ..ti• _ a �1, �, �-� y fY •.fY�,': � } -�l't. f$''�; -'�. i f�� ' �� ti t � - � � �, � r�� . 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Mer diEh AvenuB, 'i � ` ,a H, � f "' � �. /" \ Il!' ; ':`":ti.. '�'7�-' �. r�� 'iS�'� u . ^aT" ' - a� ' . '. `�� / �'�}�l��, i 1 z;' `p;:, � i s� , � , � '. � �. '� . � §' � ' : ' ' - , � �° . . � � • / `.y 1'�' . . �\ i •, i w�0-: / _ � . ,�� ,1�. �yt M`a�r:p,'., `k�..` R � 1 16'. � 4 , •. � , , �,.5 � q , . _ �� 704 `� �i'��11:��'��.� ` '�•�'u. ! 30 � `.�an.3.a� .!mo�m A+fuj.�.R ^`��SR ;�mo ra�..'ema8.,�w. �iao04�sa�' a�n�i � �smorw. soaa�r.a Nu��e '��ti..r � . �nw��r ,t.' �-}`I� c;� w°°.,° \ r -� 4 Phase Two � ' � - ' � ��-� �. � j `k I� xu ��i�l�.,l� �) �� ! �ia �� ty .. I � ' � � i i ti�il' ` ;';' � `` �_- HiOcres� hleights ubdrviSi ; ` � � ';' � ' i' � ; � ' - ' ��''. :4'.;,;' � � 'tit�..,�, rii;� . ; � " y . � . f .�,��„i�: — - �� • ' '� � i �4,ii`ti �u1,�1 I' w w uv. .0� tr s�� w.0 � � . . . .� +�' .,� " l' �' ,.;, �'� 1 a: ' �JqvT Conat�ucUon ttd. ��I " Gty of Soinl.wpn�!� ��+�^'�'�^ua� u� - , . , � ' . . �� W•�\ , • l, - a oi.a .9 VI�i:, ; a.c.w-� . . . ' . . , 1 .- "� ' Sr Tiw%r N.w s} I4 �••"� rw�n.v+w. � �� ' Jodw Sh�d '�• . � - '9 onaa . � Ij:I.�.' i . . � ' J . . .�'-" �` . . � ` b _ , , ��Ii . . 1 Ili�.' I� u�71��Ir.�SlM'll� tM�Sl LI% �tl 7/�1..,' ; . � � , ` '' • � / }� _ _ ___ �'��W W S � � _ _— . . � . � . . ' • ` \ ' � � . ��\� ... � � ' - � � ' 164 . � .• ' -�� 1�� & D��.� � � a JU�( 0 9 2011 y June 8, 2Q11 � � ��'�F ,� SO To: Members of the Planning Advisory Committee SAY� Re: Bally Desmond Subdivision�-Phase 3 2797 Loch Lozuond Road Please accept this letter as additional background 'uiformat�on on Phase 1 &2 of the Bally Desmond Subdivi.sio�. In July 2007 an applicatiou was submitted to the City for the rezoni.ng of a parcel of land located at 2797 Loch Lomond Road from"RS-1" One and Two Family Suburban Residentiai to "RR"One Famiiy Rura.t Residential. This rezoning was supported by Common Council,however it was decided to withhold the third reading until a Comprehensive Watex Supply Assessment was zeceived. The Department of Env�ronment recommended that once�s is complete,�if the water supplies wexe adeqvate for the residential uses,that the approval would be granted foz the renaaini.ng Lots (see attached document dated Aug. 17/�007). Since this time—�vo Comprehensive Water Supply Assessmeats have been completed—one by the City and the other by the Developer. Tn July 2008 Fundy Engi.neering coanpleted the Comprehensive Water Supply Assessment at a cosi of$I5,000 to the Daveloper. The Developer was then required to dri115 test weIls at the City's request; this work was performed by Steeves Well Drilling at a cost of over$40,000. All � test wells have been approved by the Depar�aent of Environment. It was determined that the water supply was adequate £or the residential use. Since this time 5 additional wells have been drilled with new home development in the Bally Desmond Subdivision and all wells have tested fine. The Developer has promptly adhered to all other requests from the Ciiy i.e. Pavi.ng, Insurance, Ditch Drai.nage, etc. The Ba11y Desmond Subdirrision has been in"development" stage for the past 4 yeazs with nwnerous ofiher building lots being approved around this parcel of land. The Developer has spent in excess of$i 25,000 on Test Wells ($40,000), CWSA{$15,000), Ditch Drainage Assessment ($16,000), Sutveying($50,000}, initial Lawyer Fees ($20,000), etc. Although the Bally Desnaond Subdivision ma.y not line up with the recently approved "Growth Strategy"that the City has adopted, this application.originally began in 2007 wi.th Common Council's support once the CWSA was completed. The most recent application to proceed witb.the remain.ing 69 Lots was submitted and paid in full pxior to this new plan being adopted. 165 . ' ,` � � Tt can be seen that a significant atnount of fiime and funds have been invested. Had the subdivision not been delayed at Council's request for water testing,thi.s would have been passed before the newiy adopted"Growth Strategy" came into effect. Should you have any further questions feel free to contact me at 636-0211. Sincerel , ��/<�� Joe allette Developer—Bally Desrnond Subdivision 166 - . �� 1aa'�9atiette 2797 �.och Lom4nd R�oa�d P�gB r Auguqt 17,20�' pagsive zecac�tian ere�,a arid larger, .s�aare aentra� ar�n�s and mu�1i-purposz sports f�elds than fQr traditivz�!neighbOUa�hood pjavgi�ounds. Thc prc�s� I.a�d for �lic Fwc�+oses woul,i prnvidc just such a �#� � � wou+d �lsa prc,visle a r.ontinuatjsn ofthe Land for Public P�urposes previ�usl�r aecepted for the H71�rtst Hcighes sLbdi��isioa. 'Th.is laad,�ad thc land d�di.cated in t1��first phase af f�a dewzlo prdt�ci a sm�li s�n and tt�e]�nr!f�r P�blic Pur�roses dedication e�v�u�d eartend this�otec�tian an�d pvteutigi watking ar hiking fiails a1on�the valle�mr�t stream hed. �I�CLUSYON; As th� praposcd 89 Iat� in t�� second pha� �f tbe Baily Ltiesm�nc� Subdivisian ca� sati�fy th� requiremertts of� 7a�ing erut Subdivisio� By-Iaws a�td the It�luni�ipal pl�s, appravat �f t�us devela i pmcnt�a bc supporte�subjett to appmval�ft�,e individual l�s b t�e a�ea�chphase is a,pproved bythc U�vclopm�t officer, ,4 Comprehet�.si�W�r�r�5 pp A sess�ns study must be �ompleYed by the appticr.nt and �PP�� y thc Qep�ent of ths Envirozwnart befar�t�e prapased suf�ivision can bc � w �Pm�ed. r3etail ed sireet atad drainage plaris,snd a drain�ge st�y and �cs�vn.scream raview �ceptable tv the Ghicf Cit� �nginecr or his aesignat� are alsa z�uired grior to f�l �.pprovnl, �e �t►e�ted r�zoaing fio:r, "R5-i" One �nd TKro Fami.ly Suburban R�s�dernba,► ;a "RR" G�e Far�ily Rasral Rcsislentia� is requirad to facilitate t�a propase�develapment aa�d can l�c suPPort�d; ksowevec, it is r�omtn�ri.ci�� '�� C�rnm��, �ouncif �t.'��id t,h�ir� xb�,i.� �tiz � n �e � � ��v��e��=� �czt��S�s��l�.�Ass�ssrns�se is c��iu�d. The grapcs�d:.and for Fublic Pu�pQses would pra�z3e an extc�nsivn a�po±enti�,i walking trail�aion$ the �allev are�b�tweer� the HiUcrest Iieights atid D�mond subd�vi9�4n and would also presenc a 1arg��rea nat�ai betwecn the tw4 d��elopments. It is recammended that che�r�pa��dd ded',�atian be ac�ept�d. ---.—�,. $i{H Projc:��da.��7-294 167 FROM :Nuestis Electic Ltd. FAX N0. : Jun. 21 2011 5:S1AM P1 �� ,J n],�Ci � � C� t S o f=�-/ �m M�'�� c.t�'� � �IRp� ! �l"r U�r ?�� -dv4�-� � � �� 1,1l,nh��G, °r �xJ�-d(� mk ,� � �-a � „� � �7�7 .�� v �a � � �1 r� �� . ,' �d a S� /° � � �a3� � �� ea3 r�-- ��i 5 � �B� �"G� I� �f ��x �a �2�Zs� � t� °u�~ � � %�/ -� `.r 5� l �" ��— � / p � �f�� ,�5 �� —°,`�',`�� • /a/��+�� Lf � �� S , �� /�� ° �',�7 � S � ,� L� " � C � � d�� .z,`TS �� ° ,�G �� , a-� � 1 �� s ��,�. � �--, f ��P r �S -�� [.�o� � �-'a�� .g� `(�� X)o`�`� f� �` ,� m. � �1 � �:t/�,�-� � � � �� m c� �� `� � �� o� ��Y � , �F �� - , � s� su �� / �f�}(''' ��'� �.�f�c"a�� =�) / � �� 0 ,.3 � Vr G' _ �� m � � �� u�- �s`�r r ��L l � i�� ca �,vEV�L `�� % , � �� a,� � �� ,� ' �� N � � 2011 `� r �� a Mc�� o �., �U �, �. �o � ��' ��f� � � �� 168 �� / City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only; Bud et Number: 110 0801 442 2010 De artment: Common Cierk's Office Account# 71206 Contact: Elizabeth Gormle Phone: (506 658-2862 Fax: (506 674-4214 Special Instructions (if any): Reference: 1925 Ba,yside Drive Newspaper Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City Information Ad Date(s): Tuesday,June 7th,2011 Tuesday,Ju►ie 28th,2011 "SJTJ Independent Placement Date(s): "SJTJ Classifieds pate(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 a licable : Teat: INSERT ATTACHED Call to Action: Elizabeth Go��nle , Common Clerk/Greftiere communale Contact: TeIephone: (506) 658-2862 169 PROPOSED ZONING BY-LAW PROJET DE MODIFICATION DE L'ARRETE AMENDMENT SUR LE ZONAGE RE: 1925 BAYSIDE DRIVE OBJET: 1925,PROMENADE BAYSIDE Public Notice is hereby given that the Common Par les presentes, un avis public est donne par Council of The City of Saint John intends to lequel le conseil communal de The City of Saint consider amending The City of Saint John Zoning John indique son intention d'etudier la modification By-law at its regular meeting to be held in the suivante a 1'arrete sur le zonage de The City of Council Chamber on Monday, July 4, 2011 at 7:00 Saint John, lors de la reunion ordinaire qui se p.m.,by: tiendra dans la salle du conseil le lundi 4 juillet 2011 a 19 h : Rezoning a parcel of land having an area of Rezonage d'une parcelle de terrain d'une approximately 12.4 hectares, located at 1925 superficie d'environ 12,4 hectares, situee au 1925, Bayside Drive, also identified as being a part of promenade Bayside, et etant une partie du NID PID No. 55188353, from "RF" Rural to "PQ" 55188353, de zone rarale «RF» a zone de Pits and Quarries, as illustrated below. carrieres «PQ », comme le montre la carte ci- dessous. (INSERT MAP) (INSERER LA CARTE) REASON FOR CHANGE: RAISON DE LA MODIFICATION: To permit a gravel pit. Permettre 1'exploitation d'une carriere. The proposed amendment may be inspected by any Toute personne interessee peut examiner le projet interested person at the office of the Common de modification au bureau de la greffiere Clerk, or in the office of Planning and communale ou au bureau de 1'urbanisme et du Development, City Hall, 15 Market Square, Saint developpement a 1'hotel de ville situe au 15, John, N.B. between the hours of 8:30 a.m. and 4:30 Market Square, a Saint John, au Nouveau- p.m., Monday through Friday, inclusive, holidays Brunswick., entre 8 h 30 et 16 h 30 du lundi au excepted. 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 1'attention du soussigne a 1'hotel de ville. If you require French services for a Common Si vous exigez des services fran�ais pour une Council meeting, please contact the office of the reuiuon de Conseil Communal, s'il vous plait Common Clerk. contacter le bureau de la greffiere communale. Elizabeth Gormley, Common Clerk Elizabeth Gormley, Greffiere communale 658-2862 658-2862 170 / \� �'� \� \\� \�� \ �� r"--- ---. \ �i�'� •,"�� `� �'�� `;, � � ��/� �\ ". �`_ �` -, ` \' \\ . ` , �'�r-\- `�� \ � . �^ \ �\\ �\\ \ \�\� /I / �� i / / _ __ -- � � � � / � �� i �`,\, \ / ' .�� . � � � � / ��\ � �� \� / _ �\ � � �`�_. / /�j�� `,v � -_ . �v , . ✓ , `� \ \ ; �`�; .�� _ � �-�,. � ; `�� ♦ , � � ,�� ' � ��'� ` } ��_ , � _ . � � �� ,� � < �� . � r . . -.� '�� , `� \ ��; ' . � � �� \, -� . � �A , ��'.� i ;� ,l �, - - - - %_- _ � � ��. � . � ,��,� � ,� , ��, � � �- ---��, � � �� : �,� � . , ; .,, ,. , . j. \ ��, �� - � , , ��.�� _ � ✓ � \ / �, ; �;, _ �� .� �� '\ � �J ' � \ \ � �� \ �\ � \ \ � \ � \l .�� `,� �� `��\ �\ � \ \ •\� \ \`\ \� � \ /� \ � .�\ �\ � \ \ �� . .\ \. � \ \ �\ � ; \ ., ` ,\ ,� , �, �,� ;' `� � ,'� � � � ��. �� A, �, � � �, , , , \ �'ti ` \ ,\ ,,\\ \ �\ , . \\ \ \ \ , \ , ' �Y, �\\\ \ \ \ \\ �\` � \ _ - -- \ - - - - -_ _---- -- _.\� � �� ,� � � .� �_,� _ - _ -- .�e___p�s_____ __� __��- , �� , �, �,, _ . ,, , \ ,, _ - ,� _ � ___ _ _�y� - - � �,, ;, ` �� `� ---- ��•-- \ � � � `` ��,__ � �� ,\ -�_._ - � \ � �� \ � �'� � � �� , �� `,. i��. � � \�` �` � �\ \� \, � �. � � � �� . -� � ��, . � � � Y � ,.-- . �� - ':�.' ��. � � ` �� !�'� �%!� - Z �-.�; �-- ' �� . , `'� \ �` \ -'� `-_ , _ . �, ,�� -�. \ � � _.._, ,,_ � � �1_ �� `'� .� � '�, \�, �� `�` _ ;�,� �'. �'� � _, 171 May 25, 2011 Mr. Ken Forrest Director of Planning and Development City of Saint John 15 Market Square Saint John, N.B. E2L 4L1 Dear Mr. Forrest: On January 18, 2011 I had chosen to table my application for rezoning and variance as it relates to the use of PID 55188353 for the purposes of resource extraction. Since then 1 have met with adjacent landowners in an attempt to address City Staff's concerns. Unfortunately negotiations with both adjacent property owners did not yield the desired results.At this time I would like the City to reopen the file and bring the requested approvals before Council and the Planning Advisory Committee. In an effort to mitigate the potential concerns of City Staff I have increased the proposed buffer from five metres to 20 metres. Please feel free to contact me should you have any questions or require any additional information. Regards, 's'�� Kemal Debly � � . ' �,�c.��'�. � � � �� n� ��k � �� , � �� J�� 172 � . � � .. • ' ' • • • i�-`��' • • PUBLIC NOTICE AVIS PUBLIC „ � � � � � ; � � � � i � � � . , , � , � ; � i � � � : � „ � � • � , Public Nolicz is hereb�� i��en lhat the Common Par l�,.�,r��ntcs.un aais public c�t donne par lequel Council ol The Cily ol Saint John intends to lc cunseil communul de The City ol' Saint John con;ider amending The City of S1int John Zoning indiyuc son intention d'etudier la modification By-I�nv al its regular meeting to be held in the Coimcil suivante a 1'�irrete sur le zonage de The City of Saint Chamber on�1onda},.luly 4,20ll at 7:6U p.m.,by: John,lors de 1�reunion ordinaire qui se tiendra dans lx sulle du conseil]e lunili 4 juillet 2011 a 19 h: Rezoning a parcel of land h�n�ing an ar�a of Rezonage d'une parcelle de terrain d'une su�rficie approximatel��12,a hectares,lncated at 1925 Bayside d'environ 12,4 hectares.siluee au 1925,promenade Drive, also identificd as bcing a part of PID �a Bayside,et etant wie partie du VID SS1SS3�3. de 551883J3. Gom "RF" Rural to "PQ" Pits and zone ruralc«RF»a zonc de carrieres«PQ»,camme Quarries,as illiis�rated belo�e, le montre la carte ci-dessous. REASO\FOR CHANGE: RAISON DE LA\tOD1FICATION: To permil a grx��el pit. Permeure f exploitation d'une carricre ��" � � � Toute ersonne inleressee The proposed 1roei�dment may " � -A�� p bc inspectzd by any intcrested � ey peut examiner lc projet dc p�rson at thc of�icc of the �� : °f9 �� . modification au bureau dc la Common Clerk,or in the office - 3 �`�':> gre[�ere communale ou au of Plam�ina and Dc�clopment. � �� hureau de 1'urbanisme ct du Cil�� Hall, I S Alarket Square. ��_ a � developpemeill a l�hbtcl de��illc S:iint John, N.[3. beh��een the ;- d a� situe au l5, Market Squarc, hours ot 5:30 a.m. and 430 := ' ';� 1 Saint John, au N0114e111- p.m..Monday throu�h Frida�. = =; Q I3runs�tiick..entrc 8 h 30 ct l6 indusive,holiday;excepted. � h 30 du hrodi�u vendredi,satd� Ics jour;ferics. 1Vritten ohjections to the amendment may be senl to Veuillez faire part de tos objections au projet de the undersigned xl City Hall. modification par ecrit a 1'attention dti sotissianc a I'hotel de ville. lf you require French scn•ices for a Common Si��ous exigez des services franFais pour unc rcunion Council meeting, please contact ihe office of the de Conseil Communal, s'il �ous plait contacler le Common Clerk, bureau de la grelfiere communale. Elizabeth Gormlzy,Common Clcrk Eliznbeth Gormley,GrelTierc coiumunale 6jS-2£62 658-256? ' 1 � 1 ' ' / � � � 173 �• � �� Planning P.O. Box 1971 506 658-2800 Advis�ry Committee Saint]ohn New Brunswick Canada E2L 4L1 June 23, 2011 � ,� �� e� � Your Worship and Councillors: °`°'' , oF��•�""• ��„ � 0� y�V City of Saint John SUBJECT: 1925 Bayside Drive Rezoning Application On December 27, 2010 Common Council refenred the above matter to the Planning Advisory Committee for a report and recomrnendation. The Committee considered the attached report at its June 21, 2411 meeting. Scott Fash, the applicant, was in attendance at the meeting and was not in favour of s�af�s recommendation. The applicant stated that it would be their intent to pursue the rezoning without the variance. In response to a question from the Committee, staff responded that they would not be comfortable reviewing the revised proposal to provide comments for the July 4, 2011 Public Hearing and that such a proposal would require more review. No one else appeared in favour or against the proposal, and no letters were received. After considering the report and comments znade by the applicant,the Committee recommended denial of the proposed rezoning. RECOMMENDATION: That the proposed rezoning and variances be denied. Res�ctfully submitted, C�� Y.irray Chairman JK Project No.10-433 174 � The�ty oP Salnt Joha DATE: JCTNE 17, 2011 TO: PLANNING ADVISORY CONIMITTEE FROM: COMMUNITY PLANNING • PLANNING AND DEVELOPMENT FOR: MEETING OF JCTNE 2I, 2011 PREPARED BY: REVIEWED BY: � 3ody Kiiff �'�` Ken Forrest, IviCIP, RPP Planner L��-�._.-� Commissioner SUBJECT: Name of Applicant: Genivar Inc. (For Barsa Ventures Ltd) Name of Owner: Bazsa Ventures Ltd. Locakion: 1925 Bayside Drive PID: 55188353 {portion east of Bayside Drive) Municipal Plan: Low Density Residential Zoning: Existing: "RF"Rural Proposed: "PQ"Pits and Quarries Proposal: To establish a pit for extracting aggregate at the subject property. Type of Application: Rezoning and Variance Application to reduce the setback requirement from 30 metres (100 feet)to 20 metres (65.6 feet) from the side lot lines. �r SAINT JOHN P.O.Box 1971 Saint John,NB Canada E2L 4L7 I wwwsairttjohn.ca ' C.P.19T1 Saint John,N.�.Canada E214L1 �� 175 Genivar Inc. (For Barsa Ventures Ltd) Page 2 1925 Bayside Drive 7une 17,2011 JURISDICTION QF COMNIITTEE: The Community Planning Act authorizes the Pianning 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, July 4, 2011. The Communiry Planning Act authorizes the Planning Advisory Committee to grant reasonable vaziances from the requirements of the Zoning By-law. The Committee can impose conditions. STAFF RECONIlVIENDATTON TQ COMMITTEE: That the proposed rezoning and variances be denied. BACKGROUND: The applicant submitted a similar application in January of this year to zezone the subject property in order to facilitate the establishment of the proposed gravel pit operation. The proposal required a significant vaziance from the Zoning By-law standard to the side and rear !ot setbacks. Staff recommended denial of the proposal on the basis that the requested variances were significantly greater than the required setbacks outlined in the Pits and Quarries zone o£the Zoning By-law. Instead of pursuing the proposed rezoning against the recomznendation of staff to deny the application, the applicant asked that consideration of the application be postponed in an effort to engage with staff and revise the proposal to better address the concems outlined in the January 14, 2011 staff report. The applicant and his client have since met with Planning staff and revised the original application in hopes of designing a proposal that would be better positioned to meet the approval of staff, PAC and Council. INPUT FROM OTHER SOURCES: Municipal Operations and Engineering has indica�ed that comments from January 5, 2011 are still applicable for this proposed rezoning and variances to permit a gravel pit at 1925 Bayside Drive. These comments were: • There is no municipal water and sanitary i�nfrastructure. Should any extension of infrastructure be required, it would be the full responsibility and cost of the applicant/o�wner. • Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant for approval by this Department. • The applicant's engineering consultant must submit a detailed plan indicating the grade, size and location of any proposed access to Bayside Drive to this Department for review and approval. It is assumed that large vehicles will utilize this site and precaution must be taken to ensure suitable entry/exit location with required site distances for the proposed use. The applicant's traffic engineering consultant must ensure that proper site distances are available for any proposed access. 176 Genivar Inc. (For Barsa Ventures Ltd) Page 3 1925 Bayside Drive June 17, 2011 • The applicant would be responsible for obtaining all necessary municipal permits. • It should be noted that with the proposed nature of the business for this site, it is the owner's responsibility to maintain the existing street surface free from any foreign matter that may result from the transporting of product from the site. Buildings aQd InspecNon Services has stated that from observations of the nearby property, currently being excavated, it appears that the layer of useful aggregate is not very thick and is underlain by solid bedrock. The quantities of available aggregate may be overestimated. The property is quite narrow for excavation purposes; however, there is one other active excavation site in the City where a long narrow property has been operated as a gravel pit for many years. Buildings and Inspection Services has no objection to a reduction in the sideline setbacks as doing so will have little or no effect on the adjoining properties. It is doubtful that any other sort of development will appear on adjoining properties that would be in conflict with a pit operation. The sidelines should be clearly marked with blazed and painted trees so that compliance with the setbacks can be easily determined. The site should be excavated to the design grades determined by the Consultant as work progresses, moving away from Bayside Drive. The property should then be progressively rehabilitated with trees and grass, in compliance with the By-law standards, so as to have a very small working area for equipment placement and manoeuvring, and a small exposed working face. There should be absolutely no blasting allowed on the property. All other relevant standards of the PQ section of the Zoning By-Law will be applicable to the property. Saint John Firc Department has been advised of this application. N.B. Deparhnent of Environment has been advised of this application. S�int John Energy has been advised of this application. Bell Aliant has been advised of this application. Maritimes & Northeast Pipeline, Enbridge Gas and Brunswick Pipeline has indicated that the rednced excavation area is now clear of any pipelines; however, the applicant must submit an excavation plan and any blasting plans to Brunswick Pipeline pzior to commencing. ANALYSIS: Site and Nei�hbourhood The subject site has a&ontage of approximately 82 metres (270 feet) on the new road to Red Head/Canaport (now known as Bayside Drive}, and has a total azea of approxinnately 12.4 hectares (30 acres). This long and narrow site is currently undeveloped and is a predominantly wooded properiy, with the exception of a small area that has been cleared to create access to the lot from the road. 177 Genivar Inc. (For Barsa Ventures Ltd) Page 4 1925 Bayside Drive June 17 2011 , The area to the north and south of the site consists of similar long, wooded parcels of varying widths. To the west of the site {on the west side of the new access road) is more wooded land beyond which is the reaz of the Woodlawn Park/Harbourview residential area of Red Head. Proposal The applicant wishes to have the land rezoned to "PQ" Pits and Quarries in order to permit the excavation of gravel. The applicant had originally planned to excavate the land in order to prepare it for potential future development of a residential subdivision once the aggregate supply had been removed. However, the applicant has since moved away firom the idea of creating residential lots in this azea of the City. Staff had advised the applicant that the P1anSJ process has charted a course that generally does not favour residential development outside the Primary Development Area outlined in the Growth Strategy, which was endorsed by Co�ncil on March 14, 2011. Nevertheless, the applicant would like to pursue the rezoning of the property as he believes the site contains a"sizeable" amount of quality aggregate, and indicates that there is the potential to extract approximately 185,000 cubic metres of material from the site. The applicant has reduced the area of extraction of aggregate material to a much smaller portion of the pzoperty than what was presented in the original proposal, whzch indicated a potential fox approximately 440,000 cubic metres of material. By reducing the impacted area of extraction, the applicant has effectively increased the side yazd from the previously proposed five metres to 20 metres, whereas the Zoning By-law requires a minimum setback of 30 metres. Tn addition, the proposed excavation area will be coafined to the area west of the Brunswick pipeline, thereby providing a reaz yard setback well in excess of the By-law minimum. The exact timeframe for extraction is unknown and,presumably, would depend on market conditions. The attached revised Technical Report, dated May 24, 2011, describes the proposal in more detail, including drawings illustrating existing topographic conditions and proposed post-extraction elevationsl. Tt should be noted that the excavation setback from the street line of Bayside Drive is now proposed to be 1 l.9 metres (390 feet} rather than 50 metres {164 feet) in the original proposal. In the previous report it was noted that this setbac4c would need to be increased to at Ieast 90 metres (300 feet) in order to provide the required 150-metre (500-foot) separation from the undeveloped properties on the opposite side of Bayside Drive that are zoned Residential. The revised proposal has resolved this issue. However, the straight access driveway still needs to be modified to create a curved configuration so as to prevent direct visibility of the excavation site from the public street, as required by the Zoning By-law and pointed out in the previous staff report. Munici al Plan Policies The subject site and surrounding azeas to the west, north and northeast aze designated Low Density Residential by the Municipal Development Plan. The lands to the south and southeast are designated Rural. The Municipal Plan has specific policies respecting pits and quarries, which are contained in Section 2.43 of the Plan. These policies were developed and incorporated into the Plan in 2001 as a result of the Pits and Quarries Aggregate Resource Strategy, which had been prepared by the City in �The attached Technical Report indicates that the application includes a Municipal Plan Amendme�t.It should be noted that a Pian Amendment is not necessary for this application. 178 Genivar Inc. (For Barsa Ventures Ltd) Page 5 1925 Bayside Drive Jvne 17,2011 1994, with considerable citizen and industry input, in response to Connmon Council's xequest for a review of the development process for pits and quarries in the City. The 1994 report's most important recommendation was that excavation be removed as a permitted use in the "RF" Rwral, "I-1" Light Industriai and "I-2" Heavy Industrial zones and that a specific zone, with more rzgorous standards than existed at the time, should be created for this activity. The study also included maps and descriptive information that identified areas of the City with significant aggregate resources that, where feasible, should be protected and utilized. Section 2.4.3 of the Municipal Plan states that extractive industries form an important component of the economic activities in the region and it is the intent of the City to support and encourage their continued operation as a contribution to the economic health of the commuttify. It is also recognized, however, that pit and quarry operations constitute a disturbance and hazard to nearby urban uses. Pits and quarries are not regazded as permanent land uses and therefore they aze not designated on Schedule 2-A of the Plan. The Plan intends that such activities will be controlled through specific rezonings to the"PQ"Pits and Quarries zone, and then later rezoned to a zone compatible with the underlying land use designation(in this case Low Densiry Residentia�. This approach allows for a review of proposed new operations, such as the present proposal, and a decision by Common Council as to whether or not Ehey may be established. In addition to determining whether or not the proposed location of a pit or quarry is appropriate, the Plan indicates that it is the City's intent to regulate the day-to-day operation of such uses with respect to such matters as: • hours of operation, • site development measures to assist in the control of smoke, dust, odours, toxic materials, vibration and noise, • setbacks, yazds and separation frozn existing roads or uses, • visual screening, • iocation of buildings and equipment, • safety and protective measures, • location of entrances and exits, and the designation of hauling routes, • signs and landscaping, and • progressive rehabilitation. The above matters have been incorporated into the standards of the "PQ"Pits and Quarries zone. It should be noted that tkus zone pernuts extraction and related activities, such as screening, crushing, washing and stockpiling of aggregates, but does not perznit an asphalt or concrete plant. Growth Strategv As already noted in this report, the City has recently adopted the Growth Strategy as a first step in the creation of a new Municipal Plan. Altb.ough the Growth Strategy does not have any statutory authority, it is useful as a reference to the likely direction of future planning policies for the City. The Growth Strategy places the azea (including the subject site) outside of the Primary Development Area, suggesting that it will no longer be required or appropriate for future residential or other forms of urban deveIopment over�lie life of the new Municipal Plan. The applicant's revised Technical Report expresses tl�e opinion that, because the Growth Strategy does not envision future urban development in the area,the maintaining of a 30-metre�zndisturbed setback from the side lot lines would not be 179 Genivar Inc. (For Barsa Ventures Ltd) Page 6 1925 Bayside Drive June 17,2011 necessary. While there is merit to the applicant's argument that there is no longer a need to buffer the site from potential future residential areas, the applicant misses the point that the 30-metre setback requirement is the standard applicable in situations where the pit abuts rural, commercial or industrial (i.e. non residentiai} zones. Indeed, if the site were abutting residentially zoned properties, the required undisturbed buffer would be at least 150 metres {500 feet). Proposed Rezoains The Red Head area of the City is not one of the areas#hat are specifically shown on the maps accompanying the Pits and Quarries Aggregate Resource Strategy as having a significant aggregate resource. However, the text of the strategy does refer to the area"extending from the Latimer Lake Road azea west to Red Head" as having had a long history as a source of quality aggregate material that apparently is considered suitable for a wide range of construction purposes. The neighbouring property at 1781 Bayside Drive {"Thomas"pit)was rezoned from"RF"Rural to "PQ" Pits and Quarries in 2007 in order to facilitate the establish�ment of a gravel pit. The application to establish a pit and quarry operation at the same location was denied in 2000 due to inappropriate access to the proposed gravel pit. However, the construction of the new access road to the Red Head area enabled the location to satisfy all the requirements of the Zoning By-law pertaining to the establishment of a pit or quarry. in contrast to the Thomas pit, �he current application to establish a gravel pit at 1925 Bayside Drive cannot satisfy aIl the requirements of the Zoning By-law. The requested reduction to the side yard setback from the required 30 metres to 2Q metres is much less than the original proposal (to reduce both the side and rear yard setbacks to 5 metres), but still varies by 30% from the accepted standard of the "PQ" Pits and Quarries zane. In addition, it results in a one ltilometre long excavated area that would now only be approximately 38 to 40 metres (125 to 130 feet) wide along its entire length. Tt is di�'ficult to envision how the"progressive rehabilitation" requirement of the "PQ" zone could work properly in this conteact, unless the excavation begins at the rear of the site and works its way towards the front. Despite the proposed reductions to the magnitude of the side yazd setback variances, stafF feel it is not advisable to vary the standazds of the PQ zone. The only exception might be where the pit directly abuts a property contaizung another active pit operation. Unfortunately,the applicant's client was not able to acquue the parcel to the north of the site. Althougl�the subject property is located on the P1anSJ Growth Strategy map in an azea identified for possible resource extraction, staff feel that any diversion from the Zoning By-law in this zone would create an unwelcomed precedent for a land use that has several perceived and real social and environmental impacts. It remains the position of staff that the standards out�ined in the "PQ" Pits and Quarries zone of the Zoning By-law have helped the City regulate the establishment and operation of pits and quarries since the"PQ" zone was established in 2001, and these standards should generally no� be subj ect to any adj ustments. CONCLUSI�N: Given the context of the existing neighbouring pit, and the reco�ition in the Pits and Quarries Aggregate Resource Strategy of aggregate in the subject area, the requested rezoning for the subject 180 Genivar Inc. {For Barsa Ventures Ltd) Page 7 1925 Bayside Drive June 17,2011 property could be considered if tkze proposed gravel pit could meet the required setbacks. However, staff see no justification to recommend approval for such substantial reductions to the"PQ" Pits and Quazries zone standazds. As it currently exists,the subject site appears to be too narrow to enable the operation of a gzavel pit, despite the existence of a gravel pit in the area. JK Pro;ect No. 1 a�33 181 PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ,., � . .., f ". `, ; , �.. ,r v '.. , . -" � ��. �� - �:.. \ �;. � .� o. � `• - � ,.�., '� � �� . PQ ' � '-.\ � `` � •� ; PQ n •�.` v �i R�.1 Y� j l f , `� � b a'' I .��_ � 'o a.,' .��°�4'`. .\ �r � l � �r � � i � a � f I v � � i � � � �`. i / \ / ! `i Y at % ai.� 1 �: / `• ° � ' � v �, ` `, ` `` � / t �t iI �� r'� V PID(s)/NIP(s): Subject Site/site en question: 55188353 {portion} Location: 1925, promenade Bayside Drive Date: June 2 juin 20'11 Scale/echelle: Not to scale/Pas a I'�chelle 182 �� . , ,. ��. ,,. -r,;. . . , .� .,, „ , , .�. . . . -�.. . � �-- .. ,. + 1_ � +�� f � / � ' �ti./ . .`k,� i ' �M Ao�.�R'~t�;+1:'n`^- . " .�� J'�.-r '.��,..'n.�': „ � ,k,- , �-r ��,,,z/// � :`"" / � d' . l f a•, .6' � ,j , . , ''' .: .. ;v-�.,�`' � - � ' : 1' , �fs( ', � J� � Y� ' ' '� } . �^�-- � _ • ,ac. �" !I. l .%"�,... •- r- - M,✓ - �'' J r� , .�V, '�y, �r/ ,:f .� �, ' :�" ,�,n .. , , . Ys• � � �r I , 7 _ � i. � , ' � " o �i^ ..�o�:' �a.a . �' �` �; . � ��v � �/�� ,{', '� . .� r r=�',,;,,�•.� ��..�S� � ' � -� �., 1 ; e�^- �'. -_ ,, � r . '� . ..d'°` ' .,� . 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'.�l'A/ " �am -- 7�0.-�a�o..s��m-"-- �ii=�'W13.•.., -§r��m�-�--� �9�ao.at- -� #i;• � 4 , rp°"'y �y 1 ��' ' �. y' N d�,4 s-jy� 1 1 , ' � , y P1D559B8353 I � i, , t{' r'` ��.. _1sa±'_"�'�_ 'r -a-�_1sa—�=---�vt__,__ ..��.-�{I�� .�'`,F ��,• ' � ,� .�:. t .�f.'-�; . # B�YSlDEDRNE.SAINiJOMNNB ��.. _'r�,.^--- -- - "- _ -+�.,'y-«-- -- - - -- .' /' .� � . . i`�¢,� �..�e,"' ,��..a.� - �Er a�cw . � _' — ^�-<< _ .� - � ' , I � � y Y v�sa ' f %_ �Y��wP• �~ule�A LO`i o1R �_�' �u4 e ms o�xb � . .l..,_'�%' '.�./%��yf�i..M JfA . 1P�4 P�1n�4 • (I � ' + � ' i �� r POST EXTRACTION PLAN � * , �. E' !•.,�:� '.'d;; '. �' , �; ± 3 a'-, -_.};��... ;� ;N � ' �';t :�. t� r�;,�., i�� . _�;, , � � �� , �C� c ,.r. , �_.�, ' '� ,•;� , . '! � < I .�r..?{"'rr.' � °^•---D-�s, � � 1 { �Y�� ..nui f � � F�J .:.•�j•� wS%'.l . APPR07(IMAiE CUT p�„_Jnm d w.+�. I' � 4 �1 : .{_ '�"� J// IBS.IWn+' w.. ____� • • ' � � � . '�, V- _=%� f � l��,'/��/,- �J�� . .. - � "+o_Savtan 1 , . y _ ��e'd� _... ,., . � . ./r+� � i. , . . . 183 r , �, ��, � � City of Saint John INTERNAL INSERTION ORDER For City of Saint John use only: Bud et Number: 110 0801 442 2010 De artment: Common Clerk's Office Account#71206 Contact: Elizabeth Gormle Phone: (506 658-2862 Fax: (506 674-4214 Special Instructions (if any): Reference: Lands Ad.jacent to 460 Latimore Lake Road Newspapei- Insertion Dates (Check as applicable) (SJTJ= Saint John Telegraph Journal) "SJTJ City lnformation Ad Date(s): Tuesda,y,June 7`h,2011 Tuesday,June 28'",2011 "SJTJ Iudependent Placement Date(s): "SJTJ Classi�eds Date(s): Information for Ad (Boldface anything you want Bold in Ad, Centre, Tab, etc.) Section Headline: ❑ General Notice ❑ Tender ❑ Proposal 8 Public Notice Sub-Headline (if a licable): Text: INSERT ATTACHED Call to Action: Elizabeth Gonnley, Common Clerk/Greffiere cominunale Contact: Telephone: (506) 658-2862 184 PROPOSED ZONING BY-LAVV PROJET DE MODIFICATION DE L'ARRETE AMENDMENT SUR LE ZONAGE RE: LANDS ADJACENT TO 460 LATIMORE OBJET: PROPRIETE ADJACENTE A CELLE LAKE ROAD SITUEE AU 460, CHEMIN LATIMORE LAKE Public Notice is hereby given that the Common Par les presentes,un avis public est donne par lec�uel Council of The City of Saint John intends to consider le conseil communal de The City of Saint John amending The City of Saint John Zoning By-law at its indique son intention d'etudier la inodification re��lar meeting to be l�eld in the Council Chamber on suivante a I'arrete sur le zonage de The City of Saint Monday, Jul��4, 20ll at 7:00 p.m., by: John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi 4 juillet 2011 a 19 h : Rezoning a parcel of land having an area of Rezonage d'une parcefle de terrain d'une superficie approxiinateIy 35 hectares, located adjacent to 460 d'environ 35 hectares, etant adjacente a celle situee Latimore Lake Road, also identified as being a au 460,chemin Latimore Lake,et fonnant une partie portion of PID Nos. 00333385, 00334599 and des NID 00333385,00334599 et 00333419,de zone 00333419, fi•om "RF" Rural to "PQ" Pits and rurale« RF»a zone de carrieres«PQ»,comme le Quarries, as illustrated belo«�. inontre la carte ci-dessous. (INSERT MAP) (INSERER LA CARTE) REASON FOR CHANGE: RAISON DE LA MODIFICATION: To pennit a gravel pit. Permettre 1'e�ploitation d'une carriere. The proposed amendment may be inspected by any Toute personne interessee peut examiner le projet de interested pei•son at the office of tlle Common Clerk, modification au bureau de la greffiere coinmunale ou or in the office of Planning and Development, City au bureau de I'urbanisme et du developpement a Hall, 15 Market Square, Saint.Iol�n,N.B.between the 1'hote] de ville situe au 15, Market Square, a Saint l�ours of 8:30 a.m. and 4:30 p.m., Monday through John,au Nouveau-Bruns��ick.,entre 8 h 30 et 16 h 30 Friday, inclusive,holidays excepted. du lundi au vendredi, sauf les jours feries. Written objections to the amenduient may be sent to Veuillez faire part de vos objections au projet de the undersigned at City Hall, modificatian par ecrit a 1'attention du soussigne a 1'hotel de ville. If you require French services for a Common Council Si vous exigez des services fran�ais pour une reunion meeting, please contact the office of the Common de Conseil Communal, s'il vous plait contacter le Clerk. bureau de la greffiere communale. Elizabeth Gornzley, Common Clerk Elizabeth Gonnley, Greffiere commuuale 658-2862 658-2862 185 \/�� // / %/ <� y_ j / .,�� / �� / ', �� / �r � �i � �,. � � � �\�/ � j , � �� %� % '�� \ � �,✓ � > �, ,, � �� j� � �� / �� , � �� \/ � / �� . �.!\ i� �� / ,� ,� � ��,� O i � %�, `�� / ,� �� ►y� / ; �'� ��'\ �, ;� �� '� � �� // � \ � \ ,� `. � / � \ � � � � \ \ `, � ��` `� , ��- , ` .� ,�� / ':1 % !/' , � ; � � �i" d. %� �' . � � ��e , �. �f �►C' � � � , ,- % � �, � � �, . j� � . , _ , ; � --, / • % \ /�`� / � / 4 � i i / / �� / � � 1 / 1 � r- ,�1� � 1 � 1 � r � � , � �__� ; , Z ,' , � , � �. �� , , 186 May 11, 2011 Ken Forrest, MCIP, RPP Director— Pianning and Development City of Saint John 15 Market Square Saint John, N.B. E2L 4L1 Dear Mr. Forrest, 515129 NB Inc. has authorized GENIVAR to pursue the rezoning of P1Ds 00334599 and 00333419 to allow for a pit operation. Regards, � �t G�i.�..�l (�..� � l.� � Cs�DEVE�O �� ,� � �'�� w � S� C�J� ,�:, �� C�r1j� , 187 May 31 11 12:49p Fundy Bay Holdings Ltd 506 696 2626 p,2 N[ay 2B,2011 Ken FaRest,NFCiP, RPP Director—Rlanning artd Developr�ent City of Saint John . 15 t�Aarket Squar�e Saini John,N.B. E2L 4L1 [�ar Nfr.Forresk I hereby authorize GENIVAR to P��sue the rez�rting af a portion�f PID 00333385 which will be used to access a Qroposed pit on PIDs 04334599 and D0333419. Regards, lJ'' ��LC��✓+'K, .'i!'..C/='l.dt�"G/ Dianne Arsenault 188 BY-LAW NUMBER C.P. 110- ARRETE N° C.P. 110- A LAW TO AMEND ARRETE MODIFIANT L'ARRETE THE ZONING BY-LAW SUR LE ZONAGE DE THE CITY OF OF THE CITY OF SAINT JOHN SAINT JOHN Be it enacted by The City of Saiut Lors 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 le zonage de The City Saint Jolu� 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 1 La modification de 1`annexe «A», Zoning Map of The City of Saint John, by Plan de zonage de The City of Saint John, re-zoning a parcel of land having an area of permettant de modifier la designation pour approximately 35 hectares, located adjacent une parcelle de terrain d'une superficie to 460 Latimore Lake Road, also identified d'environ 35 hectares, etant adjacente a as being a portion of PID Nos. 00333385, celle situee au 460, chemin Latimore Lake, 00334599 and 00333419, from "RF" Rural et fornlant une partie des NID 00333385, to"PQ'' Pits and Quarries 00334599 et 00333419, de zone rurale « RF »a zone de carrieres«PQ » - all as sl�own on the plan attached hereto -toutes les modifications sont indiquees sur and fonning part of this by-law. le plan ci joint et font partie du present arrete. IN WITNESS WHEREOF The City of EN FOI DE QUOI, The City of Saint Jolu1 Saint John has caused the Corporate a fait apposer son sceau communal sur le Common Seal of the said City to be affixed present arrete le 2011, to this by-law the * day of *, A.D. 2011 avec les signatures suivantes : and signed by: Mayor/Maire Common Clerk/Greffiere communale First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 189 �' ��b� Pianning l'.0. Box 1971 50b b58-280� Advisory Committee Saint John New Brunswick Canada E2L 4L1 June 22, 2011 � � � � � 1 � � � Your Worship and Councillors: °`°`,°� - ,,y`w � Ciry of SainC John SUBJECT: Proposed Rezoning - Lands Adjacent to 4b0 Latimore Lake Road On June 6, 2011 Common Council refened the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its June 21, 2011 meeting. Scott Fash, Steve Langile and Mike Boyle spoke in favour of the application, with Mr Fash indicating he was in agreement with the recommendation contained in the Staff Report. Mr. Fash indicated that the proposed extraction area has been reduced from 86 acres as presented in the application�0 23.5 acres based on concerns expressed at a community open house held by the proponent. Mr. Fash also noted that Latimore Lake Road will be accessed via the existing driveway to the gravel pit at 460 Latimore Lake Road, and that development of the proposed pit would be occurring from west to east. It was also noted that the proponent would be extending the length of pavement on the existing access road/driveway at 460 Latimore Lake Road and that there will be no net increase in the area under extraction. Mr. Richazd Hachey of 1239 Latimore Lake Road, Ms. Odette McCrrath of 31 Lackie Road, Mr. Habib Debly of 815 Latimore Lake Road, Ms. Kim Wilson of Latimore Lake Road, Ms. Carolyn Burtin of 1089 Latimore Lake Road, Mr. Tim McGrath of 31 Lackie Road, and Mr. Calvin Currie of 25 Estate Drive appeared before the Committee and raised concerns including stormwater runofF, siltation, dust, tzuck traffic, noise and impacts on ongoing residential development in the area. Ms. Odette McGrath also spoke on behalf of the Latimore Lake Community Centre. Mr. Scott Fash and Mr. Stephen Langille reappeazed before the committee and addressed concerns raised by the residents. No other persons spoke in favour of or in opposition to the application. Eleven letters were received expressing concerns with and opposition to the proposed development. (copies attached) Following consideration of the report, presentations and letters, the Committee adopted the staff recommendation. 190 -z- RECOMMENDATION: 1. That Common Council rezone a parcel of land located ad}acent to 460 Latimore Lake Road,having an azea of approximately 35 hectares, also identifed as being portions of PID Numbers 333385, 334599 and 333419, from"RF"Rural to "PQ"Pits and Quarries. 2. That pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of an azea of land identified as located adjacent to 460 Latimore Lake Road, having an area of approxima�ely 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, with a gravel pit be subject to the conditions that: a) The use of the subject site is limited to the excavation of aggregate material and will not include any blasting, quarrying or on-site processing of materials; b) Excavation will be limited to a maximum 4 hectare (10 acre} azea on the subject site at any one time and the excavation area shall not increase until such time as the prior area has been fu11y rehabilitated according to standards contained in the "PQ" Pits and Quarries zone; c) No part of the excavation area shall be excavated to an elevation lower than approximately 120 met�es (395 feet) above sea level; d) Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant to the Department of Municipal Opezations and Engineering for review and approval prior to the issuance of any excavation permit; e} A water supply must be maintained on-site and be used to limit the amount of dust raised; fl Any equipment used on the site must be equipped with fully functional noise-suppressing mufflers to the satisfaction of the Deputy Building Inspector; and g) Excavation is permitted onJ.y between the hours of 7:OOam and 6:OOpm Monday to Friday; and further that upon the rezoning of the azea,the land and any building or structure thereon must be developed arid used in conformity with the proposal and conditions identified herein. 3. That Common Couricil authorize the preparation and execution of an agreement between the CiTy and Jerome Langille, owner of the property at 460 Latimore Lake Road (PID 334565),pursuant to Section 101 of the Community Planning Act, setting out the following additional requirements with respect fo the existing gravel pit operation thereon: 191 -3- a) The owner shall pave with asphalt a distance of 400 metres (1,312 feet) back from the existing paved portion of the access prior to the commencement of any excavation activity on the lands to be rezoned. b) The owner shall reduce the area excavated from the pit at 460 Latimore Lake Road in an amount equal to the area being excavated from the proposed pit so that there shall be no net increase in extraction activity following rezoning of the subject site. c) The agreement is null and void if the rezoning of the subject parcel of land mentioned does not become efFective. 4. That Common Council not give third reading to the rezoning until the recommended Section 101 agreement has been executed. Respectfully submitted, __'��"�f� /�� r�/ Erik Kraglund Vice Chairman MR Project No. 11-158 192 � � � � - iLe ary or sainc)oha DATE: JUNE 17, 2011 TO; PLANNING ADVISORY COMIVIITTEE FROM: PLANiVING AND DEVELOPMENT FOR: MEETING OF JUNE 21, 2Q11 � • , - Herring, MCTP, P Ken Forrest, MCIP,RPp Pla.nner Commissioner SUBJECT: Name of Applicant: Genivaz(for Fundy Bay Sand& Gravel Inc.} Name of Owner: 515129 NB Inc. and Dianne Arsenauit Location: Lands Adjacent to 460 Latimore Lake Road P�� Portions of 333385, 334599 and 333419 Municipal Plan: Rural Zoning: Existing "RF"Rural Proposed: "PQ"Pits aud Quarries Pzoposal: To establish a gravel pit. Type of Application: Rezoning. JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give i#s views to Common Council conceming proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, July 4,2011. �i .�, SAINT JOHN P.O.Box 1971 Saint John,NB Canada E2L 4L1 I www.sainaohn.� I�C.P,1971 Saint Joh�,N.-B.Canada F2L 4L� �� 193 M Genivar Page 2 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 STAFF RECOMNIENDATION TO C4M1��IITTEE: 1. That Common Couricil rezone a parcel of land located adjacent to 460 Latimore Lake Road, having an azea of approximately 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, from"RF"Rural to "PQ" Pits and Quarries. 2. That pursuant to the provisions of Section 39 of the Community PlanningAct,the proposed development of an azea of land identified as located adjacent to 460 Latimore Lake Road, having an area of approximately 35 hectares, also identified as being portions of PID Numbers 333385, 334599 and 333419, with a gravel pit be subject to the conditions that: a) The use of the subject site is limited to the excavation of aggregate material and will not include any blasting, quarrying or on-site processing of materials; b) Excavation will be limited to a maximum 4 hectare (10 acre) area on the subject site at any one time and the excavation area shall not increase until such time as the prior azea has been fully rehabilitated according to standards contained in the "PQ"Pits and Qua�ries zone; c} No part of the excavation area shall be excavated to an elevation lower than approximately 124 metres (395 feet) above sea level; d) Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant to the Departrnent of Municipal Operations and Engineering for review and approval prior�o the issuance of any excavation pernut; e) A water supply must be maintained on-site and be used to limit the amount of dust raised; fl .Any equipment used on the site mus�be equipped with fully functional noise- suppressing mufflers to the satisfaction of the Deputy Building Inspector; and g) Excavafion is permitted only between the hours of 7:OOam and 6:OOpm Monday to Friday; and further that upon the rezoning of the area,the land and any building or structare thereon must be developed and used in confornv.ty with the proposal and conditions identified herein. 3. That Common Council authorize the prepazation and execution of an agreement between the City and Jerome Langille, owner of the pzoperty at 460 Latimore Lake Road(PID 334565), pursuant to Section 141 of the Communiry Planning Act, setting out the following additional requirements with respect to the existing gravel pit operation thereon: 194 i Genivaz Page 3 Lands Adjacent to 460 Lafiimore Lake Road June 17,2011 a) The owner shall pave with asphalt a distance of 400 metres (1,312 feet)back from the existing paved portion of the access prior to the commencement of any excavation activity on the lands to be rezoned. b) The owner shall reduce the area excavated from the pit at 460 Latimore Lake Road in an amount equal to the area being excavated from the proposed pit so that there shall be no net increase in extraction activity following rezoning of the subject site. c) The agreement is null and void if the rezoning of the subject parcel of land mentioned does not become effective. 4. That Common Council not give third reading to the rezoning until the zecommended Section 101 agreement has been executed. BACKGROUND: On June 21, 1994, the Planning Advisory Committee approved the subdivision of the Arsenault properiy(PID 333385} into two unserviced residential lots, one containing an existing dwelling and the other being the remainder of this long narrow property. However,the final subdivision plan was never submitted to the Development Officer for approval. On October 17, 1994, Common Council approved the placement of a mobile home on the Arsenault property for a period of one yeaz. Common Council renewed this approval sevexal times, the last approval date on record being June 9, 1997 for an additional one-yeaz period. The origina!house on the property was subsequently tom down and the mobile home was relocated in compliance with the Zoning By-law. On February 13, 2001, the Planning Advisory Committee approved, for a temporary period of one yeaz,the use of the front portion of PID 333419 as the means of access from Latimore Lalce Road to a temporary woodcutting operation on the"RF"Rural zoned portion of the James E. Boyle property (PID 333419 and 334599,now owned by 515129 N.B. Inc.}. The Committee's approval was required because the portion of the Boyle properiy that abuts Latimore Lake Road is zoned"RS-1M" One and Two Family and Mobile Home Suburban Residentiai, which does not permit a woodlot or woodlot access. The woodlot operation could have been accessed directly from the end of Lackie Road with no addition.al required approvals,because the portion of the property abutting Lackie Road is zoned"RF" Rural. However, the proponents were of the opinion, and the Committee agreed, �hat the proposed access directly to Latimore Lake Road would be less disruptive. On September 3, 2003 the Planning Advisory Committee approved a variance to permit the driveway at 460 Latimore Lake Road to be widened from a maximum of 11 metres {3b feet) to a 195 I ' Genivaz Page 4 Lands Adjacent to 460 Latimore Lake Road June 17,2011 maximum of 15.6 metres (51.2 feet) on condition that the driveway be paved for a distance of 30 metres (100 feet}back from the road. On May 24, 20U5 Common Council denied an application to rezone the subject site, lands adjacent to 460 Latimore Lake Road being portions of PID Numbers 333385, 334599 and 333419, from "RF" Rural"to "PQ"Pits and Quarries to permit a�aveI pit. T�e Planning Advisory Committee had also recommended denial of the application on May I7, 2005. INPUT FROM OTAER SOURCES: Mun�cipal Operations and Engineering has the following comments regazding the proposed rezoning of the lan�ds adjacent to 460 Latimore Lake Road: - There is no municipal water and sanitary infrastructure. Should any extension of infrastructure be required, it would be the full responsibility and cost of the applicandowner; - Detailed storm drainage plans and a storm water design report must be submitted by the applicant's engineering consultant to this Department for review and approval; - The applicant is responsible for obtaini.ng all necessary municipal permits; - It should be noted that with the proposed nature of fihe business for this site, it is the owner's responsibility to maintain the existing street surface free from any foreign matter that may result from the transportizig of product from the site; - From the application,this site does not provide for a direct access from Latimore Lake Road. Access to the proposed site has been shown to be by way of an existing access (via PID 334565} offLatimore Lake Road. The proposed access for the subject site also indicates crossing over private lands (PID 333385). Any arrangements for this pzivate access must be secured by the applicant with the land owner. Should direct access to Latimore Lake Road be required, the applicant's engineering consultant must submit a detailed plan indicating the grade, size and location of any proposed access to Latimore Lake Road to this Department for review and approval. It is assumed that lazge vehicies would utilize this site and pzecautions must be taken to ensure suitable entry/exit locations with required site distances for the proposed use. The applicant's traffic engineering consultant must ensure that proper site distances aze available for any proposed new direct access to Latimore Lake Road. Bailding and Technical Services advises that gravel pits have presented significant issues for residents of the Latimore Lake area. They have had to put up with dust, noise and volumes of 196 1 � Genivar Page 5 Lands Adjacent to 460 Latunore Lake Road June 17, 2011 heavy truck traffic and have been forced to expend great efforts in opposing the substandazd operation or fi.xrther expansion of pits in theiz azea. The proposal places the excavation azea a significant distance from the existing operation at 460 Latimore Lake Road and from the dwellings on Lackie Road. However, it also places the site upwind of the new subdivision at Estate Drive and Kimberley Street. The consultant made no mention of prevailing winds arid whether any dust would be carried from the proposed pit to that residential area. If the proposal is approved we suggest the following conditions be attached to the development in addition to those already contained in the Pits and Quanries standards of the Zoning By-law: - No aggregate processing to take place on the new site. It must all be processed at 460 Latimore Lake Road; - Any equipment used on the sifie must be equipped with fully functional noise-suppressing mufflers; - A water supply must be maintained on-site and be used to limit the amount of dust raised; - The operation should be required to shut down if the wind velocities exceed a set speed; - Absolutely no blasting allowed; - T'he working face of the site must be closely limited so as to minimize the possibility of dust being raised; - Hours of operation should be reduced below those allowed by the Pits and Quarries standards so that the pit does not intrude on people's eazly mornings or supper hours. Fire Department has been ad�vised of this application. Saint John Police Force has been advised of this application. N.B. Department of Environment previously advised(for the 2005 rezoning application)that an initial review of fhe subject proposal was completed. The following comments do not relieve the proponent from compliance with applicable provincial and federal acts and regulations. - If the operator is just removing aggregate there is no Approval to Operate required. If there are plans to blast, crush or wash, an application form requesting Approval of a Source should be submitted to the deparlment for review. 197 1 � Genivar Page 6 Lands Adjacent to 460 Latimore Lake Road June 17,2011 - Please be awaze and make the developer aware of Petroleum Storage and New Brunswick's Used Oil Program. - Complaints are received in regazds to dust, noise and runoff from the site at 460 Latimore Lake Road. These issues should be taken into consideration. - Site runoff from 460 Latimore Lake Road has been impacting watercourses in the area due to the lacic of an appropriate drainage system. Furtt�er excavation in this area without appropriate drainage will increase the impacts to the watercotuses. - What ahaut rehabilitation of the site at 460 Latimore Lake Road? - Siting standards recommend that: o the final perimeter of a pit shall not be located within 100 metres (328 feet) of a private water supply well or 300 metres {1,000 feet} of a commercial, industrial, agricultural or communal well; o an undisturbed buffer strip shall be maintained at least 50 metres (164 feet} wide between the final peri.meter of a pit or quarry and any residential boundary. The Department of Environment has also advised that concems regarding water quality for the adjacent residential subdivision at 880 Latimer Lake Road were brought to the city's attention in 2005 an,d that the proximity of wells to conflicting land-uses may potentially pose a threat to the water quality of the area. Brunswick Pipelines and Maritimes & Northeast PiQeline advise that the subject site is "all clear". ANALYSIS: Site and Nei�hbourhood The subject site is a 35 hectare (86 acre)pazcel of land comprising portions of ttuee lazge properties (PID 333385, 334599 and 333419) in the Latimore Lake Road azea of the City, as illustrated on the attached map. The three properties, of which the subject site forms a part, extend approximafely 2 kilometres (1% miles) southward from Latimore Lake Road and Lackie Road toward Beaver Lake. The portions of these properties that make up the subject site aze located about half way between the northerly and southerly ends of these three properties. As noted in the Background Section of this report, two of the three properties were logged about ten yeazs ago. 198 1 I Genivar Page 7 Lands Adjacent to 460 Lakimore Lake Road June 17, 2011 The Latimore Lake Raad azea is a semi-rural area of the City that has developed residentially in a linear fashion along the main road, with some additional residential development on short dead- end side streets, such as Lackie Road, as well as �in a lazge mobile home park. A number of gravel pits are also located in the area on both sides of Latirnore Lake Road. The azea to the north of Lafiimore Lake Road, extending toward Loch Lomond Road, lies within the Unserviced Residential designation of the current Municipal Plan. To the south of Latimore Lake Road,the Plan designation is also Unserviced Residential to a point approximately 150 metres (500 feet) south of the road. Beyond that point, including the area of the subject site, the land is designated Rural by the current Municipal Plan. The subject site is located approximately 510 metres {1,673 feet) south of the end of Lackie Road, approximately 453 metres (1,486 feet) from Latimore Lake Road at the closest point and approximately 208 metres (682 feet} from the closest portion of the Latimer Estates residentiaI development on Estate Drive. Immediately to the east of the subject site is a lazge property at 830 Latimore Lake Road that consists of a farm and wooded land. Further east is the above- mentioned new nual residential subdivision known as Latimer Estates. The area to the south of the subject site consists of undeveloped woodlands that extend toward the Beaver Lake and Eastern Lakes areas. Immediately to the west of the subject site is a lazge properry(PID 334565) containing the Fundy Bay Holdings Ltd. gravel pit and having civic address 460 Latimore Lake Road. The main working area of this pit operation is generally located to the northwest of the subject site, closer to Latimore Lake Road, although there are several smaller excavation sites to the south of the property,pazaltel to the subject site. The subject site itself is a partially forested 35 hectare {86 acre}parcel. The elevation of the site ranges from less than I 15 metres (380 feet) above sea level to a high point that is approximately 150 metres (500 ft) above sea level {see attached contour rreap). Proaosal The applicant is acting on behalf of Fundy Bay Sand& Gravel Inc. The applicant proposes that the subject site be rezoned, from "RF" Rural to "PQ" Pits and Quarries, in order to provide for the e�raction of aggregate material from the site. Fundy Bay Sand& Gravel Inc. has entered into an agreement to lease the rights to extract materials from the subject site from the present owner, 515129 NB Inc. An agreement has also been made to access the subject site via the existing haul road for the pit at 460 Latimore Lake Road and crossing over the adjacent property owned by Dianne Arsenault(600 Latimore Lake Road, PID 333385). The applicant indicates in the attached Technical Report that the subject site features a sizeable amount of quality aggregate, and that there is potential for the extraction of approximately 1,299,360 cubic metres of quality aggregate from the site for sale. The applicant intends to start 199 � I Genivaz Page 8 Lands Adjacent to 460 Latimore Lake Road June 17, 2Q11 excavating at the southwest comer of the subject site and finish at the northeast corner of the site at an undetermined point in the future(the exact timeframe for extraction is unknown and, presumably, would depend on mazket conditions). The operation will be limited to gravel excavation and will not include quarrying or blasting. The applicant has also pointed out that this proposal meets or exceeds all requirements of the "PQ"Pits and Quarries zone standards and that Fundy Bay Sand & Gravel Inc. has proposed additional measures to mitigate impacts on the surrounding residential area. Beginning excavation at the point furthest from residential development will allow the existing hill and subsequent sloped to act as a buffer between the excavation and residential development, and significant portions of the subject properties will remain undisturbed, with mature vegetation acting as a vegetated buffer azound the proposed pit�o help mitigate noise and dust levels. Fundy Bay Sand& Gravel Inc. also proposes to reduce the e�ctraction activity of the existing pit at 460 Latimore Lake Road as extraction begins on the subject site,resulting in no net increase in extraction activity despite the creation of a new pit. Additionally, extraction will be limited to a znaximum area of 4 hectares (10 acres) at any one time. As previously noted,the proposed pit will utilize the existing access to Latimore Lake Road at 460 Latimore Lake Road, and the proponent has offered to pave an additiona1400 metres (1,312 feet) of the access road to further mitigate dust levels. Current Munici al Plan Policies As noted above, the subject site and surrounding azea as faz north as the south side of Latimore Lake Road is designated Rural by the current Municipal Development Plan. Further north, including both sides of Latimore Lake Road and the entire azea extending to Loch Lomond Road and beyond, the designation is Unserviced Residential. The current Plan has specif c policies respecfiing pits and quames, which are contained in Section 2.4.3 of the Plan. These policies were developed and incorporated into the Plan in 2001 as a zesult of the Pits and Quarries Aggregate Resource Strategy, wluch had been prepazed by the City in 1994 in response to Common Council's request for a review of the development process for pits and quarries in the City. The 1994 report's most important recommendation was that excavation be removed as a permitted use in the"RF", "I-1" and"I-2" zones, and that a specific zone, with more rigorous standazds than existed at the time, should be created for this activity. The study also included maps and descriptive information that identified areas o:f the City with sigaif cant aggregate resources that, where feasible, should be protected and utilized. Section 2.4.3 o£the current Municipal Plan states that extractive industries form an important component of the economic activities in the region and it is the inten� of the City to support and encourage their continued operation as a contribution to the economic health of the community. r 200 � I Genivaz Page 9 Lands Adjacent to 460 Latimore Lake Road June 17,2011 It is also recognized, however, that pit and quarry operations constitute a disturbance and hazazd to nearby urban uses. Pits and quarries are not regazded as permanent land uses and therefore they aze not designated on Schedule 2-A of the Plan. The Plan intends that such activities will be controlled through specific rezonings to the "PQ"Pits and Quarries zone, and then later rezoned to a zone compatible with the underlying land use designation(in this case Rura�. This approach allows for a review of proposed new operations, such as the present proposal, and a decision by Cornmon Council as to whether or not they may be established. In addition to determining whether or not the proposed iocation of a pit or quazry is appropriate, the Plan indicates that it is the City's intent to control the day-to-day operation of such uses with respect to such matters as: - hours of operation, - sife development measures to assist in the control of smoke, dust, odours, toxic materials, vibration and noise, - setbacks,yazds and separation from existing roads or uses, - visual screening, - location of buildings and equipment, - safety and protective measures, - location of entrances and exits, and the designation of hauling routes, - signs and landscaping, and - progressive rehabilitation. The above matters have been incorporated into the standards of the "PQ"Pits and Quarries zone and are enforced through the zoning and through Excavation Permits. Growth Strateev The City has recently adopted a Growth Strategy as a first step in the creation of a new Municipal Plan. Although the Growth Strategy does not have statutory authority, it is useful as a reference to the likely direction of future planning policies for the City. The Growth Strategy places the area(including the subject site) outside of the Primary Development Azea, suggesting that it will mot be required or appropriate for future residential or other forms of urban development over the 201 ! t Genivar Page 10 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 life of the new Municipal Plan. T'hese azeas outside of the Primary Development Area are considered appropriate for resource-related uses, such as the cwrrent proposal. Pconosed Rezonin� The Latimore Lake Road azea of the City is recognized as having a significant aggregate resource. As noted previously, a number of pits already operate in the area, including the existing Fundy Bay Sand& Gravel Inc. pit on the adjacent property to the west. At the same time,the area includes significant pockets of residential development along the main road in the area. Historically, land use conflicts have occurred between these two types of uses in the commwuty,particularly with respect to noise, dust, ttuck tr�c and visual impact. This has been especially the case where the two land uses aze in close proximity to each other. All of the existing pits in the area, including the Fundy Bay Holdings pit, pre-dafe the new"PQ"Pits and Quarries regulations and have been excavated closer to the property lines than would be allowed under the present-day standards. The area to be rezoned is Iocated a minimum of 208 metres (b82 feet) from the nearest exis�ing residential use. The proposed pit itself will be further separated from the surrounding azea by a 30 metre (100 foot) on-site buffer area,thereby increasing the actual sepazation distance to approximately 483 metres (1,585 feet} from Latimore Lake Road and approximately 238 metres (780 feet) from the residences on Estate Drive. These separations greatly exceed the Department of Envirorunent's setback standard of 50 metres {lb4 feet} and the City's "PQ" standazd of l 50 metres(500 feet) of a pit from any residential property. Unlike the older existing pits in the area,the proposed pit will be required to comply with all of the standards that have been developed as a result of the recommendations of the Pits and Quarries Aggregate Resource Strategy, including progressive rehabilitation. However, the potential for land use conflict remains and due to the concerns of surrounding landowners, Section 39 conditions limiting the extent, depth and times of excavation activities aze recommended to mitigate the impacts on surrounding zesidential uses. Limiting excavation activities on windy days, as recominended by Building and Technical Services in their comments, would be beneficial but problematic for the Cify to enforce. It should be considered by fihe applicant in order to mitigate the spread of dust from the subject site. It is recommended that the final elevation of the excavated azea not be lower than approximately 120 metres (3 95 feet) above sea level to prevent the creation of a"hole". The maximum azea to be excavated at one time should be restricted to a maximum of 4 hectazes (10 acres} as proposed by the applicant. 202 i � Genivar Page 11 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 Additional Considerations with Resnect to the Ezistin�Pit at 460 Latimore Lake Road The application for rezoning only applies to the subject site and,therefore, any Section 39 conditions can be imposed only with respect to the azea to be rezoned and not with respect to the existing pit on the adjacent property at 460 Latimore Lake Road. However, in conjunction with this application, the applicant has offered to do certain work on the properry at 460 Latimore Lake Road to mitigate existing concems. Section 101 of the Community Planning Act provides that, where a developer proposes to establish conditions for a development that aze additional to those required by a zoning by-law, Common Council may enter into an agreement with the developer to assure the performance of the additional conditions. These additional conditions must be matters that are freely proposed by the developer. The applicant has offered to do the following if the City approves the rezoning application: - paving an additional 400 metres (1,312 feet) of the access road on 460 Latimore Lake Road that would be utilized by the proposed pit on the subject site; - reducing the extraction activity of the existing operation as extraction begins on the proposed site. "The end result will be no increase in extraction activity, For instance, if he is extracting 10 acres on the proposed site,his extraction activity on the existing site will reduce by 10 acres during the same timeframe." This offer by the applicant has been authorized by the owner of the existing pit property, Jerome Langille, who is the president of Fundy Bay Holdings Ltd. and would be a party to the Section 101 agreement. The proposed mod�cations to the ea�isting pit access and extraction represent an opportunity to obtain irnprovements,not otherwise available,that should reduce its impact on the neazby residentiaJ. area. Detailed plans illustrating these improvements will need to be prepazed, and attached to the agreement, so that there is no misundexstanding as to the nature of the work and location and extent of the area to be excluded from excavation acfivity. CONCLUSION; The subject site is located in an area of significant aggregate resources and is adjacent to an existing "PQ" zone. Additionally, the Crrowth Strategy upon which the new Municipal Plan will be based identifies this area of the City as being appropriate for resource-related uses. The proposed excavation azea is separated from the nearest e�cisting residential property by 238 metres (780 feet) and the area between the proposed pit and other uses currently contains mature vegetation which the applicant intends to maintain as a buffer. Approval, with conditions as noted, can be recommended. Ln addition, due to the offer of the applicant to make modifications 203 t i Genivar Page 12 Lands Adjacent to 460 Latimore Lake Road June 17, 2011 to the existing pit operation in conjunction with this application, the proposed rezoning represents an opportunity to obtain improvements to the existing situation that will reduce the impact of the existing pit, which is much closer to nearby residences than the subject site. This is an important consideration in staff s decision to support the proposal. SKH ProjectNo, ll-I58 204 1 + PLANNING AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT ,:. a, �•., ,� RI �/ p�� r 5�• • RS-� ./� 1V l� ��' TO f � \ , Y � � !� st . ! - � ` y � . . 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Property @ 460 Latimore Lake Road. We have been running a Summer Program for children from the ages of 5-12 years o age for the past 6 years, and this year our program begins on 1u�e 27"'and runs until September 02\2012.Our hours of operation are between 7.30 am-5.30 p.m.from Monday-Friday. Due to the amou�t of dust in the air,as well as the amount of trucks on the roads,we feel this will cause cF�ildren with allergy problems to not be able to participate in our out-door activities. In the previous years,we have had gravel trucks pull into our parking area @ the Community Center while children have been out-doors involved in an activity. We hope you wil!please take this into consideration when making your decision. Tha nk-you, Latimore I.ake and Area Community Association Inc. C person �$z pE�'�Lp� l �� f � � Odette McGrath � �u{, Z � 2�t1 , � o� r� �S ��F SA�Z� 210 1 1 6/20/2011 Richard&Jean Hachey 1239 Latimore Lake Road saint John N.B. E2N lY8 Plaxuun�Advisory Committee c�ry of s�t Jo�, P.O.Box1971, saint johr►N.B. E2L 4L1 To Whom It May Concera We are writing to oppose the rezoning for a Gravel Pit to the lands adja�ent to 460 Latimore lake Rd. We 4�ave lived in Latimore Lake for More Then 50 years and have seen many�anges in o�a-aeighborhood.The ones that cause the most�roblems are the Gravel Pits.The dust and noise is bad enou�h now without adding another pit. There is also the concern of increased truck tr�a�ic. Please send the message to the people of Latimore i,ake that we are a rrxore valuable asset then dirt�is by rejecting this application. � s��ely yo,�� / �p��E��A � `^ � � �� 11 1011 � �;�a�Jean Hachey �v 1 a ,� 0 �r��O A1�� FS 211 � Reade, Mark From: Lockhart, Lynda Sent: June 21, 2011 3:59 PM To: Reade, Mark; Forrest, Ken Subject: FW: regarding proposed gravel pit Lynda LockGr.art • Planning and Development/Urbanisme et D�veloppement The City of Saint lohn T: {506) 658-2835 F: (546) 558-2837 '�Think before you print From: Thomas Christensen [mailto;trchr9stensen@msn,rnm] Sent: Tuesday, June 21, 20i1 3:37 PM To: Lockhart, Lynda; Thomas Christensen Subject: regarding proposed gravel pit June 21sk 2011 Good day Lynda Lo�khart Regarding the proposed expansion of Fundy Bay Holdings to expand their quarry operations in our neighbourhood. My direit con�ern to this matter has to do with the effect of the possible change in the water table. All the homes in the area are on there own wells, and any change in the geography may affect the level of the present water levels. What guarantee, if any, would this rnmpany make to the residents of the Latimore Lake area. Also another concern is the possibility drifling &blasting in this area. Could it damage our foundations. What guarantees will they supply to us as residential citizens. Fundy Bay Holdings has a business in the area, but we live &reside here. We as a community make our homes here &raise our families.This is our home. Respectfully Thomas Christensen 700 Latimore Lake Raad Saint John NB E2N 1X7 � 212 Dear Planning Advisory Committee Members, Re: Proposed Rezoning for Gravel Pit Lands Adjacent to 460 Latimore l.ake Road I am writing to you in concem of the purposed rezoning of approximately 35 hectare of land adjacent ta the Fundy Bay Holding Ltd {PID 333385, 334599, and 333419). We live on Estate Drive; our houses will be the closest(785 feet) to the"new" gravel pit site if the application for rezoning is approved. The"new" gravel pit will end up depreciaking the value of our newly buift home {the average home in our new subdivision starts around $175 000), our quality of life will be changed due to the increased dust in the air and noise pollution, and heavy tuck traffic on the Latimore Lake Road. This means that during the summe�time we will not be able to have our windows open, we will be torced to cEean our ventifation unit more often, and my wire's asthma will be worsen due to the increased dust. Studies have show that rock dust can cause bronchitis, asthma, and chronic obstructive pulmonary disease also known as (COPD). I work in heavy construction/industry; it's dusty, dirty, and noisy all day. When I come home in the evening I don't want to have to put up with noise, vibrations and dust of crushers and heavy machinery working till dusk. We have lived in Saint John for over six years.When we first moved to the city we lived uptown, where it was dusty, dirty, and noisy. When we decided to build o�r house inside the city limits we chose this area due to the accessibility to the amenities and the peace and quite. We knew three years ago that there were three gravel pits in the area we were planning on moving to and accepted it due to the distance they were From our lot. However, if there would have been a gravel pit 785 feet from our new house, we would have looked elsewhere to build. The subdivision we live in is Eo expand to 150 homes or more. The exoanded gravel pik would also affect the decision of potential new horne buyers to be reluctant to build in this area.We pay just as much in taxes as people who live in the city core do (on average$2700 a year), and they would not want this in there back yard. The heavy trucfc traffic will be increased on our road, and the quality of the road will also suffer. The Latimore Lake Road is already in poor condition due to all the heavy truck traffic it has endured over the past years. In addition, one would not feel as safe walking on the side of the toad (due to the lack of sidewalks)with children or pets with these trucks constantly hauling, and spewing black diesel fumes; nevertheless the increased chances' of debris damage to our vehicles due to these trucks. What will this do to our water table? We aIl have wells in the area since there is no city water available to us; this purposed gravel pit is up hill from us. Everyone knows that water flows downhill... The water on our property is good water; we do not n�ed a water softener, or charcoal filtration to rernove foul taste and odour. One drop of oil can render 25 litres of water unfit for human consumption. Ail heavy machinery leak oil at one time or another, this gravel pit is purposed to have good useable gravel for the next 15+ years... Would you want your water table contaminated by petroleum products? ��G & DE�� o l� � a ��N � 1 l 2011 y � � �� S�� SA IN'� 213 � We the community could end up being in the same predicament as people in the Penobsquis area who have had there water tables contaminated due to industry. In furthermore the "new° gravel pit will be zoned Pits and Quarry, this would also give the owner a chance to blast rock if need be. This would be a serious safety concern for us living near by. Skudies have shown that blasting can cause damage to water tables, render water undrinkabfe or even worse coflapse wafer tables and have our we11s dry up. We were informed by community members that blasting has happened in the past on the old gravel pit site. Siltation is another issue which can arise from the gravei pit being this close to our homes. We all have a septic field on our properties since we have no sewage hook up from the city. The cost to replace a septic field can cost anywhere from $8000 and up. In conclusion, we would lifce of the Planning Advisory Committee to respect our views on this purposed "new" gravel pit application. We the community feel that the health and well being of the community would be better off nok having another, gravel pit in our back yard due to the concerns that were raised above. Regards, � �� Jonathan Gammon �,�o��-c� / Shannon Goodine 214 � � June 20`�, 2011 I � Platuiizig Advisory Comznittee Members: Regarding Proposed Rezoning for Gravel Pit lands adjacent to 460 Latimore Lake Road my husband Steven O'Brien and myself, Pauia O'Brien, homeowners of 841 Lafiimore Lake Road are opposed to this rezoning. On the grounds of rnore vegetation wiil be removed &om the high ground in the proposed excavation exposing surface water to run off, potential disturbance to ground water. We aze directly downwind of fihe proposed site which wili expose us and our two young children to dust and noise. The cu.rrent condition of sections of Latimore Lake Road aze not fit for passenger vehi�cles let alone more truck traffic. Both family vehicles have sustain�ed damage to paint, glass and grill from ever present stones on the road when gravel trucks are in operation. Plus note stones were from oncorning passenger vehicles not the gravel trucks directly. There seems to be a past history of least then perfect practices pertaining to the current Fundy Bay Holdings Ltd. It is our understanding the current pit is virtually depleted with no buffer zones in place and little remediation concerning the time frame of the depletion. If bes�practices were not followed in the past then why would they in the futnre. If current laws have changed to encourage best practices then why would a company that states it believes in the community have not followed good practices in the past. Being residents of approximately 9 years it was our understandizig when we moved to Latimore Lake Road that the current operational gravel pits were in their finai years of operation and we accepted that fact. And that any lands akeady zoned pits and quarries we could also accepted. However, current lands that are not zoned pits and quarries we are strongly opposed to as it affects our quality of life for our children and ouxselves for the next I 5-25 years. Thank you for your time and consideration. Sincerely ��.� � _ Gg�DEV�L Paula O'Brien ,4� �,A Steven O'Brien "� Residents of 841 Latimore Lake Road � �� a JUN 2 0 2� � � .rl,� Sp�" �F S AI�`�' 215 i � Douglas/Charlene Parfit� 41 Lackie Rd. �� & DE�� Saint John, NB � o� E2N 1 X6 ,�' �, a JUN z p zp1� � June 19, 2011 ��'.� �� 0 � �F SAIl`�`t S To members of PAC, Mayor, and Cauncil. Once again we axe writing in response to a request for rezoning by Fundy Bay Sand & Gxavel. This particular request is to rezone a parcel of land, approximately 500 metzes from our home to establish a new gravel pit. It has been 20 years for us that these requests have been coming and our position has not cha.n.ged. We urge you members of Common Council and the Planning Advisory Conamittee to reject this yet another xequest to infringe on thas residential area. As residents of Lackie Rd. we have put up with the present and past Gravel Pits over the years and do not feel we should have to endure any new ones along with the additional noise, dust and truck traffic that goes with it. We have hea.rd of promises over the years to comply with regulations such as buffex zones, leveling and regreening of existing pits but I guess these promises must have been dependant on their requests beuag granted since very little has been done in the way of rehabilitation. 216 1 � This particular piece of property owned by my Grandfather was sold to the present owner's father with the hope it would sta.y out of the gravel company's hands for�his very reason. Aga.in we strongly urge you to reject this request for the sake of the residents of Lackie Road and Latimore Lake and their hope a.nd right to l�ve in a peaceful, clean and Beautiful environment. Sincerely yours, � � � Douglas P�tt - 53 year resident of Lackie Rd. Charlene Parfitt — 32 year resident of LackiEe Rd. 217 I Tim and Odette McGrath � 31 Lackie Road, Saint John, N.B. E2N 1X6 ��G & D�1r�,� O� June 17,2011 � � a JUN 1 Q 2�11 y n Plannin Adviso C ��0 �� g ry ommittee, �SAIl�•�S City of Saint John, P.O. Box 1971, Saint John, N.B. E2L 4L1 We are writing you to oppose the Rezoning for Gravel Pit Lands Adjacent to 460 Latimore Lake Road. The Applicant Fundy Bay Holdings has requested that the subject site,compromising portions of PID 333385,334599,and 333419, be rezoned from "RF"RURAL to"PQ"PITS and QUARRIES. We have lived in Latimore Lake for 41 years.A big part of the property Fundy Bay Holdings wants to �ezone once belonged to my husband's family. When they sold their property#o the Boyle farnily,there was an agreement that the land was never to be used for a gravei pit.At that time my husband's family were offe�ed a higher price for that property by a gravel pit operator, but they sold the properry to the Boyle family for less money because they did not want a gravel pit on that property. Fundy Bay Holdings own 175 Acres of property @ 460 Latimore Lake Road that they have used for a gravel pit since 1975.While in operation,this pit has caused the residents in our area a great deal of problems. I and other surrounding neighbours could not open our windows due to the fine particulates coming into our homes.Our homes are constantly cavered with dirt.We also cannot hang our cloths out to dry. Our homes have depreciated due to the pits that are in our community.There are:Two Thomas Construction,one Lafarge,and one licensed Fundy Bay Holdings pits that are now in our community. Our health has deteriated due to the siltation in our air that we had to,and still have to breath in every day.We have fears for the safety of our children due to the large gravel trucks that travel on our�oads we also hear constantly the sound off large machinery on the operators pits in our community.Due to 218 1 � the siltation constantly blowing from the pits in our area,we cannot go out-doors to enjoy our property. I have been diagnosed with environmental allergies. My Allergy Doctor asked me if I lived near a gravel pit. In 1999, Fundy Bay Holdings began hauling material from their residential zone property @ 475 Latimore Lake Road.When we called City Hall and asked what was going on at 460 latimore Lake Road, I and other residents in my community were told there wasn't anything going on at that property.We were told by Ciry Manager 7erry Totten,that he had spoken with the owner of that property,and the owner denied that the property was being used for the removal of aggregate.ln tfie meantime, Fundy Bay Holdings continued to remove aggregate from the property at 475 Latimore i.ake Road,as well as their licensed pit at 460 Latimore Lake Road.They were also stock piling the aggregate from 475 latimore lake Road unto their property @ 460 Latimore Lake Road. I began to follow their trucks to see where they were hauiing the aggregate to.They were hauling it to the Wal-Mart Land site. I again complained to City Hall,and they finally realized we were telling them the truth! Instead of giving the company a fine for hauling without a license,Ciry Hafl requested Fundy Bay Holdings appiy for their rezoning.They did apply, but only some residents were notified of the date set for Council. When we appeared at Council,we explained our concerns. Fundy Bay Holdings excuse for hauling from 475 Latimore Lake Road without a license or permit,was because they were depleted @ 460 Latimore Lake Road, and they didn't want to see their men out of work.After hearing the residents'concems and seeing our areal photo's,Mayor and Council refused Fundy Ba�s appl4cation for rezoning. Soon after our meeting at council, Fundy Bay Holdings then proceeded to apply @ P.A.C.,for a temporary permit to continue hauling from 475 Latimore Lake Road.They were given two temporary permits to continue hauling aggregate off their residential zoned property to the Wal-Mart Land site. There was 18 Thousand tons of aggregate removed from this residential zoned property. Fundy Bay Holdings asked my committee to meet with them to discuss the possibility of continuing hauling @ 475 Latimore Lake Road.We agreed ta meet with them.At this meeting,Steven langille was representing Fundy Bay Holdings, his fathers company. His concern was that they were depleted @ 460 I.atimore Lake Road, and he would have to lay-off his men. He needed io keep his operation going at 475 Latimore Lake Road in order to keep hirnself and his workers employed. My committee went back to the residents and we came to the agreement that as long as Fundy Bay Holdings closed down their pit at 460 Latimore Lake Road and rehabifitated that property,we would be alright with them continuing their business at 475 Latimore Lake Road,since they had already extracted from the area,and it would be good for the residents of Latimore Lake to see the 460 pit rehabilitated and shut down so that the wind would not continue to blow particulates on our property and we would not have their trucks corning out from both pits.Another condition was that they rehabilitate as they continue hauling out of 475 Latimore Lake Road,so that we weren't left with a giant mess that was left at 460 Latimore Lake Road. 219 V � They refused to take this offer,and we were told in the future they wanted to blast @ 460 Latimore Lake Road .They are still active @460 Latimore Laice Road, and have not rehabilitated that a�ea. Last week! received a call ftom Steven l.angiile requesting a meeting with the residents to discuss him going to our neighbour's property and extracting aggregate.He again complained they were depleted at 460 Latimore Lake Road and wanted to keep his men working. Steve� heard again that we did not want any more gravel pits in our area. He heard our complaints about what it does to our heaEth,as weli as what it does to the value of our homes. We are also concerned about the amount of trucks that will be on our roads again.We were supposed to have ouc roads repaired two years ago.That has yet to happen! When we attended the meeting on 1une16 @ the Latimore Lake Comrqunity Centre requested by Steven Langille,we again told him our concerns,and asked what he is going to do with the pit @ 460 Latimore Lake Road. We were told the property be(onged to his father. We were also told that there wasn't any gravel ieft for sale on this property. ft only consisted of clay,sand,and dirty gravel that couid not be used for anything. So again we asked him,why would this company keep this pit ope�7 If you want to be a good neighbour, listen to the residents'concerns before coming before us witfi anoti�er plan for another gravel pit, especially on your neighbours property. How long do you plan on using this property?Who is going#o be responsible for the regulating of this operation, Boyle's or Fundy Bay Holdings? Bottom line .This is our community! We need to protect our own investments,which is our homes and our health.This is our retirement package.Our community have been impacted for yea�s due to the pits in our community,especially Fundy Bay Holdings pit. Leave us alone. If you're depleted, move on to an area that does not have resiclential homes around it.We have dealt with this company in the past with their greed and selfishness.They are not interested about our concems,only about their own interest.We do not want another gravel pit in our community, regardless of any company that wants to extract material for sale!We want some quality of life back in o�r community. Ten years has passed by, and we continue to hear activity coming from their licensed pit at 460 Latimore Lake Road, but again have been told that this pit is depleted,but it still hasn't been rehabilitated. We were under the understanding that once a pit was depleted,the land was to be rehabilitated and put back to its original use.This does not seem to be happening @ 4fi0 Latimore Lake Road.So that tells us this company must have future plans for this area. We were aware of aggregate being removed for The Latimore Lake Estates, but this is only intended for two yea�,and for the purpose of new homes. I hope you can understand why we do not want any more pits in Latimore Lake.We have had enough! We ask you to Please take our concerns into consideration and refuse this application, and give us back some quafity of life. Thank-you;i� ��%�' �� f /?� Tim and Ocfette McGrath 220 � • Jun. 16. 2QS1 4:21PM D�' �'y Cnterprises �06-69b--2288 �lo. b483 P. � � ' ��v�h �-1cY r�nq .J �r1c � P , � �� 1�� . �� •�ry 1 ��r� � y 1 �� . � �� V 1�.� � � � . � 221 , Jun, 16. 2Q11 4:21PM Debly Enfero��ses 506-69b-2286 No. 6483 P. 2 . � I Dear 51r or Madam, My name 1s Hablb Debly anc!1 1[ve at B30 Latimore lake Road with my wi(e[ara and our four chlidren which renge in age from Four years old to fourteen years oltl. We have lived at this lotation for approxlmately nfne years and prior to that we spent ffve years searching For tfie right rural location to raise our�hildren. At one point duringthls time we looked at a house and garage on Lackle Raad which was prlced well below other comparable properties. When we arrived to fook at it we immediately noticed the loud noise of constniction equipment and rocks crushing agatnst skee{,posslbly a rock crusher or a screening plant? The second thing we noticed was a heavy fllm of brown grlt and dust all over the wlndows and slding of the house. We qulckly realized tFut we would not raise our family here, regardless oi the lesser price. We did like the rura!setting of Latlmore Lake and its proxirnity to the malls etc.,and declded to laok fpr another property In the area. As we contlnued our search we found a property that is now our current famlly home where�onstructlon and dust was nnt an fssue as the nolse from Fundy Bay$and and Gravel was only faint. Our property is zoned residential and farming. It is bome to cows,sheep,goass,chlckens and pigs. We attiVely use 500 meters of our property,from the road going back towards the rear. We flave construc[ed a shale road about ttils lengtfi and are almost done constructing a pasture whlch goes to the end of thfs road. 7hls shale road was constructed hecause we plan to bulid a retirement home in the back field and the house would be less than fifty meters from the proposed gravel pit. At that point in tlme,one of our chlldren would take over the farm. We Intend an keeping this(amlly farm In our famlly for generatlons to come and even[uafly the entire one hundred acre parcel will be used for famlly and Farming. We have noticed that due to the elevation of our propertles that we get more wlnd than most other locatlons. Due to the locations of the Bay oE Fundy we get a iot of winds that blow from the rear of the property where tfie proposed pft would be sftuated. This can be proven by looking at the cedar shingfes on the rear of the house. They are extremely dark and weather beaten compared to the ones on the fron[of the house,which are only moderately weathered. W1th this informatian In mind we feel that thfs would put us In llne with af I the pollution(noise,diesel fumes,dust,etc.}from the proposed plt. This would be much like living at the end of a diese!etchaust pipe. We have purchased four properties In total]n this immediate area witich total 350 atres plus. Three oF these propertles have houses on them and they have fmmediate family living In them, I spend more time and money every ytar upgreding,Improving,landscaping and adding such things as barns and sheds. We also spend a greai deal of tlme and money on doing improvements,inslde and out,to these ��'&,��V�L� � �ti �� N � � 20ti1 "'� � �u � o� j��' SA��S 222 � , Jun. lb. 2411 4:21P� 9tb1y Enterarisrs SOb-696-2288 No. 6483 P. 3 i ► propertles. We would most certainly not have purchased these propertles and fnvested In tfiem as we have if the proposed gravel pit had been in eKlstenca. As It stands today,we have a�reat dea!of equity built up In these four propettles. 7he properties are currentty being revEewed by one of the maJor banks fnr financing as the equity in them is being used to fund renovatlons on the fifty rental units that we own throughout the greater Saint John area. My ability to borrow agalnst these prapertles has already become questionabie due to the proposed grevel pit next door as ft will slgnlfitantly Impact the value af these p►operties. �would ifke to make note that we own a laice at the back oF the Fundy Bay Sand and Gravef's existing plt Under hormal conditions,a lake lnside the cicy ilmits would have a falr bit of vafue. Due to the proxim[ty of the two,chere would bfl very litde value to the lake. Fundy Bay was operating before I purchased thfs lake. I was operating our famlly farm{estate}before this application tame In. WRh that bQing safd we are asktng that you do not allow our farm to be turned into another"worthless"lake. In cvncluslon,we feel that opening thls p�k would be a grave fnjustice ta me,my wiFe and to our chlldren. We have Invested a lot oftime and a great deal of money purchasing and Improving our properties to protect the future of our�hildren as well as that af thefr chlldren and w on, our future certainly would not be any where close to what we have dreamed about and pianned on'rf thls praposal is put through_ Thls pit 6el�g opened would severely degenerate our quality of Ilfe. It would also take away From the equlty that we have built up whith In turn wlll cause a negative impact on our ablllry to Improve our reaf estate holdings in the greater Safnt John area. Yours truly, �L�� Hablb Oebly 223 , Jun. 16, 2Q11 4:21PM Debly Enterpr�ses 70b—b46-2268 No, 6483 P. 4 ..,__ The Mortgage PIanners June 15,?A11 Attendon:Habib Debly 'I'his letter u to conGrm thatwe ue cutcently reyuestutg ftnancing fox yotu propexties 1ocaCed oa the Ladmore Iake Road u weIl�s that oE your otha ceel esm�e holdings The lendec ia relying he:vily aa the value o E yo�u pecsonal properry and its ad�oining paccde on thie apphcation. The eeviewla eurrendp on hold vnhl the oue�ome oF the ptoposed grncl pit is ceached as it will have�negative impact on the v4lues of the fotu I.atimvte Lake properiia. Cary Wzbon Ihe Moitgage Pl�nnew 40 Ashbum Road,SeintJoEvi,IB E2I SE2 7'(506)642.8977�F(506)b36-8883 w`vw-��°�6�Dlennma.ca 224 Ocean View Cemetery Inc. 71S Latimore Lake Road SaiotJohn, NB E2N 1X8 Phonc: 506-67G-3564 F:�x:SQG-69G-9221 Junc ;0. 20! l C'it}' uF Saint John f'U I97I Saint John, NI3 E2L 4L I nttention: Mayor and Council Re: Prapo5ccl R�zani►�g- [.a[imore Lake Roa� I'ID 33�38�, 33-�599 and 333419 T�� Whorn It May C'ancern: 1�'c ha��c bce�i inlornied ot�the proposed �oning application 1or lanci adjacent l0 4bU Latimore Lake R��ad �+hich would chan�,e it fram Rural to Pits and Quarries. V4'ith the increasi�i�*development in the City of Sai��t John, we recaenize the need for suppurti�e rl�aterials in the ibrm af�sand and �ravel that is extracted from surmunding lands, l)evclupmenl provides�,trung t1\ hBSC ��'IIICII 1II(rii�s the city to irnprovc and expand on the services it providcs tc� its laxpa�crs. Irt s��mc cases, eztensive rcroning c�n create hardship� F'or the f'amilies whu have b��ilt th�ir homes in areas that �1�ere uri�inallv �oned cither as residenlial c�r rur�tl cc�itimunitie5. As we undcrstand it, thi� �eems t�t hc' lhe case iiu the lamilic:s who reside in thc Latimure Lake area. Their cuncerns regardin�,th��ru�inn uf land, �olluti��n uf�the water tablc, e�cestiiv� nuisc and d��mage t��thc rc�ad��a}' �ecros rele�-ant in this situatiun. VVith s��eral sand and �ra�cl �its already e�peratinL in tht area, therc is a suhstantial an��ti►lt ul�hea�� traftic. lncreatiin�thc �ize oFany oi�th�se aperatiuns ��o��ld c�i�tfiinly in�r�}�sr the imp�ict thes� businesse, ha�c on the dail}� li��cs ul'thc residcnts. Ucean V ie� vteit�orial Gardens has been uperating the cemeter}� li�cate�{ at ?I� l.atimure E.al.e Re�ad since 19��."I�he cemetery propert}� is park-lilce in nature. �vith flat br«n�c m�murials tc� �urnmeme�rate lo�•c;d ones. Many families come to the cemetery an a ciail�� basis,taking time tc� sit c�n th� hznches, �ialk the grounds or»-atch thc�e.ese and ducks in our ponc�. At timcs �re havc cie[iveries h� he��y �ehicics �nc! make a cc�nc:crted effort to ensur� that these deliverics do nol occur �+hen families are in lE1e; cem�te�y ia inter tl�eir loved ones. Thc overall serenity afthe property is an esscntial parl uf nt�r servicc lo otir f�n,�i[��. �rh�s �,r�,posed hy-la�� cl�anbe would extend lhe exis[in�,quarry tu an area beyond a sm��l{ buficr zone acro5s the ruaci Irom the cemetery. Our concern is th�t if work was c�ngoing in that area durinti n�rmai husiness hours, the noisc, dust and inereased heavy tral�tic might be a distractiun tor thc familirs 5ceking some yuiet timc witl� ttieir laved on�;s. VV� respe:ctfully request tltiai yuu �onsider anr pc�ssible im�iiCl Ufl ��1C CUI11I11UIlll1 ht:�OCC \l)U iilifl�C �t)Uf deci�iun rcgarding lhe r�roning. Sinrcrely Yo�Ers. �:�/� ,------»- � �._._.- ��- / l�,n} E3u�kle� ' i�l an a�,er 225 Ocean View Cemetery Inc. 715 Latimore Lake Road Saint John, NB E2N l X8 Phone: 506-696-3565 Fax:506-696-9221 June 30, 2011 City of Saint John PO 1971 Saint John, NB E2L 4L 1 Attention: Mayor and Council Re: Proposed Rezoning– Latimore Lake Road PID 333385, 334599 and 333419 To Whom It May Concern: We have been informed of the proposed zoning application for lai�d adjacent to 460 Latimore Lake Road which would change it from Rural to Pits and Quarries. With the increasing development in the City of Saint John, we recognize the need for supportive materials in the form of sand and gravel that is extracted from surrounding lands. Development provides a strong tax base which allows the city to improve and expand on the services it provides to its taxpayers. tn some cases, extensive rezoning can create hardships for the families who have built their homes in areas that were originally zoned either as residential or rural communities. As we understand it,this seems to be the case for the families who reside in the Latimore Lake area. Their concerns regarding the erosion of land, pollution of the water table, excessive noise and damage to the roadway seems relevant in this situation. With several sand and gravel pits already operating in the area, there is a substantial amount of heavy traffic. Increasing the size of any of these operations would certainly increase the impact these businesses have on the daily lives of the residents. Ocean View Memorial Gardens has been operating the cemetery located at 715 Latimore Lake Road since 1955. The cemetery property is park-like in nature, with flat bronze memorials to commemorate loved ones. Many families come to the cemetery on a daily basis,taking time to sit on the benches, walk the grounds or watch the geese and ducks in our pond. At times we have deliveries by heavy vehicles and make a concerted effort to ensure that these deliveries do not occur when families are in the cemetery to inter their loved ones. The overall serenity of the property is an essential part of our service to our families. This proposed by-law change would extend the existing quarry to an area beyond a small buffer zone across the road from the cemetery. Our concern is that if work was ongoing in that area during normal business hours,the noise, dust and inereased heavy traffic might be a distraction for the families seeking some quiet time with their loved ones. We respectfully request that you consider any possible impact on the community before you make your decision regarding the rezoning. Sincerely Yours, --__- �--__.—�--.. l�.__. � Tony Buckley �-._ _ Manager 226 ID . I BY-LAW NUMBER M-30 ARRETE N°M-30 A BY-LAW TO AMEND A BY-LAW ARRETE MODIFIANT L'ARltETE RESPECTING UNSIGHTLY PREMISES AND CONCERNANT LES BATIMENTS ET HAZARDOUS BUILDINGS AND STRUCTURES INESTHETIQUES OU STRUCTURES WITHIN THE C1TY OF DANGEREUX DANS THE C1TY OF SAINT SAINT JOHN JOHN Be it enacted by the Common Cou��cil of Le conseil communal de The City of Saint John The City of Saint John as fol lows: edicte : A by-law of the City of Saint John entitled Un arrete de The City of Saint John, intitule "A By-Law Respecting Unsightly Premises and « Un arrete concernant les batiments et structures Hazardous Buildings and Structures Within Tlie inesthetiques ou dangereux dans The City of Saint City of Saint John" enacted on the 30`�` day of July, John » edicte le 30 juillet, 2007 est modifie comme 20Q7 is hereby amended as follows: suit : 1 Section 2 of the by-law is repeaied and the l l'article 2 de 1'arrete est abroge et remplace following substituted: par ce qui suii : "2 The Common Councif hereby «2 Le conseil communal declare par declares that Sections 190.001 to ]90.07 of la presente que les articles 190.001 a the Mu�ricipalities Ac! of the Province of 190.07 de la Loi sur les Murticipalites de la New Brunswick, including for �reater province du Nouveau Brunswick, y inclut certainty, those provisions contained in an les dispositions de la Loi ruodr�ant la Loi AC! !o Ante�rd the Mi�nicrpalities Acl c. 30, su�• le.S I)JtQlICI�QIIJC's, c. 30, L.N.B. 2Ql 1, S.N.B. 20l 1, shall apply to the entire area s'appliqueni a toute la region consituant tlie comprising the City of Saint John.'' City of Saint John.» IN WITNESS WHEREOF The City of Saint Jolin EN FOI DE QUOI The City of Saint John a fait lias caused tl�e Common Corporate Seal of the said apposer son sceau communal sur le present arrete le City to be affixed to this by-la�v the day of 2011, avec ]es signatures , A.D. 201 1 and signed by: suivantes : Mayor/Maire Common Clerk/Greffier comtnunal First Reading - June 20`�, 2011 Premiere lecture - le 20 juin Second Reading - June 24`�',201 1 Deuxieme ►ecture - le 20 juin Tl�ird Reading - Troisieme lecture - 1 227 �D. 2 BY-LAW NUMBER MV-10 ARRETE N° MV-10 A BY-LAW TO AMEND A BY-LAW ARRETE MODIFIANT L'ARRETE RELATIF RESPECTING TRAFFIC ON STREETS IN A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JQHN MADE UNDER THE CITY OF SAINT JOHN EDICTE THE AUTHQRITY OF THE MOTOR CONFORMEMENT A LA LOI SUR LES VEHiCLE ACT, 1973,AND AMENDMENTS VEHICULES A MOTEUR(1973)ET THERETO MODIFICATIONS AFFERENTES Be it enacted by the Common Council of Lors d'une reunion du conseil municipal, The City of Saint John as follows: The City of Saint John a decrete ce qui suit : A By-law of The City of Saint John Par les presentes, 1'arrete de The City of entitIed "A By-law Respecting Traffic On Streets Saint John intituie « Arrete relatif a la circu]ation In The City of Saint John Made Under The dans les rues de The City of Saint John edicte Authority of The Motor Vehicle Act, 1973, and conformement a la Loi sur les velrie:des a r�ioJeur Amendments Thereto", enacted on the 19'h day of (]973} et modifications afferentes », decrete le 19 December, A.D. 2005, is hereby amended as decembre 2005, est modifie comme suit : follows: 1 Schedule R— List of Streets Excluded from 1 L'annexe R—Liste des rues exemptes de la Winter On-Street Parking Restriction -- is amended restriction de stationnement sur rue pendant I'hiver by deleting the following words under the —est modifiee par la suppression des mots suivants following headings: sous les titres suivants: Streets Limits Rues Limites Champlain St. Charlotte Street West to rue Champlain de la rue Charlotte ouest au Maple Ro�v rang Maple 2 Schedule R— List of Streets Excluded from 2 L'annexe R — Liste des rues exemptes de la Winter On-Street Parking Restriction -- is amended restriction de stationnement sur rue pendant I'hiver by adding the follo�ving words under the following — est modifiee par 1'adjonction des mots suivants headings: sous les titres suivants: Streets Limits Rues Limites Champlain St. Maple Raw to Duke Street rue Champlain rang Maple a la rue West Duke ouest IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint Jahn a fait has caused the Corporate Common Seal of the said apposer son sceau municipal sur le present arrete City to be affixed to this by-law the day of le juin 201 l, avec les signatures suivantes : June, A.D., 2011 signed by: Mayor/maire Common Clerk/greffiere communale First Readin� -lune 20, 20 i ] Premiere lecture - le 20 juin 201 l Second Reading -June 2d, 201 l Deuxieme lecture - le 20 juin 2011 Third Reading - Troisieme lecture - 228 ��' � �� < �� ;��4 �� x-�-`�-x Yix c7tv a{Sa�n[lann June 27, 2011 Your Worship Mayor Ivan Court and Members of Common Council Subject: High Voltage Lines on Westside A meeting was held the first of last week at a home that faces the beautiful Bay of Fundy by a rather large group of concerned residents on the West Side with myself, MLA Shepherd and MLA Killen. They are concerned about NB Power erecting high voltage lines on poles along the NB Southern Railway line from Simms Corner to the Port of Saint John, which follows the well used walking trail that many West Siders use. Some of their concerns are the safety and ongoing noise issues that may arise from this project as well as the resale value of their homes and the loss of their view of the Bay of Fundy. All these residents are asking for is that NB Power bury these lines. It has come to my attention that the City of Saint John has some ownership of this property that this high voltage line will be erected on and therefore may have some valuable input on the continuance of this project. The residents as well as myself would like to see this project move ahead because of the jobs and economic spinoffs it will have for our community. They just do not want to have any safety concerns or lose the value of their investment of their homes. Motion: That any staff involved with this project meet with these residents so they can be fully aware of these citizens concerns and address these concerns with NB Power and the industry involved with this project and do everything in the City's power to have this high voltage line buried in ground instead of on poles. Respectfully Submitted, (received via e-mail) Bill Farren Councillor The City of Saint John �� . Sr�1�lTJONh1 P.O.�ox1�71 5air�t;ahn, NB C�n��a E2L�L1 I �.wv,�v.sain�j[�h�'.La C.�. �9�15��ntJ�hn.N.-�.C�nadc� F��4L1 � 229 ��' � �� < �� ;��4 �� x-�-`�-x Yix c7tv a{Sa�n[lann June 27, 2011 Your Worship Mayor Ivan Court and Members of Common Council Subject: Seaside Park Stairs It has recently been brought to my attention that the stairs from the Seaside Park that lead to the beach on the West Side have been damaged and have been in need of repair for a couple of years. This Park and set of stairs have been a long time pleasure that West Siders have used and enjoyed for many years. Staff have indicated that there are no plans to repair the stairs this year because funds have not been allocated. I believe that this Council has done a lot to improve the quality of parks in our City and would we have known the need of repairs in our budget deliberations funds would have been allocated for repairs. Motion: That staff, through the City Manager, look at every option to find the funds for these needed repairs and report back to Council as soon as possible so these repairs can move ahead in this year. Respectfully, (received via e-mail) Bill Farren Councillor The City of Saint John �� . Sr�1�lTJONh1 P.O.�ox1�71 5air�t;ahn, NB C�n��a E2L�L1 I �.wv,�v.sain�j[�h�'.La C.�. �9�15��ntJ�hn.N.-�.C�nadc� F��4L1 � 230 ��' � �� < �� ;��4 �� x-�-`�-x Yix c7tv a{Sa�n[lann June 27, 2011 Your Worship Mayor Ivan Court and Members of Common Council Subject: Morna Heights School Your Worship a large number of community minded residents of the Morna, Ketepec, Belmont and Martinon area of our city are fighting to keep their community school open for the education of their youth and betterment of their community. At a recent community meeting they held with their MLA Dr. Parott, he explained that he wanted them to put their thoughts and concerns to the education board and Provincial Government. He explained that to do so may help in the decision of whether or not the Morna school would be left open or closed. If this school is closed it will be a huge blow to this area of our City and to the Plan SJ work that our staff has almost completed with the investment of over one million dollars that the tax payers of our City have spent to move this plan that will guide our City forward. Motion: That Common Council send a letter to the Education Board, the Minister of Education, the Minister of Finance, MLA Dr. Parott and the Save the Morna Heights School that spells out very clearly our City's concerns and the effects of the pending closure of the Morna Heights School to our community. Respectfully Submitted, (received via e-mail) Bill Farren Councillor The City of Saint John �� . Sr�1�lTJONh1 P.O.�ox1�71 5air�t;ahn, NB C�n��a E2L�L1 I �.wv,�v.sain�j[�h�'.La C.�. �9�15��ntJ�hn.N.-�.C�nadc� F��4L1 � 231 Citti� Hall P.o. Bo� 1�71 15 ,1�iarket Square Saint Joh�l Ne�ti� Bruns��•ick Canada E2L 4L1 July 4, 2011 �' ° �� U �� rOkJyH1��^ �UOa��4qW Mayor Ivan Court and City of Saint John Members of Common Council Your Worship and Councillors, Re: Council Reduction There is a requirement in the Municipalities Act that a change in the system of election be adopted by bylaw and filed with the Chief Electoral Officer at least six months prior to the next municipal election (May 2012). Considering our current economic challenges, Council has directed our City Manager to review all aspects of City administration and staff to ensure efficiency and a cost effective delivery of services to our citizens — "do more with less". With this in mind, it is my submission, we can do our part, be supportive of this process and in fact take the lead. Considering our current system, population, and future direction, I would suggest we reduce Council by four. The savings would be significant and said savings would be put towards our core services. Motion: RESOLVED that the City Solicitor be directed to prepare a draft bylaw amendment which would reduce the number of Councillors elected by four. Council may of course choose to reduce and shape the reduction and the resolution can be amended accordingly. Respectfully Submitted, Chris Titus Councillor 232 1� ��' City� Hall P.O. Box 1971 15 Market Square Saint iohn Ne�v Bruns�sick Canada E2L 4Ll June 30, 2011 � � o Your Worship Mayor Ivan Court & �'� ��M1.' �V�4 Members of Common Council: �,°a°��4,w City of Saint John Issue: Preservation of Morna Heights School Context: (a)another very successful community meeting held at the KBM, (b)approximateiy '{00 concerned residents attended, (c}MLA Dr. Jim Parrot addressed the large audience, (d}residents continue to be very organized and passionate about their school Impo�tant#o note the attendance of Councillor Titus. The support of an "at-large" Councillor lends strong credibilify to the City of Saint John's position on this critical neighbourhood matter. Motion: That this report be received for information. RespectFully bmitted, �G� � eter McGuire Councillor– Saint John � — 233 � [ . 6 City Hall P.o. Box 1971 15 Market Square Saint Jah❑ l�e��• Bruns�vick Canada E2l.4L1 .lune 27. 20l 1 . f �rt His Worship Ivan Court and .��. Meinbers of Common Council - ,�� Your Worship and Councilors: city of Saint 1ohn RE: In�plementation of a Live Webcam Program for the City of Saint John. Overview: As we transition deeper into a technology driven generation it is imporiant that the City of'Saint John cantinue to evolve and progress with available technology. Many communities, includin�, our neighbouring communities (see: the Quispamsis live webcam feed at: www.quispamsis.ca/aripics.htm) have imple�nented live webcam streaming from various locations within their boundaries. Typically chasen are those locations k�iown to be popular far bath local interest as well as tourism. The live steam from the webca�n will allows anyone with internet access to log on to the City website and monitor the usage at a given location giving people an opportunity to see first hand the canditions in real time. Although there are various locations around the city that could benefit from a program such as this, examples of the most notable locations include, but are not limited to, the Rockwood Park, the City Market, Harbour Passage, the Boardwalk, Exhibition Park, Carleton Community Centre, Rainbow Park and our other various parks and, sports facilities. Rockwood Park, our City's "Crown Jewel", and Rainbow Park, one our newest and inost inviting recreation and green spaces, would make ideal locations for the first in a series of webcams in the City. Motion to Refer: That Council refer to the City Manager for a review, recommendation (and if recomn�ended implementation prior to the end of September 2011) on a trial basis the installation and broadcast of a live webcam f'eed from Rockwood Park and Rainbow Park with a view to establishing similar webcam feeds from other popular Saint John locaiions. Yours very truly, Mel K. Norton Councillor Saint John Citv Council � �. .. _ � _. 234 i I .�- Ciri' Hall P.O. Boa 1971 15 lvtarket Square Saint ]ohn Ne�r• Bruns��ick Canada E2L 4L1 June 30, 2011 �,_ ..._ � Your Worshi Ma or Ivan Court & ��+� � P Y �� Members of Common Council: - p„��II uOE��*S /JOn�u�qy Issue: Development of an Annual City of Saint John Award for Property Rehabilitation / Renovation City of Saint John Moving the Urban Growth Continuum from a Negative to a Positive Context: During the recent tour of vacant/derelict buildings with Minister Fitch we were shown properties that owners have rehabilitated. These efforts should be acknowledged / celebrated along the similar policy thinking lines as the annual Heritage Awards. The Heritage Awards celebrate the achievements of property owners/artisans who have demonstrated excellence in heritage conservation over the past year. We are hopeful with new legislation (vacant/derelict) more compliance to rehabilitate properties will ensue. It is hoped that an Annual Rehabilitation / Renovation Award (possible title) might assist in the motivation for additional owners to rehabilitate their properties. I I I I I Vacant & Legislation Compliance Improved City of Saint John dilapidated to rehabilitate Neighborhoods Public Award Property � - Depressed Neighbourhood Motion: That the City Manager, working with key city staff, report back to Council with a report sugges ing a model that would establish an annual City of Saint John award for property r il� atio / renov n. �'�� c' . Respe tfully S mitted, Peter McGuire Councillor— Saint John 235 Citv Hall P.o. Bo� 197] 1 1 S Nlarket Square Saint John \e�� Brtins��ick Canada E2L 4L1 July 4, 2011 -- - � o His Worship Mayor Court, Deputy Mayor Chase ��` ''" And Councillors �� - H o�oP��y Subject: Update on Information/Records Management city of saint John Your Worship, Deputy and Councillors, Purpose: The purpose of this report is to update Council on the advancements made in the Clerk's office over the last few years in the area of Records/lnformation Management and to identify opportunities for improvement. Background: Information is the cornerstone of a democratic, effective and accountable municipal government. Therefore information must be well managed throughout its lifecycle, allowing for an effective and responsive government. The Corporate Strafegic P/an for the City of Saint John has identified a commitment to enhancing customer service by developing an information management strategy that establishes how information is shared, stored and accessed to facilitate better decision-making and planning, responsiveness to the community and accountability through reporting. Since Council's approval of the City's Records Management Policy in 2008, the Clerk's office continues to transfer the City's Archival Records to the Provincia) Archives, managed destruction of redundant records, provided training for departments, and outlined a roadmap for organization-wide electronic management of information. Analysis: Records/lnformation Management Gap Analysis: Information under the control of the City of Saint John records municipal government actions and preserves the City's history. Information supports public reporting, sound planning, and decision making for current and future municipal governments. Because information is a valuable asset, it must be treated as such and that is a responsibility of all employees with ultimate accountability residing with the Common Clerk. Each employee in the city has the responsibility to properly create, capture, manage, and store records which provide evidence of the City's business activities, decisions or transactions in accordance with the Municipal Records Authority(MRA) and the City of Saint John's Records Management Policy. 236 2 The Mayor and Councillors' personal and/or political records are not considered official records of the city. These records are the individuals' personal property and may be disposed of as the individual sees fit. Records of the Mayor and Councillors that provide evidence of the City's operations are considered official records. Each department of the city has been managing its records using various methods in paper format throughout its history. In order to bring some consistency and a controlled and systematic approach to our records the Clerk's office needed to determine the current state of record keeping in the City. To this end we engaged APT Consulting last winter to perform a Records/Information Management Gap Analysis based on international standards 9001/1548. A summary of this gap analysis which was shared with department heads revealed that improvement opportunities abound. Some consequences of these gaps are exposure to liability, storage and storage management costs, increased employee resources searching, e- discovery expense, poor customer service, not to mention the exponential growth of uncontrolled records and information as capacity to manipulate information increases. The complete gap analysis is attached to this report; some of the gaps are summarized below: - Organizational retention management policies are not followed - Key departmental records coordinator positions were not always adequately filled - Lack of resources and multiplicity of responsibilities for records coordinators - Paper processes are not consistent across the city - e-mails that are records are not disposed of according to the MRA - City does not have a single organization wide electronic records management system - Records management is not integrated into the human resource processes and is applied differently between and among departments - Records management is not considered in the design, development, and implementation of information systems. - Information technology systems have not been consistently scheduled - There are differences in the way certain RM processes are implemented - There are inadequate documentation of processes We expect that the electronic records/information management project (SJIM) will address many of the gaps listed above. This project is considered in the next section. Saint John Information Management Project (SJIM): Consistent with the strategic commitment to enhancing customer service noted above, we have implemented a complete electronic system of record keeping in the Clerk's office with the goal of assisting all city departments to implement an electronic system for their records and information. Using SharePoint 2010, a technology already purchased by the city, we are now ready to proceed with testing the feasibility of implementing an electronic system throughout the city (SJIM). Not only will this electronic system advance the organization to achieve effective control of the city's records and information to improve customer service, it will also reduce liability, address storage issues, and bring the city closer to compliance with legislation. Records/information management has emerged into a complex field with the increased capability of information technology, and continues to be a dynamic area requiring cutting edge 237 3 knowledge managers to keep up with the emerging developments in the field. We are fortunate to have on staff the Corporate Records Manager and the Privacy, Access, Records and lnformation Management Officer who are competent and dedicated knowledge managers able to lead this major project for the City. Under the direction of the Corporate Records Manager, we are now working in the second stage of the SJIM project aimed at achieving an electronic records/information management system for the entire city. The controlled organization of records involves asking people to change many years of habits and methods of doing business and requires cooperation from senior management and all staff. As you will realize this is no small endeavor. The planning sfage for SJIM has been ongoing for over one year, and with the support of IT and involvement from all departments, we are ready to move into the proof of concept stage which will lead to a pilot testing two departments, Finance and Municipal Operations. The next step following the pilot will be to evaluate and determine if we are ready to proceed with a phased approach to rolling out to all departments. We expect this to take approximately two years. The movement in governments and corporations from paper records to electronic has been occurring for many years, and although experts tell us that we are more than 10 years behind the times, we are the first large municipality in the province to have at least some conversion to electronic. Library and Archives Canada is establishing a system whereby within eight years it will not accept transfers in paper format. I have attached the APT gap analysis report which includes the legislation governing records/information management and the implementation plan for SJIM presented by LNW Consulting, a firm expert in the implementation of electronic records/information systems. Conclusion: lnformation must be rigorously managed throughout its lifecycle, regardless of inedium or format, for as long as it is required by business units and the city to meet their operational and fiscal responsibilities, legal obligations, and accountabilities. This means ensuring that strategies are in place to ensure that information is current, complete, and accurate. Sound stewardship means that business needs and associated information technology applications must align with the legislative environment that controls privacy, access, records and information management. Recommendation: That this report be received for information. RespectFully submitted, Elizabeth Gormley Common Clerk 238 � ��II�T J�HI� City of Saint John, NEW BRUNSWICK Office of The Common Clerk Records Management Segment Gap Analysis and Strategic Improvement Opportunities Version 1 March 14, 2011 Prepared by: APT Services Limited 6623 South Street Halifax, NS, B3H 1V3 239 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Executive Summary The ISO Records Management (RM) Segment Gap Analysis and Strategic Improvement Opportunities Report (the Report) was conducted to provide a baseline of the current RM status in the City and to suggest improvements. The Report submits that the current RM initiatives do have adequate corporate policy and are not supported by corporate resources. Major and compelling RM issues addressed in the Report are gaps in email management, scheduling of IT systems for RM compliance, employee awareness, and continuity of operations during an emergency. APT SERVICES Limited March 4,2011 2 240 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Table of Contents 1 Introduction Page 5 1.1 Vision Page 6 1.2 Records Management Goals and Objectives Page 6 1.3 Document Overview Page 7 1.4 Key Records Management Drivers, Policies, Procedures Page 7 1.5 Context for media-neutral records Page 9 1.5.1 Context for Electronic Records Management Page 9 2 Records Management Governance Stucture Page 11 2.1 Baseline Page 11 2.2 Gaps Page 11 2.3 Target Vision Page 11 3 Business Process Consistency Page 12 3.1 Baseline Page 13 3.2 Gaps Page 14 3.3 Target Vision Page 14 4 Paper records Page 15 4.1 Baseline Page 15 4.2 Gaps Page 15 4.3 Target Vision Page 15 5 Electronic records Page 16 5.1 E-mail Systems Page 16 5.1.1 Baseline Page 16 5.1.2 Gaps Page 16 5.1.3 Target vision Page 17 5.2 Document repository, Web Content, and Correspondence Management Systems Page 18 5.2.1 Gaps Page 18 5.2.2 Target vision Page 18 5.3 Records Management Systems Page 19 5.3.1 Baseline Page 19 5.3.2 Gaps Page 19 5.3.3 Target Vision Page 19 6 Scheduling of IT Systems Page 20 6.1.1 Baseline Page 20 6.1.2 Gaps Page 20 6.1.3 Target Vision Page 20 7 RM Integration with other Enterprise Processes Page 22 APT SERVICES Limited March 4,2011 3 241 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 7.1.1 Human Resources(HR) Page 22 a) Baseline Page 22 b) Gaps Page 22 c) Target Vision Page 22 7.1.2 Capital Planning Page 22 a) Baseline Page 22 b) Gaps Page 23 c) Target Vision Page 23 7.1.3 Enterprise architecture Page 23 a) Baseline and Gaps Page 23 b) Target Vision Page 23 7.1.4 Information Security Page 23 a) Baseline and Gaps Page 23 b) Target Vision Page 23 7.2 Continuity of Operations (COOP) Page 24 a) Baseline Page 24 b) Gaps Page 24 c) Target Vision Page 24 7.3 Right to Information and Protection of Privacy (RTIPPA) Page 24 a) Baseline Page 24 b) Gaps Page 24 c) Target Vision Page 25 8 Record Management System Audits Page 26 8.1.1 Baseline and Gap Page 26 8.2.2 Target Vision Page 26 9 Other Gaps and Opportunities Page 27 9.1 Resources Page 27 a) Baseline and Gaps Page 27 b) Target Vision Page 27 9.2 Training Page 27 a) Baseline and Gaps Page 27 b) Target Vision Page 27 9.3 Unique Records Schedules Page 28 a) Baseline and Gaps Page 28 b) Target Vision Page 28 10 RM Segment Development Next Steps Page 29 APT SERVICES Limited March 4,2011 4 242 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 1 Introduction A Records Management Program (RMP) provides the City of Saint John (the City) with requirements and procedures to create and preserve adequate and proper documentation in all media of all transactions of the City. Official records created and received are the property of the Municipal Government. The RMP needs to comply with the Archives Act as well as ISO 15489, and other applicable laws and regulations, and is defined as a planned, coordinated set of policies, procedures, and activities needed by the City to manage its records. As Canada's oldest incorporated city and New Brunswick's largest municipality, the City of Saint John has been providing municipal services to local citizens for more than two centuries.The Corporation offers a wide range of services, as determined and directed by an elected Mayor and Council. The Mayor and Council have the benefit of receiving independent professional advice from the City Manager on policy issues, from the City Solicitor on legal issues, the Common Clerk on procedural matters and from the Commissioner of Finance on financial issues. This separate reporting relationship of each of these positions is rather unique in a Canadian setting. However, it does ensure that elected officials receive the best advice possible. The City Manager is the Chief Administrative Officer of the City and has responsibility for overseeing the various City departments and divisions as they serve the needs of the citizens of the City. The City Solicitor manages the legal affairs of the corporation of the City, providing legal advice to Common Council and to the administration, in addition to representing the City in legal proceedings. The Common Clerk is the official link between the Council and the public. The Clerk is responsible for creating, maintaining and protecting the official and permanent records of the City. The Clerk is also the official signing officer for the City and the designated Head for Right to Information and Protection of Privacy (RTIPPA) requests. The Commissioner of Finance is the chief financial and accounting officer of the City, in addition to the Treasurer of the City. The Commissioner of Finance is responsible for managing the City's strategic financial planning and projections, including economic forecasts and financial results, and for guiding Council in major financial decisions. The City has approximately 12 Records Coordinators servicing over 21 Records Groups. Records Coordinators are assigned by the department head and the RM duties performed are in addition to their regular job description. Each Records Group identifies the unique records created by the approximately 700 city-wide employees and contractors assigned to perform the duties associated with each Records Group. There are 7 Operating Divisions and 25 Departments (D/OPDIVs) that perform the mission-critical functions of the City under the the direction of the City Manager. The Corporate Records Manager is responsible for overseeing the design, implementation and maintenance of the Records Management System as well as monitoring compliance. APT SERVICES Limited March 4,2011 5 243 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities In an effort to ensure standardization and compliance, the City contracted APT Services Limited to conduct a Records Management Gap Assessment from February 8-11, 2011. The goal of the Gap assessment was to identify areas where records management practices were needed to continually improve the City's RMP and identify potential program improvement action plans. One of the specific actions of the Gap asessement was to prepare a RMP evaluation, reporting the strengths and weaknesses. This gap analysis is a step in the City's RMP development methodology. The City `s RMP encompasses records management functions, processes, formats; and data and technology adopted by the City and each operational division and/or Department, in their current and future (envisioned) state. The City's Records Management development effort will assist in broadening and solidifying the scope and related activities of the City's RMP through an iterative cycle of assessment, visioning, and process improvement. The first iteration of the Records Management analysis focused on capturing City's "as-is" RMP and contrasting it to its desired "to-be" state. A Records Management Integrated Project Team should now focus on analysing the identified gaps and putting forth a roadmap to address them and to systematically document and prioritize the RMP needs. This will ensure that the optimized business processes and the supporting systems and data will enable the City's RMP to meet the requirements and goals set forth in the Archives Act, ISO 15489, and other applicable laws, acts and regulations, in a most efficient and effective manner. The development of the vision, goals, and objectives of the City's RMP are provided in the next section. 1.1 Vision The vision for the Records Management Segment is to establish for City, as a best practice, a common City-wide records management process and lay the groundwork in establishing a MRA/ISO 9001/15489 compliant electronic records management system, thereby securing and providing access to the City's historical data and ensuring timely management, retention and appropriate disposition of records. The City will facilitate the quality, coordination, effectiveness, and efficiency of the operations of a Enterprise-wide electronic records management system. The City's vision is to establish a RMP that will allow it to move forward with the research, testing, pilot, and eventual implementation of an electronic records management system. 1.2 Records Management Goals and Objectives The Records Management Segment will provide for a comprehensive and systematic architecture of the Records Management Strategy at the City, with the goal of building a RMP that safeguards vital information and preserves institutional history and memory, enables responding efficiently to information requests, ensures regulatory compliance, and establishes an Enterprise-wide awareness of records management responsibilities for every employee, contractor, intern, manager, executive and political appointee. To this end, the City's RMP should promote the following specific objectives: 1. Use the RMP as the common City-wide framework for identifying City's records management requirements. By combining the City's RM policies and procedures with the foundation of the IS09000/15489 standards and reference models, the City of Saint APT SERVICES Limited March 4,2011 6 244 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities John Records Management Segment will promote a standardized means of implementing the RMP for the organization. 2. Identify records management issues and requirements and link them to their implementing technologies and business processes. The RMP will support the evaluation of records management issues and requirements during the City's planning processes, specifically before the implementation of systems and supporting processes. 3. Build records management requirements into IT governance processes for capital planning, enterprise architecture, business process design, continuity planning, and the systems development life cyc/e. The RMP will be a useful guide for building records management requirements into IT governance processes for capital planning, enterprise architecture, business process design, and the systems development life cycle. 4. Establish a concise and coherent body of records management resources that places this information in the proper context within the Municipal/Provincial Enterprise Architecture. The City's Records Management Segment will provide a concise knowledge-base that will inform and guide City's decision-makers. 1.3 Document Overview This document identifies gaps and strategic improvement opportunities analyzed at the City. Each section of this document presents the following topics: - Baseline — Each baseline sub-section provides an overview of the current RM state at the City. - Gap — The gap section describes various RM mandates and requirements. A gap is an area where City is not adequately meeting the requirements. Gaps can also be interpreted as improvement opportunities to move the RMP forward. - Target view — The target view sub-section provides a high level direction to address gaps and improvement opportunities. This document does not provide milestones and solutions to the identified gaps. The next step required will be to define the steps needed to remedy the gaps. See section 10 for the next steps in the RMP development The findings and recommendations in this document reflect the results of the gap analysis undertaken during a four day period. Through interviews, meetings, policy and document reviews, and surveys, gaps have been identified. Resolution of these gaps should help represent the high-priority targets for the RMP during the current and subsequent year(s). The findings and recommendations are intended to help drive the target approach in terms of initiatives, program direction, investments, and priorities related to the RMP. The target approach will assist in driving the development of the future business case and assist in securing necessary funding for the successful implementation of the RM transition roadmap. 1.4 Key Records Management Drivers, Policies and Procedures Records and information are of fundamental importance to the efficient conduct of public business. They document decisions, transactions and administrative procedures, serve as the "official memory" of the municipality, and form the basis for future decisions. Records must be readily accessible, authentic, protected and disposed of appropriately. APT SERVICES Limited March 4,2011 7 245 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Records management is the systematic control of records, whatever their format, from creation to final disposition. A variety of factors are causing municipalities to take a renewed interest in records management. These include administrative changes resulting from amalgamation, budget restraints requiring close attention to efficiency, legal claims against municipalities that can only be served by adequate documentation, and right to information and privacy concerns. Increased dependence on the use of information systems means that all organizations are faced with issues relating to the management of electronic records. The Archives Act designates the Provincial Archives responsible for the preservation of government records. In 1987, the Archives introduced a document entitled Authorities Governing the Retention & Disposition of Records of the New Brunswick Municipalities. Since then, the municipal governments have undergone many changes, and it became evident that the 1987 document no longer met their needs. The Provincial Archives, with the assistance and cooperation of a committee of municipal clerks and administrators, developed a new subject classification plan and retention schedule. This document, the Municipal Records Authority (MRA) 2004, was first released in 1998 and provides a current, comprehensive file plan and retention schedule. It enables consistent handling and efficient use of municipal records, and ensures that records of long-term value are identified and protected. The Recorded Information Management Unit of the Provincial Archives of New Brunswick publishes policies, standards, and procedures to assist all New Brunswick government organizations in implementing effective practices when managing records and information. Table 1 Records Management Drivers Legislation and Laws Relating to Records Management Charter of The City of Saint John, 1785 (U.K.) geo. III Municipalities Act, R.S.N.B. 1973, c.M-22 Community Planning Act, R.S.N.B. 1973, c.C-12 Official Languages Act, S.N.B. 2002, c.0.0.5 Archives Act, R.S.N.B. 1973, c.A-11.1 Public Records Act, R.S.N.B. 1973, P-24 Electronic Transactions Act, S.N.B. 2001, c.E-4.6 Evidence Act, R.S.N.B. 1973, c.E-11 Protection of Personal Information Act, S.N.B. 1998, c.P-19.1 Personal Information Protection and Electronic Documents Act, R.S.C. 2000, c.5 Standards Relating to Records Management CGSB-72.11-93 - Microfilm and Electronic Images as Documentary Evidence, Canadian General Standards Board APT SERVICES Limited March 4,2011 8 246 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities CGSB-72.34-2005 - Electronic Records as Documentary Evidence, Canadian General Standards Board ISO 15489-1:2001 — Information and Documentation — Records Management— Part 1: General, International Organization for Standardization ISO 15489-2:2001 — Information and Documentation — Records Management— Part 2: Guidelines, International Organization for Standardization ISO 19005-1:2005— PDF/A, International Organization for Standardization ISO 23081-1:2006— Records Management Metadata, International Organization for Standardization 1.5 Context for media-neutral Records The ISO 15489 approach to recordkeeping is media-neutral. This means that records management practices apply to records of all type and media. This media-neutral approach supports the current multimedia mixed format reality and indicates that records schedules and file plans are applicable for any records regardless of the media type. The Provincial Archives Act and the Municipal Records Authority (MRA) defines a record as recorded information, regardless of inedium, created or received in the course of business, and maintained as evidence of such activity. As per the Archives Act a record is: - correspondence, memoranda, completed forms and other papers and books; - maps, plans and charts; - photographs, prints and drawings; - motion picture films, video tapes and microfilms; - sound recordings, magnetic tapes, computer cards and other machine readable records; - all other documentary materials regardless of physical form or characteristics. The physical form of a record is irrelevant; it is the content that determines whether or not it is a record, not the medium on which it is stored. 1.5.1 Context for Electronic Records Management To paraphrase the US National Archives and Records Administation (NARA) in its Context for Electronic Records Management(ERM), electronic, or machine-readable records, are records on electronic storage media. APT SERVICES Limited March 4,2011 9 247 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities F�e�.�i•�js h�lar�tl�t`�ltf'Il� { E�A�'�� Tr�c�it�onal�N� �lectron�c Re�ard� � I�i��t�gei7�eut[ER]�I� � � � A T r� O �lectr�ni� �J �1 �i;'��,-<<s keepl�� '8' (4=.FZiC 1 L T E � ��[�fi��r-,+!�edrra� ��lf�frr�r�rf{�r�r'Y� Figure 1 Context for Electronic Records Management (ERM) As denoted in the above figure, RM, is the rubric "umbrella term" for the discipline managing the records documenting an organization's activities. Records Management activities subsumed under the umbrella may be accomplished in either a manual or automated manner. This is denoted in the bifurcation at the next level down in the diagram. When Records Management activities are manual, this is the traditional approach to Records Management. Automated Records Management activities are referred to as electronic Records Management (ERM). It is important to note that the electronic in ERM refers to automation, not to the nature of the record media. It is entirely possible to have manual processes and procedures to handle electronic records (e.g., shelf lists of boxes of floppy disks). Conversely, it is possible to have automated procedures to manage paper records (e.g. bar coding, etc.). Electronic Records Management simply implies automation of records management processes and procedures. APT SERVICES Limited March 4,2011 10 248 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 2 Records Management Governance Structure The analysis in this section relates to the City's governance structure and communication needs within the City's Records Management (RM) functions. 2.1 Baseline In the Municipal Records Management governance structure, the Municipal Records Authority (MRA) is the governance body that provides guidance and training for all Municipal RM functions. MRA reviews municipal records schedules through its records appraisal function, and provides the legal authority for records disposition instructions. As indicated in the Records Management Policy for the City of Saint John, the responsibility for establishing a program to ensure compliance with applicable Provincial/Municipal laws and guidelines has been delegated to the Corporate Records Management Office of the Common Clerk. The "Office of the Common Clerk is responsible for providing the leadership, planning, overall policy, guidance, and general oversight of records management in City, and its incorporation into the broader information resources management framework. The Records Management responsibilities for the Departmental/Divisional Records Coordinators , Secretaries, Directors, Administrators, Chair of the Department's Appeals Board, Information Technology, City Counsel, Office Directors, and all City employees are stated in the Policy. 2.2 Gaps As indicated in the City of Saint John Records Management Gap Assessment, key Records Coordinator positions were not always adequately filled or the duties were assigned as an additional or co-lateral duty. These co-lateral duty assignments many times were made without a determination of qualifications and/or without providing appropriate time resources for fulfillment of their duties. 2.3 Target Vision Establishment of a Records Management Steering Committee and appropriate Records Management performance measures will be required to improve Records Management accountability throughout the Departments and/or Operational Divisions. The next goal should be to extend the records management performance element to all employees, thereby reinforcing the Records Management governance structure. A better integration of Records Management in the daily organizational processes, ongoing communication and training will provide the knowledge necessary to implement the targeted governance. APT SERVICES Limited March 4,2011 11 249 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 3 Business Process Consistency Business processes define the sequence of activities that a group performs to create a repeatable set of actions to achieve measurable results. The business process consistency is a functional gap that will be needed to analyze how the Records Management (RM) functions operate and are implemented at the City. Based on the MRA and City policies, the set of processes identified as relevant and applicable to RM is listed in the Table below: CORE RM FUNCTIONS (PROCESSES) Record Identification Create Records Support Business Specific procedures for Records Creation Support the IT System owners in establishing requirements for the long term /permanent retention of records Schedule Record with MRA Review Departmental Functions and Recordkeeping Requirements Inventory Records this includes data mapping ( a method used to document all the locations of electronically stored records and information whether inside or outside the firewall) Evaluate Records as Temporary or Permanent; Evaluate Records for Vital Records Status Draft Disposition Instructions Organize Draft Records Schedule and Clear Internally Obtain Approval from MRA Implement the Approved Schedule Maintain Records Develop and maintain file plans Oversee the proper storage of Records Disposition Dispose Temporary Records Apply MRA General Records Schedules Transfer Permanent Records Maintain information Records disposition lists RM PROGRAM MANAGEMENT Manage RM program Create and Maintain Guidelines and Standards Establish and Maintain Litigation Procedures APT SERVICES Limited March 4,2011 12 250 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Report Storage Facility to Provincial Archives Manage Development of Annual RM Assessment/Audits PerForm Citical Partner Reviews Program Evaluation Develop Evaluation Procedures Develop Audit Trails Perform Inspections Conduct Annual Assessment Special Records Management Requirements Continuity of Operations Plan (COOP) Vital Records Training Develop Records Management Training Provide Training and Guidance to all RM Staff Provide Training and Guidance to all Employees 3.1 Baseline In April 2008, Common Council approved the Records Management Policy for the City of Saint John developed by the Office of the Common Clerk, to establish a framework for the creation and management of records within the City. Currently, the City's capabilities with regards to Records Management are non-uniform. While some Departments/Operating Divisions (D/OPDVs) have established their processes, others are still in the process of creating them. Some of the departments/Operating divisions are executing most of the core functional processes (those outlined in the above table ). The differences among the way processes have been implemented at the City can be summarized as follows: Operational implementation — D/OPDIVs have implemented most of the RM core processes with some operational differences. The core function of the process is retained but they differ based on organizational needs and resources availability. Compliance - There are differences in the way certain RM processes are implemented. For example, some Departments such as Fire & Rescue Services have far more advanced systems of record keeping therefore can comply better than other departments under the division of Public Safety. Organization - Many of the differences among RM processes are due to the different organizational structures and functions of each D/OPDIV. For example, the Development & Growth Division consists of several different groups and services, making it difficult to creating uniform RM processes APT SERVICES Limited March 4,2011 13 251 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Resources — Lack of resources and multiplicity of responsibilities for the City's Records Coordinators reflect on the level of process implementation. Lack of resources also limits the activities that Records Coordinators can perform. Level of documentation — Few D/OPDIVs have documented their processes or are in the process of documenting them (e.g., modeled business processes for future system development). 3.2 Gaps The City has issued the necessary RM policies and guidance for each respective department/operational division that address the need to implement most RM processes. The differences highlighted above can be considered gaps if the outcome of the processes or the lack of a specific process violates policies or regulations. 3.3 Target Vision To further help the City and the D/OPDIVs reach a higher level of process automation, manage electronic records, improve reporting, and achieve better compliance, the RM unit should define, when applicable, a set of tarqet standard processes. These target processes may be supported by an Electronic Records Management system or solution in the future. The City's RM unit will need to share best practices to define and implement reusable target processes. This set of target processes will comply with the full MRA/IS015489 requirements which include the electronic transmission of records. The development of the target RM business processes will drive the functional and data requirements for the target electronic RM system solution at the City. APT SERVICES Limited March 4,2011 14 252 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 4 Paper Records The analysis in this section is related to paper records. 4.1 Baseline Most of the records kept at the City are paper records by design and policy. E-mail, documents, forms, and other electronic files are in many cases, printed to paper to satisfy records retentions and to be stored. Since most of the records at City of Saint John are kept in paper, the processes identified in section 3 are mainly executed for paper records. As reported in section 3, the City has working processes for paper records. Many D/OPDIVs are using custom built paper record tracking systems. 4.2 Gaps Paper processes are not consistent across the City. The differences are highlighted in section 3.2 and can be considered gaps only if the outcome violates the policies or regulations. 4.3 Target Vision The City will leverage the current paper records processes to analyze how it can begin to migrate toward electronic records retention. Paper records will remain the City's official recordkeeping copy until such time that City of Saint John establishes the infrastructure to support an electronic records management system.which is compliant with the MRA and ISO 15489. In addition to paper records, records created and maintained in electronic format will be kept in electronic format for the duration of their disposition life and then archived in electronic format. A Note on terminology One of the most common miscommunications between information professionals and computer professionals arises from the different uses of the terms `archiving' and `archives'. From an archivist's and a records/ information manger's perspective, these terms refer to the actions taken by an archives to preserve a document that needs to be kept permanently and to the institution that houses records with historical value. On the other hand, information technology professionals use the terms `archiving' and `archives' to mean very different activities. To them, `archiving' is the process of putting an electronic record into a computer storage environment, no matter whether the record will or should be kept for the long term. In their eyes, `archives' are the digital repositories in which records are kept until they are no longer needed by the organization; any permanent preservation of the record is not included in this interpreation of `archives'. Section 4.3 uses `archived' in the IT sense. APT SERVICES Limited March 4,2011 15 253 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 5 Electronic Records The gaps identified in this section are electronic in nature. The Electronic Records gap defines the delta between the need to move toward a RM electronic solution and the current baseline at the City. Because of the cross functional support of e-mails, document repositories, and web content systems, this section addresses each type of system separately. The records contained in e- mails, document repositories, and web content systems need to be properly scheduled and disposed following the MRA. Because the records contained in these systems support a large range of functions, they have different dispositions. The analysis that follows treats e- mails, document repositories, and web content systems, separately knowing that a mechanism should be implemented to allow for multiple dispositions within the same system. 5.1 E-mail Systems This section provides the baseline, gaps, and target vision of e-mail systems at the City. 5.1.1 Baseline By resolution of Council in 2008 the City adopted the Records Management Policy for the City of Saint John (the Policy)for all records created during business transactions, and all business applications used to create records as well as providing the overarcing framework for any othe corporate records management policies, practices or procedures. However the policy did not specifcally outline what might be required to address the sufficient and proper management of e-mails as required by statutory and regulatory requirements. The current City e-mail systems do not provide recordkeeping functionalities. Although the City e-mail systems are functional and adequate and have storage capacity, they are not used for Records Management purposes. Today e-mails are either printed to paper for recordkeeping or temporarily stored electronically in a Microsoft Outlook archive file (Personal Storage File PST). 5.1.2 Gaps Not all e-mails are records and e-mails that are records are not disposed of according to the MRA Records Schedules. A temporary solution is to keep e-mails as records as indicated in the Policy and as in the training that had been given for Records Coordinators, managers and employees. A clear concise policy and procedure is needed so that approved records management instructions are implemented by employees for the storage and disposition of e-mails. Personal Storage Files (PST) are only a temporary electronic holding place and printing e- mails to paper remains the only acceptable record for most D/OPDIVs. Neither the PST nor the printing to paper solution provides proper long term storage or the discovery functionalities needed by the City. E-mail messages stored locally in Microsoft Outlook archive files are not easily shared, searched, or backed up. PSTs also represent a substantial increase in RM risk and can create a multitude of technical and operational problems, such as: Violation of organizational retention management policies, which are critical in regulated environments. APT SERVICES Limited March 4,2011 16 254 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Increased e-discovery and litigation costs: .PSTs are usually stored on users' local hard drives, with no centralized view or management; finding, reviewing and providing them in response to an e-discovery request can be a time-consuming and expensive process Negative impact on IT resources as support staff struggle to find and restore lost or damaged PSTs on local and networked drives Corruption of PSTs when files approach 2GB in size Outlook users inadvertently delete their data Weakening of organizational security Escalating storage and storage management costs: PSTs can account for up to 40% of all high-cost, online and offline storage Reduced employee productivity: time spent by employees in managing mailbox quotas and creating PSTs accounts for approximately 15 minutes, per day, per employee. When an Outlook mailbox exceeds its capacity, these PSTs could be at risk. The City's e-mail systems do not provide records archiving functionalities or features for electronic record keeping systems that must include things such as: I. Providing for the grouping of related records into classifications according to the nature of the business purposes the records serve; II. Permitting easy and timely retrieval of both individual records and files or other groupings of related records; III. Retainaing the records in a usable format for their required retention period as specified by the MRA approved records schedule; IV. Being accessible by individuals who have a business need for information in the system; V. Preserving the transmission and receipt data specified in organizational instructions; and VI. Permitting transfer of permanent records to the Provincial Archives and Records Administration. VII. Additionally, the City does not classify and store e-mail (which may include attachments, calendars, tasks lists, etc.) in a central repository. 5.1.3 Target Vision The City should aim at integrating the e-mail Systems with an Electronic Document Management System to automate the retention and disposition of official records (E-mails) according to a validated records schedule and file plan. APT SERVICES Limited March 4,2011 17 255 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities This solution would allow the temporary PST solution to be phased out to an Electronic Document Management System for every Department/Operational Division. In doing so, the City will eliminate PSTs, migrating them to a secure, central archive that offers policy-driven collection, retention and disposition. The City should also aim to create a full-text indexing search and retrieval of PST content. Because of the number of employees at the City and the use of multiple e-mail systems used, the City should evaluate the most efficient approach for the organization. The City should also take into consideration all the privacy and security restrictions of the D/OPDIVs. Ulitmately the City should incorporate e-mail as part of an enterprise Records Management strategy for electronic records to secure the corporation's intellectual property. The City solution should: Reduce server load on Microsoft Exchange without limiting the use of e-mail and restricting end-users' access Automatically collect and archive inbound and outbound messages Retrieve and restore archived e-mails that have been archived Provide end users with access to archived messages via an easy to use, integrated, search interFace During the next phase of the RM Program architecture, the City should set the requirements and boundaries for an electronic records solution for e-mails. 5.2 Document Repository, Web Content, and Correspondence Management Systems This section looks at the current document repositories and web content systems at the City. Web content and document and management tools are stand alone systems or web sites that access shared workspaces and documents, as well as specialized applications like wikis and blogs from a web browser. Documents stored in these IT systems are important from a Records Management point of view because they store official/final copies of documents in multiple formats (HTML, Word, Excel, etc.). The City also uses networked shared drives to store documents for those offices that don't use a document repository. 5.2.1 Gaps The City does have Laserfiche, a corporate Electronic Records Management (ERM) system to store and manage electronic records. However, LaserFiche has not been adopted throughout the organization. As ERM systems, all document repositories, web content systems, and shared drives should meet a set of minimum requirements in accordance with IS015489 and other appropriate acts and standards. 5.2.2 Target Vision The City should address all document collaboration/repository/management and web content systems so that the scheduling of the records/ information created in these systems is consistent with the functions related to the documents rather than the system hosting them. Most of these collaboration systems have the ability to add metadata and workflows to the APT SERVICES Limited March 4,2011 18 256 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities stored documents. Leveraging these functionalities will help automate the retention of documents based on the appropriate retention schedule. 5.3 Records Management Systems This section addresses the specific systems used to manage recorded information. A Records Management system should support all major RM processes providing a structured way to manage and track records of all types. The City requires the capability to centrally, efficiently, and effectively manage mission-critical information including storage, versioning, and ownership capabilities. 5.3.1 Baseline A number of IT systems are used/owned by each D/OPDIV. Most of the IT systems are the source of record for the information they contain. Other systems are more transactional or reporting in nature. 5.3.2 Gaps For the IT systems that contain records, the City should make sure that their recordkeeping functionalities meet the guidelines from MRA/IS015489. Major IT systems require special attention because of their importance to the mission of the City and the D/OPDIV. Major IT systems have a significant role in the administration of the agency programs, finances, property, and other significant resources. The Records Management capabilities of these systems need to be further assessed. 5.3.3 Target Vision The City should consider assessing if the records stored in the IT systems are properly retained as scheduled and strengthen current procedures. The City needs to ensure that RM and archival functions are considered into the design, development, and implementation of information systems. An architectural layer should become standard for all initiative development. Multiple solutions and approaches should be considered for the target RM Program. A phased approach to first target Major IT systems, document repositories, and e-mail systems will help to spread the cost impact on the organization. A phased approach could also be considered in moving toward the development of records schedules and the transfer of permanent records electronically. The City needs to efficiently and effectively manage mission-critical information including storage, versioning, and ownership capabilities in a unified manner. In some cases, the City retains information that has no legal retention obligation or ongoing business value while information that may have a legal retention obligation due to the Provincial Archives Act and MRA runs the risk of being destroyed prematurely. The City needs to address common RM business needs requested by all D/OPDIVs. Whether the City decides to move toward one or multiple RM systems, the organization should strive to reach a uniform approach to information management. The solution will enhance auditing, tracking, and discovery of records improving performance across the agency with more automated processes. APT SERVICES Limited March 4,2011 19 257 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 6 Scheduling of IT Systems This section describes the gap related to the scheduling of all City IT systems. The City needs to comply in order to maintain adequate and up-to-date technical documentation for each electronic information system that produces, uses, or stores data files and should have a complete list of IT systems and records disposition schedules for the records contained in electronic systems. Additionally, IT systems storing vital records should be scheduled accordingly. 6.1.1 Baseline There should be standard organization-wide compliance with scheduling of IT systems. IT systems should be scheduled using a template created by the City and leveraging an IT system inventory hosted in the City enterprise repository. At a minimum, an IT system inventory (including web mapping) requires the following information : Name of the system Agency program supported by the system Purpose of the system Data input and sources Major outputs Information content (Master data file) Documentation Proposed disposition for the inputs, outputs, master data file(s), and documentation The inventory / web mapping applies to systems both inside and external to the firewall. 6.1.2 Gaps IT systems have not been consistently scheduled and the City RM Program should be strengthened to enforce the records scheduling processes. E-systems schedules will need to, at a minimum, include information listed above. The City of needs to create the processes and tools to collect and maintain this information. The list of systems and the MRA/file planwill need to be hosted in the City's Enterprise repository until a RMA solution is adopted. 6.1.3 Target Vision The City should add specific language in the RM policy related to the scheduling of electronic systems which states the necessary requirements, defines the process to schedule an IT system, and assures that the responsibility of maintaining the records for the appropriate disposition schedule is understood and agreed upon by the system owner. Specifically, the City should: (a) For electronic information systems that produce, use, or store data files, ensure that disposition instructions for the data is incorporated into the system's design. (b) Establish procedures for addressing RM requirements, including recordkeeping requirements and disposition, before approving new electronic information systems or enhancements to existing systems. APT SERVICES Limited March 4,2011 20 258 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Records management needs to be included in the design, development, and implementation of information systems. By doing so, the City can ensure that IT systems are properly designed to retain and/or transmit records and that a disposition authority is followed. APT SERVICES Limited March 4,2011 21 259 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 7 RM Integration with other Enterprise Processes RM is a vital part of the organization. As such, RM should be integrated in the Human Resources, Enterprise Architecture, Capital Planning, Information Security, Continuity of Operations (COOP), Right to Information and Protection of Privacy Act (RTIPPA) Unit , E- Discovery and other internal processes. This section addresses the integration of RM with these enterprise services. 7.1.1 Human Resources (HR) a) Baseline City and the Records Coordinators have been working to provide a better integration of RM into the Human Resources (HR) processes. There are multiple ways that the D/OPDIVs are incorporating RM requirements and check lists into the employee, training, hiring and exiting processes. b) Gaps RM is not yet fully integrated into the HR processes and is applied differently between and among D/OPDIVs. c) Target Vision The City will need to define a set of target processes that can be used by all the D/OPDIVs to incorporate RM requirements within the HR processes. The intent of the new requirements and processes will be to assist employee compliance with RM functions. It is recommended employees sign annual agreements summarizing the nature of their work, the types of records they are likely to create in the course of business and acknowledge their awareness of the RM file plan or their specific records schedule (e.g., an acknowledgement of records awareness). Once a RM HR process has been identified, the Department Records Coordinators in collaboration with all the D/OPDIVs Department Heads and the Corporate Records Manager will ensure that the new process is incorporated and executed in all offices at the City. 7.1.2 Capital Planning RM should be included in the design, development, and implementation of information systems. By doing so, the City can ensure that IT systems are properly designed to maintain, access, and legally dispose of records in accordance with a records life cycle, and to address the life cycle costs associated with implementing electronic recordkeeping systems. a) Baseline The City should be implementing a Enterprise Performance Life Cycle (EPLC) framework to provide a consistent and repeatable process for planning, managing, and overseeing IT projects over their entire life cycle. Although not yet formally recognized as a Critical Partner within the EPLC framework, some D/OPDIVs need to begin to include RM in their IT project management processes. APT SERVICES Limited March 4,2011 22 260 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities b) Gaps Currently, it is not clear that RM is considered in the design, development, and implementation of information systems. It was not in evidence in the Records Management Policy for the City of Saint John. c) Target Vision The City will need to Design "Capital Planning and Investment Control Checklists" to assist in embedding RM and electronic recordkeeping requirements. All IT systems being developed should follow the checklists to ensure all IT contracts and Program Managers/Contract Officer Technical Representatives are incorporating RM in the initial development and design, and that the systems are scheduled with MRA retention schedules upon system implementation. Additionally, any decommissioning of IT systems should follow the MRA procedures for the transfer of permanent records and the deletion of scheduled temporary records. 7.1.3 Enterprise Architecture The inclusion of RM standards into acquisition, program execution, IT system development and implementation should be supported by work conducted by Enterprise Architects, Information Security Officers and Senior Executive Service employees who manage and run programs that are supported by IT systems. a) Baseline and Gaps RM language has not been included as part of segment development steps. It is also not clearly included in the business process engineering requirements. b) Target Vision RM should be a required layer of the architecture or each new investment/initiative development. 7.1.4 Information Security Information Security is an important aspect that needs to be considered with respect to records, RM processes, and IT systems containing records. a) Baseline and Gaps Information Security policies established for the City do not specifically address RM but they do provide requirements that address the security, availability and reliability of records contained in IT Systems. The City `s IT function should ensure that their systems and infrastructures are certified and accredited. The Certification and Accreditation (C&A) is a comprehensive assessment of the management, operational, and technical security controls in an information system, made in support of security accreditation, to determine the extent to which the controls are implemented correctly, operating as intended, and producing the desired outcome with respect to meeting the security requirements for the system. If an IT system passes the C&A process, the system receives an Authorization to Operate (ATO). b) Target Vision The City can add a standard RM checklist for Certification and Accreditation (C&A) reviewers responsible for authorizing the IT systems to operate. Authorization to operate (ATO) is APT SERVICES Limited March 4,2011 23 261 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities released by each D/OPDIV indicating that the system has met the required security policies. RM could use a similar process or leverage the existing C&A process to make sure that all systems are compliant with MRA requirements before the authorization to operate is released. 7.2 Continuity of Operations (COOP) a) Baseline In order to ensure the successful implementation of corporate-wide programs, the City should maintain a continuity of operations (COOP) program. This program will: a) develop and prepare national emergency preparedness plans and programs covering functions and responsibilities which must necessarily be centralized for the Department; b) take necessary actions to assure that D/OPDIVS will be able to perform their essential functions and continue as a viable part of the organization during any emergency, and will be able to respond to all major disasters or incidents; and c) coordinate and manage all funds appropriated to perform essential functions during an emergency. b) Gaps There does not appear to be a COOP plan which identifies the above as well as the establishment of a Vital Records Program. c) Target Vision The target vision is to establish policies and procedures for incorporating vital records identification and management into the City's RM program, specifically within the D/OPDIVs records inventories, web mapping, file plans, and records validation processes. .......delete. 7.3 Right to Information and Protection of Privacy (RTIPPA) The RTIPPA and its inclusion into RM is viewed as an important aspect in being able to provide the public with access to City records. These are records, which are available in paper and/or electronic format and are copies of the original provided to the RTIPPA unit by the appropriate D/OPDIVs for response to all RTIPPA requests and appeals. a) Baseline Within the RTIPPA unit RM should be fully implemented into the RTIPPA process, in which RTIPPA requests and appeals files that have been completed, and contain paper and/or electronic records, are reviewed for retention on an annual basis. The records should be maintained in the RTIPPA file system and a determination to retain or destroy the records is made in accordance with the guidelines set forth under the appropriate authorities, i.e. MRA. b) Gaps At the time of this Gap Assessment, the RTIPPA had been proclaimed by the Province of New Brunswick but a date had not been given to take effect in municipalities. APT SERVICES Limited March 4,2011 24 262 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities c) Target Vision The City's RTIPPA unit has been preparing itself for RM integration with the requirements of the the Province. For this the RTIPPA unit and IT components must discuss and determine who, when, and how the RM system will help the City meet all of the requirements. APT SERVICES Limited March 4,2011 25 263 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 8 Record Management System Audits This section addresses the need for the City to comply with ISO 15489 in terms of regulary auditing the RM System for compliance. 8.1.1 Baseline The City has not identified a specific format and has not developed a uniform audit program, procedures or tools, and had not, as of this gap assessment, performed any internal RMS audits. 8.1.2 Target Vision The City should design, implement and document a rigourous internal audit process for ensuring all RMS processes are in compliance with ISO 15489, and relevant legislation. A uniform process should be defined for recurring inventories of facilities and the compliance process. APT SERVICES Limited March 4,2011 26 264 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 9 Other Gaps and Opportunities 9.1 Resources This section describes the baseline, gaps, and target vision related to RM resources and responsibilities. a) Baseline and Gaps Resource Management for RM within the City needs to be measured and addressed. Current Record Coordinators are overwhelmed with the amount of work in support of the RM program and often do not have the executive level support in ensuring records are being maintained within each program office. Some D/OPDIV RCs are not able to focus their full attention to the task of RM and have to find balance between available resources and work related requirements. b) Target Vision All employees, contractors, interns, visitors who perForm work at the City and create; receive or act upon records as they support the City's mission are accountable for recording their work and public service per the Records Management Policy and the Archives Act. All employees, contractors, interns, visitors, etc. who end their public service are responsible for the legal disposition of their records. Training, executive level support, resources assigned to build and execute a records management program at the City of Saint John is the target for this effort. Validation of the D/OPDIV inventories of file plans will provide the business case and requirements document to lead to an ultimate technical solution for the implementation of an electronic RM system. Automation of the business process for records retention will streamline current paper/electronic processes ensuring the preservation of the historical record, support E-discovery, and facilitate transparency of the City's business activity, and allow for knowledge management and transfer for future employees and administrations. 9.2 Training a) Baseline and Gaps The City has begun training for new employees, Records Coordinators, and Senior Executive. There is a need to improve the knowledge of RM in the organization. The City should use brochures, handouts, and Websites to train users and make the information readily available. Training requirements should be included in the HR RM requirements. b) Target Vision The City should continue to provide training and improve RM outreach whenever possible. By providing staff with the knowledge about what to retain and what to legally dispose of the number and quality of records retained will improve. The development of a better e-mail recordkeeping solution with automated features will help mitigate recordkeeping errors. Additional Records Coordinators, managers, liaisons, and employees training will be needed if a new system is implemented. In addition, the City should implement a role-based training program whereby Executives, managers, contractors, project managers, interns, guests, etc. are advised of what responsibilities they have. It is particularly important for managers to understand their responsibilities if employees leave without providing appropriate records and following targeted RM procedures. APT SERVICES Limited March 4,2011 27 265 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 9.3 Unique Records Schedules a) Baseline and Gaps The City records'inventory needs to be developed by all D/OPDIVs. Before any electronic solution is evaluated and implemented, the City of Saint John needs to have a clear view of the D/OPDIVs records and files plans. For all D/OPDIVs, the process of maintaining a file list and records schedule is a manual process. The City and the D/OPDIVs need a structured and standardized process to maintain their schedules in an electronic format that can be used to support all RM processes. b) Target Vision Before the functional requirements process begins, the City should have a complete corporate file list. The City should consider the "big buckets" approach, applying records schedules in accordance with functional lines of business. The Organizational Alignment Project (OAP) provides a good starting point. The OAP has been used to align the agency into Business Areas and segments. Since a segment is described as a set of related business functions, processes, and/or services, each segment can represent a big bucket and have a set of disposition authorities assigned to it. Business areas can be core mission, enterprise services, or business services. Business services and enterprise services segments represent cross cutting functions that all D/OPDIVs perForm. The big bucket approach should be taken into consideration prior to defining the target architecture as it will impact the functional requirements for an RMA. APT SERVICES Limited March 4,2011 28 266 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities 10 RM Segment Development Next Steps With the conclusion of the gap analysis, the RM team should begin to analyze the target approach to address the gaps identified. The City should prioritize the gaps and define a strategic approach to move forward. With a firm understanding of prioritized strategic improvement opportunities, the RM team will need to develop a target state vision for the RM Program. The target state vision will provide a hiqh-level description of the proposed operating environment—including planned changes to stakeholder interactions, business processes, information sharing, applications, and technology—to address strategic improvement opportunities. This target state vision is meant only to illustrate the target state and will be enhanced by additional analysis in subsequent steps. The gap prioritization and the target state vision will inform which functional requirements should be gathered first. Additional analysis will need to be conducted to create the following artifacts: - Target Key Business Process Model (For prioritized targets) - Target Information Flow Diagram - Target Business Data Mapped to Key Business Processes - Target Data Steward Assignments Summary Gap Analysis Gap Name Baseline and Gap Target Vision Currently, capabilities with regards to The City has issued the necessary RM policies and Records Management are non-uniform. guidance for each D/OPDIVS that address the need to Business The differences among the way implement most RM processes. To further help the Process processes have been implemented at City and the D/OPDIVs reach a higher level of process Consistency the City can be summarized as automation, electronic records, improved reporting, Operational implementation, and achieve better compliance, the RM unit should Compliance, Organizational, Resources, define, when applicable, a set of target standard Level of documentation processes. Most of the records kept at the City of Saint John are paper records. E-mail, documents, forms, and other electronic Paper processes are not consistent across the City. Paper files are printed to be stored. Since The differences are highlighted in section 2.2 and can Records most of the records at the City of Saint be considered gaps only if the outcome violates the John are kept in paper, the processes policies or regulations. identified in section 2 are mainly executed for paper records. APT SERVICES Limited March 4,2011 29 267 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities The City should aim to manage and eliminate PSTs, E-mail Systems: Today e-mails are migrating them to a secure, central archive that offers either printed out for recordkeeping or policy-driven collection, retention and disposition. The stored electronically in an outlook City should also aim to a full-text indexing search and archive file (Personal Storage Files, retrieval of PST file content. Because of the number of PST). The e-mail systems do not employees at the City and multiple e-mail systems used, provide records management the City should evaluate the most efficient approach for functionalities. the organization. The City should also take into consideration all the privacy and security restrictions of the D/OPDIVs. The City should address all document repositories, Document Repository, Web Content Web content management, and correspondence Management, and Correspondence systems so that the scheduling of the records created Systems: The City has implemented in these systems is consistent with the functions multiple document repository, Web related to the documents rather than the system Content, and correspondence systems. hosting them. Most of the listed collaboration systems These tools have not been expanded have the ability to add metadata and workflows to the to include RM functionalities. stored documents. Leveraging these functionalities will help automate the retention of documents based on Electronic their retention schedule. Records The City needs to be able to efficiently and effectively Records Management Systems: There manage mission-critical information including storage, are a few RM systems at the City to versioning, and ownership capabilities in a unified track paper records. There is no manner. Whether the City John decides to move electronic recordkeeping system toward one or multiple RM systems, the organization specifically dedicated to RM.? should strive to reach uniform approach to document Laserfiche None of the systems have and Records Management. The solution will enhance been reviewed for compliance with auditing, tracking, and discovery of records improving IS015489 minimum requirements. perFormance across the agency with more automated processes. All Other IT Systems: There are An assessment is needed to determine if the records multiple IT systems at the City. Some stored in the City IT systems adhere to approved being Major IT Systems. The Records retention chedules. The City should also make sure Management capabilities of these that the records contained in these systems can be systems need to be assessed. The easily discovered. The City should also evaluate a City needs to make sure that records cross system search solution taking in consideration contained in all of the IT systems can the risks related to not being able to produce records be discovered and accessed timely. when needed. The City should implement a specific policy related to It is not clear that the is in compliance the scheduling of electronic systems which states the Scheduling regarding scheduling of IT systems. The necessary requirements, defines the process to of IT City needs to ensure it is in the process schedule an IT system, and assures that the Systems of scheduling all IT systems. The responsibility of maintaining the records for the D/OPDIVs will also have to make appropriate disposition schedule is understood and progress on the scheduling process. agreed upon by the system owner. APT SERVICES Limited March 4,2011 30 268 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities Human Resources (HR): The City and Records Coordinators have been The City will need to define a set of target processes that working to provide a better integration of can be used by all the D/OPDIVs to push the RM RM into the HR processes. There are requirements through the HR processes. Employees multiple processes that the D/OPDIVs should sign annual agreements showing the nature of will need in incorporating RM their work, the types of records they likely produce and requirements and check lists in the acknowledgement of the MRA or file convention that employee new hires and exiting applies to their records types processes. Capital Planning: The City should be Incorporate Records Management and archival actively working to include RM in the functions into the design, development, and design, development, and implementation of information systems. RM will need RM implementation of information systems. to be incorporated into the Enterprise Performance Life Integration D/OPDIVs also need to include RM as C cle EPLC . with other a critical partner to this process. y � � Enterprise Processes Enterprise Architecture: Records The City should ensure that RM is considered in one of Management is not included as part of the steps and when a business process is analyzed. RM segment development steps. It is also should be a required layer of the architecture or each not included in the business process engineering requirements. new segment development. Information Security: There are no The City can add a standard RM check list for well defined documented Information Certification and Accreditation (C&A) for reviewers Security policies established. The responsible of authorizing the IT systems to operate. policies do not specifically address Authorization to operate (ATO) is released by each Records Management but they do D/OPDIV indicating that the system has met the provide requirements that address the required security policies. RM could use a similar security of records contained in City of process or leverage the existing C&A process to make Saint John IT Systems. sure that all systems are scheduled. The City has not identified a specific The City needs to design, implement and document a format and has not developed a rigourous internal audit process for ensuring all RMS RMS Audits uniform audit program, procedures or processes are in compliance with ISO 15489, and tools, and had not as of this gap relevant legislation. A uniform process should be assessment performed any internal defined for recurring inventories of facilities and the RMS audits compliance process Records Coordinators are A better integration of RM into to the organization's overwhelmed with the amount of work processes and the implementation of an electronic in support of the RM program. Some Records Management system will help automate Resources D/OPDIV RCs are not able to focus manual and time-consuming tasks, freeing agency their full attention to the task of RM and personnel time. Streamlined processes and a Records have to find balance between available Management system will allow Records Coordinators resources and work related to spend more time supporting core processes and requirements. less on reporting and responding to data calls. The City has been providing training for Training is directly related to the amount of records Records Coordinators, managers, created and retained. The City should continue to Training liaisons, and employees. Training provide training and improve RM out-reach whenever requirements should be included in the possible. The development of a better e-mail HR RM requirements. recordkeeping solution with automated features will help employees to better follow RM guidance. APT SERVICES Limited March 4,2011 31 269 City Of Saint John Records Management Gap Analysis and Strategic Improvement Opportunities A City file list and record schedule inventory is needed. Before any electronic solution is evaluated and gefore the functional requirements process begins, the Unique implemented, the City needs to have a City should have the complete file list with schedules. Records clear view of the D/OPDIVs record The City should also considered the "big buckets" Schedules schedules and file plans. For all approach as suggested in this report. D/OPDIVs,that may have one, the process of maintaining a record schedule is a manual process. APT SERVICES Limited March 4,2011 32 27� ��f cansulGing City of Saint John SharePoint 2010 RM Proof-of-Concept Implementation Plan Version 1 For City of Saint John Prepared By LNW Consulting Inc June 2011 Purpose The purpose of this document is to present to the City of Saint John (the City) with a strategy and plan for the implementation of the document and records management functionality of SharePoint 2010. This will be done first in a development environment for testing and then in a production environment as a pilot project. Background The City has previously implemented SharePoint 2007. Microsoft released SharePoint 2010 within the last year. SharePoint 2010 includes significantly enhanced document / records management functionality compared to SharePoint 2007. The City intends to take advantage of the content management functionality of SharePoint 2010 to better manage their corporate records. LNW Consulting was previously onsite the week of December 13th 2010. The purpose of that visit was to conduct a SharePoint 2010 records management workshop to help the City evaluate if and how SharePoint 2010 can be leverage to meet their electronic records management needs. We delivered a document titled "SharePoint 2010 Configuration & Implementation Recommendations" in which we provided 26 recommendations and a list of next steps. Version 1 1 Last Edit Date:2011/06/30 271 ��f cansulGing City of Saint John SharePoint 2010 RM Implementation Between then and now several recommendations have been implemented and several more are being implemented in this project. For example, under the leadership of Pat Anglin, the City setup an IM Working Group which includes members from each business unit within the City as well as key members of Records Management and IT. This working group will play a critical role in providing guidance, oversight, testing and review of all documentation created and the prototype/s developed for implementation. Two business units were selected to pilot the solution being developed in SharePoint 2010; the Finance department and the Municipal Operations Roadway Maintenance Service. Members of both these business units are on the IM Working Group and therefore will be intricately involved in the requirements gathering, design, configuration, testing and evaluation of the SharePoint 2010 content management solution that will be piloted. Another key recommendation is to use a phased approach to implementing SharePoint 2010 content management functionality. With the phased and organized implementation of the document and records management (content management) functionality of SharePoint 2010 first in a development environment, the City is able to: Ensure that the IM, IT and pilot members become familiar with the architecture and the content management functions and features of SharePoint ahead of a pilot implementation. Determine the SharePoint configuration that best meets the IM, IT and business unit requirements and preferences. Determine which SharePoint 2010 functions and features the City will take advantage of in the pilot project. Identify and simulate a "concept-of-operations" covering the various roles and responsibilities involved in the maintenance and management of a content management solution such as SharePoint 2010. This includes roles, responsibilities, functions and features related to end users, business unit super users, records managers, records officers, system administrators, business unit management, etc. Closely related to the above, determine a content security and access control model appropriate for City. Determine how existing content residing on shared drives should be migrated to SharePoint 2010 when the solution goes to pilot and eventually production rollout. Identify options, issues and recommendations related to first the pilot and then full production rollout. The following section describes each of the phases involved in the implementation of SharePoint 2010 content management functionality first in a proof-of-concept (prototype) and then in a pilot environment. Version 1 2 Last Edit Date:2011/06/30 272 ��f cansulGing City of Saint John SharePoint 2010 RM Implementation Project Phases Phase 1 - Analysis & System Configuration Requirements May 315t to June 30t", 2011 In order to build a SharePoint 2010 prototype that the City can use to simulate their document / records capture and management business processes, an analysis and requirements gathering phase must be performed. Major tasks that are to be completed during this phase are: Understand the document management business processes that are in place in the business units involved in the pilot Familiarize the IM Working Group with the architecture and configuration options of SharePoint 2010. Determine and document the hierarchy and configuration requirements for team sites, content types, metadata, etc. Determine and document the security model to be implemented. Determine and communicate the various roles and responsibilities in both implementing and maintaining this content management solution in SharePoint 2010. Determine the folder structure that pilot end users would file content against. Determine how the records management rules and policies are to be configured to meet City records management requirements. As indicated, this work is to take over the period of roughly a month. LNW has a total of 35 days to spend on this project. We estimate the LNW level of effort here to be between 9 and 12 days to complete the necessary tasks and related documentation. Phase 2— SharePoint 2010 Prototype Configuration JUIy 4th t0 22nd� 2011 During this three week phase, LNW and key IM Working Group members (including members of Records Management and IT) will install SharePoint 2010 and configure it as per the guidance, preferences, requirements and decisions gathered in the previous phase. Note that the SharePoint 2010 prototype will be installed in a City lab environment. The IT team from the City will have rules, specifications and limitations for us to follow and adhere to so that what they have implemented in production in SharePoint 2007 can eventually be migrated to SharePoint 2010 without adverse. LNW will provide a technical resource as required to install and configure SharePoint 2010. Peter Lauter from LNW will continue to work with the City during this very important phase. LNW estimates that they will use between 5 and 8 working days to complete this task in preparation for the all important testing and evaluation phase. Version 1 3 Last Edit Date:2011/06/30 273 ��f cansulGing City of Saint John SharePoint 2010 RM Implementation Phase 3 — SharePoint 2010 Prototype Testing/Evaluation July 25t" to August 5t", 2011 The following is to be completed during this two week period: Records management and IT testing of the SharePoint 2010 prototype; Pilot business unit testing of the SharePoint 2010 prototype; Evaluation of the SharePoint 2010 prototype by the IM Working Group. Adjustment of the prototype as required based on the results of the testing and evaluation. Go/ no-go decision on migrating the prototype into pilot (production environment). LNW estimates their level of effort here at 4 to 5 days. This is an important phase in that the prototype should be tested thoroughly including: Performance testing; Function and feature testing; Pilot user business processes testing; Records management business processes testing; Testing of the security model; Technical testing. The IM Working Group as well as pilot business unit stakeholders are involved in this phase. Test results are normally reviewed on an ongoing basis during this two week period. Prototype gets adjusted if and as required. Phase 4 — SharePoint 2010 Pilot Preparation August 8t" to 19t", 2011 During this phase, the City is preparing for the pilot implementation. Typical tasks to be completed include: Development / refinement of a rollout plan (realizing that two City business units as well as Records Management will take part in the Pilot). Development/ refinement of a training /coaching plan; Creation of new or refinement of existing SharePoint training documentation to reflect content management functionality and the fact that we are training on SharePoint 2010; Preparation of the technical infrastructure as required since the pilot will be implemented in the SharePoint production environment; Preparation of the SharePoint 2010 training environment if different from the development environment. Holding of awareness sessions and other change management tasks as required by the city. Note that many of the above tasks would probably be started and discussed in earlier phases. However it is in this phase that the above plans, support and training documentation, etc are finalized. Version 1 4 Last Edit Date:2011/06/30 274 ��f cansulGing City of Saint John SharePoint 2010 RM Implementation LNW expects to spend from 4 to 7 days on this task as required. Phase 5— SharePoint 2010 Pilot Implementation August 22"d to September 2"d, 2011 At this point we are ready to implement the configured SharePoint 2010 document / records management solution into the City production environment for the designated pilot groups. Tasks involved in this phase include: Implementation of the target solution into the production environment; Testing / QA of SharePoint 2010 solution in the production environment to ensure we have no unexpected issues; Training sessions as required (although it is also common to hold training sessions earlier if preferred); Ad hoc and as required meeting with pilot users to discuss such topics as naming conventions, security model, changes to previous content management business processes, share drive cleanup / migration, etc. We estimate that LNW's level of effort would be between 4 and 8 days on this phase. No doubt key City resources from IT, Records Management as well as the business units would be heavily involved in this phase. Note that since this implementation phase comes in August, some organizations choose to move this phase until after Labour Day to accommodate vacation schedules. Nevertheless, if such a move takes place, the level of effort as described above would remain the same. Phase 6— SharePoint 2010 Pilot Evaluation September and October 2011 In this steady-state phase, we are monitoring and supporting the pilot as required. Somewhere between 45 and 70 days, the pilot would be evaluated and summarized. A recommendation would be made as to whether to roll the pilot out to other business units or not. Note that issues will arise and a support and change request process must be in place to deal with issues, bugs, configuration change requests, ad hoc training / coaching sessions, business process change management, etc. Most of the tasks and level of effort would be completed by City resources. The IM Working Group would certainly meet regularly to discuss issues, process, lessons learned, best practices, change requests, future business unit implementation plans, etc. LNW estimates that they could spend anywhere from 2 to 6 days in this phase as required by the City. Version 1 5 Last Edit Date:2011/06/30 275 ��f cansulGing City of Saint John SharePoint 2010 RM Implementation Conclusion In conclusion, breaking up the project into distinct and manageable phases as per above provides City stakeholders the opportunity to help design, configure, test and implement the solution. We greatly reduce the risk that the configured SharePoint 2010 content management solution will not meet the needs and preferences of the City of Saint John. Experience tells us that if business units, IT and Records Management cooperate closely on the configuration, testing, evaluation and deployment of an information system, it much more easily adopted and accepted by end users. Business units that receive the solution have the confidence of knowing that representatives from their unit have had significant influence during the entire process. In each phase, we estimated a range of days that LNW would require to complete tasks they are involved in. The range is necessary since there are many items that influence the tasks including target department content management business processes, issues encountered during the phase, stakeholder preferences, technical difficulties that might occur, etc. Version 1 6 Last Edit Date:2011/06/30 276 REPORT TO COMMON COUNCIL � M & C 201 1 - 164 i� �, r.;, June 24`h, 201 1 �/ r�J�� His Worship Mayor Ivan Court Thc Cit�•of Saint�ohn And Members of Common Council � Your Worship and Members of Council, SUBJECT: SAFE CLEAN DRINKING WATER PROGRAM PRELIMINARY SUBMISSION (201 1)TO PPP CANADA People know the importance of good drinking water - essential to life, human health and well-being. Citizens of Saint John have made this their most important service priority. The Safe Clean Drinking Water Program is the multi-faceted initiative that will bring assured potable water quality to this community. The absence of adequate facilities for drinking water treatment is a fundamental deficiency; one that seriously limits the ability to effectively control waterborne hazards. Upgrades include a 100 ML/D conventional water filtration treatment facility to be located on City-owned land south of Little River Reservoir in East Saint John, a series of system infrastructure projects necessary for treatment implementation, industrial water separation East, and several water use efficiency measures tied directly to sizing (cost) of facilities and infrastructure. The absence of committed financial support, at this time, from each of the three levels of government is the greatest impediment to progress. Long term affordability (for ratepayers) and timeliness of implementation depend on secured funding agreements. PROGRAM STRUCTURING AND IMPLEMENTATION PLAN Given the magnitude of the overall Program (estimated at over $259 million in 2010), the City of Saint �ohn has sought to organize a long-range schedule that is both financially realistic and effective in terms of dealing with the most critical drinking water needs of the community as soon as possible. After a painstaking review of opportunities and alternatives, the proposed phasing was duly balanced with the risks of deferring certain component projects and having the utility assume their full cost in the future. The Program Structuring and Implementation Plan endorsed by Common Council on April 1 1`h, 201 1 , would implement the highest priority elements of the Program (infrastructure improvements and facilities) to meet the most essential drinking water needs of our community. It identifies a 4-year "preferred" scenario (2012 to 201 5), at a total estimated cost of just under $1 72,300,000 to implement those projects that are most essential (today) for the assurance of safe, clean drinking water. �� SAFE CLEAN DRINKING WATER PROGRAM � � .'� 277 /r • SAFE CLEAN DRINKING WATER PROGRAM PAGE 2 PRELIMINARY SUBMISSION(2O1 1)TO PPP CANADA JUNE 24'",2O1 1 SAW'C 1OIIN PRELIMINARY FUNDING SUBMISSION TO PPP CANADA As discussed previously with Council, the City's Safe, Clean Drinking Water Program is eligible for limited funding support (up to 25%) under the P3 Canada Fund established by the Government of Canada to support public infrastructure projects procured via public-private partnerships. The deadline for round three submissions is June 30`h, 201 1 . Given the magnitude of the challenge associated with assuring drinking water quality and the process to conclude funding agreements, the City should continue to keep its options open. A preliminary funding application to the P3 Canada Fund has been prepared and submitted (tentatively); an appropriate supporting resolution of Council is required. The submission would be withdrawn should Council decide otherwise. An essential step in the P3 process is a "business case" analysis of the application. There is significant cost associated with such a process and a risk those expenditures may produce no tangible return on investment. Given concerns for affordability and rising rates, Council should be assured the delivery strategy chosen is fiscally prudent; a least- cost solution that is most affordable and sustainable over the long term. There is no provision in 2012 Saint John Water budgets for a P3 "business case" analysis. FUNDING AGREEMENTS Council must continue to focus its efforts on securing the necessary political and funding support of the Province of New Brunswick and the Government of Canada. Concluding funding agreements and quantifying the cost-effectiveness of procurement options (in real "value for money" terms) are essential prerequisites to moving forward. RECOMMENDATION It is recommended that Common Council: 1. Authorize the attached preliminary funding submission (201 1) to PPP Canada for the fifteen projects (list follows) under the Program Structuring and Implementation Plan for the Safe Clean Drinking Water Program; and 2. Further, authorize the Mayor and Council's Drinking Water Committee to continue exploring other funding opportunities that would be in the best financial and service interests of ratepayers of the water utility. Respectfully submitted, J.M. Paul Groody, P. Eng. J. Patrick Woods, CGA Commissioner, City Manager Municipal Operations and Engineering t�� SAFE CLEAN DRINKING WATER PROGRAM � � .' 27$ /r • SAFE CLEAN DRINKING WATER PROGRAM PAGE 3 PRELIMINARY SUBMISSION(2O1 1)TO PPP CANADA f UNE 24'",2O�� SAINT JOHN PROGRAM STRUCTURING AND IMPLEMENTATION PLAN SAFE CLEAN DRINKING WATER PROGRAM (HIGHEST PRIORITY ELEMENTS) Project Project Name Amount # [0] 100 ML/D Water Treatment Facility 1 1 2,954,000 [4] Transmission to Treatment (Lakewood Pump Station to WTP). 1 1 ,570,000 [5] Transmission East (WTP to Sandbank Hill). 12,905,000 [6] Transmission East-Central (Sandbank Hill to Marsh Creek) 2,21 5,000 [7] Transmission Central (Marsh Creek to Metcalf Street) 1 ,396,000 [9] Transmission Chesley Drive (PRV 107 to Reversing Falls Bridge) 266,000 [10] Transmission Reversing Falls Bridge 4,284,000 [1 5] North End Storage Reservoir 3,920,000 [16] Storage Reservoir at WTP Site 8,368,000 [1 7] Reversing Falls Booster Pump Station 3,180,000 [18] Spruce Lake Pump Station Upgrade 459,000 [20] West System Modifications 1 ,877,000 [21] Ocean Westway Rehabilitation (Spruce Lake to Gault Road) 3,350,000 [23] East Pressure Modifications 500,000 [25] New Industrial Transmission (Lakewood PS to Sandbank Hill) 4,988,000 Total 172,232,000 t�� SAFE CLEAN DRINKING WATER PROGRAM � � .' 279 i � �, .�� _.. ,� ,� � °'�,;n�� June 24`�', 2011 �� The City of Saint]ohn Fred Blaney ADM, Pai-tnerships New Brunswick Deparhnent of Transportation King's Place P.O. Box 6000 Fredericton, New Brunswick E3B SHl Mr. Blaney: People know the importance of good quality drinking water— essential to life, human health and well-being; as well as the economic prosperity of communities. Citizens of Saint John have inade this their most important service priority. The City has invested substantially in improving its drinking water system over the past decade, but major infrastruciure irnprovements are required in order to assure safe, clean drinlcing water for the public. The long tenn affordability (for ratepayers) of these upgrades and the timeliness of their implementation depend on secured funding agreements ainong the three levels of government. Council will consider this funding submission to PPP Canada for the City's Safe, Clean Drinking Water Program (at its meeting of July 4`�', 2011). The undersigned is the City's contact for the Program. The submission, in hard copy, is attached and an electronic version is also forwarded. For your infoi�nation, staff has had discussions with PPP Canada. As the City is considering funding and procurement alternatives, it reserves the right to adjust, remove component parts or terminate the P3 process should it be determined not in the best interest of the cominunity and its water utility. Yours n , _ ._--�- J.M. Paul Groody, P. Eng. Coinmissioner Municipal Operations and Engineering c. Patrick Woods, City Manager; Elizabeth Gonnley, Common Clerk John Nugent, City Solicitor; Gregory Yeomans, Commissioner of Finance David Logan, Purchasing Agent Andre Chenard, Director of Community Infrastructure, PNB la - SAIN'T JOHN P.O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N.-B.Canada E2L 4L1 —ti, 28� APPENDIX B — ROUND THREE APPLICATION FORM Interested applicants are encouraged to contact PPP Canada to discuss their projects before filling out the Application Form. You can contact PPP Canada at: PPP Canada Attn: P3 Canada Fund, Round Three 100 Queen Street, Suite 630 Ottawa, ON K1P 1J9 1-877-947-9480 info@p3canada.ca Information provided in the Application Form will be initially evaluated through the Screening phase, as described in section 1.3.1 of the Application Guide. Projects that satisfy the Screening phase criteria will then be selected to continue through the P3 Canada Fund assessment process. For more information on the overall assessment process, the evaluation criteria, and how to fill-out this application, please see sections 1.3 and 2 of the Application Guide. Also,for your reference, a glossary and a list of frequently asked questions can be found at the end of this guide (Appendix E and F, respectively). Please remember that the quality and completeness of your Application Form will be a fundamental factor in evaluating your project. Therefore,we encourage your to send along with your application relevant supporting documentation that would facilitate the evaluation of your project.Also, please ensure that your application is signed by an authorized official and submitted to PPP Canada through your designated contact as indicated in Appendix A(signed copies of your application can be sent by email, fax or mail to your designated contact). All applications for Round Three must be received by designated contacts no later than June 30, 2011. i '�r' PPP Canada 281 Project Name: Safe Clean Drinking Water Program(Highest Priority Elements) Project Location: The treatment facility will be located between the Little River Reservoir and Hickey Road in East Saint John,with other essential infrastructure projects located across the city. Part A — Applicant Information 1. Preferred Language/ Langue de correspondance preferee: � English/Anglais ❑ French/ Fran�ais 2. Full legal name of the applicant: The City of Saint John 3. Is the proposed recipient of funding same as applicant? � Yes ❑ No If No, please identity proposed recipient: 2 '�r' PPP Canada 282 4. Applicant Contact Information (include mailing address,telephone number,fax number and e-mail address). P.O. Box 1971, Saint John,NB E2L 4L1 Direct:(506)658-4435;Office:(506)658-4455;FAX:(506)658-4740;paul.groody@saintjohn.ca 5. Contact persons—Please complete the table below: Project Leader Alternate contact person (required) Name' J.M.Paul Groody,P. Eng. Dean Price Tltle: Commissioner Municipal Operations and Engineering Municipal Engineer Telephone number: (506)658-4435 (506)658-4770 E-YYIaII BCICIYe55: paul.groody@saintjohn.ca dean.price@saintjohn.ca Mailing Address (if different from question 4): 6. Legal status of the applicant : � A province,territory, or a municipal or regional government established by or under provincial or territorial statute; ❑ A public sector body that is established by or under provincial or territorial statute or by regulation or is wholly owned by a province, territory or municipality(e.g., provincial public universities, municipal airports, etc.); ❑ On-reserve and on-Crown land First Nations; For applications made on behalf of a private sector entity, please answer question 7. For any of the three boxes above, please identify the applicable statute or regulation under which the applicant was established: Municipality-The City of Saint John in the Province of New Brunswick 3 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 283 7. Is this application made on behalf of a private sector entity as defined in section 1.2.1 of the Application Guide? ❑ Yes � No If"Yes", indicate the full legal name of the private sector entity and its legal structure and ownership: Part B — Project Information PART B1-GENERAL PROJECT INFORMATION 8. Please indicate the eligible project category and subcategory of your project as per section 1.2.3 of the Application Guide: Eligible Category: Waterinfrastructure Subcategory: Drinking WaterTreatment Infrastructure 9. Describe the infrastructure project, including the following items(non-exhaustive list): a) Location (please attach to your application a map and/or preliminary design, if available) Treatment Facility:Hickey Road,in Saint John New Brunswick,south of the Little River Reservoir(please see attached site plan and building layout drawing) Other necessary system component projects are located across the city. 4 N3 Canada Fund: Kound 1 hree Application Guide �A�, '�lr' PPP Canada 284 b) Scope (if your project encompasses eligible and non-eligible infrastructure, please identify what is the eligible infrastructure component) The Safe,Clean Drinking Water Program,a multi-faceted initiative to assure safe,clean drinking water for Saint John,includes construction of a new 100 MLD conventional water filtration treatment facility on City-owned land south of the Little River Reservoir,Several other infrastructure improvement projects(watershed,transmission,storage,pumping,system rehabilitation and separate industrial supply)at locations across the community,and five water use efficiency projects tied directly to the sizing and cost of new facilities and improved infrastructure. The core project is a modern drinking water treatment facility: 100 MLD Water Treatment Facility-Full Conventional Treatment of surface water supply($112,954,000).This key project Includes: -main treatment plant building -residue management system that would consist of settling ponds and drying beds -administration building -pumping station -general site works such as parking lots,drainage,septic field,lighting,security,driveways and fencing PROGRAM STRUCTURING AND IMPLEMENTATION PLAN SAFE CLEAN DRINKING WATER PROGRAM(15 HIGHEST PRIORITY ELEMENTS) Project# Project Name Amount [0] 100 ML/D WaterTreatment Facility 112,954,000 [4] Transmission to Treatment(Lakewood Pump Station to WTP) 11,570,000 [5] Transmission East(WTP to Sandbank Hill) 12,905,000 [6] Transmission East-Central(Sandbank Hill to Marsh Creek) 2,215,000 [7] Transmission Central(Marsh Creek to Metcalf Street) 1,396,000 [9] Transmission Chesley Drive(PRV 107 to Reversing Falls Bridge) 266,000 [10] Transmission Reversing Falls Bridge 4,284,000 [15] North End Storage Reservoir 3,920,000 [16] Storage Reservoir at WTP Site 8,368,000 [17] Reversing Falls Booster Pump Station 3,180,000 [18] Spruce Lake Pump Station Upgrade 459,000 [20] West System Modifications 1,877,000 [21] Ocean Westway Rehabilitation(Spruce Lake to Gault Road) 3,350,000 [23] East Pressure Modifications 500,000 [25] New Industrial Transmission(Lakewood PS to Sandbank Hill) 4,988,000 Total 172,232,000 Some of the Non-Eligible items required include furnishings for the treatment plant building and land purchase costs.The city may need to purchase some land for the new pipelines described above. 5 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 285 c) Describe whether this is a new building, refurbishment, or expansion of a facility New Facility,new buildings. d) Briefly describe the need for the project and the expected public benefits of the infrastructure asset. If available, please provide supporting documentation, such as the results of feasibility studies or associated studies that confirm this need. People must have water to live;their personal good health,physical and mental,depends very much on consuming adequate quantities of water.This fundamental truth underlies the immeasurable importance of a public drinking water system;a cornerstone for public health,quality of life and a sustainable economy. The Safe,Clean Drinking Water Program is a multi-faceted initiative being undertaken to assure safe,clean drinking water for Saint John;potable water delivered to users in a state that is clear,colourless,odourless and free of disease-causing micro- organisms(pathogens)or harmful chemicals.Saint John has to improve its standard of drinking water treatment,as well as make extensive improvements to the infrastructure system that conveys water to consumers.Waterborne disease is a risk inherent to all surface water supplies;one that the current system of disinfection does not eliminate with the required degree of certainty. The lack of adequate treatment facilities in Saint John is a fundamental deficiency;it limits the level of treatment possible and the City's ability to assure water quality to citizens.This deficiency presents an unacceptable level of risk. Pathogens can be present in any surface water source and disinfection by-products(DBPs),such as trihalomethanes(THMs)and haloacetic acids(HAAs), require mitigation.DBPs are formed when the chlorine used in disinfection reacts with naturally occurring organic matter in the water.These compounds have carcinogenic potential and possible long-range health effects. Although the City of Saint John has invested significantly in drinking water improvements over the last decade,more extensive upgrades of the system of transmission and distribution are required.The network of water mains,pressure zones and storage reservoirs has to be improved to meet basic system parameters for reliability,hydraulic functionality and maintaining water quality.A factor that contributes to high usage levels in this community is a large amount of water flushed annually to assure local water quality in several neighbourhoods and at system extremities.System restrictions need to be addressed and aging infrastructure replaced or rehabilitated so that good quality water at adequate pressure can be delivered to consumers'taps across the city-at an affordable price.Without upgrades,the City is unable to promise safe,clean and reliable drinking water. The clear and unacceptable risk associated with inadequate water treatment and aging infrastructure(some of the oldest in Canada)is well established;Saint John Common Council has made safe,clean drinking water its foremost service priority.Inaction -not acting in a timely and complete manner-has potentially serious consequences;risk to public health and well-being,waste, inefficient use of water resources,and unfortunate limitations on community and economic development. 6 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 286 10. Project cost information Total project capital costs $ 172,732,000.00 Total public infrastructure capital costs $ 172,232,000.00 Total land costs and furnishings, S 500,000.00 P3 Canada Fund support requestedz $ 43,oss,000 Other government funds requested $ to be determined Total funding currently secured $ o.00 Annual estimated revenues (if applicable) S N/A , Please note that land and furnishings are not eligible costs. Z Must be based on the value of the public infrastructure capital costs only. PART B2- P3 PROJECT INFORMATION 11. Proposed P3 model—Please check the areas where you envision the private sector taking responsibility and briefly describe why. In doing so, please address the following questions to the best of your ability: � Design: Will sufficient scope be left for the private sector to innovate and realize efficiencies? Please explain: There may be opportunities to optimize the design of the water treatment facility. 7 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN 'i' PPP Canada 287 � Build: Will the private partner be responsible for the overall construction of the bid design? Will the private partner deliver the asset for a fixed price and date? Please explain: Yes,the private partner would be responsible for the construction of all onsite works and deliver it for a fixed price.The contract would include a fixed date to complete the commissioning of the drinking water treatment facility. � Finance: Will the private partner arrange for construction financing to ensure the project is delivered in accordance with the P3 Agreement?Will the private partner arrange for long term financing during the construction phase and O/M period? Please explain: The private partner would provide for long term financing of the construction that would be paid back over the O/M period. 8 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 2$$ � Operate: Will performance levels be identified at the early stages of the procurement? Will the operator be involved as part of the design and construction stages to ensure the infrastructure is built to optimize performance during the operating and maintenance period? Please explain: The quality and quantity of the water to be produced will be stipulated at the beginning of the procurement process.The private sector proponent would have the opportunity to design and build the water treatment facility to optimize performance,assure water quality and secure sustainability(into the future)during the concession period. � Maintain: What risks for long term lifecycle requirements will be transferred to the private sector?Will the P3 agreement specify the conditions under which the asset is to be handed back? Please explain: The Hand Back Requirements must be stipulated in the contract to ensure that the condition of the facility is very good at the end of the concession period.Especially important to a water treatment facility is the ongoing maintenance and replacement of mechanical,electrical and instrumentation equipment.The condition of the building and all major structures is also critical since the overall lifespan of the facility is expected to be 80 to 100 years. It would be expected that the proponent conduct several repair and refurbishment initiatives in the last few years of the Concession Period. 9 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 289 12. Overall,why is a P3 approach right for your project? Explain what you would like to achieve with the P3 model, e.g.: transfer of risk,time and budget certainty, innovations brought by the private sector, revenue sharing, leveraging of public assets, etc. The single most crucial challenge facing this community is securing project funding that maintains affordable user rates for the citizens and businesses of the region.A high quality drinking water system is a cornerstone of public health,quality of life and a sustainable economy.Saint lohn cannot wait another generation to improve the delivery of water. 13. Briefly describe the proposed P3 transaction by addressing the following questions: a) Expected life of the proposed asset and length of the concession period Life of the asset would be 80 to 100 years. Duration:a concession period of 30 years would be required,with ongoing maintenance and repair during that term,and full life-cycle refurbishment of all major mechanical,electrical, control&building. b) If known, please explain the expected relationship between the project applicant,the private partner and other stakeholders (if possible, please attach to your application a diagram that shows this transaction structure) The City of Saint John,the project applicant,would administer the contract with the private partner,own the facility,answer to the ratepayers,follow the requirements of the provincial regulators. The Private Partner would also have to comply with regulators that oversee the provision of drinking water to the public and the regulators who protect the environment from the discharge of harmful waste. 10 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 290 c) If available, please describe the results of market soundings, requests for Expression of Interest, and/or information on the type of market, market experience with P3 model, etc. N/A The City's only experience with a formal P3 process was that related to Peel Plaza(2009).Although the City did not proceed with a P3 approach,valuable lessons were learned and experience was gained.These will help guide the City of Saint John through a process for the Safe Clean Drinking Water Program. 14. Describe the project's procurement schedule by responding to the questions below: a) Has the procurement started? ❑ Yes � No b) If yes, how far has the procurement process advanced? 11 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 291 c) Please indicate any deadlines driving your procurement The City has a goal of an operational facility by the end of 2015 d) How will you ensure the procurement process is a transparent, fair and competitive? The competitive procurement process will be fair,open and transparent,in accordance with the general policies of the City of Saint John(as those would apply to a P3 process).Subject to viability of a P3 procurement model for this Program,the City plans to undertake a RFQ(Request for Qualifications),market testing and an RFP(Request for Proposals). It will establish other process features to ensure the interests of the community and its water utility are fully represented. A direction and oversight structure would be established under the overall authority of Saint John Common Council to include: Council Water Committee;a Process Coordination Team;and legal,financial and technical evaluation teams.The City shall reserve the right to adjust,remove component parts or terminate the process should it be determined not to be in the interest of the community and the water utility. The City has a well established competitive procurement process;one that is fair,open and transparent. e) Preliminary P3 procurement schedule—please indicate the dates below. If a more detailed procurement schedule is available, please send it along with your application. Procurement Stage Estimated Date Business case and P3 procurement approval by Authority(Council, Ministry,Treasury Board,etc.) 30-Apr-12 Release RFQ 31-Oct-12 Release RFP (and draft concession agreement) 31-May-13 Select Preferred Proponent 31-Oct-13 Construction Commencement 31-May-15 Construction Completion 27-1an-17 12 F'3 Canada Fund: Kound 1 hree Application Guide �A�, '�lr' PPP Canada 292 Part C — Status & Project Planning 15. Is there a project champion? If yes, please indicate name and position.The project champion is a public spokesperson who is usually at the political or senior executive level.This role centers around advocating the project internally and with external stakeholders. Furthermore,the champion may obtain budget authority for the project, seek the required approvals, and oversee the overall execution of the project. J.M. Paul Groody,P. Eng.,Commissioner Municipal Operations and Engineering 16. Project Status—List the relevant studies that you have completed,that are underway or that you intend to carry out. Please indicate completion dates (or expected date) for each study(e.g., operational/technical/financial feasibility studies). If available, please attach the supporting documentation to your application. Preliminary design of the water treatment facilities 2009 Value Engineering of the WTP&Water System Improvements 2009 Water System Improvement Program and Water Treatment Plant Siting Study 2011 Site Specific Preliminary Design of the Saint lohn Drinking Water Treatment Facility(Expected early fall 2011) 17. Why is this project a priority? a) Indicate if funding for the project has been approved, by which appropriate authority, and where it is referenced, e.g., strategic plan, capital plan, or other policy document. Funding has not yet been secured from senior levels of Government. 13 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 293 b) Indicate the required project approvals and anticipated schedule. Examples of internal approvals: support of preliminary feasibility studies, support of preliminary business case, support of environmental assessment evaluation, etc. Examples of external approvals: support from provincial minister, or Treasury Board or designated infrastructure minister. Required Internal Approval Date Safe Clean DW Program-Program Structuring and Implementation Plan(S1 Council) April 11,2011 Program Delivery Approach(SJ Council) 30-Aug-12 Program Implementation(SJ Council) TBD Selection of project consultants and contractors(SJ Council) TBD Required External Approval Date Funding Agreement(s)(City,NB and Canada) 23-1u1-12 Environmental Impact Assessment(s)and others 16-Dec-11 Approval to Construct from NB D of Environment TBD Government of Canada approval from Infrastructure Minister TBD 18. Describe the P3 procurement experience of the applicant,the Project Leader and its procurement team. If applicable, please include any P3 advisors you have or will be engaging. a) Describe internal and external teams that will be responsible for the P3 procurement process: The Safe Clean Drinking Water Program Team(proposed to be 4-7 people)will engage the services of any necessary consultants and P3 advisors when they are required. Internally,the City has Legal and Purchasing staff that have experience with P3. 14 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 294 b) Indicate the procurement team experience with P3 and/or complex procurements. The City's experience with a formal P3 process was that related to Peel Plaza(2009).Although the City did not proceed with a P3 approach,valuable lessons were learned and experience was gained.These will help guide the City of Saint lohn through a process for the Safe,Clean Drinking Water Program. Project Manager(Peel Plaza Project):William Edwards, P.Eng.(bill.edwards@saintjohn.ca) Second Contact(Peel Plaza Project):Gerald Mattsson(gerald.mattsson@saintjohn.ca) P3 Advisor:Deloitte The City has a well established competitive procurement process;one that is fair,open and transparent. 15 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN '�lr' PPP Canada 295 Part D — Funding Information 19. Other than support from the P3 Canada Fund, list all sources of planned or anticipated project funding. If known, please specify the source of funds for long-term operations. Source of Funds Amount Approval Status Water and Wastewater Utility(ratepayers) To be determined subject to approval by S1 Council Province of New Brunswick To be determined none 20. List all sources of federal funding: If you have applied, or plan to apply, for other forms of direct federal support in respect of this project, please indicate the amount to be contributed by these sources and whether the amount has been received or is anticipated. If available, please attach to your application letters of commitment. Source Amount in Cash In-Kind Amount Confirmed Yes/No Build Canada Fund to be determined no Examples of in-kind amount:value of land, services, buildings, equipment, etc. 16 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �cHN '�lr' PPP Canada 296 NOTE The combined value of the P3 Canada Fund contribution with any other direct federal assistance (e.g., Building Canada Fund, Infrastructure Stimulus Fund), shall not exceed 25%of the project's eligible costs (which include direct construction costs and development costs). Contributions from Indian and Northern Affairs Canada (INAC) are not considered federal assistance for the calculation of this limit, with the exception of the First Nations Infrastructure Fund. 21. Are there potential revenues that could be generated by the project to offset the costs? If yes, please explain: The only revenue that is generated by the water utility are the user rates paid by the customers. 22. Please indicate the nature of the P3 Canada Fund financial support requested and why: Definitions of the types of support can be found in section 1.5 of the Application Guide. � Non-repayable contribution ❑ Repayable contribution ❑ Loan and Loan guarantee Please explain why: Affordability for ratepayers is critical to the success of the project. The large capital cost cannot be supported by the citizens of Saint John only. 17 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �HN 'i' PPP Canada 297 Part E — Declarations 23. Conflict of Interest and Post-Employment Code: Are there any employees working on, or managing,the project who are former public office holders who left the federal government in the last twelve months? ❑ Yes � No If"Yes", please ask the person to confirm, if they occupied an executive level (EX) position, whether they obtained from their previous department a confirmation letter of compliance with the post-employment provisions of the Conflict of Interest and Post Employment Code. Please attach a copy of that letter with this application form. 24. I declare that: 1. All the information in this application is accurate and complete; 2. I have read all sections and appendices of the Application Guide and understood the requirements; 3. The application is made on behalf of the organization named on the first page of the form with its full knowledge and consent, and that I am an authorized official to sign this Application From (as indicated in section 2.1); 4. I acknowledge that, should my project receive financial assistance from PPP Canada, the project name and brief description of the project provided herein may be made public (as indicated in section 1.5); S. I acknowledge that should this application be approved and my project considered for an investment from the P3 Canada Fund, I will be required to provide an unlocked financial model of the project to PPP Canada (as indicated in section 1.3.2); 6. I acknowledge that should this application be approved, I will be required to enter into a financial agreement in order to receive a funding commitment from PPP Canada (as indicated in section 1.5); 7. I acknowledge that before a final funding commitment is issued by PPP Canada, a letter of support from the provincial Minister of Finance, or Treasury Board, or the designated Infrastructure Minister for provincial and territorial applications must be provided; municipal projects will require a resolution from the municipal government; and First Nations projects will 18 r� ..u;�Uuu , u„u. ,�„u��u ,�i�ee�v��,�,,.u�,�� iue ae HN '�lr' PPP Canada 298 require a supportive Band Council resolution (BCR).The supportive resolution must specifically reference the project and the request to PPP Canada (as indicated in section 2.3); 8. I acknowledge that,where applicable, receipt of support through the P3 Canada Fund triggers certain requirements under federal legislation, including but not limited to environmental assessment requirements in accordance with the Canadian Environmental Assessment Act (as indicated in section 2.3). Please note that, if requested, PPP Canada is willing to enter into a Confidentiality Agreement with applicants to protect proprietary information on their projects. Name: Elizabeth Gormley Tltle: Common Clerk,City of Saint John Signature: Date: To be signed subject to and following formal adoption of the Council resolution at its meeting of July 4,2011 All application forms, both hard copy or electronic, must be signed by an authorized official. For applications submitted electronically,the authorized official is required to print Part E - Declarations of the application and sign it. The original signed form may then be scanned and attached to the application form. For applications submitted in hard copy(mail or fax), the Application Form must be accompanied by the electronic PDF version of the application, via email or electronic storage device. 19 � ._, �.u��uuu � u��,. ��u��u ��,p.�..��,�� u��,� �cHN '�lr' PPP Canada 299 i / _ �----�, ��-�--� / � ��=-�-= �� ___ _ , � „ °�,�' O i LITTLE RIVER RESERVOIR ;,., _ __ __ — __ _ � �° � _� �� ` �� , _� , �� .�--� — � _ � � � � � , ��- . � _ � � __ �'� � � � p �� , � � "'�_. �� , F -- '�►.� � �� ` � � � , . , �� - - � � �F� :, � _�.�� -___,� , , � ,, � �� - � SETTLING PONDS \ � J - � � ,. � "�� , � , __ � � � � � _ _ °� � '� ` � � W . - �� _- , �� %" � �� ;� �� .� , . . ., ,. � _ ,� � � � I I �� / C � � . , i � , � � � r + � � �� -� � � � � � �� - - < � � C � � � �,. � � � C - S �. � � � � � � �I � a r.. „ �. _��, � F� . ,��;;� � � � - � �,.� �- -� , , . �� ' i � o � o � � �� , � �� , °�.� RESERVOIR �� o , __� o � � � �J c ` o o � � � � j � � � � � _�! � \ � � � v \ , � J � `� °' c �. ,.: n _ � ,. � �� U U � � � C � � v ... . . / �� \ � � ;� c v ^ � � ��r � FUTURE EXPANSION � o �� o � �� o AND ADDITIONAL� �� o 'I' �� TREATMENT OPTIONS � �� / �` � , � o � , , � �►`� < J v o �� - ADMINISTRATION � � D -�'�j/ `�: '\ � . �� RD —,�-� � ��, � BUILDING � / � � TREATMENT FACILITY �� . �-� � = .��MpRE L�� A�, o , _ � � � � -' ` ; o o�' o �=�__---- 1 ,---�'" �� i �� I o 0 0 0 0 0 00° - i � ,- c o j- v v /o° o � c � c o v / ; ; ,. 0 00 0 � o c o c ° c o � � )I / , � � � � � o � � � o „ � � c ., � v o v o „ ,� � � _ � .. „ � � o 0 0 , ; � � , �� . , � _ � � -�. �� ° o � ec o a j o � �_ .._ � � �� i�� , � HICKEY ROAD ° c --� _�� / o –' __ __ - -- —— , ---- Y-- � �� _ -�"� � , � �� ;� �.._ � � � , � . , �_ � � � � i � ; � ��,�� {y�� l -`�_ / ,- w` `Ci , j/ e ' �"i � � � � � ��,` " � � � � �- � , � � �. ��% �� _� , �� ... �� , � �.��Q� � Q� ', . , Ca —` , 20 0 40 80 m #M2000 Date SAINT JOHN DRINKING WATER MAY2011 � � CITY OF SAINT JOHN ;� -° TREATMENT FACILITY Scale °p`4n �E� AS SHOWN � DRG TItlB. PROJECT No. R.V. Anderson 112313 � Associates Limited SITE PLAN WITH LAGOONS DRGNo. engineering � environment • infrastructure G2A 300 O �O � CHEMICAL � FEED AREA � O � � 0 ROOM � � FLOCCULATION TANK CLARIFICATION FILTER J TAN K w � Q � � Y J M/WR � � MIX TANK 1 MIX TANK 2 z � RECEPTION � O CLARIFICATION � W/WR z v FLOCCULATION TANK TANK FILTER p w � m " a J � OFFICE � w O CHLORINE CONTACT � CLARIFICATION � � TANK � FLOCCULATION TANK FILTER OFFICE TANK w (BELOW GROUND) RECEPTION v W/R OFFICE/ LOCKERS FLOCCULATION TANK CLARIFICATION FILTER CONTROL SHOWERS LAB TANK ROOM � Q JO O � � �w Q PUMP UTILITY RESERVOIR CHEMICAL FEED AREA � v w w ROOM (BELOW GROUND) 0 � � w � w � 2.5 0 5 10 m #M250 Date SAINT JOHN DRINKING WATER JUNE2011 � � CITY OF SAINT JOHN ;� -° TREATMENT FACILITY Scale °p`4n �E� AS SHOWN � DRG TItlB. PROJECT No. R.V. Anderson 112313 � Associates Limited LAYOUT PLAN DRGNo. engineering � environment • infrastructure S1 301 REPORT TD COMMON C � UNCIL � M & c 2011 — 172 '� �. ,�� ;,( � � � . June 29, 2011 ''� r' The City of Saint �ohn His Worship Mayor Ivan Court and Members of Common Council Your Worship and Members of Council: SUBJECT: Contract No. 2010-26: Rodney Terminal Outfall Renewal—Phase 1 BACKGROUND The 2011 General Fund Capital Program includes funding for the removal of approximately 180m of existing 1800mm by 1200mm timber sewer and replacement with 2100mm diameter concrete sewer, as well as a renewal of a section of corrugated steel pipe at the outfall to the Saint John Harbour. The work consists generally of the supply of all necessary labour, materials and equipment for the construction of approXimately 180m of 2100mm diameter concrete Class IV pipe, lOm of 1800mm diameter storm sewer pipe, 20m of 2100mm diameter aluminum corrugated metal sewer pipe, 30m of 300mm diameter sewer pipe, 28m of 375mm diameter sewer pipe, 28m of 450mm diameter sewer pipe, one 3000mm diameter manhole, one 3600mm diameter manhole, one 2100mm diameter tee base manhole and siX catchbasins. Also included are connections to existing storm sewer pipes, video inspection, supply and placement of new granular base and sub-base and surface reinstatement all in accordance with the specifications and drawings. This work also requires the temporary removal and reconstruction of several rail tracks to be done by NB Southern Railway under the coardination of the Contractor. TENDER RESULTS Tenders closed on June 28, 20ll with the following results: 1. Galbraith Construction Ltd., Saint John, NB $1,476,438.79 2. Fairville Construction Ltd., Saint John,NB $1,686,926.15 3. Dexter Construction Company Limited, Moncton, NB $2,132,167.62 The Engineer's estimate for the work was $1,618,628. 302 M & C2011- 172 June 29, 2011 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 the 2011 General Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes the estimated amount of work that will be performed by City forces and Others. The analysis concludes that a total amount of $3,336,528.00 ($1,721,528.00 Other Share under Gas Tax and $1,615,000.00 City Share) was provided in the budget for the Rodney Terminal Outfall Renewal project and that the projected completion cost of Phase 1 is estimated to be $1,585,862.98, including the City's eligible HST rebate — a $1,750,665.02 positive difference. This remaining amount ($1,750,665.02) will be utilized for the Rodney Terminal Outfall Renewal — Phase 2 project that is proposed to be tendered in the coming weeks utilizing a trenchless sewer lining technology. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract 2010-26: Rodney Terminal Outfall Renewal —Phase 1 be awarded to the low tenderer, Galbraith Construction Ltd., at the tendered price of $1,476,438.79 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. J. Patrick Woods, CGA Commissioner City Manager Municipal Operations & Engineering 303 � City Solicitors O�ce Bureau de l'avocat municipal 1'he Gty of Saint)ohn June 30, 2011 Common Council of The City of Saint John Your Worship and Councillors: Re: Main Street Bike Lane — Traffic By-law Amendment Common Council at its open session meeting of May 9, 2011, resolved that the text of an amendment to the Traffic By-law be prepared to facilitate the introduction of a bicycle lane on Main Street. More particularly the amendment in question would provide for a reduction from sixty (fi0) kilometers per hour to fifty (50) kilome#ers per hour in the s�eed limit on the portion of Main Street between its intersection with Chesley Drive and i#s interception with Harbour Bridge Ramp "C". The text of the proposed By-law is attached and it is now in order for Councif to give it first and second reading. RespectFully Submitted, �2.l�G�- � John L. Nugent City Solicitor Attachment f_�' SAINT ]OHN P.O.Box 1971 Saint John, NB Canada E2L 4L1 I wwwsaintjohn.ca I C.P. i 971 Saint John,N.-B.Canada E2L 4L1 �� 304 A BY-LAW TO AMEND A BY-LAW ARR�TE MODIFIANT L'ARRETE RELATIF RESPECTING TRAFFIC ON STREETS IN A LA CIRCULATION DANS LES RUES DE THE CITY OF SAINT JOHN MADE UNDER THE CITY OF SAINT JOHN EDICT�.` THE AUTHORITY OF THE MOTOR CONFORMEMENT A LA LOI SUR LES VEHICLE ACT, 1973,AND AMENDMENTS VEHICULES A MOTEUR(1973)ET THERETO MODIFICATIDNS AFFERENTES Be it enacted by the Common Council of Lors d'une r�union du conseil municipal, The City of Saint John as follows: The City of Saint John a d�crete ce qui suit : A By-law of The City of Saint John Par les pr�sentes, 1'arrete de The City of entitled "A By-law Respecting Traffic On Streets Saint John intitule « Arrete relatif a la circulation In The City of Saint John Made Under The dans les rues de The City of Saint Johsi �dict� Authority of The Motor Vehicle Act, 1973, and conformement a la Loi sur les vehicules a moteur Amendments Thereto", enacted on the 19`h day of (�973) et modifications afferentes », decret� le 19 December, A.D. 2005, is hereby amended as deceml�re 2005,est modifie comme suit : follows: 1 Appendix A— Speed Limits on Provincial 1 Annexe « A » — Limite de vitesse sur les Highways — is amended by deleting the following routes provinciales — est modifi�e par la words under the following headings: suppression des mots suivants sous les titres suivants: Limits Des. Limites Limite Speed de Limit vitesse d�sign�e Main St.: Chesley Dr. 60 rue Main : entre la 60 to Harbour bridge promenade Chesley Ramp"C" et la bretelle«C » du pont du port 2 Appendix A — Speed Limits on Provincial 2 Annexe« A »—Limite de vitesse sur les routes Highways — is amended by adding the following provinciales -- est modifi�e par 1'adjonction des words under the following headings: mots suivants sous les titres suivants: Limits Des. Limites Limite Speed �e Limit vitesse d�sign�e Main St.: Chesley Dr. 50 rue Main : entre la 50 to Harbour Bridge promenade Chesley Ramp"C" et la bretelle«C » du pont du port 305 IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI, The City of Saint John a fait has caused the Corporate Common SeaI of the said apposer son sceau municipal sur le present arret� City to be affixed to this by-law the day of le juin 2011, avec les signatures suivantes : June,A.D.,2411 signed by: Mayor/maire Common Clerk/greffi�re communale First Reading - Premi�re lecture - Second Reading - Deuxi�me lecture - Third Reading - Troisieme lecture - 306 �. EP � RT T' � CQ .M .NI � N CQUNCIL � �� D� 1\ � ��!!� \ I � �� CL> / E-V � > w��. �`- -:� L, �ir""""`l`� M & C 2011 The Cit}�of Saint�ohn July 4, 201�1 His Worship Mayor Ivan Court And Members of Common Council Your Worship and Councilors: SUBJECT: Land for Public Purnoses (LPP) Trust Fund Apnlications a. An�lin Drive Nei�hbourhood Tenants Association Plav�round Proiect b. Romeo & Juliet Park Committee Green Space Proiect BACKGROUND Coinmon Council is receiving applications from the Anglin Drive Neighbourhood Tenants Association and the Romeo & Juliet Park Committee requesting support for the development of their respective neighbourhood projects through the LPP Trust Fund. ANALYSIS An�lin Drive Nei�hbourhood Tenants Association Plav�round Proiect The Anglin Drive Neighbourhood Tenants Association is requesting $5,000 towards the installation cost of CSA approved playground equipment which they recently purchased far the neighbourhood. Tliis neighbourhood mobilized and tlu-ough their efforts raised the necessary funds to purchase the new playground equipment which is now ready to be installed. This new playground equipment will replace an existing playgi•ound that has detei-iorated and has reached the end of its life cycle. The old playground equipment is scheduled to be rernoved by the Leisure Services Deparnnent with site prepai•ation to Uegin for the new equipment. The Leisure Services Department will continue to regularly inspect and maintain the new playground as done in the past at this playground location. The new equipment will provide the children of this neighbourhood witli safe and up to date playground structures for their enjo}�nent and play. 307 Romeo & Juliet Park Committee Green Space Proiect Residents of this Millidgeville neighbourhood have mobilized and fonned the Romeo and Juliet Park Committee in an effort to create a fiinctional green space and passive pIay park in their neighbourhood. This committee has been very active in the restoration of this designated park area tlu-ough community clean-up efforts and planning for re- puiposing the area for use by the neighbourhood. City staff is encouraged by tlie commitment and dedication of the numerous volunteers and support this initiative of this neighbourhood. CITY OF SAINT JOHN COUNCIL PRIORITIES 2008-2012 On September 12 and 13, 2008 memhers of Saint John Common Council met to develop priorities for 2008-2012. Cominon Council envisioned revitalized neighbourhoods that are safe, vibrant and ath•active. Reinveshnent in existing recreational facilities was seen as a priority based on the needs of the community. FINANCIAL IMPLICATIONS Staff supports the development of both projects through the LPP Trust Fund. Each organization is requesting $5,000 to support their respective neighbourhood initiative for a total of$l 0,000.There is currently a balance of approximately $30,000.00 in the Land for Public Purpose Fund. Should the recommendation be approved the bala�ice of the LPP Trust Fund will be a�proximately$20,000. RECOMMENDATIONS. It is recommended that Council: An�lin Di•ive Neighbourhood Tenants Association Plav�round Proiect A1. Support the development of the Anglin Drive Neighbourhood Association — Playground Project in the amount of$5,000; A2. That such funding is contingent on the equipment and installation being CSA approved and that a letter from the equipment supplier stating this fact is sent to the City Leisure Services Department; Romeo & Juliet Park Committee Green Space Proiect B 1. Suppoi-t the Romeo & Juliet Park Cominittee Green Space Project in the amount of$5,000; 308 B2. That sucI� funding is contingent upon the Romeo & Juliet Park Cominittee receiving matching funding through other sources; B3. The Romeo & Juliet Park neighbourhood committee be responsible for mowing the newly established green space and organize neighbourhood maintenance/ clean-up activities toward the sustainability of the park; B4. The Romeo &Juliet Park committee receives the appropriate approval fi•om the Department of Environment to complete the project. Respectfully submitted, � Michael Hugenholtz Acting Commission of Leisure Services J. Patrick Woods, CGA Deputy City Manager KW 309 Appendix A 310 A�NGLIN � � � IV � E 1 EIGHBOU�HOCJD �ENA NTS �SS OC. Dear Mayor Ivan Court and Members of Common Council: I am the president of the Anglin Drive Neighbourhood Tenant Association. Our association, a group of very dedicated volunteers, have been working very hard for the past year trying to rebuild our community playground. I am writing to make application to the Land for Public Purposes Fund to further assist in the completion of our new Anglin Drive Playground. Our original and current playground which has never been upgraded or replaced is in very bad repair and at this point is unrestorabfe. I am very proud to say that we have purchased our new playground equipment and it now sits in a warehouse awaiting installation. Our new playground at this point is very near completion and we are all very excited to see our dream becoming a reality. We have been working very closely with Leisure Services to help direct us in making sound decisions and to move in a positive direction. We have partnered with the Province of New Brunswick, Royal Bank, and Lafarge. We have been engaging our community in fundraising projects such as bottle drives, yard sales, car washes, a children's fashion show, and an auction just to name a few. We have had many meetings with the children and parents of our community to boost moral and to receive input on their new playground, and we are happy to say that the feedback is very positive and as the completion date draws nearer the excitement is growing. We are seeking assistance�.from the LPP fund for an additonal $5, 000 to purchase our new playground surface and for the installation of the playground equipment. With your help we hope to have our new Anglin Drive Playground installed no later than the end of May 2011. We are very excited as we look forward to seeing our community children enjoy their beautiful playground just in time for spring. Our new playground will be monitored regularly by the Tenants Association as well as the Anglin Drive community to prevent vandalism. I have included many pictures of our old playground and a schematic of our new playground equipment, as well as an assortment of pictures of our many fundraising activities and playground community meetings. I have also included a printed version of our Playground Power Point Presentation for you to view as well. I'll be looking forward to hearing from you soon. Should you require any further information, please do not hesitate to contact us. Thank you. Kelly Kelly - President ph: 646-8185 .� ; , � , \ ��GLIN `�RIVE �S �Ll��. 311 . . /�� „ 1, . ,�-��._ �� , �.�-� , � � , _ �� ____. � �� ; : � ��r tJ ��- �:_�� Ll�E `�Il�lp � www.blucimp.comcsalesc?blueimp.com p l a y 1 C � c� S Kelly Kelly 143 Anglin Drive Saint John, NB Name of Project: Playground Equipment - Order 8� paicl for after July 1, 201C1. Item No. C�it Description Amount 1108002 1 Glowing Hearts Play Structure $ 16,244.00 S2102220RHC 1 10' Swing Set c/w 2 belt and 2 baby seats $ 1,633.00 PK-194 1 Vinyl Coated Park Bench $ 455.00 Installation (auger, concrete, labour) $ 6,460.00 Ground Preparation *** $ 10,000.00 Shipping (Medicine Hat, AB to Etobicoke, ON) No Charge Shipping (Etobicoke, ON to Saint John, NB) $ 540.00 Subtotal $ 35,332.00 13% HST $ 4,593.16 Total Cost $ 39.925.16 *** Ground preparation includes excavation of site to 12" depth, and the installation of filter cloth qnd 12" of pea stone safety surtacing. To place this order, please sign and return by fax to (506) 633-0625: Signature of Acceptance: Date: Print Name: Position: This quotation is valid for 90 days. 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Appendix B 333 Romeo � Juliet Parl� Canmittee c% 23 Dee�nvood Place Saint John NB EZK SM6 (506) 634-?808 Api-il 18, 2011 Dear Mayor and Councillors of the City of Saint John, Please find:enclosed our submission to request funding from the LPP fund to help develop a green space in our local area to be used by the many families and individuals that live in our area. Almost 8000m`'of land exists near the fornler Romeo and Juliet fei-�•y landing area in Millidgeville. It has long been a topic of discussion among members of our community that this area should be cleaned up and developed as a "park". In its cun•ent state it tends to be a secluded "hang out" late at night as well as a dumping ground for a lot of garbage. It would appear the City of Saint Jolui had at one point considered developing this area as they had commissioned a plan for development (enclosed) which was completed in 2000. There are almost 100 families living in the area near the proposed developrnent (including Kennebecasis Dr., Wesrinount Dr., Brigadoon Ten-., Lentook Ave., Secoudon Dr., Deerwood Pl. and Sandy Point Rd.) and there is no easy access to flat "green space" in our local area. In the early Spring of 2010 several meetings were held to begin tlle planning process. Eventually wifli the help of Barry Freeze and Kevin Wilson of the Leisure Services Department a large well attended community meeting was held at the Interpretative Center at Lily Lake. Plans were reviewed and it was decided the first step would require a "clean up" of tlie area to remove accuinulated garbage as well as to clear out lot of the overgrown brush. On two separate weekends several individuals and families showed up to get this work done (photos attached). The City of Saint Jolm was kind enough to remove the garbage we collected and to mulch the brush that was removed. At ineetings held later in the summer we considered hiring a consultant to engage the community and to develop a plan for the area. When Kevin Wilson looked into this it was clear even a basic plan prepared by a consultant would be very expensive. In light of this it was decided to use the "old"plan as a basis for the development while including additions the coinmunity felt would be important. This plan is included as the drawing prepared by Denise Greene-Lui. It basically shows the development of a flat green space for the use of our community with the addition of some slu-ubs benches and a picnic table. As a large amount of our local area is hilly there is really no flat area for children or adults to kick/tlu-ow a balI or to play most sports (unless on the road). On the plan an area has been left for a possible playground but this would require extensive fundraising and is not currently within the scope of our proposal. There will be access for launching of kayaks and small boats. In future a proper boat launch could be considered (again out of scope for the current proposal). 334 A cost estimate is included to cover the cost of materials, pri�narily top soil a�id sod. The �5000.00 rec�uested represents 50% of the required funding and we have requesied matching funding fi•om the Province of New Bi-unswick. Our community will supply the laboui-to lay the sod and to plant the trees. A local cont�•actor lias ag►•eed to pi•ovide the equipment to first leve] the area and to then spread the topsoil. To date 6 loads of topsoil have been donated along with 2 benches and a picnic table. Agi•eements are in place to mow the grass for tlie next few yeai•s. We will be contacting the Department of the Environment to get approval before we begin our•project since it bordeis on the St. Jolu� River. Cduncillors Gary Sullivan and Patti Higgins have been both involved and very supportive of our project to date. In summary we Uelieve this project adds a very functional greeii space and a passive play park in a gi•owing community with young fainilies. It«ill "beautify" an area that is currently a vacant gravel lot and a "dumping ground". To date our couimunity has been very involved in fl�is project and we now require the support of the City of Saint Jolu� to complete this very worthwhile development. I appreciate you taking the time to considei•our request. Sincerely, Bob Fisher Co-chair Romeo and Juliet Pa�•k Committee 335 Cost Estimate: Romeo and Juliet Pai-k 5/2011 Initial clean up-completed by community Area 200'x100'=20,000 ft'` with 6" Topsoil Topsoil: 345 yd3 I Syd3/truc'kload topsoil Will need 23 loads 3 loads donated to date'�` $230/load delivered x 20 loads = $4600.00 +HST 4�598.00 = $5198.00 Sod 20,000 ft2 :�0.21/ft2 delivered = $4200 + HST $546.00 = `�4746.00 Shrubs $ 66.00 Benches- donated 0.00 Picnic table-donated 0.00 Survey and levelling of area-donated 0.00 Total �10,000.00 a`Please note if additional loads of topsoil are donated the extra funds available will be used to purchase more shrubs and trees. 336 ROME O & JULIE T PARK `"� �� .S. - --- --. - PROPOSED SITE �:�,500 .. — -- ____ _ � .Ty ,+ .�� .;• ,� ` --- - - - - — - -_ -- ., ` 4 � ` ;:1y, , �t _ rr` F.{ }'i� �w>�r 1 . I _: .� �t � ,` - ��' . � .. 'i'� :� , �} i � ��_.`1 _ , ' .V`.i• . `\{Ty��i� � � � r �,F ��...�� .•�'!"�- � � Y�' � 1 . . �. 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M &C2011 - 175 The City of Saint�ohn June 29, 20ll His Worship Mayor Ivan Court & Members of Common Council Your Worship and Members of Council, SUBJECT: Contract No. 2011-15: Asphalt Concrete Resurfacing - 2011 BACKGROUND The 2011 General Fund Operating Budget for Municipal Operations & Engineering and the General Fund Transportation Capital Program include a provision for the resurfacing of a number of streets in the City. This is an annual program to upgrade and maintain deteriorating street surfaces under the maintenance and capital resurfacing programs. This contract includes all work associated with the resurfacing of a total of 31 streets ar segments of streets. This work consists generally of the supply of all necessary labour, materials and equipment for the placement of approximately 11,491 tonnes of Superpave hot-miX asphalt. Also included in this contract is the installation of approximately 600 lineal meters of concrete curb and 3101ineal meters of 1.5 meter sidewalk. TENDER RESULTS Tenders closed on June 29, 2011, with the following results: 1. Classic Construction Ltd., Saint John, N.B. $ 2,289,210.71 2. NRB Construction Company Ltd., Saint John, N.B. $ 2,300,963.48 3. Debly Enterprises Ltd., Saint John, N.B. $ 2,654,325.59 The Engineer's estimate for the work was $2,968,239.82 345 M &C2011-175 June 29, 20ll Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be farmal in all respects with the exception of the tender submitted by NRB Construction Company Ltd, which contained a mathematical error. The mathematical error was corrected in accordance with Clause 2.18(a) of Division 2 — Instructions to Tenderers and Tendering Procedures, and the corrected amount is 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. FINANCIAL IMPLICATIONS This contract involves work that is to be charged to various operating and capital budgets. Assuming award of this contract to the low tenderer, an analysis has been completed which concludes that a total amount of $2,219,244.01 was provided in the various budgets and the projected completion cost of the projects included in this contract is estimated to be $2,141,077.49, including the City's eligible H.S.T. rebate — a $17,700.43 positive difference in the General Fund Transportation Capital Program, a $42,678.90 positive difference in the General Fund Operating Budget and a $17,787.19 positive difference in the Saint John Water & Sewerage Utility Fund. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2011-15: Asphalt Concrete Resurfacing - 2011, be awarded to the low tenderer, Classic Construction Ltd., at the tendered price of $2,289,210.71 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 J. Patrick Woods, CGA City Manager 346 REPORT TO COMMON C � UNCIL M & C2011 - 174 � i - -f as. r�o. June 29, 20ll ; � � � �� '� = -� His Worship Mayor Ivan Court �� r and Members of Common Council The City of Saint ►ohn Your Worship and Members of Council: SUBJECT: Contract 2011-09: Crown Street SLS No. 8 and Force Main PURPOSE Saint.Tohn Harbou� Clean-Up is about good health, clean waterways and quality of life. City of Saint John wastewater treatment and collection systems are being enhanced to protect people and the natural environment, and to help sustain institutions and the economy. Substantial progress has been made in the wastewater service. The purpose of this report is to recommend award of the contract for the construction of Crown Street SLS No. 8 &Force Main. BACKGROUND The Harbour Clean-Up Program is comprised of two major project components, the Eastern Wastewater Treatment Facility and a Wastewater Collection System. Construction is well underway on the Eastern Wastewater Treatment Facility. The design work for the Wastewater Collection System is continuing with the following projects tendered and constructed: Bayside Drive Sanitary Forcemain Phase 1 and Phase 2, Monte Cristo Lift Station #34, Red Head Road Lift Station #1, Red Head Road Lift Station #50, Bayside Drive Lift Station #2 and Newmans Brook Sewer Separation. The construction of Spar Cove Pumping Station #22, and Harbour Station SLS No. 10 & Force Main are scheduled to be completed by September 2011. The construction of Riverview Avenue SLS #30 and Force Main is scheduled to be completed by November 2011. The construction of Marsh Creek — New Collector Sewer and Force Main is scheduled to be completed by June 2012. TENDER RESULTS Tenders closed on June 29, 2011, for the Crown Street SLS No. 8 &Force Main project with the following results: 1. Fairville Construction Ltd., Saint John, NB $3,437,208.01 2. Galbraith Construction Ltd., Saint John,NB $3,717,022.00 3. Gulf Operators Ltd., Saint John, NB $3,878,040.94 4. Valley Excavation Services, Rothesay,NB $4,199,956.88 5. DeXter Construction Company Limited, Bedford, NS $4,838,380.89 The Engineer's estimate for the work was $5,693,454.94. 347 M & C2011 - 174 June 29, 2011 Page 2 ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tenders submitted by Gulf Operators Ltd. and Dexter Construction Company Limited which contained mathematical errors. The mathematical errors were corrected in accordance with Clause 2.18(a) of Division 2 — Instructions to Tenderers and Tendering Procedures, 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. FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2011 Water & Sewerage Utility Fund Capital Program. Assuming award of the Contract to the low tenderer, an analysis has been completed which includes work that will be performed by City forces and others. The analysis concludes that a total amount of $6,086,317.00 was provided in the budget to complete the construction of the lift station, forcemain and gravity sewer work. The projected completion cost of this Contract is estimated to be $3,596,202.44 including the City's eligible H.S.T. rebate. There will be a future tender with additional gravity sewer and force main that will utilize the remaining available budget amount for the project ($2,490,114.56). To date, the cumulative amount committed through award of Harbour Clean-Up Program projects is $76,095,108.17 including the City's eligible H.S.T. rebate. The overall total estimated cost of the Harbour Clean-Up Program as reported to Council on September 28, 2009 (M&C 2009-318) is $99,400,000 including the City's eligible H.S.T. rebate. 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 construction contracts, the City's General Specifications and the specific project specifications. RECOMMENDATION It is recommended that Contract No. 2011-09: Crown Street SLS No. 8 & Force Main be awarded to the low tenderer, Fairville Construction Ltd., at the tendered price of$3,437,208.01 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. J. Patrick Woods, CGA Commissioner City Manager Municipal Operations & Engineering 348 June 22, 2011 Your Worship and Councillors: SUBJECT: Cedar Point Anchorage Subdivision, Phase 7 554 Woodward Avenue (Project File) On May 24, 2011 Common Council referred the above matter back to the Planning Advisory Committee far a recommendation respecting the location of public streets within the proposed subdivision. The Committee had originally considered the attached report at its May 17, 20ll meeting. This matter was considered under other business at the June 21, 2011 PAC meeting. No further public input was sought, and there were no additional presentations made at the meeting concerning this application. In the Committee's deliberations, members still expressed the desire for a secondary access for the subdivision, which was also the desire of the PAC in 2007. However, due to the jurisdiction of the Committee a secondary access cannot be a condition of approval under the circumstances, nor can PAC recommend a secondary access as part of the assent of this phase of the development, since the land acquired for the secondary access is not part of this application. While members of the Committee continue to share the residents' concern with regards to increased traffic volume and safety with the approval of further residentiallots, after further consideration the Committee resolved to adopt the staff recommendation provided in the May 17 report, which is set out below for your convenience. The Committee also approved the new street name Topsail Terrace, but at the request of the developer at the May 17 meeting did not grant the variance relating to the reduced street right of way width standard. RECOMMENDATION: 1. That Common Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Cedar Point Anchorage Subdivision, Phase 7 tentative plan, as well as to any necessary municipal services and public utility easements, on the condition that: 349 -2- The plan is amended to include a 6 metre wide Land for Public Purposes dedication in the vicinity of proposed Lots 36-G to 42-G between Anchorage Avenue (extension) and the Nature Trust of New Brunswick Inc. property(PID No. 55198436). 2. That Common Council authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure provision of the required work and facilities, including detailed site and drainage plans for the approval of the Chief City Engineer or his designate, and any required contribution to the pumping station and potential force main upgrades, as well as any additional infrastructure costs associated with this proposed subdivision development. Respectfully submitted, Colin Murray Chairman MO Project No. 11-064 350 . � � ' rec aq oE�ne�dm May 27, 2011 Planning Adwisary Committee c/o �ynda Lockhart . �fOt�' Floor City Hali � Dear PAC Members: At a meeting of the Comrnon Council, held o�r May 24, 2011 the�olfowing resolution was adopted, namely:- "RESQLVED that the Planning Advisory Committee�be reguested fo provide Council with the Corr�mittee's recommendatiAn respecting the Eocation of public streets within the proposed Cedar Point Anchorage Subdivision (Phase 7}, as called for in accordance with s. 56 of the Community Planning Act." Sincerely, :�'� Jonathan Taylar . � Assistant Common CEerk �1 � SAINT JOHI�T P.O.Box 197'! Saint John,N8 Canada E2L 4Ll i wwwsaintjohn.ca � C.P.1971.Sainf John,N,-B,Car►dda E1L 4L} � r`� � 351 �� __ , � Plannzng P.O. Box 1971 50b�f958-280d Advisory Commit�ee saint John _ New Brunswick . Canada E2L 4L1 May 1 S, 2011 . � ---- �• tio>, . t;c1 Your Worship and Councillors: � ' Clty of Saint ]ohn SUBJECT: Cedar Point Anchorage Subdivision (Pl�ase 7) 554 Woodward Avenue{Project File) � The Planzung Advisory Committee considered the attached report at its 1VIay 17, 2011 meeting. Ladds Batten appeazed on behalf of the developer in support of th� application and the staff recommendation,provided that only a 3 metre wide Land for Public Purposes dedication would be required 'zn the vicinity of proposed Lats 36-G to 42-G (see attached report and recommendation). . Mr. Batten aiso indicated that they were no longer seeking a variance from the requirements of the Subdivision By-law with respect to the proposed 20 metre wide street rights of way. This phase of the subdivision would be redesigned in order to satisfy the new 23.1 metre wide iequirement that was very recently adoptec€by the City. - . Thera were three other presentations made at t�.ie meeting by area residents, , These presentations raised concerns with regazds to the manner that streets have been constructed in this axea, and would be constructed in the next phase of the . development, as well as the�nanner that these streets have been maintained. Inadequate storm dxainage and pedestrian safety were discussed, In addition, concerns were raised with regards to the lack of a secondary access for the area. Also, a concern that the propased Phase 7 developn�ent wauld r.ely completely on Anchorage Avenue was also raised, and it was suggested that a direct street connection shouid occur between the proposed development to presumably an e�ctensian o�Admiralty Drive. , In addi#ion to these presenta�ions a peti.tion and o'ther seven letters were received with respect to fhis application(see attachments). After considerable d'zscussian, the Committee resolved not to recommend the proposed subdivision in its present form. 352 � -2- RECOMiVIENDATYUN: That th.is application be denied. Respectfully submitted, �� Coli urra Chairaman MO Project No. l l-064 353 � 'Ihe Clty oP Saint John DATE: MAY 13, 20 i I TO: PLANNING ADVISORY COMMITTEE ' FROM: C�MMUNITY PLANNING • PLANNING.AND DEVELOPMENT FOR: 1VIEETING OF MAY 17, 2011 PREPARED BY: REVTEWED BY: � Y�� D Mark 0'Heam I�en Forrest, MCIl', RPP . . Planning Officer Commissioner SUBJECT: Name of Applicant: 512531 NB Ltd. Name of Owner: 512531 NB Ltd. Location: 554 Woodward Avenue {Project File) PID: 55180558 (portion) Municipal Plan: Low Density Residential Millidgeville Secondary Plan: Development Area C: Cedar Point Zoning: "RSS"�ne Fami�y Serviced Suburban Residential. Proposal: To uridertake another phase of the Cedaz Point Anchorage Subdivision invoiving 56 serviced residential lots along public streets. Type of Application: Subdivision and Variance that would reduce the req�ired minimum street zig�it of way width for rural zoads from 23.1 metres to 20 metres. �� SAINT JOHN R.O:Box 1377 Saint John,P1B Canada E2L 4L1 � vv�,�airrtjohn.ca � C.P.19T'1 Sa�t JoFm,N:B.Canada F?_!.4L7 �--�� , Cedar Point Ancharage Subdivision,Phase 7 Page 2 554 Woodward Avenue(Project File) May 13, 2011 JURI5DICTT4N OF COMMITTEE: The Comrnunity Plannang Act authorizes the Planning Advisory Committee to give its views ta Common Council cor�cerning the subdivision of Iand, including the assent of streets and public easements, as well as the authorizatian of City/Developer Subdivision Agreeme�ts. � The Act also authorizes the Committee to grant reasonable variances from the requirements of the Subdivision By-law. The Committee can impose conditioas. �Finally, the Subd�vision By-law authorizes PAC to approve the names of new streets. STAFF RECOMMENDATION TO COMIVIIT°FEE: I. That Gommon Council assent to one or more subdivision plans, in one or more phases, in general accordance with the submztted Cedar Point Anchorage Subdivision, Phase 7 tentative plan, as well as to any necessary municipal services and public utiiity easements, an the condition that: The plan is amended to inclucie a 6 metre wide Land for Pubiic Purposes dedication in the vicinity of proposed Lots 36-G to 42-G between,Anchorage Avenue (extension) and the Nature Trust of New Brunswick Inc. property (PID No. SS I 98436). 2. That Coznmon Council authorize the preparation and executian of one or more City/Developer Subdivision Agreements to ensure provision af the required work and facilities, including detai�ed site and drainage pians far the approval of the Chief City Engineer or his designate, and any xequired contribution to tfie pumping statian and potential force main upgrades, as weli as any additional infrastructure costs associated with this proposed subdivision development. 3. That the Planning Advisory Cornmittee grant a variance to the requirements of the Subdivision By-law that would reduce the minimum street right of way standard for rural raads from 23.1 rnetres to 20 metres foz the sixeets within this proposed subdivisian. 4. That the Planning Advisory Committee approve the new street name "Topsail Terrace." BACKGRDUND: On December 4, 2006 Common Cou�cil rezoned the majority of the area from "RS-2" One and Two Family Suburban Residential to "RSS" One Famiiy Serviced Suburbata Residential. The Planning Advisory Committee had recommended approval of this rezoning at its meeting on November 14, 2006. On May 1, 2007 the PAG considered a subdivision application by tYie developer(512�31 N.B. L�d.) . involvir�g the creation of 1 b6 serviced residential lots (see attachments}. While staff recommended approval of this application, though Municipal Operations and Engineering had expressed certai.n . 355 Cedar Point Anchorage Subdivision,Phase 7 Page 3 554 Waodwazd Avenue(Project File) May 13, 2011 concern.s for such a large subdivision expansFOn{see Input from Other Sources section of this report), the Committee resoZved to recommend assent af a maximiun of only 51 lots ta Comman CounciI. In addition, the Cominittee resolved that: � (a) The develaper had to endeavour to negotiate with the Province for a temporary access road for constxuction vehicles far the recommended 51 lat subdivisian; and (b) A perrria.nent secondary access had to be provided before any further expansion of the subdivision would'be considered beyond the recammended 51 lots. On May 7, 2007 Common Council assented to a subdivision of a maximum of 51 lots, and authorized. the necessary City/Developer Subdivision Agreement, and any required contribution to the pumping station and potential force main upgrades. Since that time the developer proceeded with the construction of Arxchorage Avenue, and the creation of 42 serviced residential lots along this road. Under the May 7, 2007 Council assent the developer is permitted to create 9 furthe;r lots along Anchorage Avenue. It should also be mentioned that the Province later decided not to convey any further lands to the developer for residential development purposes. Tnstead, in 2009 the remaining 23.6 hectare lands adjacent to the subject properry were conveyed to the Nature Trust of New Brunswick Inc. (PID No. SS I98436), Wifh respect to {a)abave there were discussions but the developer was not successfizl in negotiating a temporary access for construction vehicles. INPUT FROM OTHER SOURCES: Munieipal Operations and Engineering has provided tI�e fallowing coznments concerning this application: {a) In Apri12007 comments were prflvided to Planning for the May 1, 2007 meeting of PAC. The proposed subdivision was to develop an approxiinate 16610�extension of the Cedar Point Anchorage Snbdivision. At that time the following comments from Engineering were inciuded in the staff report: "Municipal �perations and Engineering advises that it has concerns that thrs subdavision is - becoming too Zarge to have a single point of entry for both water supply and vehicles. .A signifrcant incident or failure on Cedarwood Drive will cause serious inconvenience and risk in this very large.cul-de-sac. A second road access and water feed should be rncluded in the approval of this subdivision.. It.is also noted that the existing sewer lift station at the intersection of Leeward Lane and Rivershore Drive currently serves approximately 70 homes and was built nearly twenty years . ago. The Ctty �s ftnalizing upgrading plans and has budgeted funds in this year's budget. A cost shararzg agreement zs required. 356 , Cedar Point Anchorage Subdivision, Phase 7 pa�� 554 Woodward Avenue(Project File) May 13, 201 I Finally, Municipal Dperations had previously jindicatedJ that it does not support the expar�cion of the Cedar Point subdivision using the "RSS" One Family Serviced Suburban Residentral standard(i,e. the u.se of ditches and driveway culverts instead of eurbs and piped storm sewers). In this high quality area the property owners often want to landscape to the edge of the.street and in the process partially ftll in the ditches and raise the shoulders so wafer cannot drain off the street and driveway culverts are more easily blocked " (b) At the May 1, 2007 meeting of PAC it was resolved tbat "A permanent secondary access must be provided before further expansion of the proposed subdivisfon, beyond the recommended SI lots, will be consrderec� " To date a secondary access has not been provided by the deveioper, nor is it within the financial capacity of fihe City of Saint Jahn to�build such a road now or at any #ime in the foreseeable future. (c) At the May 7, 2007 meeting of Common Council the adopted resoiution included "...the required contribution to the pumping statron and potential force mazn upgrades. " �n Zoas-2009 the City undertook the work required fox the upgrades at the Cedar Point Lift Station. {d) The current propasal includes 20 metre wide rights of way for the proposed streets. This width is consistent,with the existing streets Iocated in the previous phases of the subdivision. However, very recen�ly tlie right of way width sfiandazd for rural roads was increased to a minimum width of 23.1 metres. Tk�,i.s Subclivision By-law amendment was ur�dertaken in arder to provide an adequa.te width for the driving stuface and ditching with proper slopes. Therefore, the Chief City Engineer does not support.the variance for the continuation of 20 metre wide rights of way, but instead recommends that these rights of way confarm to the newly adopted By-law standard of 23.1 metres. This additional wi.dth wili be necessary in order to facilztate the construction of ditching with less steep slopes, resniting in less deterioration of the ditching and associated gravel shoulders. It should be mentioned�hat a 20 metre wide right of way is provided for by the Subdivision By- law for local streets which include an asphalt driving surfaca, concrete curbing, a concrete sidewalk, and a piped storm system(i.e. no open ditches). Shou�d a variance to reduce the right of way width he favorably considered by the Planning � Advisory Committee {from 23.1 metres to 20 metres),then a local street standard would be prefened. (e) Detailed engzneering drawi.ngs and a detailed engineering design bzief(water, sanitary, storm,. and street) from the deveIope�'s engineering consultant nnust be submitted to the City for review and approval. Water capacity, pressure and fise flow requizements will have to be verified by ihe developer's engineering consultant. The City must have from the developer's engineering consultant vtrhat the expected average and peak water consumption flows will be from this proposed deveiopment and provide a recommemdation as to the adequacy of this proposal.. Looping of the water main is required—absolutely no dead ends are allowed. Should the deveioper's engineerix�g consultant note that due to elevations, homes may require water booster pumps, these wilI be private and not owned or rnaintained by the Cify. . 357 Cedar Point Ancharage Su�division,Phase 7 Page 5 554 Woodward Avenue(Project Fzle} May 13,2011 (#} The developer must provide a detailed site drainage engineering design and report indicating how storm water coilection and disposal will be hanciled. An engineering sewer analysis must be completed in order to detennine the impact this development will have on the e�cisting sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing system. As well,the existing sanitary force main must aiso be reviewed by the developer's engineering consultant to determine if it wi11 adequately handle this phase and future phases of development. Should any upsizing or upgrades be required this will be.the full responsibility and cost of the develapez. (g} If any additional upgxades#o existing infrastructure are deemed necessary,this shall be required arid at the cost of the developer. Detailed engineering plans must be submitted to the C�ty for review and approval prior to determination. {h} All grades for water and sewer systems must be verified by the developer's engineering consultant. (i) Any additionai phases proposed for this developrr�ent wili reqnire a more comprehensive water and sewer analysis for the project. The deve�oper should note that if future phases are planned, the infrastructure size and canfiguration for the phase must be sufficzent to accammodate any additional development. Baildings and Inspection Services has no concern with regards to this proposed subdivision, Saint John Fire DeQartment has indicated fhat the road netv✓ork will have to be accessibie year round and be designed to support the expected loads and widths imposed by firefighting equigmenfi, as per the National Building Code of Canada {2005), Sectian 3.2.5.6 "Access Route Design." In addition, there will be a requirement to extend the hydrant network tlu�oughout the proposed development in accQrdance with the standards adopted by the City of Saint John. Saint�ohn Transit has indicated that there is no direct service provided to this neighbourhood. The closest service is at the intersection of Boazs Head Road and Woodward Avenue. This entire a"rea would probably be best served with a park and ride location neaz the said intersection. N.B. Department of Environmeat has been advised of this matter. Sehool District 8 has been adv�sed of this proposed zesidential development. Saint Jahn Energy has advised that�ze existing overhead facilities along Anchorage Avenue can be extended in order to service the praposed 561ots. The cost for#he necessary line extension can be discnssed with the develoger Iater. A 5 metre wide public utility easernent will be necessary along both sides of the proposed streets prior to the installation of any facilities. Bell AEiant has uidicated that the developer will be required to adhere to their extension poiicy with respect to the provision of overhead utility service. Rogers has been advised of this application. 358 , Cedar Point.Anchorage Subdivision, Phase 7 Page 6 554 Woodward Avenue(Project File) � 'May 13,241 T Maritimes c& Northeast Pipeliae, Enbridge Gas, and Brunswick Pipeiine have n;o concem v►�ith regards to fhis development. ANALYSIS: .� Subject Property and Neighbourhood � The subject area is located in the Cedar Point area of Millidgeville overlooking the Saint 3ohn River{see attached location map). The si#e has a f�igher elevation than the surrounding properties alang Anchorage Ave�ue. The area is covered primariTy by coniferous trees and rock outcropping. The location of the proposed street rights of way have been cleared of trees, and there is a stockpile area of rock in the vicinity of proposed Lots 32-N to 26N (see attachments), With regards to the development of the general aarea,the Ceda.�Point Estates Subdivisian (eazlier snbdivision develapment near Woodward Avenue), and the now Cedaz Point Anchorage Subdivision, both have been developed under the "RSS" One Family Serviced Suburban Residential zoning. This zoning was created af the request of Common Council in the mid i 980s to offer residents the opportunity to acquire residential lots with much lazger minimum lot frontages in order to accommodate the construction of large homes, a popular housing mazket that was occurring in areas outside of the ciry. Given the much lovver density that t}us form of subdivisioadesign afForded,the "RSS" street standards substituted the typical local street reqiurements of concrete curbing and sidewalk,underground utilities, and piped storm water systems with no curbing or sidewalk, overhead utility lines and open ditching. While it would seem that these subdivisions have been populax, a group of locai residents ha.ve for some time expressed thezr concern with regards to the manner that streets have been constructed and ma.intained. Condition for a Secondary Access Before analysing the proposed subdivision, it is necessary to consider this application in light of the resolution by the Plat�ing Advisary Committee on May 1; 2007 when the approval of a 166 lot, subdivision expansion was sought by the developer(see Background section of this report). This resolution stated tha#, "A pe�manent secondary access must be provided before further expansion of the proposed subdivision, beyond the recommended SI lots, will be cortsidered. " To this end the developer undertook negotiations with the Province, a private landowner, and the Roman Catholic Diocese, az�d has acquired certain parcels of land (PID Nos. 55199756, 55199731, 55199749 & 55199723} that, along with a portion of the subject property (PID No. 55180558) and an e�cisting City owned pazcel that was vested for fitture street purposes(PID No. 55 I57549), could be used in order to construct a public street from Cedarwood Drive to Ragged Point Road. This possible street right of way is shown on the averall Cedar Point Anchorage Subdivision plan submitted by Ki,erstead Quigley and Roberts Ltd. (April 25, 2011). The developer has indicated that the acquisition of these parcels of land has cost over$100,000, az�d that it is not financially feasible to pursue the construction of this road, which theix engineering cansultant has estzmated would cost at least $1.2 rrkillion dollazs. Furthermore, i�is the understanding of sta.ff that 359 Cedar Point Anchorage Subdivision,Phase 7 Page 7 554 Woodward Av.enue(Project File) � May 13, 2011 the deveioper is only willing to convey these pazcels of land if the City of Saint John is prepared to construct the road within an acceptable period of time. Given these observations the Committee could proceed in one of the fallowing ways: (a) Provide a recommendation for the praposed subdivision requiring that a public street is � constructed to Ragged Point Road at the same time. It should be noted that a variance will be required since all the parcels of land aze only 2Q metres in width, and the new rural road standard requires a minimum right of way of 23.1 metres. It is unlikely City staff would support any cost sharing for the construction af fhis road, and staff accepts the position of the developer that it is not feasible for the eost of this road to be absorbed as part of this deveiopment praject; or (b} Provide a recommendation for the proposed subdivision requiring the conveyance of these pazceis of land�o the City. This could be accomplished by vesting these parcels as Future Street. The construction af the street could later be re-examined if and when an applicatzon to develop the remaining portion of the snbject property is sought; or _ (c) Frovide a recommendation for the proposed subdivision without any condition with regards ta a secondary access. Municipal Operations and Engineering has expressed concern with approving the proposed 561ot subdivision. However, consistent with the staff recommendation for the original 166 iot expansion, planning sta.ff is not convinced tliat a secondary access is necessary. It is estimated.that the 287 ane faznily dwellings in the entire development(including the proposed subdi.vision)wiil generate approximately 2748 daily one way trips. The carrying capacity of the intersection af Ceda.rwood Drive and Woodward Avenue typically governs the overall street network capacity in the area. Problems are not expected as industry guidelines suggest residential collector streets like these can accommodate up to 800�vehicle trips daily. Development Proposal ' As already mentioned, an application from the developer(512531 NB Ltd.) has been received seeking to � undertake a further phase of the Cedar Point Anchozage Subdivision{see attachme�ts}. This phase would consist of 56 serviced residential Iots along two public streets (extension of Anchorage Avenue and the cons�ruction of a new street to be known as Topsail Terrace}. The area is zoned"RSS" One Farnily Serviced Suburbati Residential, and.the proposed lats can satisfy the Zoning By-Law with respect to their dimensions. Tlie design of the submitted subdivision can also sa�isfy the pre�ent requirements of the Subdivision By-law, exeept that vezy recently the Subdivision By-law was amended and nual roads now require a minirr�um right of way of 23.1 meties. The praposed streets only have 20 metre rights of way. Therefore, in ordez to al�ow for the proposal as submitted a variance would have ta be granted, which is discussed in the following section o£this zepart. 360 Gedar Point Anchorage Subdivision, Phase 7 Page 8 554 Woadwar3 Ave�ue{Project File} May 13, 2011 Requested Variance and Provision of Street Wark and Facilitics Municipal Qperations and Engineering does not support the vaziance request for 20 metre wide street rights of way unless the proposed streets are deveIoped under the locat street standards, which include an asphalt surface, concrete curbing and sidewalk and a piped storm w�ter system. However, it does not seem appropriate to have a portion of the neighbourhood built to a much higher standard than the balance of the development. Requiring the construction of a sidewalk, for example, would create a piece of pedestrian infrastructure fihat is hundreds of inetres away from a connecting sidewalk. This will introduce a significant operating cost.to the municipaliiy, and will only increase the demand from other residents in the neighbourhood for tlie City to provide further infrastructure. The purchasers of lots in this neighbourhood were weil awaze of the road standards in this area, and it is only logical to coznplete�e development in a consistent manrier. Furthermore; some of the issues that have arisen in the area are related to certain properry owners interfering with the open storm system in order to uridertake extensive landscaping within the public street right of way. For the above mentioned reasons this variance is recommended. Tl�erefore, the developer will be responsible to construct the proposed new streets witlz an asphalt surfaee, overhead public utilities and open ditcIung. No concrete cuxbing, sidewalks or piped storm water system will be required. The recommendation includes all the necessary assents and approvals for the proposed develapment. Included with the necessary City/Developer Subdivision Agreement is the requirement from the deveIoper for any contribution to the purnping station and potential force main upgrades, as well as any additional znfrastructure costs associated with this proposed subdivision development. Land for Public Purposes The Subdivision By-Iaw requires that an area of land equal ta six percent of the area�f the proposed lots be dedicated as land for public purposes. In this particular case,the,developer has dedicated to the City 1.98 hectares of lanii for public purposes along the shoreline of the Saint John River to the west and norkhwest o£the subject area. This area is shown on the,attached Cedar Point Anchorage Subdivision plan (dated April 25, 2011). As provided for in the Community Planning Act, #his was accepted by the City as a credit for fu#ure subdivision development in the area, and would not.only satisfy the LPP requirement of this proposal, but provide a remaini.ng credit of 18,350 square metres for any future subd.ivision of the axea. Though no further LPP is required by the Subdivision By-law; adequate public access to the adjoining Nature Trust property should be provided in fihis phase of the development. Therefore, it has heen recommended that a 6 metre wide LPP dedication be required somewhere between the proposed lots abutting this property. Pubtie access will also be possible through the linear LPP dedication along the 5aint John River shoreline. � 361 Cedar Point Anchorage Subdivision,Phase 7 Page 9 554 Woodward Avenue(Project k'ile) May 13, 201 l Street Naming The proposed new street name Topsail Terrace has been reviewed by City staff(Geographic Informatian Syst�ms}, and it has been determined that it is unique in both sound and spelling from other existing street names in the region. Therefore,the approval of this street name is recommended. Growth Strategy The Cedar Point area is identified hy the Growth Strategy as being a suburban area of stability or minor change. Healthy residential neighbourhoods will be encouraged to evolve natuxally through minor infill development. Major growth and change will not be directed towards these areas. Where appropriate, they wi11 be eneouraged to incorporate missing elements in order to form more complete communities. The proposed development is an exampte of minor infill development and witl largely complete the suburban development of this azea. It should be nated that�he adj oining lands owned by the Nature Tnist of New Brunswick has been identified as being a green area. Such areas includ.e privately owned parks and protected natural areas. CONCLUSION: The applieant is seeking permission to subdivide one of#he remaining portions of the subject properry in �rder to create 56 further serviced lots in the Cedar Point Anchorage Subdivision. The proposed subdivision design can sa�isfy the requirements of the Zoning and Subdivision By-Iaw, except that the width of the proposed streets cannot.satisfy the new right of way standard for these types of streets. However, under the circumstances this vaziance is considered reasonable and is recommended. All the necessary assents and approvals are provided in the recommendation, which includes the provision of a LPP dedication in order to Qrovide adequate public access to the adjoining Nature Trust of New Brunswick Inc. property, as well as for the eontribution towards any infrastructure casts necessary to facilitate this proposed development. MO � Project No. l l-Db4 362 , ` PLANNiNG AND DEVELOPMENTIURBANISME ET DEVELOPPEMENT � . �� 4 ' I' / \ . ,- �� `� /. -�� `�- �� . ✓ �% -_ � �. ` j `. �ti-� �� -� . � ,� � + `'� �s�_ � ! R� I `1 �� f�.� �-_— . � RS. Z �� .� _ � ` - \ �� . \ �� \.� ..�� k , ,ti. i \ ' � `� �,� i�^ �� `�. � , � � �„, .. � ,�' s & � .��! ��\�\ f% • Rs- a M �� . �� 1 �„J a�"r'� , � k �� - �,� r y�/ r..,, . �! R 5 5 r , . � . �.! 1 ,� :�'�\FL•2 ;—, f. . � � � __� ---=-=� � �� _ , r \ �� ,,. � ' , � � �� . \� � .>: '� i ^1�..... •�� / � . J� f�"\�� /, xss � � r+ ,, � ` �� . s-ie � � � , ✓ ` ?�. � _ . .— �.. r_�_,__,-- �./ � `�� "�- �- �.: s Rs.'z • r' '_ � ��`�;� _� i ,j i xs ,,'��—`�� ' I �t �� .�(.y..„.� ' ti•K.� � ��\{� ��-�� J ` � t..�.Y ``y ��.1--M'_ ✓� ...... .�.��...� .-.�•r�i+ ��-� , .-...�-� ��/ i1•.^S�y ' i �..,.......�� `..- � � �� ' PID(s)/NIP{s): Subject Site/site en question: � 551$0558 (portion} Location: 554, avenue Woodward Avenue Date: April 18 avrii 2011 Scale/�chelle: Not to scalelPas � I'�chelle 363 �� E � �h { � �+{ • �E;�,3. �a[� = v m �y j a z w�''' .� �3�� '� a��, R- a � . �� . g� � � ay ��' � °su R-a7 p ��, � �� .i � a�� m� S s , d g� . . uCC� c p• �� Y�� W � . � 5;�� g i�a�.� ��,NC�°� JI OG�� y`�� o �?� �� Fg j��[3�} �� . �`., W�� a�� z S. { �a; 5 i� . . , . L� U C Y � � 9 ! r�� 3 � y �� O� tR Y� ' ��N�n2?s��2�j . U� . �{t� 0 L t'�� . .^ a e. J � 6 E �y��n ,1 / O Y Mry�� = M�� N[ V � . r y �.. � i ?R � 'V F ..�"' ..�y�,..�. 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'f• �� I` % �: � .3` �.9�i . _.� �.:f.4'.�_ �� .c,-•��rt',i; /�/�i �I ' � ��,:. �; _ .l�- :. � ��° f /# r �. �^" 1 � .��. �=� �� ..�:_. ��. � `��:'� � ' � .��'Y? Y � / �y.��`�,� A' �� `�3 e I � r i+ i � � -_ � �'� `�°�...'� A� '�:'� � � �1 . � �.:�J1 ., ' ��=.. ' —1Y� �a�1� � ��a I i � �t ,� � •`' �' a! � .� � i��r.�. / � _ '-_ � �-;-- J IAT]�"� � .��.!� �i� r�I :�• �. 7 � j ,�.- '��' �� ' � :; �� , 'W f i �K '. � Y�� •�i� � �_;�� 8� �� 1 � ..:s`-;�,' -J . .: c � 1 - ..�. 4. ;�,!i. �"•��".tf:� `` � s�'�, . —'' �r� r ii�f��.r / �.�`� � , � , - _:- o� �. ,�Tt l ` � �s� ' ---- — � � :�_: ;`•� �� ' �' � ' ° - s;, , c. - r }: 'a i ��. _ • � •• . .. . � . : . . � � . - May 9, 2011 Pe..,'tion.� Cedar Poi t.:Anchora� e Subdivision Exte.rision . � ': Vlle th.e citizens of Cedar Point Anchorage Subdivision o ose a royal of the � . . . . . -�-- pP applicat�on frorr� the developer (��12531 l�B Ltd.) to .undertake a fu'rther phase of this subd�v�sion. This oppQsition is ba�ed on fihe following: � . � � � � � 1�) The continuation vf tlie e�isting RSS zotiing (p�� Fami�y Serv�c�d Suburban Resi�ential). . . - . . 2)� A request f.or a variarice to red�zc�the�width of the�pulilic streets from 23.1.m�ters . to 20 meters. . � _ � Our city needs to enforce rts own by�law�(Saint John, New.Brunswick-has required � under ro�zndin , � t� g _. g throi�gh b�-7aw since �he �g80's). We cLearl�i suRport�.fu�ure . develapm�ent'iti:�our subdiviis.io"ti, ��orily if�corripl��ed according to tlie.�ity's zoning standard��with curbing, sidewall�s, underground�utiliti�s �and storrn d�ains: which by the. . way�wil� �not cost our city a dii�ie. Why perpetuate�a past wrong decision�in al�owirig this RS� zoning to cantinue.� �S.ee Ap.p.�n�ix"A"that defen.ds this�opposirion) ; . . . � . ''� . . ..� vr.s �: I. � . . `S., . � � . . :� . ,� . . . � � � � � ;��¢ � � ✓v �1� -1'� . G� - . . . � ' . � . � � � �� . ��h./�� 1.;;-��, � � � ,� . � . . . � , ' ,' � 4 1 �( ''+�G�sCr' '�LIi. � . ' ' , � �� • ' . � l70�� . ��L�G��vw` � . ' : F� . . . . �{ � . � , �. i. -�.��.. ��c�c� .. �. �...�C��t . (` � { . � . � �� .�:,.,� �-:. �� ` ��.� � � 1� -� � �.: �. �.��,� . _ , . � �� . �� . . . . � � - � , . � � . _I. . . � . � . � � ,� �� .� � �� ' �.. r , _ � , . �;.� � � � . • � �� ! .' vP , � � / `S . . . ' � . � 369 .. . ; � . , .. ;,�: �, . P tition: Cedar Point: n hora, e Subdi �SIO �� EX�ehSI � � � May 9, zo��i •n �Ne the citizens.of Cedar PointAnchorage Subdivision o os � � � � �e�.pproyal of the� a p p l 2 c a t i a n.f r o m. t l i e deve loper (S 1��531 NF3 Ltd,) to uncl�rtal�e a further phase�of this .sub�division. Th:�s opposifi�on is.based on the foI�l�owing; � . � � .� . � � 1). The�continuation af the existing R�S zontng (On� F�miI��Se '� � Resid�.nt�al). . . � . . :3� �viced Suburban � 2) A requ�s�for:a va�iarice to.reduce the viridth��f�the ��ublic��treets � _ to 2O.meters. � . . �r�m �3.1.met�rs Our.cit�needs to enForce,its own.byl�w (Saint John, N��,v Bruris ' � � undergrounding;.through by-law since�he 198p's), y�e ��,��ri��a��red �. developmeri�iri our subd,ivisibn, yet��ly if comple�ed �ccordin��op�:. .:� : .,:.�-��.�- .... . s t a�i�i a�d�y v i t h c..u r b i n g, s,i d�w a l ks, un der��round utiliti�s and�to�rri:��d.r'a ns l twh�Y�b n g . way�will not cost our ci .: � diFrie. VIlI1 � � . .: .::.� . `: .�- : . . :� . . .. ,... :Y .he �Y., . . .Y perpe t uate a past wrdn.g decision in al�ow�ing this RSS;.zoning to �ontinu.�,� (Se.�Ap.p�ndix ",�°° ��fi defends this'o.}ip_osition] � � � � . /lr'� � . - .. � , • � . . j . , ` r � � ��'�{..S Q , ' ' � .. � J �' . � .�- 1�t c . -` l f . ��Y�.GJ �G I'rl , , � . �/ .�/` a� � j� : . � . . . � . . . � 3� �� . N1tnl�o�r� �:��. . . � - - �� v�� . .. � �2 ti � � --�� C�� . � . . . � �'�`� 6� ,..� � . � � � . . � ��-�.� � � ��. � . � � � � . . . � � � � �� -4{�"�-�� i P��. . � - . � . �' �n c� . � �1� . VU 2 n� �,,b� .. �� . . l � �� . a� � � � �� K�� . � �. 3�a . � . � � � � `""� � � �' � May9, 2011 '�eti io�: Cedac Po'nt:Anchora e Su�di 'sion Exte sion� � .� Vlle the citizens of Cedar,Point AnchQrage Subdivis.�o� o �.ose a . r � � —�� pp oval of the . application from �he d�veloper �51Z53�1�NB L�d.� to uzidertalce a fu�her phase of this - subdivision. 'This opposi�on.is b.ased on t�re following; � . - � � ; . . � �-} The cont�nuation of the exist�ng RSS.zoni�ng (Orie Farr�il�� Serv�ced 5 � � �� ` � Residential}.. . � , : � uburban � ., . 2} A�reque�t for��a va�iarice�to rediuce the width��f�t�h��iu1��Ii��st�eets f�'orn Z3.1 met� . � . to-20 m�ters: . . . . . . . ers . � � � � � - . . . . � . . �ur city.needs to.enfQrce-its�own by�aw (Sa�.nt�joh�n, New�B�inSwic��has r-e� uirec� 1 . undergro�nd�ng, through liy-la�v sirice xhe 19g0's]. �1Te cle�:rl �su� .'ort �'q �� d�veZopm�rit�in our�ub�divisibn,�.�t�o�i�y if coinpleted acco��g o'tfie�C�t s z�nin' s�andard v�rit� cur�in� s��i�vr.ra�ks; undei��round utilities ancl��o .' :dr ' � �i `. � � . . . � . � - . . �'m. ._a1ns:. which b�the waY�WiII no�'co�t Qui�cYt��c�im�.' �y pe��ate�a:past wrb�rig decision�in alIowixi �h�s RSS zoning�to cQntiinize,�_: �ee A, ::; .:e.��x.."A" th�t:defends this�;o:p�asit�o�. . � .. . . . .. . �-. . FP. � . . � . � . ...g . . f . . w� . ��.�,�� '��;� � � -. . � . . . �. ��f��' ��-�s.s-�,� �-- ��- D��.C-� � � � . � � . � � � � . . � . � � �� .. C� tf�J �,,,l �� . � � � , ,� .� :.. : :_.� � � � . . , . . . � �o� ��: ,�,- �re�r,4�., ��,�:� � . � �)`1�1. . .� . � ...� . � . . - ��08 �� r�� - -. , . � �� :�S . � . . � . . . : . . . /�da , �Q�s1f �� e � . —� , �`l�� . . . � ��. � � .. . , . - � e � o Y� .�� . �J a . f � ' _ : -?� ,c� .� ��. �� . : . � . . . � . 3�. �"�. � Q�, . ��, .%� . . � . —�—�-- � � � � � ��r� . v � � � . �� . : . . �`��.� ��-��. . �:. _ ��.� � .� . . . . . � . . . �. � � ��"��'��.�� .. . � �,��,��r �,e,�',� � � �� .. . . � ,��'��. � � � 371 . � � Petition: Ced�r.Point Anclio; a e Su .division Exte�n o � May:9, zoiz . : . . . n We the citizens of Cedar Point Anchorage �.ubdiviszon, o � ose appr.oyal of the . � appI�cat�on from the dev�lo.per (512531 NB Ltd.) to uridertake a f�.irther phase of this �. sub�div�sion. This opposi�zon.is based on the following: � �. � � _ � 1� The continuatian of the existing RSS �oning (Orie Famil�Serviced Suburban Res�iden�ial). , . , �. � . . Z) �i request fo� a variarice to reduce the wid�h af th� pu6Tic s�ree�s fZOm 23.1 meters �a 20 meters. , , . . � - �ur cit�needs to enforce;its own bylaw (Saint�]ohn, Ne�v Brunswi�k•has re uired undergrounding, through b,y-law since �he 1980's). We�le.�rly supp�rt future � developm�n�in our st�b.division; yefi only if cdnipleted according�o �He City's zoriing � standard�with curbing, s.'idew�ks, under ound utilrt��s and s'�orzn dr�ains; which by th�. . . . �' : ....:.__ ... way�will not cost.otzr�city��a.iriie,� V�lhy perpetua��a pasfi wrong decision in allowing this RSS zonzng�to continue.�,�'�eEA�pendix ,A t��.defends this�o. �� os�tion � � �� . � � . , . Pp�.. . ) . , . r �. �5�1��- . _. " . . . �� 4 �� . a � b� ;�,..�.--- . : . ��. �� . . . . , . . � . �� A�� • . . _ � • [�P_:�vY' D'L� �y7,4'�^ c , � ' ' � . . � � /�pQ . — r�� Y .�Jt 1 Lf'� f . . . �/ . �f . . �� . . . � . � � � ! � . � . � � . . . ' 372 ' ' . . � . � '`", ' � �•'' N!ay 9, 2 011 �`` : Petition: Cedar. P�oint Anchoira e Sub 'vi _ion Extension� � . � � � We the,ci�zens of Cedar P�int Ancho�age Subdivisio�,. � ose ap . roval of the appiication from the developex [512531 I�B Ltd.) to uridertake a�ur,ther phase ofthis . subdivision. This apposi�Qn is based on the following: � � � 1) The continuation of the existing RSS zoning�(One Famil�r Servic�� Suburban �Residential). . , . � � . Z) A�request fox a variance to reduce the widtih�di the �ublic streets from 23.1 meters to. 2 Q meters. , � � . . , .. . �ur.city needs to enforce its ov�m bylaw (Saint Joh�n, New Brunswick�has re uired undergrou�ding, t�rou h b -law since the�1980 s)�: We cleairl su ort future � ' �y � Y PP developmerifi.in our subc�ivision,��et ot�ly if��oii�ptefied accordin to the Ci 's zon�n . g . - �Y . . .. •. .g staz��ard with curbing, si�ew,r.alks, ui�derground�ut�liti�s and.storm d,rains; which by the R$�'will'not;cost our city � diaiie. ��VIiy�perpetuate apast wrong deciszon�in a�l�wing this �. � . .on�ng ta cont�nue..�_(S.ee,;�p.pend�. A th�� defends this:opposition) . . �. � ;�a .� � �-,�/,��y � �-. � � . - - � � �� ;t e��,��: La.,; � � - r � � �� . � . -� - .., � : . � ! 0��49 � . . - � ' `�r e � �-� � �. �� , � � � . . . �� . T �l� or,�- � . g � �';� � �i/r� rL..��1 � �G��. . � f� // . 7 � so ��D . �. � , � � - . . . � � � �: . � a � ` �.�� c�,,,.. . �r�'.��57�..�.� � �' �� r� . l � �o n��.��. �AS��o r� .. 6��. � �GP � �C� �� . �Q�. . Cc�+�o + �r-,�,e_ reo�� '�-f��- . a� . . - '�G�-F;�.�-�.e� �-c 2;� �.4 � �� f.�� . � . . . . .., � . . �. . 1. . . . . . � . � �� . .� . . . . - . . . . � , � � . � � � � � a�� D� � � ' 373 � . � 2��V!!�. ,.G G��`�'f. ;�{ � • , , ;� - ; � , f� ��. � - � . � . . : . .. . - . . . , . _ . . . . . .. . . ; . . . . .. . � . . _ . . . . . . � .. . . � . . .; .,, � . � - � , . � - . - ._ ,. ,.. . . � . . . . . . . . . . . . . . . , . . � . . . . :,�, _ . . . , . . - �, � �� . . . 374 � , ;'-'' . � � . IvIay 9, 2011 Pet'tion: Cedar Point.Anchora e.Subdivisio Extension We the citizeris of Cedar Point Anehorage Subdivisio� a se a . rovaI of the . �.pplacahon from the deve�oper (51Z5��.� NB.Ltcl.) to uridertake a further phas.e of this � . sulidivision. This opposition is Taased�on the following: • � , 1) The continuation of the existi�g RSS xoning (O�e Family Servic�d �uburban Residential}.. . . 2) .A xequest for a vaxiarice to red�t�e.the width�of�the public streets �rom 23.1�m - to 20 meters. . , . . . efiers Ou�r city needs to enf�rce its own bylaw (Saint Jo.hn;I�ew Brunsv�ick�has re ui.red � undergrouriding, through by-law sirice the 1980's). We ��e�xly sup�ort future develo.prneri� iri our subd�vision, y�t orily if compiet�ed acco��in� ��o �he Ci � �'s zo �in g �y x�.. g sta�dard with curbing; sidewa�ks, underg�vui�d utiIiti�s and stoxr� drains: which by th� .. way�wiIl not cost our city��d'ime�,��y perpetuate�a p�ast wrong�decision in allowin th3s R�S zon�n�fio continue.-.(See�1pp,�n�ix "A" ��at defends tlii��opposinon) , g C w� --�-� � _ �- � . � . a� r ��5�,� �� . ' � � `�"�� . � . �� ,d� � C�-.� c.� �,�e:e� � . � �C� "�fr r��{�.f e�� CF �.5� ,. n l �� -. QN U"OGIW/AI-�r�t -��. ,� . ��%� � . � �r�'��a e ��,rs, . � � d�- .. '. , ,�/n� �� - ��. �..�. .'� � � . � ,y� � C,�,�I � �� e� � L1 r� � 3 5 �i f c.4�,`dQ�� Cres ce�-�.. ��G�� Is�� r � � � I p � . Z � -�� t� � h� � � ��. � . b �21 1,JG - ' ' l� , � . . � � bk � � �� ( � �xt( ��._.:.� • �g`��'�. � r��,�, , r y � . �.- �� S � `I� � �� ` � � � : �� -� R[- �•�� "f . . � � �a�r .. 12 ��f,�T �r-�,��.. �,�� , . . . , . . 375 ... � ` � �... : � �,,,,:. . . . � -. ., � .. . .� - .. �� . . . . � . ;`° May�, 2011� . . i . .: � :'• •. ,�� .�� ' „ � , : '.. . `. Pe��o Ce ar:Poirit Anchora e;Subd�v�s�a�i..Fx�e:nsior� .. � � . � � , . . . . . . . We t�h� ci�izen�.af C�dar�Point AnchQrage Subc�ivisio�,�o`� o`�e.a� .• t�oval of th � , ..:.. .. pP . e. . applicatiori from�t.�ie deyeloper (5,1�53� NB Ltd,) ta under�a�e a further phase of this ,�.su�division: .This,o�ip .osition is based o��i th��ollowirig;� , _ � . , •: � i � . , ' 1) The��on�irivation ofthe existing R�S�onirig {pn�.Farrizl�Sei�ic�drSuburb�an� � � Residential). . . . . .. � 2} A�request for a vai-iarice to reduce the width�:of tl�e pub�lrc.streets from Z3.1 meters . : t4 2 a met�xs, , . � � . Our ci�y needs to enforc�its own bylaw-��air�t�john, :New.Brunswickhas�re ui�� undergrounding, through by-�aw since �he 198p's), 1Ne cle�.rly supporfi future d developirieti�in our sub�:iivision,�iet oii�ly if co�pie�d �cco�ding�o �he�Ci�� 's zonin - star�dard wi�li curbin�sidewalk;,�i�nd��grpund utilit��s �and:�to�m drains; which�b ghe . �. way�will nofi cosfi our,cit,y.a diriie.��lV�iy��pei-peti.ia�e�a p�$t,�:ori��sion�in:allo�n �th�s RSS'zonin to continue;.�. �See��... �.�dix�"�'►that.defends this,::o.p osition . � g � � '� .. . C ; PR�. . , . P . . . ) . �� `� . S►�i 1` � q� �2��..� �P� � �.��- � � . :, .� . . -� �� 1� � C� ��o � � . . . � . .. . � . . _ . . .{ . � `�" . . . � � � � � �� . �.��. . , . ar . � . �.� �. �.�� f . , � . . . . . . . . °`` � �c-�� C�-,.� . . `^ � . . , .. .. � �� . ' -�� .•��S,..T � . � �.2� �m�dc: �••�:_ . . �� b Ll � . . � 0 8 _e . 2 lanc�ict�c� La� � �a . - �� . / � ��' /�,�� ,�� . � � � �� , . , � � � i vrs � � ��a�. �-�►.�:�c�. �� 1'� . - . t � �`�� . . � � 376 . , � �� . � � .. � � � �� - ,�:�:��. .� - , ..� . . . � _ . � - - . . . .��''.. :;�„�, ��: . ��. � . � . . . . ��, � . .a:?� 1��..� �f,�., . � � �.--��.'�,;��. � . � : �. . : ��. .. � - �. .... . .� . -a��.�-�c--. �, . � . - . . . . � . - . L , .. . � `--}.�o ��.ri< Lr . . . e . . .,y` . . 7� . ' . . . . ' . � • • ' , , ' . . ' � . . i.. .. '�..f . . y. . ' . . � . ' • � . ' . .. . . .:�. , , ' :3 � � . • , • • � '' � '. + .. • . . ' ' . , ` . ' ' .'�. � • .. 377 : ' . ' . ; � . ' '.,+�„� ' � � �� ' , ~�r May�� 2�� ' � eti 'on: C dar R:oint Anclaora �e;Subdivision E�ensio . �:.�., _ � � . :. r . .q�a, , . , _.. . :_ . . . . . . . - . . . . . � . 'We the cztiz�;ns�of Ced�ar Point An�horage Subdivisio�.o ose �ppr.�ual.of the '. a�iplic�t�on f'rom the�c�eveloper�(,��z5�3� ��g Ltd.) to uridertake a fu�t�ier phase of this -. � . . ; .,-su ,division., This opposit�on is.p'a�ed �n the,fo�loznri.ng;� _ �. �..� . .:�� 1) The cohtinuation.of the exis�ing RSS zoning(Qne F�iimily�Servzc�d.�Subuxban � R�sid�eritiial). : , , � Z) A�;xequest for�a variairice to reduce the wid��h°��the�pu�li� Street�s�from�23�,i �' to 20�rneters. � . . . . meters . � � . . � � � . . Our�cit-:y.ne�ds fio enfor.c,e,ixs own bylaw�(Saint John, N.ew,B.r�inswiek•has re uired unde�rgroundirig,throu h b Zaw since�he 19�8Q's), �ITe cie�rly$upport future g . .Y- dev.e�o.pr�erit iri our�suli'division,�et only af�eompleted accQ�dzn �fo ��e Ci � � � , g . ty's zo�ing sta�,d�ard �vith c:�rbing, sid.ewa��s; und�z�-ound ut�I��ies �and s�v�m drains:. which by the. �ay�w�i�l no� cost oux,c2 � � dzme: V�h: � ��ez- ��ate�a�past wirbng decision in allowin� this �' � . . Yp p . g RSS��za�iing to continu�:�.�See Ap.pe�idix,�° ",�that defe. s this'o�p.o�srtion) � . � . � � �� n��„� �� . � . � . . . � �f �'- � ��.� �� '�-�� ::J� � s � . ` � � �� . . , . : ��'z.t,�.Ya �l c�b b.�- � ; . � � � � 9'�.�.C.�t�-tc..�o c! �r,'� . � � � - . � q . . i . � . . n� � � �� n' ! . . � q f� . . `.�'�` t7�' �// � � � �. •� . . � Q� yt�1�� I , h/ �V�'`��-�`�C. ��.. P UO o� �,;'�p�.' �` +�a vvu , �P . . 1�r=��.�.�( � .. . ' �� w�� o _ `��2� r�.��,� � ��0. �� . � �� c � �� . � .�... . - _ � �� - � .. . . . �1 �� - � , �� `� . . . �� ,-. � ati��. ` ---.�-- . �� . '378 � . . . � � . �� : , �, , ,' �OtD�`w�.�� .1J{' � �� : � � � � t��f.�� f . _ . , . . . ,. . . . . , . , . . r . . . . . � . . � •. . � — . • � � .. . , r . ' . . .. • . , �. • _ '� i.• ,� � � ' . , . , � � . � , � . . . � � � .. . , � . _ • • . . . . . , . . �. . . . . � , . . . � � •� • . . . ' • } . , _ . , ., . � . � . r ' ' : � • .. . . , . s.i' ' . . . � , � � . .J . . � . . , , , . ' . ' . . . � . � 379 � � . '....J . ' - . r,,,,, . . Petition: Ce�dar . ,oi t.A . ora �e�Subdivision E�rte. �ion � �May g'.2o�:1 �� We the citizens�of Cedar Point Anchorage Subdiyis�o� o �.ose a � -�?U.;. pproval of the : �application from the developer [512531 �B Ltd.) to uridertalz� a further�p�ase of this . .subdivisian. 'Fhis �ppositi�ri is based on the followxng; � . . - . .. � 1) The continuation of the existing R�S zoning�(Orie Fai�il �Servic�d Sub �'� � � Residential). . Y . urban . 2�] 14 request for a va�iarice to reduce.the`vvidth��of the.pub.lic�stre�ets from Z3. . to. 20 meters. . : . 1 meters Ou.x city needs to �nforcE.:its own bylaw (Saint John; IVew.Blrun�wick�h � � under oundin , . . . . _. as required �' g through li.y-law since the 1980's). We cl�arly�upport future . d��elopmierit i� our suli�.ivision,yet orily if completeci acco�di�ig tv th�e Ci� 's zonin' . . .� . g� . . . : : � � . . . . . �' . . ,g standa�d with curbin ,_s.idewaIks underground ut�liti�s �and s�az�m d..rains; wh�ch by the � � . ..... . . : . .. . way'will not cost�our,ci�r.� c��rrie. Why�pexp��ate�.a�past viwrong�decision in aliov�ring thi�s R5S zori%ng to con�i�nue.;.�'See.A,ppez�dix�"�" t�.�t def�nds this'o.ppositio.n � � �.�/�JT= � � - �.�� .) . , . , ��7 ��L�j�,j , ( , � . . . � � 380� . oS/i6/zol�. MoN i5: .o5 eAx I�loo3/o0a ' '� �_ � Dear M�. 0'Heain � � Re: Cedatpoizit Anc�arage Snbdivision,Phase 7 5�4 Woodward Aven�.e(project file) . � 1 reside on Cedarwood Dr.I have discvssed the pzoposed fcature deveiopment with otk�ez residents on Cedaiwood Dr.As with others I have concerns with tIae new developrnent and its limited access via Cedarwood I?r..Tlsere aze already safety cancerns in regards,to the vehicle speeds and limited visibility traveZfing aIong�edarwood Dr. This wilI now intensify with the proposed construction traffic as well as si least 56 more vehicies leaving and arriving da.ily when tke.development is compXeted. Since there are no sidewalks on Cedarwood Dr. childre�are walldnga,na riding their bikes on these same � busy roads.By limiting access fio only Cedarwood Dr.these dangero�s conditians will only continue. . The second concern I have is the impacE on the property valu�es as a result of the unsafe conditions due to the increase flow af t�rraffic,as it will be substantially bvsier than at present. I ha e that ths pianning commiitee will carefully consider these neighbourhood conc d safety issnes�and eonsider an a�ternate route,possibly connecting the end.of A to oars Head Rd. � � , Sin e , Steve Cooper 111 Cedarwood Dr. . . �� &DE��tp �1 � � � � w �.';;'�' � b ��l�� . � � . . n� � �' so ' �'''�� SAI1`�� 381 OS/16/201i MON 15: 05 FAX �004/004 . � '.�d,r . . . � r...�'� . May f 6,201 I - Planning Advisory Committee City of SaiziF Jok�n P.4. Box 197] � Saint.)olm,NB . , E2I.4L 1 Attn: Mr. Mar;k 0'Hearn : Re: Cedarpoint Anchorage Subdivision,Phase 7 554 Woodward Avenue (Project File} Dear Mr. U°Heatn I c�rrent�y reside at 1 f 5 Cedarwood Drive and like others in my in�mediate area, I have concerns wit� Phase 7 of[he proposed future developn�ent az�d tl�e.tiriiited access and exit of the subdivision. Vel�icle speeds and [imited visibility on Ceelarwood Urive �nake it very dangerous for. clai]dren crossing, biking and walking on-the mads. As you ki�ow there are t10 sidewalks in this subdivision and the traftic is heavy most days. With the additionaf vehicles far the new developinent, and the construction traffic, J am concerned for the safety of the residents. I feel there should be considecation made in these pfans for an additiona! exif/entran�e for ' the subdivision, pc�ssibly co��nectin�at the end of Admiralty or Ancharage to cozlnect . � onto Ragged Point k�oad. � incere]y ' � �,� , �gr,DE V�� . . Michael Gauthier �� Q� 15 Cedaxwood Drive �,� Saint J'ohn,NB � ' ' ��l ,�.3 E2K SPS G'L' MAY � � � C'1�,�� 'O �� S Ai�'S. 382 05l,�6/2011 �3:23 5866496416 PAGE e��e� ti � - `� � ' `� : . . �� & �� , � �� 'i ,q,, k.M.(Bob)Mannin� ---� � MAY � ��rr ��S 4Q Chipman F�i1J, Suite 1�i00 ,� �+I Sairst John,�E2L 2,q9 ' '�O � May 16, 2oA� ��A IN'� S�� . PAC-Ci�y of.Saint John PO �ox 5971 � Sair�t John,�N6 E2L 4L1 ' Subjeck; Gedar Pair�t Anchorage Subdivisio�t, Phase 7'- letter against ti�e�pp�i��n T�whom it may c�ncernf Regarding your lei�r.dated Apr�l 19, �Oli a�d the appfiration€r�om the deve�oper(512531 NB !.#d,) to seeCc furtFier develapment o�the Cedar Pof�t Anchorage Subdivision, I would like��rfe againsk the apPlicatiar�for the 1'oliowing reasons; • RSS zoning...the curr�nt RSS zo�ring of the.sub-division is against the City�of Sairtt 3ohn's standarc! residential and sta�ed reSideritial zaning standard af R1A(cur.rent�&suggested in : p�� S�I�•Ti�e FiSS zor+Tng allows�or open ditches, np curbpng or side�walks, no underground ut�liti�and f'�s proven� be difficu�to maintain by tl�e Gty's Opera�ons depa�tme�rt.The sub-division has many puts�anding malntenan[�e lt�ems that are beirtg dlscussed y,ri�h the Operations department induding emsion of road shoulders, "flopdi�g��ring/after heavy rainfalfs, safety concems due to narrow roadways and no sidewaiks,and environmentaf cancems related to silt and run-off, • Proposed 20 metre�gi1t o�way...incansisterrt with tihe Gty's standard of 23.1 metre wide pubfic street right o�w�y. Lk;ads to issues reiat�d to pubiic safety, ' • Land for Pub1� pu�;,,the developers have woriced wfth tfie Gty to set asida shareline on tfie iCennebecasis River(�,.g8 ��re}artd �has I�een deeii�ed�p�tisfy credifi i'vr land . bank#ng for Public Purpase,,,at Issue is that the latld is inaccess�bfe and there are no plar�s�O� devefopment l�a ailaw i��p� a��ibier therefore shauld not be cGnsidered as satis�}ring th� need for public lands, • Second accPSS bo th�Subdivis�on...1n past phases, it was discussed and committ�d tfl, tha# in arCier ko aibw fuith�r devebprrsent,�second access to the subdiviston wduld h�ve to be � created. Thera is no ment9on oF this�n the applica�on, nor in the Planning departm�nt's subrnisslon t,o PAC. �. • in a letter by Planner Mark 0'Hea�a, ancl approved by pepartment Head, Ken Forr�t,the ��nning oeparkment is advising PAC to.approve tihis applicatiort.This is done againsr the advrc�af the Municipai C}perations pepartrr,er�t. The�peratrons department opposition is�p��fi with wha�the citizens Of the subdivision haVe ko de��witfi on a daily basis—undet�seived matntenance by the�t�, extt'a costs incurred due tp hav(►ig Co fac probfems th�t arise from suf�standard developrnent, and ' saf�ty 8�ernironmentaG issues. zt is requested that this applicadvn be turned away and asked to r+�su�mit ba8ed on current�ty standards, YQUfS tNly, . . ��.<� �-- . R. M. (Hob) Manning (50�&49-G40U pl�ane + (50G)649-6410 fi^�x � boh.mar�raing(a�ar�g.ca, � vv�wv.omg.ca I ; 383 ``-f' .�,; . JOHN AND ELIZABETH ERVING �25.Anchorage Aver►ue ., . . Saint John; NB E2K 5R3 . G & D�:� May 13, 2011 � .d HAND DELIVERED a � � AY 13 �prr y Planning Advisory Committee r City vf Saint John '�'�, � P. O. Box 1971 • O� �O Saint John, NB E2L 4L1 sA� Dear Sir/Madame: Re: Cedar PointAnchorage Subdivision, Phase 7 554 Woodward Avenue (Project �ile) We are wrlting this ir� response #o your lefter of April �9�' ad�ising that 5�2531 NB Ltd. has applied to undertake a#urther phase of the Cedar Point Anchorage Subdivision. As residents of Anchorage Avenue for the las# two years we have observations abaut the proposed dev,elapment and the deveiopment standards applicabls to the "RSS" zoning requirements. In the winter months, snow accumula#ion and parked cars. on .the travelled portian of the roadway creates significa,nt safety issues for both drivers and pedestrians {including .wafkers, runners, children) due to the width of the street. The lack of sidewalks makes it very difficuE#and unsafe for adults and children to wa(k, exercise, bicycle in the neighbourhood. This is particularly true after dark .and in winter when, aS indicated above, snow has accumulated or there are cars parked on #he street: There are also issues with respect to adequate drainage off or across the streets. Finally, water accumulation in the swales without adequate drainage after heavy ra�ns causes probfems. It is our view tF�at the City is unduiy compromising its principals in permitting residentia! developments such as this praposed one_ The Eacic of sidewalks and storm drafnage deterior.ates the q�a�i#y of the neighbourhood. We are aware that in certain areas the City is r�aw instafling sidewalks and storm drair�age at the sole cost of the City (for example, we understar�d this to be the case at Ofd River Road,� West Saint John). This means that the ratepayers are responsibEe for #he cost of the upgrades. Had praper�development standards been in place when these areas were developed, this woulci not be a present day cost to the City and its taxpayers.but rather the cast wauld have been borne by the developers and the lot purchasers_ • With respect to the present proposaf, we have a couple of specific objections. • First, it appears that a41 of the traffic from tFie proposed phase as well as the nartherly part of the prev9ous phase will meet at the intersection of F'rivateer Place and Anct�orage Avenue; this wilf create traffic congestion at that point. The tentative p[an does not 680318.v2 384 , , .,,_,�, .�. —2 — provide for a�ditior�al access on the east tier of iots which means that there will be no possib{e #ut�re.access availa�Ee in this area. - Secand, we do not believe that a �ariance should be granted to permit the legal street width to�be reduced from twenty-three and one tsnth (23.1},mefers as the current zoning s#ipulates. This additional width (beyond the proposed tweniy (20) metres) would hefp as there would be o Addi#ional area for parents and children ta wallc � o A�ditional area to ensure a safe distance for vehicles traveiing on these streets to avoid snow accumulation and parked ears. o It would permit larger swales to improve surface drainage The fact that this zoning requirement has been deemed acceptable in the past does not mean it _ should be varisd in this instance, particularly:in light of the real issues that have arisen in this ex�sting development. We respectfully request that the issues raised in th9s letter be considered before appra�al of the appfication is granted. . Yaurs very truly, � �� e , �� Jo�n K. F. Irvin Elizabeth A. Irving . . sso3�s.�2 . 385 �� , «�� Uo.GG J�O-OJ4-(Gl� ll�5. r�li � 0'S PAGE 01. � �' � �it�i�ta»her �3'Sriert, M.�].. C.C.F.P. �C.F`P ..Fc�milt�, ed�c�tne I �a�ax�r�e Street . Safnt J4J't�t, N.B. �2S 5S9 Phone 505-�3�-�272 . , 3�cxx 6Q�63�47216 Planning Advlsary Committee—'rhe C'�ty af Saint,lahn � M�y iz,2011 Re: � Cedar paint Anchara�e 5ubdivisian Phasg7 . The developers of Cedar Pair�t Anchorage have applied to Pianning Adv�sary Cornrnittee�to undertake a furtt�er phase pf the su�division.The area �s presently zoned RSS which would mean the same dltch/cul�ert,averhead utllities and lack of curbing, sidewalks and starm drains. The neighborhaod w�s polled years ag��nd�an p�erwhelmi�g majori�y opposed �f�is RSS zuning for future develap�tent. � I am a resid�nt of Cedar Paint for the past 23 years� 3�. Birchdale Crestent for 18 years end then S years�go(bu�it a horne at 35 Anchorage,0.venue where I presently reside. I feel 1 have significant history to be welE versed or�ti�e issues of Cedar Point Rncho�ag�.Clver the past year,1 and a graup af concerned neighlaours ha��dpn�aur homework, and prepared a preser�tativn.We have met witf�both tiLy s#afFand the swbdivisian develope�-s ta address the many concerns we have with the exi�t'sng 5ubdivision;and tf�e issues with RSS zor�ing.Our goaE was twofold;to wdrk on solutians th�t eddres�tfie problems of aur existing devefopment andas weil to see if we c�h have ti�tis type af fiSS zor�i�g halted with � fut�are deve3vpment in our suhdivision.To date there has been litt�2 progress with�i�rher. i have b�en t[ear with the dewelopers and the city that I do sunoo , urth�r residential_,,,evefopment�Itd progress yet I . atn oppos�d to the this applfca#ian frorn the develq�per{512531 N� Ltd.}based on the FtSS zaning 21nd the amendrstent ta have the�ul�iit stree'C wldth reduCed#rom 23.1 m ta 20rsx.I heve re�sonable can�erns w�th this type of . zoning and feel it sf�auld he haited for the foildwing reasons: � First.and fare_most are sa ety concerns resuftin�ftom: � • Lack of s;dewalks, narrowing of roads belowti�e$tandard,eroding and underming af asphalt edge coupied with ero4ion of sofC sf�oulders meke wafl�ing,running, biking diffitult�nd s�metime5 dangeraus fof�pth the ped�strian and the driver. Let`s remernber aur area has many young f�mi�ies with pa�ents using stroffers, yaung children ritiing bikes and youngsters heading f�ack and farth to school (3 major schaals within 1.5 km of our subdivision}. . * . Develape�s,who have'agaln asked fpr a variance ta I'ec�uce stre�t w3tith (right�f L+r�y)from 23.� meters.to 20 rr�eters. Anather safe'ty cancer�with two w�y traffic. � + i�ight'ing which h�as�been reduce$�om every�iitiTty�po�e to�Tternate utf�ity pofes in tfie Ailc�iorage subdivisian un[ike �he orfglnal Cedar PQlnt area�where zhey are l�cated on every pole. Thls was a tity decEsipn. Many ar��s are very d2rk at night whicFs is a seriaus Safety concern with na sidew�lks ahd a ramp�nt deer populafiion. � 59ngle road accesst�the subdivisian�With increasingtraffic and construction • High water leveis 1n some ditches as well as swampy areas pose heafth and safety cancerns. � Silt and sedimentthat run through ditches,and often aiang and across roatls inio the Sa's�t Jotin River pose an envirQnmental hazard. 386 � --- --. -___ ��. �� 4-rciJ DRS. PAT7 & 0'B PAGE 02 . l ' �'�..�.r ,,y Secsd_a�e aesthetic concerns of'�is RSS{,gni �tttat cleariv�fFect resafe af vour hame• • Current horne owr�ers and prospectiue hpme/iar�d�urchasers in this demGgraphicare laokir�g more fo�an aesth�ticaily�leas'sng and safe neighbourhood u�ith curbs and sidewa€ks, undergrpur�d utllities,green space and tree planting. ' • Ciiizens are also fooking#or are�s wlth trails and usable green space for�xerciseJfitne5s.'Che area in our suE�c�ivisi�n.designated l.and far Public Purpases(whrch ppparently srrtisfies the r�quFrements far our exr_sti�g ` subdivisio►7 but'ofso futur�rlevebpmerri�}�is rso#at afl atte�s[bie. � Mfllidgevifle has been targe�ed by REan S,1 as a desirable area for residentlal expansEon,tEt's do It right,to encourage city population growth and tllere#ore expand tfte tax base, i appreciate yaur attention ta this rnatter,Tdgether we can affect change. . . � Christopher 0'Brien � • P M.D., C.C.F.P., F.C.F.P, 387 ,�. �; � � � 92 Anchorage Averiue� S�int Jahn,N.B.E2K SR2 May 7,20 i 1 � Plauning Advisory Co�inittee � , City of Saint Joltn P.O.Box 197I � . . Saint John,N.B.E2'L 4L1 ' . Re: Cedar�oint Anehorage Subdiviaion,Phase 7 554 Woodward Avenue(Project File} Gentlemen,. Thank you for the notification of the upcoming seview meeting for Phase 7 of the Cedar Point Subdivision.We are generally in suppart of the application. We do have several comments for your consideration. � Ttus pt�ase of the proj ecf will add 56 new residences to the subdivisio��We estimate that the subdivisioti will have in total 300 residences plus those from future phases of development.At present there is oniy one point of access to the entire subdivision at tb�e intersection of Woodward aad Cedarwood.y7e suggest that the inclusion o£an additional access gaint to the subdivision be considered as past of this phase ar for inclusion in a future phase of development.Possibly an extension of Admiralty Drive to Ragged Point Road would be appropriate. We acknowledge the existerice af the Laad for Fublic Purposes; howe�er,ihis land is currently only accessible from private property or from ihe water. ff it is truly intended for public purposes we su$gest that easements be provided at appropriate]ocations to alIow pubiic acc�ss. During the previous two phases of developme;it a significant asnownt af brush clearing was required to allow for blasting.This has led to signi�cant silt runoff from Iots wluch have not yet been built on and Iandscaped, The large storm drain which runs under,4nchorage Avenue to the Saint John River between lats 20-G and 21-G is significantly filIed with silt You may wish to confirm this with cify works personstel. There is a marshy area within the phase 7 development wliich presendy provides some surge capacity for storm drainage.We would suggest that clearing and fill be restricted to that necessary to provide the rec�ired infrastructwe for the subdivision and that vegetation be maintained on the lots until construction commences.�This may be one method of mininuzing more severe silt runoff tharf has been observed with the existing devetopcnent phases. The contouzs onDwg.No.T-0}.44 PH7 are not accurate_Duriz�gtlne phase 5 constructioa,btasting between lots 23 M and 30-M of Anchorage Avenue created a steep cliff (roughly equal to the height of a two storey home}and#his dces not appear to be reffected on the drawing.As a result,the rear property lines of lo�.s 57-G W 52-G o£Anchorage Avenue in phase 7 are roughly coincident with the top of the cliff. � Some consicleration shouid be given to increasing the iear setback requirements f4z these lots onIy. We.hope that these issues can be resolved quicicly and ailow the development to.proceed efficiently:�e are$vailabie to clarify auy of the ideas presented in this letter. Yours tzulY, , �� gt,DEV�L Blair&Diane Borgerson � �� (506�35-1785 � � . } � ��1 +'3 � MAY c�r � o� � s �� S A�� - 388 June 22, 2011 Your Worship and Councillors: SUBJECT: Cedar Point Anchorage Subdivision Phase 7 554 Woodward Avenue (Project File) The Planning Advisory Committee, at their meeting on June 21, 2011, discussed the desirability of requiring that developments have multiple means of public street access to the balance of the City's street system. A recent application brought to light a situation where a secondary access to a development would be desirable but there is no requirement for this to be provided in the City's Subdivision By-law. The Planning Advisory Committee believes that it would be prudent for the City to review this issue and determine whether it would be appropriate to amend the Subdivision By-law. The Committee also believes that it may be desirable to further define the term cul-de-sac in the By-law. The following resolution was adopted: It was MOVED and SECONDED that the Planning Advisory Committee forward correspondence to Common Council recommending that a �eview of the Subdivision By-law be unde�taken to determine if it is appropriate to introduce by-law provisions �especting alternate means of access to development as well as furthe�defining the te�m cul-de-sac. Respectfully submitted, Colin Murray, Chairman 389 Leisure Services P.O. Box/C.P. 1971 � Services des Ioisirs Saint John, NB/N.-B. Canada E2L 4L1 �, .,� w�v�v,saintjohn.ca ��,, o�� MayOT 111d COUnc11: 7he City of sainc)ohn City of Saint John June 30�', 2Q11 The Leisure Services Advisory Board wishes to share with you our thoughts on priorities that we believe will move our community forward in terms of wellness, image, attxacting new citizens and create a culture of wellness. We fully endorse Plan Saint John's proposals and we have used the Wallace Report as one of our cornerstones in our discussions. A large number of citizens participated in these reports and we see this as a very positive sign of citizen engagement. Our committee is composed of very experienced and committed volun�eers .We are very concerned with the high levels of poverty and obesity. Our community has to become more pedestrian friendly. This will allow more activity such as walking and running. We have also found that rnany of our streets are not pedestrian friendly. To the poin�of being unfriendly to citizens and making citizens afraid to use our recreational facilities. Examples of this are Market Place West and the usage of Carleton Cornmunity Center, Crown Street and the usage of Chown Field, Lower Cove Loop and Barrack Green Field and Main Street and the Lord Beaverbrook Arena. We suggest slowing traffic, more cross walks with stop signs and pedestrian Tslands with trees in the center for pedestrian safety and the narrowing of these streets [the new entrance and streetscape at Rockwood Park is a very positive,pedestrian friendly city initiative and example]. We advise that Quality over quantity is very important and the upkeep of facilities is very important and less costly in the long run. Programming and activities for all ages is very important. All citizens need the opportunity to stay active. There are too many bodies that contro] recreational facilities and many volunteer organizations find this frustrating [many institutions, schoo] districts, municipalities, churches etc.]. Recreation uses one of the highest levels of volunteers .There has to be more co-operation in the use of facilities so volunteers can spend their time with programming instead oFdealing with so many permissions. We encourage to keep thanking volunteers, the life blood of our community. We have to find easier ways for volunteers to be active, encourage them and thank them. Schools and municipalities have to be more aligned and children need more activity. Qur number one priority is: Neighbourhood Initiatives like the North End Community Center, Rain Bow Park and the Immediate Movement on the Market Place/Carleton Center Recreational Plan. There are many more neighbourhood initiatives and adoption strategies. Crime, poverty, Health Costs, lack of recreational and education opportunities can hold a community back. 390 Our number two priority is the Lord Beavebrook Arena renewal. This would see the LBR become the regions only Olympic Ice Surface. All of our competing major municipalities have Olympic Ice Surfaces This would attract major national and international events we are missing out on and could be used for speed skating and many other ice related sports. The LBR is also an all season recreational facility. It is one of the most beautiful arenas in the country. The LBR can also serve as an economic and social catalyst in the core of the city and in the center of our most vulnerable neighbourhoods. It is a key asset in the heart of Saint John sometimes not always appreciated because it is surrounded by roads and pavement .The Wallace Report also recommended the renewal of this great facility. The third priority is the replacing of the grassed field with an artificial turF field at Millidgeville number one field. It has lights, dressing rooms, fencing, score board, parking and is on bed rock. The cost of artificial turf on this field is very economical because of these conditions and present assets. An artificial field sees three times the usage of a grassed field and expands the season and thus increases activity. We also believe the Simonds High School field should be artificial as this would increase activity in East Saint John. There is a plan for this and it has fencing, dressing rooms, scoreboard and parking. The Wallace Report recommended b artificial fields for Greater Saint John. There are presently 3 in the Kennebecasis Valley and one in Saint John at UNB Sain�John [this being not just a field but our community's major outdoor venue and stadium,that has huge economic and wealth generation potential ] . We do not believe most of our fields need seating as this should only be encouraged at the Canada Games Stadiw�n. We also encourage at looking at Shannrock Park as an outdoor skating oval. This has been recently done in Halif�. Shamrock Park is also in a central location and should also be used to encourage winter activity, especially since so many of our children are not ac�ive enough .Health Canada states for every dollar spent on recreation four dollars is saved on Health Caze. Vanderbuilt University states that every child that enters the criminal justice system costs the tax payers $2.6 million dollars. Harvard University's Spark research shows for 40 minutes of aerobic exercise comprehension increases substantially,behaviour improves and attendance at school and at work increases. The city should look at using this information when dealing with the two levels of goveinment as they spend money on prisons and health care and redirect some of this money to recreation which is prevention. We need long term planning; for exam�ple the four city arenas dressing rooms are too small, often players have to change in shifts and visitors find this image rather backward. We have to repurpose facilities that may not be getting the usage they should be. Long term planning should look at the need for prime time ice usage but with the condition that it is not subsidized ice. This is not meant for children but there is a neeri for primetime ice and it should be charged out at the proper rate and should be part of an existing facility. There is no more need for seating in arenas with Harbour Station and the LBR fulfilling this need. 391 We fully support the efforts of the YMCA renewal and the Exhibition Park Field House Proposal and the groups behind them. We believe the YMCA should be located near or in the center of the commuzuty. There should be a regional recreation inventory of Greater Saint John to attract more events and allow more efficient usage[ie a senior volleyball team using a gym with a low roof and a Karate club using a gym with a high roof].Recreational managers should cornmunicate more in Greater Saint John . We also believe there should be a full time event planner perhaps associated with Enterprise Saint John or the Destination Marketing Qrganization .Event tourism either sport or culture is growing and could be a huge wealth and employment generator for our community. Both Programming and good facilities will create more activity. We need to create a greater culture of Wellness in our Community. Sincerely, � �� D ��-�- � Barry Ogden, Chair LSAB 392