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2013-09-03_Agenda Packet--Dossier de l'ordre du jourr. City of Saint John Common Council Meeting AGENDA Tuesday, September 3, 2013 6:00 pm 8th Floor Boardroom, City Hall Si vous avez besoin des services en francais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Pages 1. Call to Order - Prayer 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Proposed Public Hearing Date 1666 Hickey Road (Recommendation in Report) 1 - 1 5.2 Common Council Request from Inside Ride (Recommendation: Approve 2 - 3 Request and Proclamation) 6. Members Comments 7. Proclamation 7.1 Shinerama Saint John Week - September 2 -6, 2013 4 - 4 8. Delegations / Presentations 8.1 Multi -City Transportation Working Group Presentation 5-23 9. Public Hearings 9.1 Proposed Zoning By -Law Amendment 304 Westmorland Rd 24-33 9.1.1 Planning Advisory Committee report recommending Rezoning 34-45 10. Consideration of By -laws 1 Powered By; XI?IBE 11 12 13 14 15 16 17 18 10.1 Planning Advisory Committee report recommending Rezoning of 2240 Red 46-66 Head Rd 10.1.1 Proposed Zoning ByLaw Amendment (Tabled from July 29, 2013) 67-72 Submissions by Council Members Business Matters - Municipal Officers 12.1 Legislative Modernization: City fo Saint John Position Paper 73-95 12.2 Traffic By -Law Amendment - Douglas Ave On- Street Parking (1 st & 2nd 96-98 Reading) 12.3 Safer School Zones Program 99-104 Committee Reports 13.1 Planning Advisory Committee: Subdivision (Freedom Court Street Vesting) - 105-112 Churchill Boulevard 13.2 Planning Advisory Committee: Street Names - Glen Falls Mobile Home Park 113-127 Expansion Consideration of Issues Separated from Consent Agenda General Correspondence 15.1 Stonehammer Global Geopark Request for Funding 128-128 Supplemental Agenda 16.1 Contract No. 2012 -30: Greenhead Road - Sanitary Lift Station "A" 129-130 Replacement 16.2 Uptown Saint John: Mobile Signage 131 -132 Committee of the Whole 17.1 Ending Board Member's Terms on the Power Commission of Saint John 133-133 17.2 Ending Board Member's Terms on Saint John Industrial Parks 134-134 17.3 Appointments to the Power Commission of the City of Saint John 135-135 17.4 Review of ABC 6 Year Time Limit 136-136 Adjournment 1 City of Saint John Common Council Meeting Tuesday, September 3, 2013 Committee of the Whole 1. Call to Order Si vous avez besoin des services en frangais pour une reunion de Conseil communal, veuillez contacter le bureau du greffier communal au 658 -2862. Each of the following items, either in whole or in part, is able to be discussed in private pursuant to the provisions of subsection 10.(2)(4) of the Municipalities Act and Council / Committee will make a decision(s) in that respect in Open Session: 4:30 p.m. 8th Floor Boardroom City Hall 1.1 Financial Matter 10.2(4)(c) 1.2 Land Matter 10.2(4)(d) 9 The City of Saint John Seance du conseil communal Le mardi 3 septembre 2013 18 h Salle du conseil Comite plenier 1.Ouverture de la seance Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau de la greffiere communale au 658 -2862. Chacun des points suivants, en totalite ou en partie, peut faire l'objet d'une discussion en prive en vertu des dispositions prevues a Particle 10 de la Loi sur les municipalites. Le conseil /comite prendra une ou des decisions a cet egard au cours de la seance publique 16 h 30 — Salle de conference, 8e etage, hotel de ville 1.1 Question financiere — alinea 10.2(4)c) 1.2 Question relative aux biens -fonds — alinea 10.2(4)d) Seance ordinaire 1. Ouverture de la seance, suivie de la priere 2. Approbation du proces- verbal 3. Adoption de Pordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a Papprobation du conseil 5.1 Date prevue pour la tenue d'une audience publique concernant le 1666, chemin Hickey (recommandation figurant au rapport) 5.2 Demande deposee par Inside Ride aupres du conseil communal (recommandation : approuver la demande et la proclamation) 6. Commentaires presentes par les membres 7. Proclamation 7.1 Semaine de la campagne Shinerama dans The City of Saint John — du 2 au 6 septembre 2013 8. D616gations et presentations 8.1 Presentation du groupe de travail multi- villes sur les transports 9. Audiences publiques i 18 b 30 9.1 Projet de modification de 1'Arret6 de zonage visant le 304, chemin Westmorland 9. 1.1 Rapport du Comit6 consultatif d'urbanisme recommandant le rezonage 10. Etude des arret6s municipaux 10.1 Comite consultatif d'urbanisme recommandant le rezonage du 2240, chemin Red Head 10.1.1 Projet de modification de 1'Arret6 de zonage (point report6 lors de la seance tenue le 29 juillet 2013) 11. Interventions des membres du conseil 12. Affaires municipales 6voqu6es par les fonctionnaires municipaux 12.1 Modernisation legislative : Expose de position de la Ville de Saint John 12.2 Modification de 1'Arret6 relatif a la circulation — Stationnement sur rue, avenue Douglas (l" et 2e lectures) 12.3 Programme pour Pinstauration de zones scolaires plus s6curitaires 13. Rapports d6pos6s par les comit6s 13.1 Comite consultatif d'urbanisme : Lotissement (devolution de terrains a titre de rue visant la cour Freedom) — Boulevard Churchill 13.2 Comite consultatif d'urbanisme : Noms de rue — Agrandissement du part de maisons mobiles de Glen Falls 14. Etude des sujets 6cart6s des questions soumises i 11approbation du conseil 15. Correspondance gkn6rale 15.1 Demande de fmancement du g6oparc mondial Stonehammer 16. Ordre du jour supplementaire 16.1 Contrat ri 2012 -30 : Chemin Greenhead — Remplacement de la station de relevement des eaux uses « A » 16.2 Uptown Saint John: Enseignes mobiles 17. Comite pl6nier 17.1 R6siliation du mandat des membres du conseil d'administration de la Commission d'6nergie de The City of Saint John 17.2 R6siliation du mandat des membres du conseil d'administration de Saint John Industrial Parks 17.3 Nominations a la Commission d'6nergie de The City of Saint John 17.4 Examen du d6lai de 6 ans pour le mandat exerc6 au sein des organismes, conseils d'administration et commissions 18. Levee de la seance M &C- 2013 -190 August 26, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Public Hearing Date 1666 Hickey Road BACKGROUND: rhon City of Saint john 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 application has been received. Name of Location Existing Proposed Reason Applicant Zone Zone Tom Smith 1666 Hickey Road "R -2" "IL -1" & To permit a Sec. 39 20 -bed special care residence RECOMMENDATION: That Common Council schedule the public hearing for the rezoning and Section 39 amendment application of Tom Smith (1666 Hickey Road) for Monday, September 30, 2013 at 6:30 p.m. in the Council Chamber, and refer the application to the Planning Advisory Committee for a report and recommendation. Respectfully submitted, J queline Hamilton, MCIP, RPP I Patrick Woods, CGA C . ssioner City Manager —f`rowth and Community Development Services August 27, 2013 To: Mayor Mel Norton and Members of Saint John Common Council Jonathan Taylor, Common Clerk From: Organizing Committee, Saint John Inside Ride John Cairns, Chair; Lynn Smith, Communications On October 5, 2013 Saint John will play host to the National Inside Ride Tour for the first time. This team challenge, stationary bike event, held in towns and cities across Canada, raises money to directly support local families who are struggling with the huge financial impact of childhood cancer. This impact is especially felt by New Brunswick families as our province does not have a dedicated children's hospital, thereby necessitating extensive travel for treatment. What distinguishes the event from many others is that it is focused on family not research and 100 percent of money raised stays here. No portion of monies raised on October 5th at Lions Auditorium on Loch Lomond Road goes to administration. All funds will be distributed through the NB Lions Sick Children's Fund to families whose financial needs exceed their means due to childhood cancer. A local family facing this challenge has been selected to act as the first ambassador of the Saint John Inside Ride. Scott and Jennifer Larson of West Saint John know firsthand the tremendous financial impact for families battling childhood cancer. Their son Isaac's rare form of leukemia has necessitated more than 24 trips to Toronto in the past year. Isaac Larson is a student at Island View School. In Canada each year more children between age one and adolescence die of cancer than any other disease. One in 400 children will develop cancer and 1 in 5 will not survive the diagnosis. With a mortality rate of almost 20 %, each year Canada is losing tens of thousands of years of potential life. Increased awareness of childhood cancer, and support for programs such as the Inside Ride, will assist children and their families in their battle against this deadly disease. September 21" has been designated the National Day of Awareness and Action for Childhood Cancer. On this date, the CN tower will shine gold in honor of Canada's childhood cancer angels and warriors. Communities across Canada are encouraged to develop their own ways of recognizing the day to reflect the gold ribbon that is the symbol of childhood cancer The Saint John Inside Ride Committee believes Greater Saint John residents will use their abundant creativity to make our city glow as well. It is hoped that this "gold fever' will inspire people to support the volunteer teams of the Inside Ride being held October 5tn The Saint John Inside Ride committee is requesting that at the regular meeting of Saint John Common Council on September 16, a member of the Larson family be permitted to make a five - minute informational presentation on the importance of Childhood Cancer Awareness and the Inside Ride. In addition we would make the request that Mayor Norton proclaim September 21St National Childhood Cancer Awareness and Action Day in Saint John and encourage residents to turn our city gold in as many creative ways as possible. ( *See attached Proclamation) We greatly appreciate your time given to consideration of our request Regards, John Cairns, Inside Ride Committee Chair Lynn Smith, Inside Ride Committee, Communications Lead AND the Larson Family THE 6yi�. NATIONAL /NS/06R /OE *TOUR* 0A, L; ,i. PROCLAMATION WHEREAS: One in every 400 Canadian children will be diagnosed with cancer before reaching the age of 19. The diagnosis of childhood cancer is most often a challenge faced by young parents with other small children and the impact is deeply felt financially, socially and emotionally by the entire family. AND WHEREAS: New Brunswick does not have a dedicated children's hospital, the impact of childhood cancer on a family necessarily begins with multiple trips outside the province for treatment, most often for years. This is usually accompanied by a reduction in family income as one parent takes time from work to care for the cancer child. The income loss is magnified by the high costs of travel and at -home care of younger siblings. It is not uncommon for parents to lose all assets as a direct result of out -of- pocket costs associated with providing the best possible care for their child. AND WHEREAS: The Saint John Inside Ride, in cooperation with the Lions Sick Children's Fund, is being held in our City for the first time on October 5th to provide financial support directly to local families impacted by Childhood Cancer which is recognized by the symbol of a gold ribbon NOW THEREFORE: I, Mayor Mel Norton of Saint John do hereby proclaim September 21st, 2013 to be National Day of Awareness and Action for Childhood Cancer in Saint John and encourage all residents of our city to join communities across Canada in marking the day by "turning their city gold" in creative ways, and by aiding local families through support of teams who are participating in the Saint John Inside Ride. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. PROCLAMATION WHEREAS: UNBSJ is having their 45th Annual Shinerama campaign in Saint John to raise funds for cystic fibrosis research and treatment. WHEREAS: Shinerama is the single largest charity event among Canadian University students. Over 21 million dollars have been raised through the continuous effort of 65 campuses and approximately 40 000 students yearly. WHEREAS: Students from all walks of life will join the fight by scouring the streets of Saint John on September 5th in pursuit of some funds. WHEREAS: Your support towards these students can go very far to finding a cure to a terrible disease which affects many young Canadians. NOW THEREFORE: I, Mayor Mel Norton, of Saint John do hereby proclaim the week of September 2 -6, 2013 as Shinerama Saint John Week in the City of Saint John. In witness whereof I have set my hand and affixed the official seal of the Mayor of the City of Saint John. Multi -City Transportation Working Group A COLLABORATION OF NEW BRUNSWICK CITIES WITH COMMON TRANSPORTATION GOALS Why Focus on Public Transportation? Transportation — specifically public transit — presents a rare community planning opportunity to achieve multiple benefits through a single investment. Economic: Cities with strong public transit service are more attractive to workers in the Knowledge Economy; Public transit reduces road congestion and the many infrastructure and maintenance costs associated with personal vehicle use; Public transit enables employment and workforce attachment of low- income residents; Most New Canadians prefer public transit to personal vehicles. Why Focus on Public Transportation? Environmental: Reduces the production of Green House Gases, improving local air quality; Reduces vehicle pollutant releases to ground water such as coolant, engine oil, etc. Requires less road infrastructure, increasing a community's green and leisure space opportunities. Social: As an affordable transportation option, public transit enables community participation of the elderly and low- income residents; Users of public transit services have a stronger sense of community and social network. A Saint John Priority Council Priorities, 2012 -2016 Economic: "Invest wisely to continue to build our community and deliver services while maintaining a healthy financial position." Community of Choice: "Build a more robust transit system that is aligned with the principles of PlanSJ" Sustainable Infrastructure: "Implement policies that maintain and protect the quality and integrity of all our infrastructure assets in an environmentally sustainable way and reinforces the principles of PlanSJ." History of the Initiative 2011: Saint John Urban Transportation Initiative, Phase 1 Led by Vibrant Communities Saint John, a community- engagement and research project that asked, "Is our public transportation system affordable and accessible ?" Supported and guided by City of Saint John, Saint John Transit, business community, non- profit sector, UNBSJ and low- income residents Resulted in positive changes to transit operating policy (ex. Family travel policy) and supported Common Council move to increase 2012 operating budget to Saint John Transit 2012: Saint John Urban Transportation Initiative, Phase 2 Execute 5 key recommendations resulting from Phase 1 report, "Getting Around When You're Just Getting By - Poverty, Policy & Public Transit" #4: Work with the City of Saint John, Saint John Transit and other key stakeholders to realize improvements in the financial contributions of the Province of New Brunswick to the operation of public transit Introduction to the Working Group Member communities: Are urban centres of New Brunswick (Fredericton, Moncton & Dieppe, Saint John); Have existing public transportation operators. First met in February 2013, to explore opportunities and challenges related to the provision of sustainable, affordable and effective public transportation. Conducted a Planning Session in April 2013, resulting in shared Vision, Mission and Guiding Principles, and a group Action Plan. Born by a common desire among urban centres to: Grow strong public transit systems Increase community sustainability Share concerns and promising practices Contribute to poverty reduction Working Group Members Each member city is represented by: Member(s) of Common Council The local Community Inclusion Network (non - profit responsible for the local poverty reduction strategy) Vibrant Communities Saint John City staff Transit operators Other Working Group members include: University of New Brunswick, Engineering Department University of New Brunswick Saint John, Urban & Community Studies Institute & Political Science Department Private sector Non - profit / community service sector Low - income New Brunswickers Other partners in this initiative include representatives from: Department of Transportation & Infrastructure Department of Healthy & Inclusive Communities Economic & Social Inclusion Corporation City of Dieppe NB Social Policy Research Network Objective of the Collaboration To collaborate with each other and the Government of New Brunswick to find ways to strengthen our public transit system, specifically through participation in the development of the NB Transportation Strategy. Develop a working partnership between NB Cities and GNB o Present a unified voice representing urban transportation needs Work proactively and cooperatively with other NB cities on areas of common interest and concern Working Group Deliverables White Paper on strong and effective public transportation policy and funding models, to inform the NB Transportation Strategy: Identification of enabling legislation relevant to public transportation; Identification of potential incentive programs to encourage transit adoption among New Brunswick residents; Identification of potential shared - purchasing opportunities among transit operators (ex. Parts, counting equipment, professional development, etc.); Best practices in Transportation Impact Assessment, Transportation Infrastructure Investment Strategies and inventing behavioural change in residents. Deliverables Continued Common brand strategy, that is complimentary to existing individual operator brands and encourages the adoption of public transit; Build community capacity in transportation across the province (through the development of subject-matter-expert groups; opening lines of communication between the participating urban centres, their transit operators; etc.). Request for Support The Working Group is requesting the following support from the City of Saint John (with similar requests being presented to the Cities of Moncton and Fredericton), to execute our Action Plan and achieve our goals: Approve Councillor Reardon as Working Group Co- Chair, representing the City of Saint John Contribute $10,000 toward the Working Groups combined funding model (see Request for Funding background doc for budget detail) A High-Value, Low -Cost Investment Public transportation reduces costs and is an economic engine: "Public transit reduces the unit cost of user trips, decreases the travel time of nonusers, increases the pool of workers and consumers for companies, and mitigates the harmful effects of pollution. These benefits tend to increase quickly with the size of an area. The more populated the area, the greater the benefits." Board of Trade of Metropolitan Montreal Effective public transportation enables community participation: "Affordable public transit fulfils the essential role of ensuring that any resident, regardless of their socioeconomic status, can participate fully in a community. Community participation achieves a number of important personal and community outcomes such as workforce participation and personal wealth, education levels, mental and physical health, etc." CUTA o Multi -City Transportation rmm� Working Group Backgrounder What is the Multi -City Transportation Working Group? Public transit is more than just another municipal service. It plays a critical role in the health and sustainability of a community in every way: socially, environmentally and economically. Its impact on the local environment is obvious - as more residents of a community select public transit as their primary form of transportation, vehicle emissions drop through a reduction in personal vehicle use, and wear - and -tear on municipal infrastructure is reduced, etc. In the economic context, an effective public transit system ensures that employees are able to get to and from work efficiently (including those who use personal vehicles, as fewer cars on the road reduces congestion and therefore travel time), and that an employer's reach to potential employees extends throughout the community rather than just their own neighbourhood. In a social context, affordable public transit fulfils the essential role of ensuring that any resident, regardless of their socio- economic status, can participate fully in a community. The impact, and therefore importance of public transit is complex and in the community context, all - encompassing. There is an opportunity to improve the sustainability and economic viability of our cities - as well as the ability of low - income residents to access employment, health and other critical services - by investing in public transportation. The prospect of strengthening our communities extends beyond the municipal level, as the provision of public transit is also directly impacted by Provincial and Federal governments'. Therefore a collaborative approach to this issue is necessary for long -term success. In February 2013 the urban centres of New Brunswick (with existing public transit operations) came together to discuss the current state of their transit systems, their challenges and hopes for the future. It was immediately apparent that the opportunities and challenges related to the provision of public transportation are common among the participating cities. Also apparent was the opportunity for collaboration between those in attendance; the Multi -City Transportation Working Group was formed. The February meeting was followed by a day -long planning session in April 2013, resulting in an ambitious Action Plan with the over - arching goal of partnering with each other and the Government of New Brunswick to enhance the province's public transportation systems. ' Reference: Getting Around When You're Just Getting By - Poverty, Policy Ft Public Transit 10/07/2013 17 Sara Stashick, Threefold Consulting Vibrant Communities Saint John Who has been involved? There is a core membership of the Multi -City Transportation Working Group, and an extended circle of partners and stakeholders involved in the Group's early work. The core membership includes representatives of the City of Fredericton, the City of Moncton, and the City of Saint John. Each community is represented by: • Member(s) of Common Council • The regional Community Inclusion Network (non - profit responsible for the local poverty reduction strategy) - Vibrant Communities Saint John, Westmorland Albert Community Inclusion Network Co- operative Ltd. and Greater Fredericton Community Inclusion Network • City staff • Transit operators Other Working Group members include: • University of New Brunswick, Engineering Department • University of New Brunswick Saint John, Urban Et Community Studies Institute Et Political Science Department • Private sector • Non - profit / community service sector • Low - income New Brunswickers Other partners in this initiative include representatives from: • Department of Transportation Et Infrastructure (GNB) • Department of Healthy Et Inclusive Communities (GNB) • Economic Et Social Inclusion Corporation (GNB) • City of Dieppe • NB Social Policy Research Network Resourcing the Working Group To date the Multi -City Transportation Working Group has been coordinated by Vibrant Communities Saint John, funded by the New Brunswick Economic and Social Inclusion Corporation (ESIC), and supported by VCSJ's Transportation Steering Committee members (including representatives from the City of Saint John, Saint John Transit, the non - profit community, UNBSJ, the private sector and low - income residents). Moving forward, the Group will be seeking financial and other resources (such as subject- matter expertise and project coordination), to execute their Roadmap. The Group intends to seek small -scale funding from the participating municipalities to support the initiative until March 2014. This combined funding approach reflects the Groups shared governance model and guiding principle of working cooperatively, and achieves a multiplier effect for the funding partners. 10/07/2013 in Sara Stashick, Threefold Consulting Vibrant Communities Saint John Objective of the Collaboration To collaborate with the Government of New Brunswick to find ways to strengthen our public transit system, specifically through participation in the development of the NB Transportation Strategy. • To develop a White Paper on strong and effective public transportation policy and funding models, to inform future development in our urban centres and align with the NB Transportation Strategy: • Identification of enabling legislation relevant to public transportation; • Identification of potential incentive programs to encourage transit adoption among New Brunswick residents; • Identification of potential shared - purchasing opportunities among transit operators (ex. Parts, counting equipment, professional development, etc.); • Best practices in Transportation Impact Assessment, Transportation Infrastructure Investment Strategies and incenting behavioural change among residents. • To develop a common branding strategy for New Brunswick's public transit operators, that is complimentary to existing individual operator brands and encourages the adoption of public transit; • Building community capacity in transportation across the province (through the development of subject- matter - expert groups; opening lines of communication between the participating urban centres, their transit operators; etc.). Moving Forward The Groups next steps include: 1. Develop co -chair model for Working Group -secure approval from Common Councils 2. Formally engage other partners, specifically those provincial departments critical to success 3. Secure small -scale funding from Municipalities (formal request pending) 4. Coordinate and resource working committees for Priority Areas (see chart below) Priority Area July 2013 - Dec i - Dec 2014 Communication 1. Partner with 3. Enabling legislation business sector 2. Communication Strategy Data Removing Barriers Working with Stakeholders Et Service Integration 10/07/2013 4. Transit System Modeling 6. Motor Carrier Act 8. Secure Municipal Council support 9. Community -level environmental improvements 10. Behavioural change research 11. Transportation Impact Assessment 19 5. Social Et Environmental Return 7. Capital Investment Strategy 12. Infrastructure Cost Assessment Sara Stashick, Threefold Consulting Vibrant Communities Saint John Recommendations 1. Receive and File this Backgrounder and Reference Documents 2. Direct Councillor to participate in and officially represent the City of at the Multi -City Transportation Working Group, and act as co -chair with Councillor _ of the City of and Councillor of the City of 3. Direct Councillor to coordinator efforts with City Staff as appropriate. Reference Documents NB Urban Transportation Roadmap - Strategic Plan of the Multi -city Transportation Working Group Vision, Mission Et Guiding Principles - Multi -City Transportation Working Group Multi -city Transportation WG - Meeting Notes - Feb 7 Getting Around When You're Just Getting By - Poverty, Policy Et Public Transit 10/07/2013 20 Sara Stashick, Threefold Consulting Vibrant Communities Saint John o Multi -City Transportation rmm� Working Group Request for Funding Amount Requested Individual contribution = $10,000 from each participating municipality (City of Fredericton, City of Moncton, City of Saint John) Deliverables White Paper on strong and effective public transportation policy and funding models, to inform the NB Transportation Strategy currently under development: a. Identification of enabling legislation relevant to public transportation; b. Identification of potential incentive programs to encourage transit adoption among New Brunswick residents; c. Identification of potential shared - purchasing opportunities among transit operators (ex. Parts, counting equipment, professional development, etc.); d. Best practices in Transportation Impact Assessment, Transportation Infrastructure Investment Strategies and incenting behavioural change in residents. Common brand strategy, that is complimentary to existing individual operator brands and encourages the adoption of public transit; Build community capacity in transportation across the province (through the development of subject- matter -expert groups; opening lines of communication between the participating urban centres, their transit operators; etc.). Ti mef rame September 2013 - March 2014 Budget Office expenses Et supplies Communication Et technology Printing Et materials Professional services Research Meetings Et travel Total Budget Municipal Funding (combined) Other Contributions (partners) $750 $1,200 (in -kind) $2,400 $2,000 $2,000 (in -kind) $12,000 $10,000 $2,500 (UNBSJ, Urban Et Community Studies Institute) + $5,000 (in -kind) $2,100 (in -kind) $12,800 $2,850 $30,000 21 o Multi -City Transportation rmm� Working Group Council Motion UVAISTUOR That the City of Saint John actively participate in and support the efforts of the Multi -City Transportation Working Group, to enhance the accessibility and effectiveness of public transportation in New Brunswick's urban centres. Further, that Councillor Reardon act as the official City representative of the Working Group, and act as co -chair with Councillors Ericson and , from the Cities of Fredericton and Moncton respectively, and remain in this role until the Working Group has completed its action plan. 22 o Multi -City Transportation rmm� Working Group Council Motion #2 Motion That the City of Saint John provide $10,000 to the Multi -City Transportation Working Group, to resource the development of: A white paper on strong and effective public transportation policy and funding models, to inform the development of the New Brunswick Transportation Strategy; A common brand strategy for New Brunswick's public transit operators, that is complimentary to existing individual operator brands and encourages the adoption of public transit; Building community capacity in transportation across the province (through the development of subject- matter - expert groups; opening lines of communication between the participating urban centres, their transit operators; etc.). 23 PROPOSED ZONING BY-LAW AMENDMENT RE: 304 WESTMORL ND ROAD Public Notice is hereby given that the Common Council of The City of Saint John Intends to consider amending The City of Saint John Zoning 11t,-law at its regular meeting to be held in the Council Chamber on Tuesday, September 3, 2013 at 6:30 p.m., by: 1. Adding the following to the ust of zones In section 30(1): "special zone, SZ -28" 2. Adding the following as Section 740(28): 'Special Zone M26 (S2.2M a) LIM Any land, building or structure may be used for the purpose of, and for no other purpose than, ) the folio ;+ing uses: -an access road for an electrical substation; -,ell `1 a; sy 120( permitted In Section ii) the following uses subject to such terms and conditions as may be imposed by the Committee: .all uses permitted In Section 120(1)(b); ii) subject to Section 830, an accessory building, structure or use, Incidental to a use, building ;r structure permitted In this zone. b) Zone Standards Standards for development in Special Zone'28 shall be as set out In Section 120(2), and Section 810 to 910 where this zone shall be considered an "R" zone, an "R$" zone, or an "RS -2" zone, as the case may' be." 3. Rezoning a parcel of land with an area of approximately 3137 square metres, located at 304 Westmorland Road, also identified as being a portion of PID Nos. 00415422, 55026744, 55026736,55026728, 35026710, 55026702 and 55119649,1rom "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone 428, as illustrated belo,:. J, _ REASON FOR CHANGE: To permit an access road to an electrical substation located at 286 Westmorland Road (PID Nn. 55194Z03). The proposed amendment me,, be inspected by any interested person at the office of the Common Clerk, or In the office of Planning and Development, Ck, Hall, 15 ldarket Square, Saint John, N.S. betv:•een the hours of 8:30 a.m. and 4:30 p.m., Monday through Friday; inclusive, holidays excepted. Written objections to the amendment maybe sent to the undersigned at City Hall. fi }7u require French services for a Common Council meeting, please contact the office of the Common Clerk, Jonathan Taylor, Common Clerk 648 -3703 PROJET DE MODIFICATION DE VARRht SUR LE ZONAGE OBIET: 304, CHEMIN WESTMORLAND Par les prasentes, on ovis public est donne par sequel le con!•Al communal de The City of Saint John Indsque son intention d'3tudier la modification sulvante a I'arrEtE sur le zonage de The City of Saint John, lots de la raunlon ordlnaire qui se dendra dans Is sa8e du consul le mardi 3 septembre 2013 a 18 h 30: 1. Ca4Jonction de I'element suivant S to lisle de zones du paragraphe 30(l): -zones spaciales SZ -28. 2.C'adlonction du paregraphe 740(28) qui se lit comme suit: 2 o�g fial n° 8 (57 -;)Al ) Tout terrain, batiment ou StNC[ure ne peut etm affacta : i) qu'aux utilisations suwntes : -one route d'acces pour on poste Electrique; - touter les; utilisations permises en vertu de I'alinaa 120(1)(a), 11) qu'aux utilisations sufvantes, sous reserve des conditions Imposees par le comite - toules IP% UbllsatiLils permises eo vertu de I'alinaa 120(1)(6); sip sous reserve de Particle 830, qu'k one utilisation auxillaire ou accenoire Iiee it one utillsation, on b8timent ou one structure permis clans cette zone, b) Normzona Les normes d'amanagement dans la zone spaciale n° 28 doivent fttre conformer aux dis ositions du paragraphe 12 (2) at des articles $10 It 910, at Is zone en question dolt titre comlderee en tant qua zone «R., zone «RS, ou zone 45-2., selon le cas.. 3. Modification du zonage d'une parcelle de terrain d'une superficie d'environ 3 137 metres carres, situee au 304, chemin Westmorland, et etarlt aussi one partie des NID 00415422, 55026744, 55026736, SS02f 728, 55026710, S 55026702 et 35119648, de zone rFsidentielle de banlleue — habitations ej untfamll1aies et blfamlllales «RS-2. a zone 'p 'dale n° 28 .SZ•28., comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: Permettre une route d'acc&s ' in poste Neadque situ€ au 286, chemin Westmorland (NID 55194203) Teute personne Interessee peut examiner le proJet de modification au bureau du greffier communal ou au bureau de I'urbanisme of cldh eloppement 5 I'hbtel de vllle au 15, Market Square, a Saint John, au Nouveau- Brunswick, entre B In 30 at 16 h 30 du lundl au vandredf, sauf les jours ferias. Veulllaz fafre part de vos objections au proJet de modification par ecrit 8 Pattention du souWgne a I'hfitel de ville. 51 vous avez basoin des services en fransafs pour une n1union do Conseil Communal, veuillez contester le bureau du greffler communal. Jonathan Taylor, Greffier communal 648.3703 (aussi disponible en frangais) Type of Application ❑ Municipal Plan Amendment ❑ Subdivision ❑ Similar / Compatible Use ® Zoning By -law Amendment ❑ variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change / Re- establishment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Nan - Conforming Use Contact Information Name of Applicant Hughes Surveys & Consultants Inc. on behalf of The Power Commission of the City of Saint John (Saint John Enerav) Mailing Address of Applicant (with Postal Code) Home Telephone Number Fax Number 506 - 634 -0759 575 Crown Street, Saint John, NB E2L 5E9 Work Telephone Number 506 -634 -1717 (Rick Turner) E -mail rt @hughessurveys.com Name of Property Owner (if different from applicant) Wilten Management Ltd., Bell Canada & Fernhill Cemetery Company Mailing Address (with Postal Code) Property Information Location Westmorland Rd Portion of 415422, 55026744, 55026736, 55026728, e ,ic ot Street 55026710, 5W6702, 55119648 Existing Use of Property Was vacant land Existing Plan Designation of Property Existing Zoning of Property _ Description of Application RS -2 Proposed Use of Property Access Proposed Plan Designation of Property Proposed Zoning of Property Special Zone Describe what you propose to do (attach additional pages if necessary). The Power Commission of the City of Saint John (Saint John Energy) has acquired right of ways over the subiect properties to enable them to transport large pieces of equipment to the substation they have under construction, The components were not able to be transported over a right of way they previously acquired to the east of this area due to steep terrain. The Special Zone designation is proposed to recognize the access Right of Way as a permitted use and the existing zoning rights are proposed to remain in effect. NOTE: If the applicant is NOT the owner, the O er's signature or authorization (in writing) to submit this application is required. Signature of Applicant �, 2 �J Signature of Proponent Rick TGnnef —Hughes Surveys & Consultants Inc. `�c .. , . - Saint John Energy Date vcl; ! � A copy of the owners authorization to make this application is attached For Office Use Only Reviewed by Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Site Plan ❑ Fee r� ? , Date 2e r3 Date ❑ Tentative Subdivision Plan ❑ Building Elevations ❑ Other ❑ Floor Plans ❑ Sign Drawings JUL 18 2013 P.O. Box 1971 SaintJohn, NB Canada E2L 4L1 www.saintjohn.ca C.P. 1971 Saint John. NA. Canada E2L 41_1 SAINT JOHN 7ne pryoFSa7nt lann RE. The Power Commission of the City of Saint John (Saint John Energy) Substation Access Road To The City of Saint John: We, the undersigned, hereby authorize Hughes Surveys & Consultants Inc. on behalf of The Power Commission of the City of Saint John (Saint John Energy) to make application to rezone a portion of our properties designated as "Right of Way" on the attached plans to SPECIAL ZONE in order to recognize the use of a right of way over our properties to be used as an access. It is understood the rezoning will allow the provisions of the existing zoning to remain in effect. w, A,- )J)� Wilten Management Ltd. - William Walker Bell Canada - 'laic ��s2 lay lot Z Date Date Fernhill Cemetery Company - Date RP: The Power Commbolon grthe ft of Sdntlofe! (swintaohn Emgy% Substotbn Awsass Road To The Gty of Saint John: We, the undersigned, hereby authorize Hughes Surveys & Consultants Inc. on behalf of The Power Commission of the City of Saint John (Saint John Energy) to make application to rezone a portion of our properties designated as "Right of Way" on the attached plans to SPECIAL ZONE: In order to recognize the use of a right of way over our properties to be used as an access. It Is understood the rezoning will atiow the provisions of the existing zoning to remain to effect. Wilten Management Ltd. - William Walker Bell Canada -r� Pj ;Sn 'ger..iat can: 9 Fernhill Cemetery Company - : e,smhgR 60 Date Date Date RE. The Power Commission of the City of Safrit John (Saint John &argyj .,trbstcd1bit Access Road To The City of Saint John: We, the undersil;ned, hereby authorize Hughes Surveys & Consultants Inc. can behalf of The Power Commission of the City of Saint John ( Saint John Cneigy) to make application to rezone a poi Lion of our properties designated as "Right of Way" on the auaahed plans to SPECIAL ZONE in order to rocagnii.e the use of a right of way over our proisarties to be used as an access, It Is understood tlu: rezoning will allow1heprovisforis of the existfng zoi,ingto remain in effect. Wilton Management Ltd. - William Walker Bell Canada .�.-�. -� r•ernlrifj,Cemeteey Company , rFkG.I!or -, Date Date ..�....._ Date V Ir 117 -B N\ to 4, 0- i J. F.-hid C...t., Company Property E­ 12;,30- r74 Lot .06-1 Cdnadal Prope 0— 233-4+ 1-3 L A L4 I 'Y' Nj f-A P Fty, T' 1. (Y. Ro M. 7. Ka,• Plan Data rbc. U Se ii• pm*,,._. Noll wl ljonk 1r . 31. 1-90 -,Mlen Pw—ge—K lid, ll il "a C- 14Y.I.d I W.) F� —d N- Plan Of Survey Requirements for Right Of Way crossing wilten Management Ltd- Property City of Saint John , Saint John County New Brunswick FIVEYS 'ONSULTANTS INC. 73. 7010 6 7- - ---- -- - ------ -- - - In L A L4 I 'Y' Nj f-A P Fty, T' 1. (Y. Ro M. 7. Ka,• Plan Data rbc. U Se ii• pm*,,._. Noll wl ljonk 1r . 31. 1-90 -,Mlen Pw—ge—K lid, ll il "a C- 14Y.I.d I W.) F� —d N- Plan Of Survey Requirements for Right Of Way crossing wilten Management Ltd- Property City of Saint John , Saint John County New Brunswick FIVEYS 'ONSULTANTS INC. 73. 7010 '0-4 Key Plon - QcgiatrotiGn 00to .5, .0 " 0— 2444tC. 00 ,g,t z , oh of � � �r; �` R (1.7 —A— h -0-.0 j--V- M�Ael 1— rix. 4 r P11 'l—k -d Verphill Cemetery Compory Property SSM JroM C 1--1402 .o 714 Pq 174 Ik' .1 -1- 0, r.k- b­d n Ne . 16 SIP -j—hi, i--'- it T in UMU- 'Fi Z4 I A: T -cw Right f V:ay I Lot Bell Gonado Property 0, Y. 7 )EG LIU,. l vt! A tel 41 66, Road Plan Of Survey Requirements for Right Of Way crossing Bell Conado Property City of Saint John Saint John County , New Brunswick ��RVEYS i CONSUL-fANTS INC. 0. L1 • �—Va vx 20 0 20 .0 ril- Saw— F-5 V !1 Key Plan Registration Data 15.000 Q., 40 -- 2 1 P, 11. ... .. iv Sal T4 F—wu C—atety Cyr g—y Lta • P C% C- I B-hill Cemetery Company Piopetty 0, 1�701-1 P.I. 17J t, A 6A71 Lot 96- 1 Prope.riy Col,ado 4 e� 36', w, '• Q16 A- a N, C. 'a j � Q ,-b , 40/ 4 Plan Of Survey 1 i \ L'? F Requirements for Right Of Way crossing Fernhill Cemetery Company Property City of Saint John , Saint John County New Brunswick 'ILI r. HIIGHEN I UHVK-� & CONNULTANTS 1XC- 011 S—z'A Fly 4�1 `15 0 —P ji BY -LAW NUMBER C.P. 110 - A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1. ARRETE No C.P. 110 - ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete ce qui suit : L'arrete sur le zonage de The City of Saint John, decrete le dix -neuf (19) decembre 2005, est modifid par: Adding the following to the list of 1. zones in Section 30(1): "special zones SZ -28" 2. Adding the following as Section 2. 740(28): "Special Zone #28 SZ -28 a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: - an access road for an electrical substation; - all uses permitted in Section 120(1)(a); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: - all uses permitted in Section 120(1)(b); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #28 shall be as set out in Section 120(2), and Section 810 to 910 where this zone shall be considered an "R" zone, an "RS" zone, or an "RS -2" zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 3137 square metres, located at 304 Westmorland Road, also identified as being a portion of PH) Nos. 00415422, 55026744, 55026736, 55026728, 55026710 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28 L'adjonction de 1'e16ment suivant a la liste de zones du paragraphe 30(1) o zones speciales SZ -28 » L'adjonction du paragraphe 740(28) qui se lit comme suit: Zone speciale a 28 S( Z-28) a) Usages Tout terrain, batiment ou structure ne peut etre affecte : i) qu'aux utilisations suivantes une route d'acc6s pour un poste electrique; - toutes les utilisations permises en vertu de 1'alin6a 120(1)(a); ii) qu'aux utilisations suivantes, sous reserve des conditions imposees par le comite : - toutes les utilisations permises en vertu de 1'alinea 120(1)(b); iii) sous reserve de I'article 830, qu'a une utilisation auxiliaire ou accessoire liee L une utilisation, un batiment ou une structure permis dans cette zone. b) Normes de zone Les normes d'amenagement daps la zone speciale n° 28 doivent titre conformer aux dispositions du paragraphe 120(2) et des articles 810 a 910, et la zone en question doit titre consideree en tant que zone u R », zone « RS » ou zone RS -2 », selon le cas. » 3. Modification du zonage dune parcelle de terrain d'une superficie d'environ 3 137 metres carres, situee au 304, chemin Westmorland, et etant aussi une partie des NID 00415422, 55026744, 55026736, 55026728, 55026710 et 55119648, de zone residentielle de banlieue — habitations unifamiliales et bifamiliales « RS -2 » a zone speciale n° 28 « SZ -28 » - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by: Mayor/Maire - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arrdte le 2013, avec les signatures suivantes : Assistant Common Clerk/Greffier communal adjoint First Reading Premiere lecture Second Reading Deuxidme lecture Third Reading Troisidme lecture Planning Advisory Committee August 22, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Proposed Zoning By -law Amendment - 304 Westmorland Road On July 29, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 20, 2013 meeting. City of saint John Rick Turner was in attendance at the meeting on behalf of the applicant, Saint John Energy, and was in favour of staff's recommendation. No one else appeared before the Committee to speak in favour or against the application, and no letters were received. After considering the report and comments made by the applicant, the Committee recommended approval of the rezoning of the property from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone 28. RECOMMENDATION: That Common Council amend the City of Saint John Zoning By -law by: 1. Adding the following to the list of zones in Section 30(1): "special zone SZ -28" 2. Adding the following as Section 740 (28): "Special Zone ##28 (SZ -28) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: — an access road for an electrical substation; — all uses permitted in Section 120(1)(a); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: -2- — all uses permitted in Section 120(1)(b); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #28 shall be as set out in Section 120(2), and Section 810 to 910 where this zone shall be considered an "R" zone, an "RS" zone, or an "RS -2" zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 3137 square metres, located at 304 Westmorland Road, also identified as being a portion of PID Nos. 00415422, 55026744, 55026736, 55026728, 55026710, 55026702 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ- 28" Special Zone #28. Respectfully s Morgan ig Chair 71� Project No. 13 -168 The City of Saint Jahn DATE: TO: FROM: FOR: PREPARED BY: ody I Differ, MCI7F P Planner SUBJECT: AUGUST 16, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEE'T'ING OF AUGUST 20, 2013 REVIEWED BAY: Mark Reade, P. Eng., MCIP, RPP Senior Planner Naive of Applicant: Hughes Surveys and Consultants Inc. (on behalf of Saint John Energy) Name of Owner: Wilten Management Ltd., Bell Canada and Fernhill Cemetery Company Location: 304 Westmorland Road PID: Portion of: 415422, 55026744, 55026736, 55026728, 55026710, 55026702 and 55119648 Municipal Plan: Park and Natural Area Zoning: Existing: "RS -2" One and Two Family Suburban Residential Proposed: "SZ -28" Special Zone 28 Proposal: To rezone the subject properties to recognise an existing access road to Saint John Energy's electrical substation, while retaining the residential opportunities found in the current zone. Type of Application: Rezoning l% d SAINT JOHN P.O. Box 197 Saint john, NB Canada E2L 4L1 ' www.saingohn_ca C.P. 19,1 Saint John, N. -B. Canada E2L4L1 Saint John Energy Page 2 304 Westmorland Road August 16, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the PIanning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Tuesday, September 3, 2013. STAFF RECOMMENDATION TO COMMITTEE: That Common Council amend the City of Saint John Zoning By -law by: 1. Adding the following to the list of zones in Section 30(l): "special zone SZ -28" 2. Adding the following as Section 740(28): "Special Zone #28 (SZ -28) a) Uses Any land, building or structure may be used for the purpose of, and for no other purpose than, i) the following uses: — an access road for an electrical substation; — all uses permitted in Section 120(1)(a); ii) the following uses subject to such terms and conditions as may be imposed by the Committee: — all uses permitted in Section 120(1)(b); iii) subject to Section 830, an accessory building, structure or use, incidental to a use, building or structure permitted in this zone. b) Zone Standards Standards for development in Special Zone #28 shall be as set out in Section 120(2), and Section 810 to 910 where this zone shall be considered an "R" zone, an "RS" zone, or an "RS -2" zone, as the case may be." 3. Rezoning a parcel of land with an area of approximately 3137 square metres, located at 304 Westmorland Road, also identified as being a portion of PID Nos. 00415422, 55026744, 55026736, 55026728, 55026710, 55026702 and 55119648, from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone #28. BACKGROUND: On December 4, 2006 the property now known as 286 Westmorland Road (PID 55194203) was rezoned to "US" Utility and Service to facilitate the establishment of an electrical substation. At the time of rezoning, it was anticipated that the access to the substation from Westmorland Road would be located between civic numbers 300 and 306 Westmorland Road. As the access is considered to be part of the Saint John Energy 304 Westmorland Road Page 3 August 16, 2013 use, it was included in the area that was rezoned to "US" Utility and Service, as illustrated on the attached map of the neighbourhood. The applicant subsequently found that it was unable to use the original proposed access road because the topography presented challenges for navigation of its trucks. Consequently, the applicant developed an access off the undeveloped Sunnyside Avenue street right -of -way. However, the applicant did not obtain the necessary zoning approvals from the City to permit this alternative access route to its substation site. This oversight was brought to the applicant's attention and has resulted in the current application. INPUT FROM OTHER SOURCES: Bell Aliant has no concerns with this application. Canada Post has no concerns with this application. Infrastructure Development Service has the following comments on the proposed rezoning: An engineered site storm drainage plan must be submitted to this Department for review /approval to ensure there will be no adverse drainage effects to adjacent properties from development on the site. The City does not currently provide, nor does it plan to provide in the foreseeable future, any maintenance to the undeveloped Sunnyside Avenue right -of -way. Any travel occurring over this street would be at the Power Commission's cost, risk and expense. Inspection & Permitting Services has no concerns with this application. Rogers has been advised of this application. Saint John Energy has no concerns with this application. Saint John Fire Department has no concerns with this application. ANALYSIS: Site and Neighbourhood The subject site is an access road that runs through four separate properties located off the undeveloped Sunnyside Avenue public street right -of -way in the Park and Natural Area designation on the City's Future Land Use map. The majority of the land surrounding the substation consists of land owned by the Fernhill Cemetery Company. The access road subject to this application is zoned "RS -2" One and Two Family Suburban Residential, as is the balance of the Fernhill Cemetery property on this side of the undeveloped Sunnyside Avenue right -of -way. There is an Aliant cell tower and a Rogers Communication cell tower in the immediate area that abut the proposed access road and the Sunnyside Avenue right -of -way, respectfully. Saint John Energy- Page 4 304 Westmorland Road August 16, 2013 Proposal The applicant, Saint John Energy, is proposing to rezone the land shown as shaded on the attached site plan from "RS -2" One and Two Family Suburban Residential to "SZ -28" Special Zone 28. As mentioned in the Background section above, the property currently serves as the access road to the Saint John Energy substation, which is zoned "US" Utility and Service. The City's Zoning Bylaw requires an access road to have a zoning designation that permits the same land use as the property it services, which in this case is the use of an electrical substation. Rather than proposing rezoning of the access road to "US ", the applicant has requested that a special zone ( "SZ -28 ") be created that would also preserve the permitted uses found in the existing "RS -2" One and Two Family Suburban Residential zone. The purpose of retaining the uses found in the existing "RS -2" zone is to allow the properties to develop residential land uses in the future, should the opportunity arise. The proposed rezoning has no apparent negative impacts and can therefore be supported by staff. The applicant will be required to submit detailed plans, including an engineered site storm drainage plan, as part of the documentation for the required change -of -use permit. CONCLUSION: Rezoning the proposed access road from "RS -2" to "SZ -28" to allow- access from the undeveloped Sunnyside Avenue right -of -way, while preserving the opportunity to include future residential development on the subject properties, has no foreseeable negative impacts. Approval of the proposal is recommended. JK Project No. 13 -168 `Plan /No,'25222465Qd} lt; � rf ``\ 'J \/ � % .���•, Y/ / y % �• ., /eke' qYr'� ` %% lo WN � / l + � o� � r � � • fi %,� ... � 7--367 00f N`� / / /k•'' / ny' ! �l•. ,% 1 1� 9 1I1IJ ._ I r / `/' \`` j fit• as I I j / y I � /� `. f; ` I �f / r l �re7.s� � q�► % f ^r� /• �' `` %RLO. 00415422 �emhiff .Cemetery Company 127602 t�al. 234 M74: I -~•� / / 1 !� f /S.rPte Na. 2111432 a' �(v/ �/ + YBell Cgn4da Property ?° ,� 11 23314 1 1D 7Oi — '< % ,4� � i ;R•�, 2110- I�'� I '4� 1 .r' .`ate />s_• .e_ j 1 - IL a .._,,. Ca1NbUa Co— DMnats FdM ... Stud Sully Ve•tM fn�u� A Tpu'sf Ce -oNmts M1'iM1 WRy ner4 `j� A 9rvr•r YeiYr reynd ....._._.... S—nn la Bar FeieG II i f` 1 ' 1 �s !\ \ ! \ N, c e 0d } ey KeY Plan Da.. 359374 Vol, 1396 Pg. 97 Reg, Jan. 30, 1990 5W. 1 r Illl Saaudty l Naliand Bent I. IYiiten Management ltd. i 1 ) 0irwllpnr are N. 6. Wtd rtmutha aertred from eeaerwtkn pn N. B. / Meny (NA063 CSRS Adjurt•d VoIW) tt 2) All dieten44 are In maim , le tanvrt to Impenal eq,"Wono oN1d! by 0,3046 . 3) Arw of aanq aullined tfiva �� pedpheral infartnafian aamplled From +o6ouo ewrtet 4) All daaument and Plan referent. refer Io hipil Dfftce fan 5aN1 Jahn County S) Plaltl euWey completed an 8) All wmputtlianr pertermed and toerdil,.W, n-n on Nh plan are bated an New eranafIll Steroo9raphk Dwelt Pra ettlan, and the NA063(CSRS) Eiriptdd at nolirec by' Sarviee New �nms+tol Ad)uet•d coerdinete Bunny manumante s\ \ os 7 386 N. e Road xI Plan Of Survey Requirements for Right Of Way crossing Wilten Management Ltd. Property , City of Saint John , Saint John County , New Brunswick . C.rtlned Correct HVOR68 9U RVTY$ de CONSULTANTIS Ill 5. �•eyea ny Aug. 23, 2010 ale N,• &unereltt Lana Surveyor 20 0 20 40 6o 60 1;1000 v 1` Va.;�718733f1 v, �s !\ \ ! \ N, c e 0d } ey KeY Plan Da.. 359374 Vol, 1396 Pg. 97 Reg, Jan. 30, 1990 5W. 1 r Illl Saaudty l Naliand Bent I. IYiiten Management ltd. i 1 ) 0irwllpnr are N. 6. Wtd rtmutha aertred from eeaerwtkn pn N. B. / Meny (NA063 CSRS Adjurt•d VoIW) tt 2) All dieten44 are In maim , le tanvrt to Impenal eq,"Wono oN1d! by 0,3046 . 3) Arw of aanq aullined tfiva �� pedpheral infartnafian aamplled From +o6ouo ewrtet 4) All daaument and Plan referent. refer Io hipil Dfftce fan 5aN1 Jahn County S) Plaltl euWey completed an 8) All wmputtlianr pertermed and toerdil,.W, n-n on Nh plan are bated an New eranafIll Steroo9raphk Dwelt Pra ettlan, and the NA063(CSRS) Eiriptdd at nolirec by' Sarviee New �nms+tol Ad)uet•d coerdinete Bunny manumante s\ \ os 7 386 N. e Road xI Plan Of Survey Requirements for Right Of Way crossing Wilten Management Ltd. Property , City of Saint John , Saint John County , New Brunswick . C.rtlned Correct HVOR68 9U RVTY$ de CONSULTANTIS Ill 5. �•eyea ny Aug. 23, 2010 ale N,• &unereltt Lana Surveyor 20 0 20 40 6o 60 1;1000 Sof'PlaO No, 25222455 7 367 F r I / `\; r• �' \� .er'• 157 00 / J Er I ��`\,. _ ' / •�Q��C�, bd� , • � '"�;Sf � / � , � �'f .d i % 11 : .�i,' ` �l Key ..Plan .. .. , .. . swa •� : t�.000• d / iii $' + I % i Registration Data oe. D 2334-e4ic Bell Nlenk Rpiandl CDmmanketbne Ino. .\: 1 /r R.W. Jan. te, 2007 Bell Canodo 'i �� I/ •; .� / �' /,i .l ^•f',pa� \ ` �� /�r\ __ No'es Man'.. ne an N. B. 3 Adjusted tlerived eram otnenalkn an N, B. Mons. (NUJes esaps Adjueld vemee) / •` f % i +' �'rq. °� q / j�,�i /. ^, / 2) NI 0 4— Ors in metre , to eonart to hraWW e00wlenta d�vae •1 f }, + I +, I > , J 3 } Frea of survey a K.up thus �.a DefiDAaral fn/ermotian J J d! \ !.• . comptkd from wrteue aeuroes . 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Ir1.4m Pod ,ip,b" ,, ,, , •�� 1, j \ i Cty o i f Saint Jon , Ohl Saint John County , New Brunswick . g_��_ ...•..�..� \ ,, ,� Grtdbd Correct HUGHES SURVEYS & CCNBULTANT9 INC. • .. �! a ® _._ . . `__ ._ _... . '• ken . . fj� n,rmarR T . d . at .� • • - /i' _• •'''� ..� t1 g z' I S.'".d by Aug. 77. 2;0a1t0 Col. a [r O= r st.0" saw uk. Ks. 04' -a e delaesnt ray tae New Brvnswa4 Land mDAalsd Ce- wdnwl. eWN i '•,i No. 20 0 20 40 8o 80 wit, FA / •• \\ ; r 1:1000 i -..- _•••••' I �n+n1y+4 •.y ae,k.r Farad mt s J / f0 melee e -- sa.lia ■.... .Bar Farad ' i Ory. 'b. Disk NO. dpo4 4 a k n _ ...... ... T4wvl,. Canrai PeW ( . "' Dwn, by eh o. Rer. Ne, Map Ref. ran __.._....... rardaan B.E.S. W -402 -R 0/08-TI /4r• �, ., .'' 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Orld tlmutho Berl ed tram ooe Mon en N. ted & ton's, (NAPS] CSn$ Aajue Vo1WS) 2) All dleteneee ­ in metres , to convert to imperial eautw4ata dfulde lty 0.3049 . 3) Area of ­g outfned thus d-�O peripheral Inrarmet'ton apmpilsd fro m wrFCus seuraos . 4 i All document and plan referenees refer to Registry afffce for Soint John County S) role survey OomplNed an 6 J All v=putatfans performed and PooMinatee alroxn an this plon on cased an Nor Brun k Steiepgrophla 0.0te, Pro�I'eect'" anal the NAD$3(CSRSj Ellipsoid as r ?prod by Service New Brunseiak Adjusted aaerdinate survey manumente f Plan Of Survey Requirements for Right Of Way crossing Fernhiii Cemetery Company Property , City of Saint John , Saint John County , New Brunswick . Earthed Connect MUG7TES SURVEYS es CONSULTANTS INC. Surveyed by N, a. 23, 2010 Dote Nor Brume',a+ Land Su•voyor 20 0 20 40 60 no I:tCOD metros e9. Np. 't" Na, arse Clip 50940 C 0 Own, 01' ah No. Rev. aP B.E.S. vg -402 -R G p6 -T4 B,SE WK 1 4, Planning Advisory Committee August 21, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John. New Brunswick Canada E2L 4L1 SUBJECT: Proposed Rezoning - 2240 Red Head Road On June 24, 2013 Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its August 20, 2013 meeting. r-11`n City of Saint John Mr. Richard Turner of Hughes Surveys and Consultants, representing the applicant, appeared before the Committee and was in agreement with the staff recommendation. He responded to questions from the Committee with regards to traffic, the location and impact of the sign and the condition imposed on the approval of the Canaport LNG project which required an alternative site access for emergency purposes. He responded that approximately 30 cars utilize the access road on a daily basis and that during periods of tank maintenance and construction additional truck traffic will come through the 2240 Red Head Road Access. He advocated that the location of the sign and road was ideal as it is the only location which does not front directly on an adjacent residential property and that the applicant has reached out to adjacent property owners and offered to plant trees to help mitigate the impact of the sign. He also stated that the condition requiring the access road was for a secondary access that could be used for emergency access and was not limited to only emergency access purposes. Theresa Debly, a member of the Canaport Community Environmental Liaison Committee, appeared before the Committee to speak against the rezoning application. She presented minutes from Liaison Committee meetings, in which the subject access road was referred to as an emergency access road. She argued that the road should not be used as a primary access road as it had been communicated to community members that it was an emergency access road only. Cheryl Armstrong of 2257 Red Head Road appeared before the Committee to speak against the rezoning application. She expressed concerns about the impact of the sign and access road on the view from her property and indicated that the sign should be located further back from the road. She also expressed opposition to the rezoning of PID 00337022, stating that it was unnecessary as the subject access road and freestanding sign are located on PID Nos. 55050892 and a portion of PID 55183800. -2- The Planning Advisory Committee discussed the application at length and expressed concerns regarding any current and future impacts of the access road and sign, additional uses that would be permitted if the rezoning were to be approved, whether a second primary access road was permitted under the conditions of the environmental impact assessment and gaps that should be addressed in the Zoning By -Law with regards to quantitative standards for the illumination of signs and the differentiation between emergency and primary access roads. Staff responded to questions from the Committee related to the impact of the sign, uses that would be permitted by the proposed rezoning, the condition imposed on the Canaport LNG project requiring the subject access road and Zoning By -Law standards for the illumination of signage and the differentiation between emergency and primary access roads. No one else appeared before the Committee to speak in favour or against the application, and no letters were received. After considering the report, letters and presentations, the Committee adopted four separate motions: The Committee adopted a motion recommending that Common Council approve the rezoning application subject to the condition that the use of the property be limited to an access road, a freestanding sign and a gatehouse. The Committee adopted a motion that Common Council request that the City Manager direct staff to review quantitative standards for the illumination of signs as part of the Zoning By-Law review process. The Committee adopted a motion that Common Council request that the City Manager direct staff to review zoning standards for emergency and primary access roads as part of the Zoning By -Law review process. The Committee adopted a motion that the chair of the Planning Advisory Committee is to submit a letter to the Department of Environment and Local Government notifying them of the recommended rezoning and section 39 resolution; and that the Committee had accepted the interpretation that condition 15 of the approval of the Irving Oil Limited Liquefied Natural Gas Marine Terminal and Multi- Purpose Pier Project, did not limit the alternative site access to being for only emergency access purposes. RECOMMENDATION: 1) That Common Council rezone a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022, 55050892 and a portion of PID No. 55183800, from "UM" Rural Mobile Home to "I -2" Heavy Industrial. -3- 2) That, pursuant to the provisions of Section 39 of the Community Planning Act, the development and use of the aforementioned parcel of land, shall be subject to the following condition: a) The use of the property is limited to an access road, a freestanding sign and a gatehouse. 3) That Common Council request that the City Manager direct staff to review quantitative standards for the illumination of signs as part of the Zoning By -Law review process. 4) That Common Council request that the City Manager direct staff to review zoning standards for emergency and primary access roads as part of the Zoning By -Law review process. Respectfully Icorgan L Chair JC Project No. 13 -131 NO The city of Saint John DATE: AUGUST 16, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & DEVELOPMENT SERVICES FOR: MEETING OF AUGUST 20, 2013 PREPARED BY: Jeffrey Cyr Planner REVIEWED / BY: f7i' i J �r Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Rezoning Application - 2240 Red Head Road At its June 18, 2013 meeting, the Planning Advisory Committee considered the attached report regarding an application to rezone a property at 2240 Red Head Road from "RFM" Rural Mobile Home to "1 -2" Heavy Industrial. The rezoning application is to permit a free standing sign and to allow an existing access road to Canaport at 2240 Red Head Road to remain in its present location. At the meeting, the Committee were informed that the proposed freestanding sign had been erected prior to obtaining the required approvals and that the location of the sign was not consistent with the location indicated in the proposal. After considering the report and comments made by the applicant and neighbourhood residents, the Committee adopted a motion to table the application to allow staff to gather more information on the sign with regards to design, location, potential impact on neighbouring properties; and to gather information on the access road with regards to construction, design and overall impact. On July 29, 2013, Common Council held the scheduled public hearing and voted to table the application pending a report and recommendation from the Planning Advisory Committee. The requested information was collected from the applicant, through geographic and land use analysis, site visits and discussions with neighbouring residents. The information and analysis is as follows: SAINT 101IN PO_ Box 1971 Saint john, NB Canada E2L 40 wwwsaintjohn.ca I C.P. 1971 Saint John, N.A. Canada €A 4L1 Cobalt Properties Limited 2240 Red Head Road Details of the Sign: Page 2 August 16, 2013 Location: It was initially indicated by staff that the as-built location of the sign was not consistent with the initial plan proposed by the applicant and that it would need to be determined if a variance would be required. The location of the sign was confirmed by Hughes Surveys and Consultants Inc. as being 3.27 metres from the front yard property boundary. This meets the Zoning By -Law requirement for a 3 metre front yard setback for freestanding signs in the "1 -2" Heavy Industrial Zone and does not require any additional variances. ii. Design: The sign is approximately 7 metres in height with a total sign area of 16 square metres. It will display the name of the property owner, the site and the civic address. The sign will be illuminated but does not include any digital displays. The property owner, Irving Oil Limited, has erected similar signs at other industrial facilities, office buildings and gasoline stations throughout the City. Details of the sign are attached to this report. iii. Illumination: The applicant intends on illuminating the sign to ensure the Canaport Crude Terminal entrance is visible during the evening. The sign is powered by a photocell and is intended to be illuminated at all times to provide a clear civic address for the site. The illumination will be consistent with similar Irving signs that have been erected throughout the city, including at the 2530 Red Head Road entrance to Canaport LNG. Details of the lamps used in the illumination of the sign and their design mean lumen output have been provided by the applicant and are as follows: • The Irving portion at the top — (7) F48T12, 3500 Lumens each • The rest of the sign (1)F48TI2 - 3500 Lumens, (3)F84T12 6000 Lumens, (6)F96T12 — 6800 Lumens and (2)F72T12 — 5500 Lumens iv. Landscaping: The applicant has proposed to landscape the sign to a similar standard as the entrance to Canaport LNG located at 2530 Red Head Road. The sign located at this entrance is landscaped with small shrubbery and flowers around the base of the sign. A photo of the 2530 Red Head Road entrance is attached to this report to provide a visual example of the standard of landscaping proposed for the sign at 2240 Red Head Road. Work to prepare the site for the proposed landscaping treatments has been started. V. Visual Impact: The sign is located in accordance with the required front yard setback along Red Head Road, directly across from two undeveloped lots. The closest residential properties are 80 and 60 metres from the nearest edge of the property boundary to the location of the sign. Within 150 metres there are five residential properties within view of the sign. While neighbourhood views are not directly across from the sign, each property has a peripheral view of the sign and the access road. A map showing the properties within 150 metres of the sign and access road, as well as images depicting the visual impact on neighbouring properties have been attached to this report. Cobalt Properties Limited 2240 Red Head Road Page 3 August 16, 2013 vi. Safe t : The applicant has indicated that the sign is necessary to ensure the safety of the facility and its employees. Several incidents have occurred within the past year in which emergency response vehicles had difficulty in locating the entrance to the Canaport Crude Terminal. The meeting minutes of the Canaport Community Environmental Liaison Committee (CCELC) for September and December of 2012 outline two separate incidents in which emergency response vehicles were unable to locate the 2240 Red Head Road access efficiently. The applicant has indicated that there was an additional incident in which an ambulance responding to a possible cardiac event arrived at the wrong entrance. Details of the Access Road: Requirement for the Access Road: The access road was constructed in 2007, during the construction of the Canaport LNG Terminal, as a condition of the approval of the project under the Clean Environment Act. The condition of approval required that Irving Oil Limited ensure that an alternative site access road on the Canaport property was available for emergency access prior to the operation of the facility. The utilization of this access as a primary access for the Canaport Crude Terminal should not generate any requirement for an additional emergency access road. ii. Design, Construction & Location: The access road is a 7 metre wide private road with 3.5 metre lanes of traffic traveling in each direction. The emergency access was initially a dirt road, but was upgraded and paved in 2007 to be used as a Primary Access for the Canaport Crude Terminal. Design work for the access road was completed by Crandall Engineering and is compliant with the Zoning By -Law standards for commercial access roads. The road intersects Red Head Road directly across from two undeveloped lots, at the mid -point of a gap between existing residential properties. This point of intersection reduces the line of sight evenly between the access road and five residential properties within 150 metres of the site. While the site was not properly zoned to construct an access road to an industrial facility, it is a more desirable location than the adjacent Canaport property zoned "I -2" Heavy Industrial as it mitigates the visual impact of the access road for all nearby property owners. If the access road were initially constructed on the adjacent Canaport property, approximately 85 metres southwest of its existing location, it would intersect directly across from two residential properties on Red Head Road. iii. Traffic: The 2240 Red Head Road access is primarily for construction related site access. The majority of Canaport technicians use the 2530 Red Head Road access while other employees, contractors and construction vehicles and equipment will use the 2240 Red Head Road access. The applicant estimates that 20 — 30 vehicles enter and exit through the 2240 Red Head Road access on a daily basis and parking is accommodated for up to 40 vehicles. The applicant has also indicated that during periods in which construction or tank maintenance is occurring, some larger trucks will enter the Canaport Crude Terminal from this access. Cobalt Properties Limited 2240 Red Head Road Additional Considerations: Page 4 August 16, 20I3 i. Land Use Implications of the Rezoning: The current proposal is to rezone the subject property to permit a freestanding sign and to permit an existing access road to remain in its present location; however, approving the rezoning application could also permit future industrial development on the subject site. The "I -2" Heavy Industrial zone permits a wide variety of industrial, commercial and other uses, but uses such as a bulk oil depot or warehouse, liquid natural gas processing or storage and petroleum refining would require further PAC consideration as a conditional use. Additionally, liquid natural gas processing or storage and petroleum refining are subject to a 150 metre buffer from any other zone and would require PAC approval if proposed beyond the back 40 metres of the subject site. If the Committee considers it necessary, they may also recommend conditions be imposed by Council pursuant to Section 39 of the Community Planning Act, which would be tied directly to the rezoning and registered on title. The current rezoning proposal represents a minor adjustment to the "1 -2" Heavy Industrial zoning for Canaport. Total "1 -2" Heavy Industrial lot frontage will be increased by 6.7% and the total lot area of Canaport will be expanded by only 0.06 %. Currently, no industrial activities at the Canaport site front onto Red Head Road. Given the size, scale and existing lot frontage of the Canaport site and the relatively small area proposed to be rezoned, staff have not recommended that any conditions pursuant to Section 39 of the Community Planning Act be imposed by Council. Proposed Rezonin in Context of the Adjacent Canaport Pro er PID Subject Adjacent Canaport Site Adjacent 00337022 Property Zoned "1 -2" Heavy Property Industrial Zoned RFM Lot Frontage 30m 90m 1,335m 300m Lot Depth 170m 170m 910m -- 1,800m 210m Total Lot Area 5,000 m2 15,000 m2 2,650,000 m2 62,800m2 ii. PID 00337022: The current application proposes to rezone PID's 55050892, 00337022 and a portion of PID 55183800. The access road and the entrance sign are located on PID's 55050892, 55183800, while nothing has been proposed for PID 00337022. At the June 18, 2013 meeting of the Planning Advisory Committee, questions were raised with regards to why PID 00337022 was included as part of the proposed rezoning application. It is the opinion of staff that PID 00337022 should be rezoned as this application is a minor adjustment to the existing "I -2" Heavy Industrial zoning boundary in this area. Omitting PID 00337022 from this rezoning proposal would create a small property zoned as "RFM" Rural Mobile Horne, surrounded on three boundaries by industrial zoning. The PID also would not meet the zoning standards for the "RFM" Rural Mobile Home Zone with regards to lot area and lot width. It also would not be consistent with the Municipal Plan, which seeks to limit residential development in this area to properties with a minimum 4 hectare lot area. Cobalt Properties Limited 2240 Red Head Road Summary of Analysis: Page 5 August 16, 2013 As noted in the attached report, the proposed rezoning of 2240 Red Head Road from the "RFM" Rural Mobile Home Zone to the "I -2" Heavy Industrial Zone in order to permit a freestanding sign and an access road can be supported by staff. The access road was constructed as a condition of the Provincial Government approval of the environmental impact assessment for the development of the Canaport LNG facility; while the sign is necessary to provide a civic address for the Canaport Crude Terminal to ensure the safety of the facility and employees. The location of the sign and access road mitigates the visual impact on adjacent residential property owners by maintaining a minimum distance of 60 to 80 metres from any residential properties. The sign is not directly across from any residential properties and is only visible in the peripheral views of adjacent properties. Therefore, approval of the application is recommended. STAFF RECOMMENDATION TO COMMITTEE: That Common Council rezone a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022, 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to "I -2" Heavy Industrial. JC Project No. 13 -131 Subject Site /site en question: �� PID(s) /NIP(s): 55050892, 55183800 & 00337022 Location: 2240 Chemin Red Head Road Date: June 18 Juin 2013 Scale /echelle: Not to scale /Pas a Mchelle HUGHES SURVEYORS• ENGINEERS Hughes Surveys & Consultants Inc. r J ahn Wlt.�5keet TN:I�IE'I 1111 o, ER NE Kr x: I'i0dk7aC 9 �'+� .W0.: hsyhugM.•.unp�.c Area to be Rezoned Canaport Receiving Crude Terminal Entrance May 27, 2013 Scale 1 :200n Tel4r5 40 40 F. 1 ^0 160 zaa meters NOTES 1. AERIAL PHOTOGRAPHY FLO.N IN 2012. 2. PU)PERTY LINES ',RE DEW ED FROM SNB DIGITAL PROPERTY MAPPING AND SHOULD BE CONSIDERED .,PPROX,MATE ONLY. i I � 1 LEFT SIDE WEW 1\. IRVING v wo AfTs RVMELUF r OVER ALL RETAINER: 7'J' FILLER -1/4 i, TOP V. N 1 i IR' I IR I RV I N G wimman mm mfumwm> iL�anaport �7 r: •: 0pu1lr uM �- 3.97° a GRAPHIC ELEVATION :GALE_ &1-= 7 -0- TRLt�Y RF 1✓d'7WCFW !LL W RMNI FACE H�WIED R,M BLLE "kTm vmvNfLos2w IJCL4RM•ihrnD" rr P t 7fd.'OEPTM [iHQOVE L'�/ RIGHT SIDE b7EW M $ UUMM ELM M imiag IN COLORS DESCRIPTION W� . 9310 Por1rs. Munrrr�p.07 niviur •�... r::xe nr.. aye r.. isa,+s7 .rap's twn...L„w w M..�� . •. IRVING IY 7 UPI Ll� X11 is Mop �•:Y 8.1nt.loMp, FB, 4 WMdi6vrn B. r. �� ch dw rr x Drt�s� P. I�'�IF zr•aant pova9r roI m x N N a Proposed Landscaping Standard Landscaping at the Canaport LNG Entrance Landscaping work at 2240 Red Head Road Entrance op 7 ='! + /� ` '' n'O ' {�s •.i��...`.' ki f • f, •` •;�j ! ° ♦'�1.= Y �r • L �7'� TL" .•i � %V. to b� -i��'= .�'i � � �`) ,� �� y� j►►�'�1i •L ���.�,, :h'�{��A•� ���1•� ;i: -�. �.� •fir i FAA 1► �.. !" 1 •, � •• ,� „• . i; Cy: bp t,� `1,;K « ?��S.J•I •� A �.r. �•� �i1`� \..� �ii••}� '�• �P' �' .'t��1`'_;: ti {'iT� SI► • :ht , ll t 1t` '`•'..��a ofd '. Y�r,,f•3.r1•� � : <�1 •• =i <<.i. i ^'� ~; ,•�•rK d ' )� �� t qi •5.:.. ; t . �• t!- "`� j� �� � ol � •' •_y ".� � n � � ,+ 1� � . t � ,� .•1 'may �. �1r,�..i >,;,;,�y,;• � , jai )•. t: ; c7 : ,; fit ' �.' "_1f ��A'S �•�.fA /5'1t• ±r� '�. t•,fnii��yie -�_��►�}�t� �,�- •} 'f�i' ,t.�" ��.'�•^ti�j' �l�ei`,.(_•` •� � +' •:t t�; .� �f, -; pia +• �.. r i �` i ,'�' -'d :. ;.. � . ;� � . ..,, � 7"� Y -;�." ?: 4i '•'a; �: <:t t �1 � .r,�• �''» ••� t �, ,: Z ♦ � ffry� :-,r � 1�'/ .. i!L.: "-��� . i -, - "'J'+i.'�`r,�sr.�• .''a•'`' °YL v � � �.�Rr, �l� �•'� �, }�t� •fix« � -`,�;;- - • , EMERGENCY ACCESS ROAD SIGHT C119TAN(;E rHECK PLAN SAINT _ • GRADING, DRAJNAGE • PAVING �® _ Neighbourhood Views within 150 Metres 2257 Red Head Road 2217 Red Head Road {� t, •5 2265 Red Head Road 2215 & 2175 Red Head Road i The City of salmt John DATE: JULY 12, 2013 TO: PLANNING ADVISORY COMMITTEE FROM: FOR: PREPARED BY: Jeffrey Cyr Planner COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF JULY 16, 2013 REVIEWED BY: Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: Name of Applicant: Cobalt Properties Name of Owner: Irving Oil Limited Location: 2240 Red Head Road PID: 55050892, 00337022 and a portion of 55183800 Municipal Plan: Rural Industrial Area Zoning: "RFM" Rural Mobile Home Proposal: To erect a freestanding sign Type of Application: Rezoning, tfj- SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L4L1 I www.saintjohn.ca C.P. 1971 Saint john, K -B. Canada E2L4L1 Cobalt Properties Limited Page 2 2240 Red Head Road July 12, 2013 JURISDICTION OF COMMITTEE: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By -law. The Committee recommendation will be considered by Common Council at a public hearing on Monday, July 29, 2013. STAFF RECOMMENDATION TO COMMITTEE: That common council rezone a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos. 00337022, 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Horne to "1 -2" Heavy Industrial. INPUT FROM OTHER SOURCES: Bell Aliant has been advised of this application. Infrastructure Development Service has no objections to this application. Inspection & Perinitting Services has no objections to this application. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have no objections to this application. Rogers has been advised of this application. Saint John Energy has been advised of this application. Saint John Fire Department has no objections to this application. ANALYSIS: The subject site is located at 2240 Red Head Road, at the intersection of Red Head Road and an access road connecting to the Canaport Receiving Crude Terminal. The site has a street frontage of approximately 90 metres along Red Head Road and a lot area of approximately 1.5 hectares. It is located in a rural area containing a small number of single family residential properties as well as a large industrial facility, the Canaport LNG Terminal. The subject site contains the first 150 metres of an access road connecting Canaport to Red Head Road. The access road was initially constructed between 2006 and 2008 as an emergency access. Over time the property owner determined it to be necessary to pave the road and upgrade it to a permanent access road to support the operations at Canaport. No planning approvals were obtained for the construction of this access road. The applicant submitted the present application when this apparent oversight was brought to its attention. Cobalt Properties Limited page 3 2240 Red Head Road July 12, 2013 The applicant also proposes to erect a freestanding sign at the entrance of the property. The sign will be set back 7.5 metres from both Red Head Road and the access road connecting to Canaport, as illustrated on the attached plan. The sign will be approximately 7 metres in height with a total sign area of 16 square metres. The property owner, Irving Oil Limited, has erected similar signs at other industrial facilities throughout the City. Details of the proposed sign are attached to this report. The site is on the edge of the Rural Industrial designation in the Municipal Plan and is zoned "RFM" Rural Mobile Home. The zone permits a variety of rural residential and institutional uses, but does not permit a sign with a sign area of greater than 4.8 square metres. The "RFM" Rural Mobile Home Zone also does not permit an access road to an industrial facility. The applicant has requested to have this property rezoned from the "RFM" Rural Mobile Home Zone to the "I -2" Heavy Industrial Zone to rectify the issue of zoning for the access road to Canaport and to permit the erection of the above -noted freestanding sign. The Municipal Plan recognizes the existence of a number of capital intensive heavy industrial facilities located outside of designated industrial parks and supports the rezoning and re- designation of adjacent land for Heavy Industrial uses providing it is generally compatible with the surrounding land uses. As this rezoning application is for the purpose of rectifying an existing zoning non - conformance for the aforementioned access road and to permit the erection of a freestanding sign at the entrance to an existing heavy industrial facility, the impact on the surrounding neighbourhood is considered to be minimal. The proposed sign is consistent with the provisions of the "I -2" Heavy Industrial Zone and �Aill be appropriately set back from Red Head Road. Given these observations, approval of the proposed rezoning is recommended. CONCLUSION: The application to rezone the subject property from "RFM" Rural Mobile Horne to "I -2" Heavy Industrial is consistent A ith the Municipal Plan and will have no adverse impacts on the surrounding area_ The rezoning represents a minor adjustment to the existing zone boundary and is necessary to rectify zoning non - conformance issues regarding an existing access road to the Canaport site and to permit a freestanding sign at the entrance to the property. Approval of the application is recommended. JC Project No. 13 -131 lxrr S1.00 WEW IRVING "M%oll N: - =11 OM s1 ya.1 !up Y. IRVING 3.87' MEVAVOIO Nunn SV- fw FAM =7MADDAG .=VbirrE ly .............. RlGHr SME 14EW •WIXSN3 M"s orsewnom ,R@.4*46 WING 4.0? (aussi disponible en fran ;ais; Type of Application ❑ _Municipal Plan Amendment ❑ Subdivision ❑ Similar l Compatible Use Zoning By -law Amendment ❑ variance ❑ Temporary Use ❑ Amendment to Section 39 Conditions ❑ Conditional Use ❑ Change i Re- establisbment of ❑ Zoning Confirmation Letter ❑ Letter for Liquor Licensing Non-Conforming Use Contact Information Name of Applicant Mailing Address of Applicant (with Postal Code) nA: !s t ho -E, �Z L Home Telephone Number Fax Number Work Telephone Number LSD ZQZ- �:ko E -mail f la� C � 02 V_ Name of Property Owner (if different from applicant) -,-c Mailing Address (with Postal Code) Property Information {c G, Location Read I�- cl j P(- rll Z) C-)an 2. A W ')c Civic # Street PID Existing Use of Property J�)Cj j)! +Cj o 2MCA Proposed Use of Property �i 't,P lY1f�t� CCv Existing Plan Designation of Property Proposed Plan Designation of Property Existing Zoning of Property 'R Description of Application Proposed Zoning of PropertyL Z Describe what you propose to do (attach additional pages if necessary). MAY NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing to required. (' Signature of Applicant oLk Signature of Owner Date Date this application is For Office Use Only Reviewed by Date Development Officer Information Accompanying Application: ❑ Letter of Intent ❑ Tentative Subdivision Plan ❑ Floor Plans ❑ Site Plan ❑ Building Elevations ❑ Sign Drawings ❑ Fee ❑ Other___- P.O. Box 1971 Saint John, NB Canada EA 4L1 www.saintjohn.ca C.P. 1971 Saint John. N. -B. Canada E2L 4L1 � SAINT JOHN Date: May 30, 2013 COBALT PROPERTIES LIMITED Mercantile Centre 55 Union Street Saint John, NB Canada E2L 51217 T 506.202.1000 F 506.202.1111 Description of Application Our client proposes to rezone PID's 00337022, 55050892, and a portion of 55183800 from RFM (Rural Mobile Home) to I -2 (Heavy industrial). We propose this rezoning for the purpose to erect a pylon sign on PID 55050892 as shown on attached plan. We also propose this rezoning to rectify the issue of the zoning on the access road to Canaport. The access road was originally built as an emergency access road. Initially it was a dirt road and not used as the main access road. The main access road to Canaport is now the LNG access road. Over time it became necessary for Canaport to have its own main access and at that point in time the road was built up and paved to be used on a daily basis. R F M I -2 F� • N Jr :•ti l R F -_ • • d Ii f OVERALL RETAINER:P- 4' (FILLER -11,P ) IT Top VIEW ?,Os .STFtE ET I 13' �0� 1 I 7 al -' - -- rT uPinn nixie Pwx. aids IRVING M7�TANG40IEL�pppp6D, FACE. u}�i Y51MAR IAirL3AMlnt5 APPLIED ON F]RSf SURFACE LEFT SIDE VIEW IRVING v A7.2, ELEVATION SCALE, 4318" ■ f s D" 'FIEET�` . - - -- -Z FILLERANDRETIMNE+ MT•i616AS PAINTED WHfTEIRM (1) FB1FRWrFH TfRUCNRE R6vlxlom SI FAB o-IMMBrES -MGI.E Y ,WANG CLADDING I YMALLMI CC-MNG I i" I NCI N Z; NIN I N y, METE 945E MUEI�PAINTEDBLIIE MATCHING JE I RUING BLUE MMri I� Prod,r9m Aaam+I: x IDmM►aI 209470MI f - 3 87° LEFT SIDE VIEW IRVING v A7.2, ELEVATION SCALE, 4318" ■ f s D" 'FIEET�` . - - -- -Z FILLERANDRETIMNE+ MT•i616AS PAINTED WHfTEIRM (1) FB1FRWrFH TfRUCNRE R6vlxlom SI FAB o-IMMBrES -MGI.E Y ,WANG CLADDING I YMALLMI CC-MNG a i" PAINTEDWHI'MMINCs O .�iPETAINEM FAB FROMALUM 'LNG- CD 17013.1848 I N r AA2CCqq METE 945E MUEI�PAINTEDBLIIE MATCHING I RUING BLUE MMri I� Prod,r9m Aaam+I: x IDmM►aI 209470MI ilti 130'THK RAT1dUSTAW �+ PIOMENT WHrrilo PP WM BLOCKS, VINYL GRAPHICS #PPU D ON FIRST SURFACE BACKGROUND TRANSLUCENT iN IRVING BLUE cs 1r8'VKrLATALUMI" rA NTED WNG SUUE I N MATCH WITH YRM M138 RED#sd nT{�, IRVINE BLUE6iVR 14738 4��►� 14V1 NG COLORS DESCRIPTION oil �I E - T::. "P. ''ORLd R6vlxlom Dm j -� 1 �7s'll � mCP Y ,WANG CLADDING N.3 a MMIRMHOVAM Noe cwwr. IMng A®.EL ON NEW CD 17013.1848 A6d— X1110412013 Slwp Dr■M� x METE 945E �B nt-John, N8. A4 Sisck11 9, ClhclmE *- X I� Prod,r9m Aaam+I: x IDmM►aI 209470MI 1132' OEPTH GROOVE 0' RIGHT SIDE VIEW RED#sd nT{�, IRVINE BLUE6iVR 14738 4��►� 14V1 NG COLORS DESCRIPTION oil �I E - T::. "P. ''ORLd R6vlxlom Dm j -� 1 �7s'll � mCP Nee N.3 = i B31Drer■Wy,afnain■j,gc, Nla1NY Plnmc 6n478saewo Fo: 1x14190240001 e-rria; Nle�lxi■r■d00gM.i016 Noe cwwr. IMng Nai Partleadre CD 17013.1848 A6d— X1110412013 Slwp Dr■M� x �B nt-John, N8. A4 Sisck11 9, ClhclmE *- X Dadua P. d X Prod,r9m Aaam+I: x IDmM►aI 209470MI BN1 Advertiser Name: Saint John Common Clerk Advertiser Code: S71206 Size: 4.00 x 12.50 in. Sales Rep: Doug Thomson PROPOSED ZONING BY-LAW AMENDMENT RE: 2240 REDHEAD ROAD Public Notice is hereby given that the Common Council of The City of Saint John Intends to consider amending The City of Saint John Zoning By -law at its regular meeting to be held In the Council Chamber on Monday, July 29, 2013 at 6:30 p.m., by: Rezoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos, 00337022, 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to 111.2" Heavy Industrial, as illustrated a below, REASON FOR \ "� CHANGE: To recognize an existing access road and permit an entrance sign for Canaport. The proposed amendment may be inspected by any interested person at the office of the Common Clerk, or in the office of Planning and Development, City Hall, 15 Market Square, Saint John, N.B. between the hours of 6:30 a.m. and 4:30 p.m., Monday through Friday, inclusive, holidays excepted. Written objections to the amendment may be sent to the undersigned at City Hail. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk 648.3703 PROJET DE MODIFICATION DE VARRM SUR LE ZONAGE OBJET: 2240, CHEMIN RED I HEAD Par les prdsentes, un avis public est donn6 par lequel le conseil communal de The City of Saint John indique son intention d1tudier la modification suivante 6 Parret6 sur le zonage de The City of Saint John, fors de la r6union ordinaire qui se tiendra dans la Salle du conseil le lundl 29 Juillet 2013 3 78 h 30: Rezonage dune parcelle de terrain d'une superficie d'environ 1,5 hectares, situ6e au 2240, chemin Red Head, et portant les NID 00337022, 55050892, et 6tant aussi une partie du NID 55183800, de zone rurale de malsons \ mobiles « RFM ,. �i 6 zone 7 d'industrie lourde « 1 -2 », comme le montre la carte ci- dessous. RAISON DE LA MODIFICATION: Reconnaitre une route d'accbs existante et permettre I1rection d'un enseigne S 1'entr6e de Canaport. Toute personne int6ress6e peut examiner le projet de modification au bureau du greffier communal ou au bureau de I'urbanisme et du d6veloppement 6 Ph6tel de viile situ6 au 15, Market Square, h Saint John, au Nouveau - Brunswick., entre 8 h 30 et 16 h 30 du lundi au vendredl, sauf les jours f6ri6s. Veuillez faire part de vos objections au projet de modification par 6crit 6 ]'attention du soussign6 a I'h6tel de viile. Si vous avez besoin des services en fransals pour une r6union de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal 648 -3703 Ad Number: A80731 Ad ID: 6534328 Current Hate: Jun 25 2013 03:59PM Start Date: 7/2/2013 End Date: 7/2/2013 Color: B/W Client Approval OK ❑ Corrections 0 BY -LAW NUMBER C.P.110- A LAW TO AMEND THE ZONING BY -LAW OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint John in Common Council convened, as follows: The Zoning By -law of The City of Saint John enacted on the nineteenth day of December, A.D. 2005, is amended by: 1 Amending Schedule "A ", the Zoning Map of The City of Saint John, by re- zoning a parcel of land having an area of approximately 1.5 hectares, located at 2240 Red Head Road, also identified as being PID Nos, 00337022 55050892 and a portion of PID No. 55183800, from "RFM" Rural Mobile Home to "1 -2" Heavy Industrial - all as shown on the plan attached hereto and forming part of this by -law. IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Sea] of the said City to be affixed to this by -law the * day of *, A.D. 2013 and signed by; Mayor /Maire ARRETE No C.P.110- ARRETE MODIFIANT L'ARRETE SUR LE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une rdunion du conseil communal, The City of Saint John a ddcrdtd ce qui suit : L'arretd sur le zonage de The City of Saint John, ddcrdtd le dix -neuf (19) ddcembre 2005, est modifed par : 1 La modification de ]'annexe «A >>, Plan de zonage de The City of Saint John, permettant de modifier la ddsignation pour une parcelle de terrain d'une superficie d'environ 1,5 hectares, situde au 2240, chemin Red Head, et portant les NID 00337022 ct 55050892, et dtant aussi une partie du NID 55183800, de zone rurale de maisons mobiles « RFM » a zone d'industrie lourde « I -2 >> - toutes les modifications sont indiqudes sur le plan ci joint et font partie du prdsent arretd. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le prdsent arretd le 2013, avec les signatures suivantes : Common Clerk/Greffier communal First Reading - Premiere lecture Second Reading - Deuxieme lecture Third Reading - Troisieme lecture 4,J. REPORT To COMMON COUNCIL August 23, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: rim SUBJECT: LEGISLATIVE MODERNIZATION: CITY OF SAINT JOHN POSITION PAPER In April 2013, Members of Council received an update on the Government of New Brunswick's efforts to modernize local government legislation. Common Council subsequently recommended the implementation of the internal Engagement and Feedback Plan to further support the City's position on legislative modernization. In. addition, a Common Council ad hoc committee on legislative modernization was struck, which would support the development of the City's position. The Common Council ad hoc committee on legislative modernization, supported by a City Staff Review Team, has since drafted a City of Saint John Position Paper on Legislative Modernization along with a presentation for Common Council's consideration (see attachments). As the legislative modernization conversation remains active, the Common Council ad hoc committee on legislative modernization and the City Manager will continue to update Members of Council on developments and recommendations to further refine the City's position. RECOMMENDATIONS Staff recommends that Common Council: 1. Adopt the City of Saint John's Position Paper on Legislative Modernization; 2. Direct the City Manager and Members of Council who participate in the Cities of New Brunswick Association to submit the final version of the City's Position Paper and continue to build pan- provincial collaboration; Page 2 3. Direct the Common Council ad hoc committee on legislative modernization and the City Manager to return to Common Council with any additional updates or developments linked local governance reform. Respectfully submitted, Phil Ouellette, MA Intergovernmental Affairs Coordinator Jacqueline Hamilton, MCiP, RPP Commissioner, Strategic Services atrick Woods, CGA Manager kft-1. "%, "1% � "%"% - N, [LEGISLATIVE MODERNIZATION City of Saint John Position Paper on Legislative r.lodernization: August 2013 August 2013 A. BACKGROUND The City of Saint John is encouraged by the Government of New Brunswick's vision and leadership on local governance reform. The Government of New Brunswick introduced an ambitious local governance reform agenda in December 2011, and over the past two and a half years, New Brunswickers have seen various components of the agenda successfully implemented. Over the past 20 years, New Brunswick has undertaken over 20 reports, commissions and working groups linked to local governance reform. We recognize that it is no small feat for any government to follow through on a reform agenda of this scope. The City of Saint John was very pleased to see the Government of New Brunswick respond to many of the concerns and recommendations from the City's 2012 Position Paper on Local Governance Reform. The City of Saint John has remained active throughout the current local governance reform exercise, and will continue to submit feedback in order to build a stronger local governance system for the City of Saint John, municipalities, local service districts and the Government of New Brunswick. The City of Saint John encourages all stakeholders within New Brunswick's local governance system to work collaboratively towards reforms that benefit all New Brunswickers. The Government of New Brunswick has demonstrated great leadership in their determination to introduce timely and meaningful reforms to local governments, and in turn, local governments must continue to offer perspective and feedback in order for the exercise to be successful. Leadership cannot only be defined as defending one's own interest within this legislative modernisation exercise, as all stakeholders should be prepared to accept some level of compromise in order to achieve meaningful and sustainable reform. B. VISION STATEMENT The legislative modernization dialogue in New Brunswick would be well - served by the identification and guidance of a vision statement. The use of a vision statement will ensure a consistent approach throughout the development, implementation and maintenance of new legislation. A successful outcome to the current legislative modernization process will result in new comprehensive local governance legislation that empowers local and regional decision- making, improves service delivery and accountability, all while charting a sustainable future for New Brunswick's local government eco- system. Legislative modernization is a key feature in New Brunswick's quest to improve the current local governance system, and one that should result in more autonomous and self - sufficient local City of SaintJohn Position Paper on Legislative Modernization August 2013 2 governments. In addition, the reforms should eliminate inefficiencies and outdated processes that unnecessarily complicate intergovernmental affairs between provincial and local governments. C. GENERAL FEEDBACK 1. PERMISSIVE RELATIONSHIP As indicated in the City of Saint John's 2012 Position Paper on Governance Reform, the permissive legislative approach has b received by local governments in other provincial jurisdictions Government of New Brunswick is encouraged to continue the of a permissive relationship with local governments. The perry approach will empower local governments to respond to eme local issues in a timely and effective manner. The powers granted to local governments within the permissive legislation should remain broad to ensure the ability to respond to local contexts. It is much easier to grow into broader legislation than it is to move out of narrowly defined legislation, especially when accounting for the variety in local governments in New Brunswick. 2. CLEAR SPHERES OF JURISDICTIONS The new legislation should clearly define jurisdictional responsibilities, and should prevent the ability of one level of government to become involved in the affairs of other levels of government. If issues /problems do arise, there is always the ability to develop issue - specific service level agreements to clarify roles and responsibilities. 2. FINANCIAL CAPACITY While Government of New Brunswick's current local governance reform agenda incorporates several components, it is the City of Saint John's position that a discussion on legislative responsibilities cannot be fruitful without the integration of a discussion on the fiscal relationship between provincial and local governments. It would be irresponsible for provincial and local governments to adopt a new legislative framework without a corresponding commitment from the Government of New Brunswick to ensure that the financial capacities of local governments are commensurate with their service responsibilities. New Brunswick's local governance system also requires a pan - provincial conversation on possible fiscal policy alternatives. The conversation on fiscal reform should examine all alternatives, and should open the door to new revenue sources for local governments: • Transferring a percentage of HST for use by municipalities. • Allocating a portion of fuel tax for use by municipalities. • Transferring the community funding arrangement through a tax room transfer. • Exempting additional or all municipal infrastructure from provincial property taxation. City of Saint John Position Paper on Legislative Modernization August 2013 0 Government of New Brunswick becoming more active financial partners in the delivery of urban transit systems. There remains a disconnect between accountability, service delivery and taxation, and there is a need to link taxation revenue with service responsibilities at the local level. 3. AUTONOMOUS ENTITIES The new legislation should include preventative measures to ensure that one level of government cannot download responsibilities or expectations onto another. In addition, new legislation should identify how provincial and local powers will be protected from future jurisdictional infringements and the necessary mechanisms to adjudicate such occurrences. As indicated earlier, the exercise of local governance reform should be empowering for provincial and local governments and uphold the autonomy of each level of government to manage and deliver their respective services. Local governments should be invited as equal participants in intergovernmental meetings, which have historically been limited to federal /provincial /territorial governments. 4. ENFORCEMENT CAPACITY Future legislation should afford local governments the tools necessary to enforce matters that fall within its sphere of jurisdiction. The tools found in section 190 of the current Municipalities Act are examples of what should be available to enforce matters within local government jurisdiction, including planning and land matters. There is a need to facilitate and simplify the ability to integrate enforcement between different levels of government, in order to improve the collection of fines and fees. Local governments should have the ability to remedy violations, with a variety of tools. In addition, new legislation should afford greater protection to enforcement officers at the local level. 5. POWER TO GOVERN Those powers afforded to local governments through the new legislation should prevent time - consuming discussions of jurisdictional powers on an ad hoc basis and r intergovernmental deliberations. In the identification of I local government powers, it is important not to over - extend expectations on provincial or local governments; however local government roles and responsibilities should be clear. The new legislation will be a significant change for local governments and the Government of New Brunswick, and there is a need for all parties to be prepared to uphold the terms of the legislation. For its part, the City of Saint John must maintain its unique position within the provincial legislative framework for local governments, as it is the only City in New Brunswick that was incorporated by Royal Charter prior to the creation of New Brunswick and Canada. City of Saint John Position Paper on Legislative Modernization August 2013 C. SUSTAINABLE LAND USE PLANNING New Brunswickers will benefit from provincial land use policies and regional plans that encourage sustainable development and smart growth. Planning from the local, regional and provincial levels must be integrated into a comprehensive package, along with all other matters that fall within local governments. Land use planning in New Brunswick should be governed by a bottom -up approach that enables local governments to bring forward progressive plans based on sound growth principles. In addition, th a act must clarify how the different planning strategies and regulations interact, and which ones take precedent over others. The introduction of proportional voting by population on land and planning matters in Regional Service Commissions is key to ensuring that progressive local plans build strong regional plans. New legislation should also consider the use of Tax Increment Financing as a means to encourage strategic land use planning and economic development. 7. COMPREHENSIVE The content of the legislation should be all- encompassing, bringing the many existing pieces of separate legislation into one central piece of legislation. There will undoubtedly be exceptions to this rule, but efforts should be placed on having one major reference point for matters that fall under local government_ The content of the legislation should include a major planning component, which should be well- integrated with other components of the legislation. 8. LONG -TERM PERSPECTIVE The objective of this legislative modernization exercise should be to introduce reform that is not only meaningful, but lasting. The Government of New Brunswick must ensure that its proposed reform package is decisive in responding to the current challenges within New Brunswick's local governance system. Within the current local government context, partial reform or reform components that will be discussed at a later date are no longer acceptable. Local government stakeholders are prepared for change and the current landscape is ripe for New Brunswick to enter into a new local governance era. 9. LOCAL GOVERNMENT CAPACITY It is important for all stakeholders in the current legislative modernization dialogue to acknowledge that there are considerable differences in the capacity of the S rural communities, 102 municipalities and 264 local service districts in New Brunswick. The Government of New Brunswick should not be prevented from modernizing its legislative relationship with local government because of the limited capacity of some local governments. If need be, permissive legislation should be enacted for the use of those local governments that have the capacity to utilize such authority. City of Saint John Position Paper on Legislative Modernization 4 August 2013 10. REPORTING DIRECTLY TO CITIZENS Local governments who are recipients of provincial funding should be accountable and be expected to report to the Government of New Brunswick. However, the local governance system in New Brunswick should strive to redefine the historical fiduciary relationship th at the Government of New Brunswick has had with local governments. Reform should aim to empower local governments to become masters of their own destiny, and more accurately balance financial capacity with fey■ service responsibilities. Strong and strategic financial M management at the local government level should not be a Government of New Brunswick 0 requirement, but a local government responsibility. G� The market should reward those local governments with strong and strategic financial management, and local governments should experience a greater share of rewards associated with their own growth. 11. PROCEDURAL • In general, the permissive approach should be extended to procedural matters, and afford local governments the ability to define procedural matters that best suit their communities. o The new legislation should refrain from defining when and how local governments conduct meetings. • Clarity is required on repercussions associated with breach of confidentiality. e Provincial planning requirements linked to public hearings should not restrict mandatory public notice to newspaper advertisements. * A clearer conflict of interest mechanism should be defined, and linked to appropriate guidelines, enforcement and ramifications. 12. ROLES AND RESPONSIBILITIES • The following local government roles should be defined: Senior Officers; Chief Administrative Officer; Clerk; Solicitor; Mayor; Members of Council; Deputy Mayor; Council. * The Department of Environment and Local Government is well served to continue educating all stakeholders on the roles and responsibilities found within local governments. City of SaintJohn Position Paper on Legislative Modernization August 2013 13. CONSULTATION /IMPLEMENTATION • The current consultation facilitated by the Department of Environment and Local Government could be improved by inviting resident experts /practitioners into the local governance reform exercise. • Each local government should be encouraged to undertake their own investigation to help suppor current reform conversation. * The Department of Environment and Local Government and the four municipal associations encouraged to continue educating all stakeholder reform alternatives, best practices, and innovation. The Department of Environment and Local Government is encouraged to develop training manuals and information sessions on the new terms of the legislation (for both Members of Council and administrators). D. UNRESOLVED CHALLENGES 0 There are considerable challenges in the current local governance system, and while the Government of New Brunswick's local governance reform agenda responds to many of those challenges, it is important to acknowledge that not all challenges are currently incorporated in the current pan - provincial conversation. The Government of New Brunswick and all local government stakeholders should be conscientious of the following challenges that are currently falling outside of the purview of the local governance reform exercise: 1. CITIES AGENDA As indicated in the City's 2012 Position Paper on Local Governance Reform, New Brunswick would benefit from a more strategic urban agenda, which should incorporate targeted reform in planning, economic development, service delivery, transportation, among others. Cities in New Brunswick support their neighbouring communities and indeed the continued economic strength of New Brunswick. The City of Saint John believes that urban centres must be active partners in the Province's growth strategy, but not at the expense of towns, villages and local service districts. All local governments play a role in New Brunswick's future, and should be actively involved in its development. The City of Saint John is interested in receiving greater direction and vision from the Province on the role urban municipalities will play in New Brunswick's future. City of Saint John Position Paper on Legislative Modernization August 2013 7 2. SUBURBAN NEIGHBORHOODS There is a continued need to resolve the imbalance between the financial capacity of urban centres and the ongoing growth of outlying suburban communities that are not directly taxed yet benefit from urban infrastructure, employment opportunities, recreational facilities and cultural promotion. 3. COST DRIVERS There are numerous intergovernmental cost drivers that hinder the long -term feasibility of local governments, e.g., provincial /rural designated highways, fine revenue sharing, binding arbitration, and policing standards. 4. SOCIAL ISSUES AND LOCAL GOVERNMENTS The roles and responsibilities of local governments as they relate to homelessness, affordable housing and poverty reduction remain unclear and merit a broader conversation. 5. DEFERRED INFRASTRUCTURE MAINTNANCE Canada's local government deferred infrastructure deficit has risen to over $123 billion, and requires the ongoing collaboration of all three levels of government in order to prevent continued deterioration. City of Saintlohn Position Paper on Legislative Modernization City of Saint John Position Paper on Legislative Modernization in New Brunswick Intergovernmental Affairs August 26th, 2013 Action Plan for a New Local Governance System in New Brunswick • Legislative Reform • Fiscal Reform • Service Boundary Reform Action Plan fora NewLocal Governance System in New Brunswick New Brunswick's Regional Service Commission B?Awick February 2012 W_, -;�� Brunswick December 2011 Provincial Advisory Group CNBA and Saint John Ad Hoc Committee Development of Saint John position paper Finalize Saint John position paper and submit final version wor ► : _1 PO-.. u C n u CNBA Ad Hoc 0 Committee Council Ad Hoc Committee • City Staff Review Team r Provincial Advisory Group PPP- 0 -� ::�-OC4 Aff a City Staff Review Team City Manager Common Clerk City Solicitor Strategic Services Finance and Admin. Growth and Community Dev. Transportation and Env. Building and Inspections Intergovernmental Affairs Background Council Ad Hoc Committee Mayor Mel Norton Councillor Shirley McAlary Councillor David Merrithew Councillor John MacKenzie rA GENERAL • Applaud the Government of New Brunswick for its leadership and encourages continued focus on reform • The City will continue to be proactive on local governance reform and work collaboratively with all partners • Leadership cannot only be defined by defending one's own interest, as all stakeholders should accept some level of compromise to achieve sustainable reform • City's Position Paper was developed to support the pan - provincial conversation on reform A successful outcome to the current legislative modernization process will result in new comprehensive local governance legislation that empowers local and regional decision - making, improves service delivery and accountability, all while charting a sustainable future for New Brunswick's local government eco- system PERMISSIVE RELATIONSHIP Much easier to grow into broader legislation than it is to move out of narrowly defined legislation. CLEAR SPHERES OF JURISDICTION Should prevent the ability of one level of government to become involved in the affairs of other levels of government. ENFORCEMENT CAPACITY Afford local governments the tools necessary to enforce matters that fall within its sphere of jurisdiction. FINANCIAL CAPCITY It is irresponsible for governments to adopt a new legislative framework without a corresponding commitment to ensure that the financial capacities of local governments are commensurate with their service responsibilities. Fiscal reform alternatives include: • Percentage of HST or fuel tax • Tax room transfer • Municipal exemptions under provincial property taxatior • Provincial commitment towards public transit �i _., SUSTAINABILITY LAND USE PLANNING Planning from the local, regional and provincial levels must be integrated into a comprehensive package, and should be governed by a bottom -up approach that enables local governments to bring forward progressive plans based on sound growth principles. LOCAL GOVERNMENT CAPACITY The Government of New Brunswick should not be prevented from modernizing its legislative relationship with local government because of the limited capacity of some local Vii, governments. REPORTING DIRECLTY TO CITIZENS Strong and strategic financial management at the local government level should not be a Government of New Brunswick requirement, but a local government responsibility. PROCEDURAL AUTONOMY • Permissive approach should be extended to procedural matters • Local governments to decide how to conduct meetings • Clarity associated with conflict of interest UNRESOLVED CHALLENGES 1. Cities Agenda 2. Suburban Neighborhoods 3. Cost Drivers 4. Social Issues and Local Governments 5. Deferred Infrastructure Maintenance p&-.. u CITY STAFF RECOMMENDS THAT COMMON COUNCIL: 1. Adopt Position Paper 2. Continue work Cities of New Brunswick and other partners 3. Return to Council with updates and developments P&-.. u City Solicitors Office Bureau de Pavocat municipal The city of Saint John SAINT JOHN --------- August 21, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: Re: Traffic By -Law Amendment Douglas Avenue On- Street Parking At its meeting held on June 10, 2013, Common Council resolved to "endorse Option 4 and refer the Traffic By -Law Amendments contained therein to the City Solicitor for placement in proper translated format for Council's consideration ". By report dated June 3, 2013 bearing M &C 2013 -116, staff, at Council's request, outlined five options to address on- street parking concerns on Douglas Avenue. In the end, staff recommended that Council endorse Option 4 which permits parking on the east side of Douglas Avenue except at crosswalks. Attached to this report is an amendment to the Traffic By -Law which achieves the desired results for the option endorsed by Council with respect to the on- street parking on Douglas Avenue. It is appropriate for Council to give it first and second reading. Respectfully Submitted, John L. Nugent City Solicitor Enclosure atrick Woods, CGA Manager I? O. Box 1971 Saint John, NB Canada E2L 4L1 I www.saintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E2L 4L1 A LAW TO AMEND A BY -LAW RESPECTING TRAFFIC ON STREETS IN THE CITY OF SAINT JOHN MADE UNDER THE AUTHORITY OF THE MOTOR VEHICLE ACT, 1973, AND AMENDMENTS THERETO ARRETk MODIFIANT L'ARRETk RELATIF A LA CIRCULATION DANS LES RUES DANS THE CITY OF SAINT JOHN kDICTk CONFORMkMENT A LA LOI SUR LES VkHICULES A MOTEUR (1973) ET LES 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 entitled "A By -Iaw Respecting Traffic On Streets In The City of Saint John Made Under The Authority of The Motor Vehicle Act, 1973, and Amendments Thereto ", enacted on the 19`h day of December, A.D. 2005, is hereby amended as follows: 1 Schedule R — List of Streets Excluded from Winter On- Street Parking Restriction - is amended by adding the following words under the following headings : Street Limits Douglas Ave. Brunswick Place to Bentley Street. 2 Schedule B — No Parking Anytime - is amended by deleting the following words under the following headings: Street Side Limits Douglas Ave Both Brunswick Place to a point 190 meters northerly 3 Schedule B — No Parking Anytime - is amended by adding the following words under the following headings : Street Side Limits Douglas Ave West Brunswick Place to Bentley Street Par les presentes, Parretti de The City of Saint John intitule « Arrete relatif a la circulation dans les rues dans The City of Saint John edicte conformement a la Loi sur les vehicules a moteur (1973) et les modifications afferentes », decrete le 19 decembre 2005, est modifie comme suit: 1 L'Annexe R — Liste des rues exemptes de la restriction de stationnement sur rue pendant Phivers — est modifiee par Padjonction des mots suivants sous les titres suivants : Rues Limites avenue Douglas de la Place Brunswick a la rue Bentley 2 L'Annexe B — Interdiction de Stationner en tout temps — est modifiee par la suppression des mots suivants sous les titres suivants : Rues Cote Limites avenue Douglas des deux de Ia Place Brunswick cotes a un point situe A 190 metres en direction nord 3 L'Annexe B — Liste des rues exemptes de la restriction de stationnement sur rue pendant Phivers — est modifiee par Padjonction des mots suivants sous les titres suivants : Rues Cote Limites avenue Douglas ouest de la Place Brunswick A la rue Bentley Douglas Ave East 70 metres north of avenue Douglas Brunswick Place to 137 metres north of Brunswick Place IN WITNESS WHEREOF The City of Saint John has caused the Corporate Common Seal of the said City to be affixed to this by -law the day of , A.D. 2013 signed by: Mayor /Maire est un point situe a 70 metres au nord de la Place Brunswick a un point situe a 137 metres au nord de la Place Brunswick EN FOI DE QUOI, The City of Saint John a fait apposer son sceau municipal sur le present arrdtd le 2013, avec les signatures suivantes : Common Clerk/greffiere communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - REPORT TO COMMON COUNCIL August 28, 2013 M &C2013 -180 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: SUBJECT: Safer School Zones Program BACKGROUND r Of. V91 The City of Saint John Common Council adopted a City of Saint John Traffic Calming Policy in 2012. The goal of the Policy is to reduce the speed or volume of vehicles on a street to improve the safety of other road users such as cyclists and pedestrians. Criteria to establish which streets should receive traffic calming measures and in what order form part of this policy. Every street in the City is eligible to be screened for traffic calming when such measures are identified. The Traffic Calming Policy considers a number of evaluation parameters such as classification of streets, street width, posted speed, etc. and assigns points to each circumstance. This system is the basis for setting priorities for traffic calming measures. Although a weighting value is provided to streets within 500 metres walking distance of an elementary or middle school, absent from the policy is priority consideration for demographics, social circumstances or institutional special needs. The purpose of this report is for Council to consider the adoption of a companion document "Safer School Zones" to the Traffic Calming Policy. It can be demonstrated that areas around schools, particularly elementary and middle schools, include some of the City's most vulnerable pedestrians, children. Therefore, it is appropriate that these areas be given extra consideration pertaining to traffic calming. Although the current policy does provide for the assignment of points within 500 metres of the school, it does not by default guarantee that such a street becomes eligible for traffic calming nor becomes highest priority. The proposed Safer School Zones Program would operate to ensure that streets containing schools (elementary, middle schools) would receive consideration ahead of other streets. M &C2013 -180 August 28, 2013 Page 2 Based on community feedback and understanding of the benefit of providing traffic calming focus for school children, staff believes that this is an appropriate adjustment to the Traffic Calming Policy. COMPANION /COMPLEMENTARY PROGRAM Staff proposes the development and implementation of a new initiative; the Safer School Zones Program. The scope of the Program would include all elementary and middle schools in the City. With 24 elementary and middle schools within city limits, the program is challenging without considering high schools, colleges or universities. It is also well documented, such as through Safe Kids Canada, that younger children have a higher risk of injury as pedestrians given their sight, hearing, cognitive and other skills are still developing. This Program would provide benefit to several schools within the first year of implementation. A phased plan to implement targeted and resource - intensive traffic calming measures is also proposed. Year One - Defining School Zones Defining the School Zones around all elementary and middle schools would be completed in the first year of implementation. Defining School Zones involves on- street signage and consideration within the City's Traffic By -Law. These defined zones, as detailed within the Traffic Bylaw, would allow Police to issue doubled fines for speeding in accordance with the Provincial Motor Vehicle Act. Transportation Association of Canada guidelines are used to establish the locations of the School Zones and Areas. Areas around Island View School, Bayside Middle School and Devine Mercy Catholic School would be exceptions, given their distance from streets. School Areas, as opposed to School Zones, would only be defined around these three schools given the distance of the school from the street. Signage would be installed on- street but their definition as an Area and not a Zone would prevent the ability to issue doubled fines for speeding. This Program would require a number of Traffic By -Law amendments. These amendments would be referred to the City Solicitor for Council's consideration for inclusion in the Traffic Bylaw. (See Appendix A.) Phased Five Year Plan In addition to defined school zones, staff would engage each school Principal, the Saint John Police Force (Traffic Unit) and other appropriate stakeholders to fully understand specific traffic concerns relative to each school. In consideration of the specific circumstances, measures outlined within the City's Traffic Calming Policy would be considered for implementation. 100 M &C2013 -180 August 28, 2013 Page 3 Reducing vehicle speeds and enhancing crosswalks would be a common theme near most schools. Installing 30 KM /H or 40 KM /H speed limits, electronic speed message signs, durable crosswalk markings, brighter neon crosswalk signs, raised crosswalks via use of speed humps, or pedestrian- activated signals are examples of achieving these results. Prioritization of the 24 schools is required using consultation, street classification and relative traffic volumes as criteria. The initial application of these criteria has resulted in the following priorities: School Highest Classification of Street in School Zone or Area with Concerns Proposed Year of Implementation Bayside Arterial ( Bayside Drive) 2014 Bayview Arterial (Loch Lomond Road) 2014 Prince Charles Arterial (Union Street) 2014 Centennial Collector (Millidge Avenue) 2015 Champlain Heights Collector (Champlain Drive) 2015 Forest Hills School Collector (Westmorland Road) 2015 Hazen White St. Francis Collector (Sandy Point Road) 2015 St. Rose and Barnhill* Collector (Manawagonish) 2015 Beaconsfield Collector (Fundy Drive) 2016 M. Gerald Teed Collector (Daniel Avenue) 2016 Princess Elizabeth Collector (Cranston Avenue) 2016 Samuel -de- Champlain Collector (Ragged Point Road) 2016 Havelock Local (Young/Havelock Streets) 2017 Lakewood Local (Lakeview Drive) 2017 St. John the Baptist Local (Wentworth/St. James) 2017 St. Patrick's Local (City Line) 2017 Devine Mercy Local (Clarendon Street) 2018 Loch Lomond Local (Evergreen) 2018 Lorne Local (Newman) 2018 * Schools grouped together in same project as they are beside each other This 5 -year plan may need to be modified year -to -year to align with Neighbourhood Plans resulting from P1anSJ, or other considerations not immediately apparent. FINANCIAL IMPLICATIONS Continued installation of signs for defining the School Zones and Areas in the first year of this program can be completed with available resources. The City Solicitor's Office may require resources to draft the required Traffic By -Law Amendment. The cost to complete each of the annual phases would vary and depend on the specific traffic calming measures to be implemented around each school. It is anticipated materials required for 101 M &C2013 -180 August 28, 2013 Page 4 each traffic calming project around a school would cost in the range of $40,000, the majority of these costs being associated with components such as signalized crosswalks and electronic speed message signs. One of the three proposed 2014 projects could likely be funded within current Pedestrian & Traffic Management Service budget levels but the two additional projects would require additional funding. RESOURCE REQUIREMENTS The Traffic Division of the Transportation Department has been understaffed and underfunded for a number of years. The Division has been unable to meet Council's expectations and the expectations of the greater Saint John community. Council's adoption of this Safer School Zones Program will further exacerbate this situation. Consequently, City staff will be recommending an increased allotment of resources, both human and financial, to be included as part of the 2014 Operating Budget. RECOMMENDATIONS Your City Manager recommends that 1. Common Council approve a Safer School Zones Program to be given priority within the Traffic Calming Policy; 2. Direct the City Solicitor to prepare the appropriate Traffic By -Law Amendments described in this report; 3. Direct City staff to seek the Provincial Registrar of Motor Vehicles' approval of establishing a School Zone on Loch Lomond Road; and 4. Refer resource requirements to implement this Safer School Zone Program to the annual General Fund Operating Budget approval process for consideration. Respectfully submitted, z o r✓ Timothy D. O'Reilly, P.Eng., M.Sc.E. Traffic Engineer Wm. Edwards, P. Eng. Commissioner, Transportation and Environment Services 102 R. Kevin Rice, C.E.T. Deputy Commissioner, Transportation and Environment Services J. Patrick Woods, CGA City Manager M &C2013 -180 August 28, 2013 Page 5 Appendix A • Rescind Article 23 • Replace Article 23 with the following: "School Zones shall be indicated by signs on sections of municipal streets as listed in Schedule T (School Zones)" and • Add the following municipal street sections to Schedule T (School Zones): Municipal Street Limits Bay Crescent Drive 121 metres north of Chalmers Drive to Dead End southerly Black Street Daniel Avenue to 172 metres southerly Bleury Street Sand Cove Road to 137 in northerly Centre Street Fundy Drive to Summer Street West Chalmers Drive Bay Crescent Drive to 227 metres easterly Champlain Drive 268 metres north of Creighton Avenue to 40 metres south of Sherwood Drive City Line Tower Street to Queen Street West Constance Street Valerie Street to Dead End Courtney Avenue Loch Lomond Road to 286 metres southerly Cranston Avenue Fourth Street to 223 metres north of Wellesley Avenue Daniel Avenue MacAuley Avenue to 117 metres east of Black Street Donaldson Street Black Street to 101 metres easterly Dufferin Row City Line to 82 metres southerly Durham Street 54 metres north of Newman Street to 51 metres south of Newman Street Elgin Street Newman Street to 48 metres southerly Evergreen Avenue Loch Lomond Road to Hemlock Street Fifth Street Cranston Avenue to Parks Street Fundy Drive Thomas Avenue to 40 metres west of Centre Street Glengarry Drive Westmorland Road to 341.7 metres south of Westmorland Road Havelock Street 68 metres north of Young Street to 192 metres south of Young Street Lakeview Drive Lakewood Avenue to 192 metres south of Lensdale Crescent Lensdale Crescent Lakeview Drive to Dead End Loch Lomond Road 227 metres west of Courtney Avenue to 200 metres east of Courtney Avenue Manawagonish Road 132 metres north of Catherwood Street to O'Brien Street Millidge Avenue 86 metres south of Valerie Street to 80 metres north of Valerie Street Newman Street 8 metres west of Elgin Street to 48 metres east of Durham Street Park Street Fourth Street to Dead End northerly Parks Street Extension Parks Street to 120 metres northerly Pitt Street 87 metres north of St. James Street to 57 metres south of St. James Street Princess Court Simpson Drive to Dead End Ragged Point Road Woodward Avenue to 355 metres northertly Sand Cove Road 88 metres west of Bleury Street to 174 metres east of Bleury Street 103 M &C2013 -180 August 28, 2013 Page 6 Sandy Point Road MacLaren Boulevard to 478 metres northerly Simpson Drive 241.5 metres south of Todd Street to 87.7 metres north of Todd Street Sixth Street Cranston Avenue to Dead End Summer Street West Centre Street to 143 metres easterly St. James Street Pitt Street to 79 metres west of Wentworth Street St. John Street City Line to Lancaster Street Todd Street 127.5 metres west of Simpson Drive to 37.5 metres east of Simpson Drive Union Street Crown Street to 315 metres westerly Valerie Street Millidge Avenue to Constance Street Wellesley Avenue Somerset Street to Cranston Avenue Wentworth Street 100 metres north of St. James Street to 51 metres south of St. James Street Westmorland Road 123.8 metres south of Glengarry Drive to 272 metres north of Glengarry Drive Whipple Street Fundy Drive to 100 metres easterly Young Street 151 metres east of Havelock Street to 67 metres west of Havelock Street *Loch Lomond Road near Loch Lomond School is a Provincial Highway under the authority of the New Brunswick Department of Transportation & Infrastructure. Approval from the Provincial Registrar of Motor Vehicles is required to define a school zone given its provincial highway status. This School Zone would not be defined in the City's Traffic By -Law as it would not be on a City street. 104 Planning Advisory Committee August 21, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Subdivision (Freedom Court Street Vesting) - Churchill Boulevard The Planning Advisory Committee considered the attached report at its August 20, 2013 meeting. Wallace Floyd of Vimy Estates Inc., the applicant, appeared before the Committee and was in agreement with the staff recommendation. There were no other presentations made at the meeting concerning this matter, and no letters were received from surrounding property owners. After considering the matter, the Committee resolved to adopt the staff recommendation, which is set -out below for your convenience. RECOMMENDATION: That Common Council: City of Saint John a. assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Vimy Estates Inc. Tentative Plan of Subdivision for the re- aligned Freedom Court, with respect to the vesting of the proposed public street and any required municipal services easements and public utility easements; and b. authorize the preparation and execution of one or more City/Developer Subdivision Agreements to ensure the provision of the required work and facilities, including a temporary turnaround for Freedom Court and detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate. �i Morgz x n Chair MR Project No. 13 -177 i 0 Y a 0 1 I 4 Z y RD 411762 7 crs � m n 4 Grad Ca— ordinate Values (HPN) 1 Mmy Estates Subdivision � 4y Point e Earttng a � � O a a 43 U � n O l Oo sc� =° PID 55160428 u a on N 1 W V 3 Z /W Saint John County, N.B. 47 2533145.837 736,982.784 SMS w t .Ne m�syn Eoje F ..ens / 1 / X APPROVALS: —ter' ,ru.rti• .�j,f' -9� •.; New Brunswick Housing Corporation City of Saint John Rera.lnd., of Lnt 02 -02 PID 411678 Sea Plan No. 15157738 PID 55100428 /'i ?.. q ��� • `m•:., • \i Y s . i1! po * °`fi Key Plan !.'1 Bray �esel�° same - 1:25,ODo r,i Ne+oS�HT LEGEND: Sto P SMr — Standard sunny mark., found 0 RI9 — Round n d 1r n b.v ...aer xt 6 • •10" " o / • RIBF —Round iron bar found ■ 18F — Squo. iron der f.untl Q IPP tips {sued O CALC — col ulated point F •r4 A NBCM — N.B. Cc— ord'note Monument sq,m. — S.luare metre C Ou` `i }� PIO — Parser 'den4Yier number F {eea�m street) / H�PN — Xi 9h Pr.cisian Network (publi X123 SAM. eM / l•:'. _ Tabulated reference A,N.B.LS. — Assa:iation of N.B, Land Survey.. c 5. 1 76 0J / ro 1 Af uths and Co— ordinate values refer to the NEW BRUNSWK:X GRID CO— ORD)NATE SYSTEM (HPN) Rt,S� and a derived from the tabulated New Bn;rewicY Ca— ordinate Monumwir Computation, peAormed gA0 and mues shown are baxd on the /6aC New Brune. stereo�rophie Double P.J °ctian and + / Me NAD83 (C3RS) elhPeeid. 2. Aiimuthe are rounded to the nearest 10 second,. 3. D'utances are in MIRES and am rounded to the " New Brunswick Housing Corporation -.rest RE• / th ue Lands Remainder of Lot 02 -02 ke den with by tNu plan arc bounded / See Plan N.. 15153738 5. Pr,ipheral information and adjac:nt name. were P10 55180428 City f Saint John �16d f­ -°rou. soar.., old should be verified. Y 6. AJI plane ma documents referenced are rewrded Il PID 411878 fn the Saint John County Registry Office or in the Land Titles Offae far the District of New Bmnewick. 7. Fleld survey was competed on PURPOSE Of PLAN: To treats Froedom Court (a public etrset). Muniti.al Senc�ee Eas� � Canada Mortgage and Housing Corporation Na. RD 411762 7 Tentative Plan N.B. Grad Ca— ordinate Values (HPN) TRLE DATA: Mmy Estates Subdivision Point e Earttng Noning Monument 43 2933089.043 736699',217 SMC PID 55160428 ejty of Saint Joan 45 2533144.649 7305002.976 SMS Saint John County, N.B. 47 2533145.837 736,982.784 SMS 48 2533091.529 7364971.290 SMS 250 2533145,752 7364983.795 CALC 251 2533ud3.124 73E:958.237 CALC 1959 2533580.954 7364165.325 NB CM XPN State 1:300 3863 2533373.8:'{ 7364439.811 11 CIA XIN KIERSTEAD QUIGLEY 3567 253 "_:19.057 736!556.355 NBCM HPN -ab Factor = 1.000031 L`F'J and ROBERTS Ltd. Saint John, New Brunswick J.- .iurx 25, 2013 John F. Quigley, NBLS 8297, P.Eng 3ab — 17 -°0'B Dw No. 3350 Book mD, Page DD 9 r r, a _.6 The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: AUGUST 16, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF AUGUST 20, 2013 REVIEWED BY: Stacey Forr- P, RPP Mark Reade, P. Eng., MCIP, RPP Planner l Senior Planner SUBJECT: Name of Applicant: Vimy Estates Inc. Name of Owner: City of Saint John Location: Freedom Court PID: N/A Municipal Plan: Low to Medium Density Residential Zoning: N/A Proposal: N/A Type of Application: Subdivision P-14, .. SAINT JOHN P.O. Box 1971 Saint john, NB Canada E2L4L1 I wwwsaingohn.ca � C.P. 1971 Saint John, N. -B, Canada F2L40 Vimy- Estates Inc_: Subdivision Freedom Court JURISDICTION OF COMMITTEE: Page 2 August 16, 2013 The Community Planning Act authorizes the Planning Advisory Committee to advise Common Council concerning the vesting of public streets and land for public purposes in conjunction with the subdivision of land. The Subdivision By -law authorizes the Committee to approve street names in conjunction with new subdivisions. STAFF RECOMMENDATION TO COMMITTEE: 1, That Common Council: a. assent to one or more subdivision plans, in one or more phases, in general accordance with the submitted Vimy Estates Inc. Tentative Plan of Subdivision for the re- aligned Freedom Court, with respect to the vesting of the proposed public street and any required municipal services easements and public utility easements; and b. authorize the preparation and execution of one or more City /Developer Subdivision Agreements to ensure the provision of the required work and facilities, including a temporary turnaround for Freedom Court and detailed engineering and drainage plans for the approval of the Chief City Engineer or his designate. 2. That the Planning Advisory Committee: a. approve the proposed street name of Freedom Court. INPUT FROM OTHER SOURCES: Bell Aliant have been advised of this application. Infrastructure Development Service does not object to the re- subdividing of Freedom Court but do have the following comments: • The proposed new street alignment and new piped infrastructure (water, sanitary and storm) must be engineered by the developer's engineering consultant and submitted by the developer's engineering consultant to the City for review /approval. • Freedom Court has a water main loop from Freedom Court to Hydro Place. The looping will no longer be required but will require valving and the installation of a fire hydrant at this dead - ended watermain location (Hydro Place). This work would be the responsibility of the developer. Vimy Estates Inc.: Subdivision Freedom Court Page 3 August 16, 2013 ■ Operations have noted that there is a lot of storm water that gets into the existing sanitary sewers at these locations. Abandoning these pipes will reduce the flows to the sanitary sewers; however, the developer's design will have to account for the Ioss of this "collection" system and prepare a design with storm water management. New development cannot utilize sanitary sewers for storm water. • The developer's engineering consultant must provide a detailed storm water management plan/report indicating how storm water collection and disposal will be handled; • The submission for this proposal includes adjacent to this site, an existing NB Power easement. Representatives from NB Power should provide comment on this easement. • The proposed site plan includes an existing Enbridge Gas line — this should be commented on by EGNB as this alignment may not be correct. Maritimes & Northeast Pipeline, Enbridge Gas, and Brunswick Pipeline have advised this area is all clear. Real Estate Services have advised they support this application. Rogers have been advised of this application. Saint John Energy have been advised of this application. BACKGROUND: On June 19, 2012, Elias Management Group Inc. (EMG) received approval from the Planning Advisory Committee for variances to develop a four - storey, mixed- income senior's apartment building, containing a total of 62 one and two bedroom units. The proposal anticipated the closure of the two existing public streets, Vimy Court and Freedom Court, and proposed a private driveway access from Churchill Boulevard using the existing public street entrances. This area is in an Intensification Area and directly across the street from the proposed YMCA -YWCA. The City had concerns with the proposal to close and sell a potential future through access from this site to the adjacent neighbourhoods, particularly given this area's historic isolation. Through negotiations with the applicant, it was agreed that Freedom Court would remain open however it would re -open in a location that provided a safer intersect with Churchill Boulevard, and would provide a direct street access to the underground parking lot proposed for the apartment development. Vimy Estates Inc.: Subdivision Freedom Court ANALYSIS: Page 4 August 16, 2013 The Public Hearing for the closure of Freedom Court took place on June 18, 2013. First and second reading took place on July 29, 2013 and third and final reading for this road closure took place on August 12, 2013. The street is now closed and the proposed new alignment has been deemed to be satisfactory to all relevant parties. The closure and realignment of this street will have a positive impact on the ability to integrate this site with the surrounding neighbourhood, without having a negative impact on the approved development. Staff recommend that Planning Advisory Committee approve this subdivision. SF Project No. 13 -177 PLANNING AND DEVELOPMENT /URBAN ISM E ET DEVELOPPEMENT ? i GL i= T� TO z I' s } r x mT. Hydro PI Ar ,60.� Ct. pl. H - Oo'd s av F G. S t cour Barry Gt• s us '. tour Foull Gt. R- R-2 $HI PID /NIP: NIA ,n,il�iiL;PfVdtiXt"l�,f .i e sz - n „ Date: August 2, 2013 �•, L Bfrrl. xf.N4.ffN NNIfH� � ;I 1. ,.l,W �ppNY W'R ill IN W.Ifllf ii �!„M Y , I �P _ � I L 'Y } i ? i GL i= T� TO z I' s } r x mT. Hydro PI Ar ,60.� Ct. pl. H - Oo'd s av F G. S t cour Barry Gt• s us '. tour Foull Gt. R- Subject Site/site en question: 0 PID /NIP: NIA Location: EXISTING Freedom Court Date: August 2, 2013 Scale /echelle: Not to scale /Pas 5 1'echelle 0 4 I l l 1 l � 1 n I I W y O 444 o � a S a CL 0 c �r� xoZ� YJa� v iw C N S 3 Z / ]6 i N 9ofrM APPROVALS: /v'oa�69 New Brunswick Housing Corporation P.,,mamder of Lot 02 -02 See Plan No 15153738 P 551$0423 7893' 8, 9 9 �8 � CU� ` dry eed5cn I .r Pr ATeo / City of Saint John PID 411878 A�. ` ` . dh t ?a�8 Key Plan •K' 04" Scale = 1;25,000 NOM; �S,po I.MD: S SMF - `tantlord survey marker found �:ay t.' S - Standord +ur+ny marker set / i • RIBF - Round iron bar found found ','found NEW BRUN -MCK GRID CO- ORDINATE SYSTEM (RPN) "'O,-1,k Q IPF - Inners pipe CALL - Calculated paint ♦ NCCM - N.S. Co- ordinate Monument eq.m. - Squ°rt metres �. PID - Parcel identlfier number NPN - Nigh Prxlaian Network - &-7 Tabulated w- ordnate reference ' A.N.S.t,S. - tls°ciotl°n of N.B. Land Surwyore NOM; / 1. Aemuthe and Ca- ordinate vol— refer to the NEW BRUN -MCK GRID CO- ORDINATE SYSTEM (RPN) "'O,-1,k and core derived fnm the tabulated N17 en Crandinate Mnnvmenta, Computations pert —. t)6 and ca --r—te -Lace shown an based an the New Brunswick Slereagrophla Double Projection and / the NAD83 (CRS) elGpaoid. n 2. A ;ImuNa .1 e rounded to the n Greet to oMe. 3. Diatonoes are In METRES and ore rounded e to the New ' Brunswick Housing Corporation Ramaindn of Lot 02 -02 near of CENnMEf9E 4. Londe deaN Nh by thle plan are bounded Sn Plan Na. 75155738 PID 50180428 thin 5. Peripheral Information and adjacent names wen City of Saint John derived from variaue eaun M red ahauld be verified. 6, All plane and document. referenced are recorded PID 411878 in the Saint Jahn County Reatetry OfOce or in the Land Titles Ot(ae for the District of New Brunswlck, .� 7. Field eurvuy wa+ Completed on I PURPOSE OF PLAN; To Create Fnedam Court (a public Weil). Munkipm Sar'Aeee 5--OM-n' See ran W ".5W. P' up Conodo Mortgage and Housing Corporation NO. — 411769 7 c IPID N.B. Grid Co— ordinate Values (HPN) Tentative Tentative Plan Paint Eaaling Northing Monument „ilE DATA. Estates Subdivision 43 2533089.093 7364991,217 1 .10 55160428 City of Saint John 46 2533144.649 736 °002.978 47 SMS Saint John County, N.B. 2533145.837 7384962.784 48 2533x91.528 7364971.290 SMS SMS 250 2533145.782 7354983.795 CALC 251 253..'093.124 7384958.237 W.LC 1959 2533560.954 7354185.325 _aij MBCM (NPN) 251 3 7318 4 rr{'� KIERSTEAD QUIGLEY 3867 2532919,057 39 556.355 NBCM MPN) Seale FaaWr ` ''D0003, L ,J and ROBERTS Ltd, Saint John, New Brunswick Dated. j •'one 25, 2013 John F. Quigley. NBLS #297, p.Fng. Jab No. 13 -DOSS Dwg. No. 3350 Poole 170p, Page OD Planning Advisory Committee August 22, 2013 Your Worship and Councillors: P.O. Box 1971 506 658 -2800 Saint John New Brunswick Canada E2L 4L1 SUBJECT: Street Names - Glen Falls Mobile Home Park Expansion City of Saint John The Planning Advisory Committee considered the attached report at its August 20, 2013 meeting. Rick Turner of Hughes Surreys and Consultants, representing the applicant, appeared before the Committee and was in agreement ,%ith the Staff Recommendation. Heather Fleming of 321 Glen Road also appeared before the Committee in support of the application. No letters were recei-k ed from surrounding property owners. The developer has requested the street names "Rex Hurley Boulevard ", Seraphina Crescent" and "Teed Street" for the private streets in the proposed expansion area. Normally street names are approved by the Planning Advisory Committee in conjunction with a subdivision application, however in this case no subdivision is occurring. Geographic Information Systems (GIS) staff have reviewed the proposed street named and have advised they are acceptable and meet NB 9 -1 -1 guidelines. The Committee also approved the Conditional Use application for the expansion of the Mobile Home Park subject to the conditions outlined in the Staff Recommendation. RECOMMENDATION: It is recommended that Common Council amend the list of Official Street names and approve the following change: 1. Add the new names bowl Rex Hurley Boulevard, crois Seraphina Crescent, and rue Teed Street. Respectfully s b itt6d, 1vI ga igan Chair 3 MR Project No. 13 -059 Tot Lot !260 ,2 Tot Lot 720 m2+ 171 I C 14, 71 149 47 9 46 144 12 j :v 1* z 7 & ZF r,dditiorol Natural Buffer fk;13 A­ �F S ... Y Kj, T11., + 1 11 rark Arco �nclL:Iing.__l Tot L, t T __7 + Site Plan a + + + + �Glen View Pork Land -ease Community . .. . . . . . . . CRY of :.71t John, + + + Saint John County, New Brunswick. + + + + + + + + T- + + Road P 7.6 no 123 S e. t Ov 117 121 110 N J. + 112 p _7' ?urd nrive , 773 1 a , �Ci L ri 1.3 ol - e r jTrpjl - Pci-ok —7 S fk;13 A­ �F S ... Y Kj, T11., + 1 11 rark Arco �nclL:Iing.__l Tot L, t T __7 + Site Plan a + + + + �Glen View Pork Land -ease Community . .. . . . . . . . CRY of :.71t John, + + + Saint John County, New Brunswick. + + + + + + + + T- + + Road P g A_ ti r d The City of Saint John DATE: TO: FROM: FOR: PREPARED BY: AUGUST 16, 2013 PLANNING ADVISORY COMMITTEE COMMUNITY PLANNING & DEVELOPMENT SERVICE GROWTH & COMMUNITY DEVELOPMENT SERVICES MEETING OF AUGUST 20, 2013 1f/� Mark Reade, P. Eng., MCIP, RPP Senior Planner SUBJECT: REVIEWED BY: Amy Poffenr , .Eng., MBA Acting Commissioner Name of Applicant: Hughes Surveys & Consultants Inc. on behalf of 6' )2504 New Brunswick Limited Name of Owner: 632504 New Brunswick Limited Location: 220 Glen Road PID: 00300855 (portion) & 00420836 (portion) Municipal Plan: Stable Residential (within the Primary Development Area) Zoning: "RS -2" One and Two Family Suburban Residential Proposal: To expand the existing mobile home park (manufactured housing development) Type of Application: Conditional Use SAINT JOHN P.O. Box 1971 Saint John, NB Canada E21- 40 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 4LI f Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 2 220 Glen Road August 16, 2013 JURISDICTION OF COMMITTEE: The Zoning By -law authorizes the Planning Advisory Committee to impose terms and conditions upon establishment and operation of mobile home parks within the "RS -2" One and Two Family Suburban Residential zone subject to the Mobile Home Parks By -law. STAFF RECOMMENDATION TO COMMITTEE: 1. That the Committee impose the following terms and conditions on the establishment and operation of a mobile home park: (a) Detailed engineering drawings and design brief from a qualified professional engineering consultant must be submitted to the City by the developer for review and approval prior to the construction of any infrastructure to serve the expansion area. This will include a review by the Fire Department with respect to access and fire hydrant locations. (b) Water capacity and fire flow requirements must be provided by the developer's engineering consultant and included with the detailed drawing submission for the City's review and approval. This must outline the expected average and peak water consumption flows from this proposed development at full build -out and confirm that there is enough existing infrastructure capacity to support this proposed development. Any upgrading of the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. Should the developer's engineering consultant determine that a water booster pump is required to service this expansion, the water booster pump will be private and as such, will be the ovv per's responsibility to install and maintain. Any required infrastructure upgrades and the water booster pump must be constructed by the developer at the time infrastructure is extended to service the expansion area. (c) A City approved premise meter and appropriate backflow prevention is to be installed by the developer at Glen Road where the private watenmain that services the existing mobile home park and proposed expansion area connects to the municipal watermain. This infrastructure must be constructed by the developer at the time infrastructure is extended to service the expansion area. (d) The developer's engineering consultant must provide confirmation that the existing sanitary sewer is capable of receiving the anticipated peak flows from full build -out of the proposed development and that these flows do not exceed the current capacity of the existing systems (downstream sanitary sewers and Simpson Drive lift station). This confirmation must be submitted to the City for review and approval. Any upgrades to the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost and must be constructed by the developer at the time infrastructure is extended to service the expansion area. Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 3 220 Glen Road August 16, 2013 (e) The developer's engineering consultant must identify what corrective actions will be taken to reduce inflow and infiltration in the sanitary sewer system in the existing mobile home park which will result in a decrease in sanitary sewer flow. A review of inflow and infiltration must be conducted by the developer's engineering consultant to the satisfaction of the Chief City Engineer or Designate. An Inflow and Infiltration Study consisting of flow monitoring, smoke testing, and a video inspection program must be conducted on the existing sanitary sewer system of the mobile home park by the developer's engineering consultant and submitted to the City for review and approval. The flow monitoring must be conducted for a minimum period of four weeks during the fall or spring of the year, ensuring that both wet weather and dry weather flows are measured, but must not take place when the ground is frozen. Any improvements to the private sanitary sewer collection system to reduce inflow and infiltration will be the developer's responsibility and cost to complete. Required improvements to the existing sanitary sewer infrastructure in the development must be constructed by the developer at the time infrastructure is extended to service the expansion area. (f) The developer's engineering consultant must provide a detailed site storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out of the development. If any infrastructure improvements are required to service this expansion, it will be the developer's responsibility and cost to complete and must be constructed by the developer at the time infrastructure is extended to service the expansion area. (g) Construction of the roadway network in the new portion of the development must provide appropriate temporary turnaround facilities for fire apparatus if a staged or phased approach to the roadway construction is undertaken. (h) Roadways in the existing portion of the development must be upgraded to the standards outlined in the Mobile Home Parks By -Iaw within one year of approval of the conditional use. (i) The developer must prepare a plan for the dwelling sites to be constructed in the expansion area detailing driveway locations, landscaping and setbacks of the dwelling units from the limits of the individual sites. This plan must be submitted with the Expansion Permit application for the review and approval of the Building Inspector and Development Officer. (j) Standards relating to the placement and size of accessory buildings on the manufactured home sites and the size and location of additions, porches and decks onto the units must be prepared by the developer and submitted with the application for the expansion permit and be subject to the review and approval of the Building Inspector and Development Officer. (k) Plans detailing the anchorage of the dwellings against uplift be prepared and submitted with the Building Permit application for each dwelling unit. (I) The limits (corners) of each pad site shall be permanently identified with stakes or other means of identification to facilitate on -going site inspections. Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 4 220 Glen Road August 16, 2013 (m) Detailed plans must be submitted for the restoration and enhancement of the buffer area along Glen Road adjacent to the existing developed area and showing the limits of tree clearing around the periphery of the expansion area. These plans must be submitted with the application for the expansion permit by the developer and are subject to the approval of the Building Inspector and Development Officer. (n) A plan detailing the location and type of streetlights including fixture type and wattage in the existing development and expansion area be prepared by the developer and submitted to the Building Inspector for review and approval with the Expansion Permit application. (o) That detailed plans for the four park areas be prepared by the developer and submitted with the Expansion Permit application for the approval of the Building Inspector and Development Officer. The park area and tot lot in the existing portion of the development must be completed within one year of the approval of the conditional use application and the remaining three park areas in the expansion area must be completed within one year of the completion of the roadways in the expansion area. (p) As noted in the application, the roadways within the mobile home park will be private and will not receive service from the City. (q) All manufactured dwelling units at the time of placement in the development meet the current requirements of the National Building Code of Canada without requiring any modification. (r) As noted in application, the water, sanitary and storm sewer systems within the mobile home park will be private and are the responsibility of the developer to install and maintain. (s) The developer is responsible for all solid waste collection services within the mobile home park. (t) The developer is responsible for obtaining all applicable permits including Watercourse and Wetland Alteration Permits from the New Brunswick Department of Environment. (u) Unless otherwise indicated in these terms and conditions, all required studies, plans and reports must be submitted to the City for review and approval prior to the issuance of the Expansion Permit. (v) Unless otherwise indicated in these terms and conditions, all work must be completed within one year of the issuance of the Expansion Permit. 2. That the Committee recommend that Common Council approve the street names "Rex Hurley Boulevard ", "Seraphina Crescent ", and "Teed Street ". Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 5 220 Glen Road August 16, 2013 BACKGROUND: On June 18, 2013 the Planning Advisory Committee recommended that Common Council deny a Municipal Plan Amendment for the subject property to redesignate the site from Rural Resource (outside of the Primary Development Area) to Stable Residential (within the Primary Development Area). The Committee tabled the Conditional Use portion of the application, pending the decision of Common Council concerning the Municipal Plan Amendment. On July 15, 2013 Common Council gave third reading to the required Municipal Plan Amendment to redesignate the site from Rural Resource to Stable Residential. INPUT FROM OTHER SOURCES: Anglophone South School District has been advised of the application. Bell Aliant has been advised of the application. Canada Post has been advised of the application. Geographic Information Systems (GIS) advises the street names "Rex Hurley Boulevard ", "Seraphina Crescent" and "Teed Street" are acceptable. Infrastructure Development Service has the following comments regarding the proposed Municipal Plan amendment and conditional use to permit the expansion of the existing land lease community located at 220 Glen Road: Detailed engineering drawings and design brief from a qualified professional engineering consultant must be submitted to the City for review and approval. Water capacity and fire flow requirements must be verified by the developer's engineering consultant and included 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 at full build -out and confirmation that there is enough capacity to support this proposed development. This information is to be provided to the City for review and approval. Any upgrading of the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. Should the developer's engineering consultant determine that a water booster pump is required to service this expansion, the water booster pump will be private and as such, will be the owner's responsibility to install and maintain. A City approved premise meter and appropriate backflow prevention is to be installed by the developer at Glen Road where the private watermain that services the existing mobile home park and proposed expansion connects to the municipal watermain. As noted in application, the water, sanitary and storm sewer systems within the mobile home park extension will be private and are the responsibility of the developer to install and maintain. The developer's engineering consultant must ensure that the existing sanitary sewer is capable of receiving the anticipated peak flows from this proposed development at full build -out. Confirmation of this and confirmation that this proposal does not exceed the current capacity of the existing systems (sanitary sewers and Simpson Drive lift station) must be submitted to the Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 6 220 Glen Road August 16, 2013 City for review and approval. Any upgrades to the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. • Operations has noted that the existing mobile home park has a large amount of inflow and infiltration. The developer's engineering consultant must identify what corrective actions will be taken to reduce this inflow and infiltration which will result in a decrease in sanitary sewer flow. • The developer's engineering consultant must provide a detailed site storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out. If any infrastructure improvements are required to service this expansion, it will be the developer's responsibility and cost to complete. • As noted in the application, the roadways within the mobile home park extension will be private and will not receive service from the City. • On the submitted site plan, the proposed Rex Hurley Boulevard does not align with the existing private roadway connection from Purdy Drive. The proposed street intersection should be properly aligned. • The developer is responsible for all solid waste collection services within the mobile home park. • The submitted site plan indicates that this development is adjacent to a regulated wetland. Given the proximity of this development to the wetland, it would be subject to review /comments of New Brunswick Department of Environment. • A more comprehensive review of the site will be undertaken by the City once the detailed submission is provided by the developer's engineering consultant. • The developer is responsible for obtaining all applicable permits. Inspection & Permitting Services understands that the proposal comprises an expansion of the existing Park and is not a residential manufactured dwelling unit subdivision as seen in other Municipalities and provides the following comments: 1. The Building Code requires that an access route longer than 90 metres (the street appears to be about 400 metres long) have a turnaround facility for Fire Apparatus. The staged construction will have to take that requirement into consideration. 2. We have concerns about having the existing park upgraded to meet the minimum requirement as per section 8(3) of the Mobile Home Parks By -Law. 3. Any agreement or conditions applied to the permission to expand should address the ability to have accessory buildings, the requirement for permanent lot markers, the requirement that a site be suitable to anchor a home, and the matter of how the homes are to be spaced. 4. Double wide units, additions, porches, or decks should be limited in size or not allowed at all. 5. Obviously landscaping standards will have to be imposed. 6. A recreation area and street lighting should be addressed as well. Maritimes & Northeast Pipeline and Brunswick Pipeline advise this area is clear of their facilities. N.B. Department of Environment has been advised of the application. Rogers has been advised of the application. Saint John Energy has been advised of the application. Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 7 220 -Glen Road August 16, 2013 Saint John Fire Department has reviewed the proposal as it relates to the above - mentioned application. There is no objection regarding the application to amend the Municipal Plan, however the Fire Department makes note that the street network would have to adhere to the following National Building Code 2010 Standard 3.2.5.6. Access Route Design which provides that the road: a) Have a clear width not less than 6 metres; unless it can be shown that lesser widths are satisfactory. b) Have a centerline radius not Iess than 5 metres. C) Have an overhead clearance not less than 5 metres. d) Have a change in gradient not more than 1 in 12.5 over a minimum distance of 15 metres. e) Be designed to support the expected loads imposed by firefighting equipment and be surfaced with concrete, asphalt, or other material designed to permit accessibility under all climate conditions. f) Have turnaround facilities for any dead -end portion of the access route more than 90 metres long, g) Be connected with a public thoroughfare. The Saint John Fire Department reserves the right to accept any turn - around areas as defined by the developer. A site assessment will be required for the purposes of determining whether fire apparatus can turn in any of the proposed turn around areas (Cul -De -Sac). In addition to the above; the following condition shall apply with respect to the extension of water for fire suppression. • The hydrant network is installed according to the standard as adopted by the City of Saint John and all hydrants public and private be maintained per code. The Fire Department assesses the final plan with respect to appropriateness of hydrant placements. Saint John Police Force has no issues with the request. Saint John Transit has been advised of the application. Transportation & Environment Services has been advised of the application. Parks & Public Spaces service notes the proposed development is within 500 metres of a neighbourhood playground and as such there is no requirement for additional publically- supported infrastructure in the area. Staff have reviewed the application and have no objection. ANALYSIS: Conditional Use Application A mobile home park is a conditional use, subject to the Mobile Home Parks By -law, in the "RS -2" One and Two Family Suburban Residential zone. As such, it is subject to additional terms and conditions as may be deemed necessary by the Planning Advisory Committee to protect properties within the zone or in abutting zones, or the health, safety and welfare of the general public. Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 8 220 Glen Road August 16, 2013 In addition to the conditional use application, the development is subject to the standards outlined in the Mobile Home Parks By -law and would be subject to the issuance of an Expansion Permit under the By- law. From a review of the plans submitted with the application, recommended terms and conditions pertain to standards for the infrastructure to support the development and design issues related to items such as layout of the sites, proposed recreation areas and buffers. Infrastructure As is the case with the existing development, the expansion area will utilize private infrastructure that is connected to and served by the City's infrastructure network. Based on a review of the proposal, the City's Infrastructure Development Service Area has identified the following issues to be addressed in the detailed design of the development and detailed engineering drawings and design brief from a qualified professional engineering consultant must be submitted to the City for review and approval: • Water Supply - Water capacity and fire flow requirements will have to be verified at the detailed design stage and any upgrades required to the City's water system to support the development will be at the developer's expense. If the developer's assessment determines that existing water pressures are not sufficient to support the development, the developer will be responsible for constructing a private water booster pump to serve the development and will be responsible for any ongoing maintenance of this infrastructure. In addition, to protect the existing municipal water distribution network in the area, a City approved premise meter and appropriate backflow prevention device is required to be installed by the developer at the point where the private system connects to the City's water distribution network. • Sanitary Sewer— The developer's engineering consultant must confirm that the existing sanitary sewer is capable of receiving the anticipated peak flows from this proposed development at full build -out. Confirmation that this proposal does not exceed the current capacity of the existing systems (sanitary sewers and Simpson Drive lift station) must be submitted to the City for review and approval. Any upgrades to the existing municipal infrastructure required to service this expansion will be the developer's responsibility and cost. Staff also note that the existing mobile home park has a large amount of inflow and infiltration (groundwater and surface water which enters into the private sewer collection system). The developer's engineering consultant must also identify what corrective actions will be taken to reduce this inflow and infiltration which will result in a decrease in sanitary sewer flow. • Stormwater Management - The developer's engineering consultant must provide a detailed site storm water drainage plan and design report indicating how storm water collection and disposal will be handled for the full build -out. Any infrastructure improvements are required to service this expansion will be the developer's responsibility and cost to complete. • Roadways - The streets in the development will be private streets and would be built and maintained in accordance with standards established in the Mobile Home Parks By -law. Currently, the majority of roadways in the existing development do not meet the standards of the By -law in that they are not paved. The applicant has indicated paving of existing roadways will be completed in conjunction with the proposed expansion. Section 8(3)(b) of the Mobile Home Parks By -law provides for an expansion to a mobile home park to occur concurrent to the upgrading of an existing portion of a Mobile Home Park to the standards contained in the by- law. A condition is recommended to require this work to be carried out within one year of approval of the conditional use. • Private Infrastructure and Solid Waste Collection - As noted in application, the water, sanitary and storm sewer systems and roadways within the mobile home park extension will be private Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 9 220 Glen Road August 16, 2013 and are the responsibility of the developer to install and maintain. The developer is responsible for all solid waste collection services within the mobile home park. Conditions are recommended to affirm these requirements. General Design Issues In addition to the conditional use application, the development is subject to the standards outlined in the Mobile Home Parks By -law and would be subject to the issuance of an Expansion Permit under the By- law. From a review of the application staff have identified the following items which are recommended for the imposition of terms and conditions: • Location ofpad sites — Staff recommend the limits (corners) of each manufactured home site be permanently identified with stakes or other means of identification to facilitate on -going site inspections. • Buffering — The Mobile Home Parks By -law requires a 7.62 metre wide buffer around the periphery- of the park. Drawings provided by the applicant show the required buffer with a large portion of the buffer area corresponding with existing treed portions of the site, however Staff note that an existing hedge along the existing development area along Glen Road is in poor health. Given this, Staff recommend that additional detail be provided for the restoration and enhancement of the buffer area along Glen Road adjacent to the existing developed area and the limits of tree clearing around the periphery of the expansion area be provided with the application for the expansion permit and that these plans be subject to the approval of the Building Inspector. • Site Design Standards — Staff recommend that conditions applied to the permission to expand should address the following site design issues: o Placement and size of accessory buildings on the manufactured home sites and the size and location of additions, porches and decks onto the units. The applicant has indicated that the developer will be preparing standards for the development that will take the effect of a covenant. Staff recommend that these standards be prepared by the developer and submitted with the application for the expansion permit and be subject to the approval of the Building Inspector and Development Officer. o Preparation of a plan for the expansion area detailing driveway locations, landscaping and setbacks of the dwelling units from the limits of the individual sites. It is recommended that this be prepared by the developer and submitted with the Expansion Permit application for the review and approval of the Building Inspector and Development Officer. o Suitable anchorage of the manufactured homes against uplift should be addressed at the building permit stage with plans detailing the anchorage of the units to be submitted by the developer with the building permit application. o A plan detailing the location and type of streetlights including fixture type and wattage in the existing development and proposed for installation in the expansion area must be prepared by the developer and submitted to the Building Inspector for review and approval with the Expansion Permit application. o A recreation area is a requirement for the existing developed area of the park, but was not constructed by the original developer. The current developer is proposing to construct a tot lot and park area in the central portion of the existing developed area and provide three additional park areas / tot lots in the expansion area. Staff recommend that detailed plans for the four park areas be prepared and submitted with the Expansion Permit application for the approval of the Building Inspector and Development Officer. Staff also recommend a time limit on construction requiring the park area and tot lot in the Hughes Surveys & Consultants Ltd. on behalf of 632504 New Brunswick Limited Page 10 220 Glen Road August 16, 2013 existing portion of the development to be completed within one year of the approval of the conditional use application and the remaining three park areas in the expansion area to be completed within one year of the completion of the roadways in the expansion area. The applicant has proposed that only new dwelling units will be placed in the proposed expansion area and on redeveloped sites within the existing developed area. Staff recommend a condition be imposed requiring that all manufactured dwelling units at the time of placement in the development meet the current requirements of the National Building Code of Canada without requiring any modification. Street names for the roadways in the development have been proposed by the developer and reviewed by the City's GIS division. It is recommended that the Committee recommend Common Council approval of the street names "Rex Hurley Boulevard ", "Seraphina Crescent" and "Teed Street" CONCLUSION: The proposed use of the site as an expansion of the existing manufactured housing development is subject to terms and conditions as may be deemed necessary by the Planning Advisory Committee to protect properties within the zone or in abutting zones, or the health, safety and welfare of the general public. Approval of the application subject to the proposed terms and conditions is recommended. MR Project No. 13 -059 PLANNING AND DEVELOPMENT /URBANISME ET DEVELOPPEMENT ox / 0 ! -� \303% // \JrS7� ��•.r !� • •\�na =s,� �.� 177 E � • ter_ �+.� �'- ,� �� '318 � �]? ' o""' ~. r o �Z� 13372 i i r� •JCti �• .. ;y rip 550' Al/' 04E J�/ A `` 3a0 m tLbUl4(8 �,„y .I � :•(. ' j t` 1 a J r5 ;�r= . ..i7 . -�q p� � ,.`- �s0:la�1 �: ,•� ' ' �! _ Iim ,f 1 F-J 1 � � . �1i 7:j1 1 . 3030 �f .( . • j 0029e760 261. a 1000i ;so l i23! tii i 59 22 WC2,10I. 1 11 r 4? 21, .1a Subject Site /site en question: 003008555 (portion) 00420836 (portion) Location: 220 ch. Glen Road Date: May 15 mai 2013 Scale /echelle: Not to scale /Pas a 1'echelle / f L37SO4 �ry Brunawc4 1,1 -, of Tramper, v1Y APPRUALF Lltl. Prc;:erty � InlmvtrueWrc) Pro, lrty •�.' _— w. 1.,,`•o-, era . ^�1.[nae �. r. 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Properly Ow. lE4iWe Re 4IE-01 -16 9 ", +I G Z J rwewe.ra,ev,a.' - �<- o• 1.n,e.. n r. r a len 4. i ,t V P .rr r! , ,, •, �, 5325 ew 04 N B,—.;.I, + + 'r� i3S• Ltd. Prapsrt; ++ e'n. r +: ,i✓ ^y' $�a • �� r f+ +'e e + + • ;� 3a,P ,.��� I/ i /'�+ IpQ� +++ � ._;•rye 13•\ I I �.•',�\.'a' - Of Plan +dd nenol Typical Layout 130 ° �� 36 _ Brun, x cr _d Co .ordro,e a1ue; ci vl7- h Bulfar �Le�j ^:e ms ++ + + 126 R 129 . i•r� 3i\�. J. + 128 : 2127:: // f + "'• �`7]yy 121 ]o. "St +�6 `�l/, •, ,C' �evola 11 123 ° 105 !' 'Ynic°I L.. ut *.�•, a'° - 1117 :,il �. •122 1; m 10ea = 109 ate =10: f• / I ! '•�:• ? 1114 4 e 1.. 107 n + y 101 ( r r CV y.r. ....... „2 ,o — Y Site Plan + ! Glen View Park Land Lease Community + + r � /" r � —f r 1 f � ! i— j i City of e � 1 f Saint John + + ff �{ f Saint John County, Now _ I i e Brunswick. + - + + + +! �L L , — — L 1 ( reu °.aa ' CONO[tLT�NT6 — — , , + +) _ Purd Drive suxvsrc Nc. n r.,........., r,......,,., * , * + + + f r r +. w i -� =e• .vv 63 59a ,v c. 9ru nawfell (I ___ _ a" ^ ltd P rt I /• -0 ° rve�so .o So ) f- 7 =4+ + of A U-1:nq GI- Fa11e Trail, Pork 1 A'PFCA*ALS Tot '-ot M2 �TotLot 3. 'k1720 m2f -.. �. • Q CabI, F.1W "I 135 G! 4 13T Additional Natural Buffer L. C4 6'� Z 12q 7.6 ho 125 1;74 2 Ila 2 Til I r 11A 106 F 1 7 Eni777 Drive Purd �:At•rg GIC4 rol s IT 1Nil r Po 7k- + >;:or;,. A-ea includin + Tot Lot -- ---- + + -4— 1 ho + + + + /++ + + + + + + + + + + + + ++ + + + + + + + + + +' +' + + + + f + + ---good A, Pure rse f' Ple• N•W SN—ick 6,1d 1­0,9i­, .I.:, Site Plon (Glen View Park Land Loose Communit City of Saint John, Saint John County, Now Brunswick. ---- ...... ---- 15.E } STONEr` 'HAMMER' Mayor and Council GFOPARIC IF GEOPr�RC City of Saint John, c/o City Clerk Saint John, New Brunswick August 28, 2013 Ile: Stonehammer Global Geopark Dear Mayor Norton and Councillors: Following Stonehammer Geopark'.s presentation on May 27, 2013 a motion was made and duty approved to send the funding request of $25,.000 to the finance committee for consideration in due course. I want to request this consideration be given early and a decision communicated before September 30, 2013 for the following reason_ Stonehammer has a written commitment from ACOA that they will provide 1/3 matching funds for every dollar raised by Stonehammer if the commitment from the donor(s) is received before September 30, 2013. I would like to add that no monies are actually required to be received before 2o14; .however ' a 'written commitment from the City of Saint John will be sufficient to enable Stonehammer access to this ACOA 'Funding. As the majority of this potential ACOA funding will assist in preparation and execution of the 6r' International UNESCO Conference on Global Geoparks to be held in Saint John in September 2014 it will help to ensure the fiscal viability of the conference event as well as to further efforts to promote Saint John and the Geopark both nationally and internationally_ It is my understanding you will begin formative budget discussions in September and I tralst that you may be able to assist us in leveraging your own potential commitment. Ames7ca's First Global Geopark REPORT TO COMMON COUNCIL M &C2013 -191 August 28, 2013 His Worship Mayor Mel Norton and Members of Common Council Your Worship and Members of Council: The City of Saint john SUBJECT: Contract No. 2012 -30: Greenhead Road — Sanitary Lift Station "A" Replacement BACKGROUND The approved 2013 Water & Sewerage Utility Fund Capital Program includes project funding for the replacement of the existing Milford/Randolph/Greenhead (MRG) Sanitary Lift Station "A ", including design and construction management services. TENDER RESULTS Tenders for the construction of the lift station closed on August 14, 2013 with the following results: 1. Terraex Inc., Saint John, NB $242,842.65 2. Fairville Construction Ltd., Saint John, NB $292,355.86 3. Gulf Operators Ltd., Saint John, NB $314,595.39 4. Galbraith Construction Ltd., Saint John, NB $315,311.81 The Engineer's estimate for the work was $325,000. ANALYSIS The tenders were reviewed by staff and all tenders were found to be formal in all respects with the exception of the tender submitted by Terraex Inc. The tender submitted by Terraex Inc., was found to contain a mathematical error. The error was corrected in accordance with Division 2 — Instructions to Tenderers and Tendering Procedures, Section 2.1 Ls) (i) and the corrected result 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. M &C2013 -191 August 28, 2013 Page 2 FINANCIAL IMPLICATIONS The Contract includes work that is charged against the 2013 Water & Sewerage Utility 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 the Contractor and others. The analysis is as follows: Budget Project net cost Variance (surplus) $500,000.00 $393,586.75 $106,413.25 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 2012 -30: Greenhead Road — Sanitary Lift Station "A" Replacement be awarded to the low tenderer, Terraex Inc., at the tendered price of $242,842.65 (including HST) as calculated based upon estimated quantities, and further that the Mayor and Common Clerk be authorized to execute the necessary contract documents. Respectfully submitted, Le-� LJJ tothn Cam pbell, P. Eng. cipal Engineer Wm. Edwards, P. Eng. Commissioner Transportation and Environment rian Keenan, P. Eng. Engineering Manager J. Patrick Woods, CGA City Manager m N W August 22, 2013 Your Worship and z Members of Common Counci z x Re: Mobile Signage 0 At a recent meeting of Common Council a motion was adopted to remove mobile signage within the city right of way. This motion z was initiated to address real estate agent's signage that has proliferated in residential areas of the city. It has come to our attention, through City staff, that mobile signs commonly referred to as sandwich boards' will be included in a city wide sweep to remove signs. The sandwich board sign is an affordable means of advertising w for many businesses in the uptown area. Frequently this type of W signage is used by new businesses that are located off the main streets of the uptown as a way to encourage pedestrian traffic to their doors. Most sandwich board signs are branded with the graphics of the business in a professional manner. 0 Our board has discussed this issue and feel that sandwich board z signage is a necessary form of signage and advertising for our businesses. Elimination of this type of affordable advertising will send the wrong message to entrepreneurs who are trying to C) bring vitality to the uptown. The City Zoning Bylaw permits 'Mobile' (sandwich board being a mobile sign) signs in the uptown but the standards and conditions are such that few if any signs would be able to meet. Mobile signs are not permitted in Heritage Preservation Areas or O within ten feet of a street. The criteria for locating a mobile sign in the uptown needs to be changed. We encourage Council to work towards an amendment to the Zoning Bylaw that would permit mobile signs in the uptown. In the interim we would ask the mobile signs in the uptown be ._ permitted to remain in locations where sightlines are not RIJ t1; T. 506.633.9797 F. 506.652.3525 www.uptownsj.com obstructed to oncoming vehicle traffic. It is hoped that the individuals or committee tasked with this signage issue N undertake a consultative process towards the establishment of new criteria for mobile signs in the uptown area. For any issues related to the vitality of the area or the businesses and services within the area, we encourage our z engagement early in the decision making process. Thank you. Sincerely, a Alexander President m x z C-- It U) T. 506.633.9797 F. 506.652.3525 www.uptownsj.com August 28th, 2013 Deputy Mayor and Councillors Subject: Ending Board Member's Terms on the Power Commission of Saint John The Committee of the Whole, having met on August 26, 2013, made the following recommendation: RESOLVED that Committee of the Whole recommends to Common Council that the terms of Messrs. Christopher T. Titus and Bernard Desmond on the Board of Directors of The Power Commission of The City of Saint John be brought to an end effective September 3rd, 2013 and that a letter be sent by the Common Clerk to both Messrs. Titus and Desmond thanking them for their respective 16 and 13 years of continuous service Sincerely, Mel Norton Mayor l� - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 133 August 28th, 2013 Deputy Mayor and Councillors Subject: Ending Board Member's Terms on Saint John Industrial Parks The Committee of the Whole, having met on August 26, 2013, made the following recommendation: RESOLVED that Committee of the Whole recommends to Common Council that the term of Mr. Claude McKinnon on the Board of Directors of Saint John Industrial Parks Ltd. be brought to an end effective September 3rd, 2013 and that a letter be sent by the Common Clerk to Mr. MacKinnon thanking him for his 12 years of continuous service Sincerely, Mel Norton Mayor l� - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 134 August 28th, 2013 Deputy Mayor and Councillors Subject: Appointments to the Power Commission of the City of Saint John The Committee of the Whole, having met on August 26, 2013, recommended the following appointment to a commission: Power Commission of the City of Saint John: to appoint Brian Cunningham and Stephen MacMackin each for a three year term from September 3, 2013 to September 3, 2016. Sincerely, Mel Norton Mayor l� - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 135 September 3rd, 2013 Deputy Mayor and Councillors Subject: Review of ABC 6 Year Time Limit The Committee of the Whole, having met on September 3rd, 2013, made the following recommendation: RESOVLED that the Common Clerk send a letter to all ABCs reminding them of the term limits set by Council in the October 29, 2012 motion and subsequently communicated to them. The letter should also note that Council will continue its review and termination of appointments exceeding the 6 year limit, except in a case where Council judges the termination to be detrimental to the operations of the ABC. Sincerely, Mel Norton Mayor l� - SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41-1 1 wwwsaintjohn.ca I C.P. 1971 Saint John, N. -B. Canada E21- 41-1 136