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2022-01-10_Agenda Packet--Dossier de l'ordre du jour�B City of Saint John Common Council Meeting AGENDA Monday, January 10, 2022 6:00 pm Meeting Conducted by Electronic Participation 1. Call to Order 1.1. Land Acknowledgement 2. Approval of Minutes 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1. Proposed Public Hearing Date - 2626 Loch Lomond Road and 1781 Bayside Drive (Recommendation in Report) 5.2. Designation of By -Law Enforcement Officer - Chris Urquhart (Recommendation in Report) 5.3. Designation of By -Law Enforcement Officer - Desmond Wallace (Recommendation in Report) 5.4. Software Renewal - ClearRisk Services (Recommendation in Report) 5.5. Data Integration Consulting Statement of Work (Recommendation in Report) 5.6. 2022 Insurance Renewal (Recommendation in Report) 5.7. Saint John Board of Police Commissioners - 2022 Election of Officers (Recommendation: Receive for Information) 6. Members Comments 7. Proclamation Pages 5-7 8-10 11 - 13 14-40 41 - 53 54 - 58 59 - 59 8. Delegations / Presentations 8.1. Envision Saint John: The Regional Growth Agency, presentation on KPIs 60 - 72 9. Public Hearings - 6:30 p.m. 9.1. Proposed Zoning By -Law Amendment with Planning Advisory Committee report 73 - 136 recommending rezoning and Staff Presentation - 166 Leinster Street (1 stand 2nd Reading) 9.2. Proposed Zoning By -Law Amendment with Planning Advisory Committee report 137 - 262 recommending amendment and Staff Presentation - 35 Water Street (1 st and 2nd Reading) 9.3. By -Law respecting Closing of Roads, Streets or Highways - Jack Street (1st 263 - 272 and 2nd Reading) 10. Consideration of By-laws 10.1. Zoning By -Law Amendment with Section 59 Conditions - 141 Hawthorne 273 - 277 Avenue (3rd Reading) 10.2. Zoning By -Law Amendment with Section 59 Conditions - 576-578 Fundy Drive 278 - 282 (3rd Reading) 10.3. Zoning By -Law Amendment - 325 Main Street (3rd Reading) 283 - 285 10.4. By -Law respecting the Procedures of Common Council re: Public 286 - 288 Communications (3rd Reading) 11. Submissions by Council Members 11.1. National Urban Parks (Councillor Hickey) 289 - 289 11.2. Growth Plan to Increase Student Population (Councillor Ogden) 290 - 290 12. Business Matters - Municipal Officers 12.1. Saint John Transit "Transforming Transit" 291 - 308 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1. NB Coalition of Persons with Disabilities (Recommendation: Refer to City 309 - 311 Manager) K 15.2. P. Conway - Flyer Deliveries (Recommendation: Refer to City Manager) 312 - 312 15.3. W Chiasson - Flyer Deliveries (Recommendation: Refer to City Manager) 313 - 313 16. Supplemental Agenda 17. Committee of the Whole 17.1. 2019-080601P Security Information and Event Management (SIEM) 314 - 314 Agreement 18. Adjournment K City of Saint John Common Council Meeting Monday, January 10, 2022 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 68(1) of the Local Governance Act and Council / Committee will make a decision(s) in that respect in Open Session: 5:00 p.m., Meeting Conducted through Electronic Participation 1.1 Financial Matter 68(1)(c) 1.2 Financial Matter 68(1)(c) Ville de Saint John Seance du conseil communal Lundi 10 janvier 2022 18h Reunion par participation electronique Comite plenier 1. Ouverture de la seance Si vous souhaitez obtenir des services en frangais pour une seance du conseil communal, veuillez communiquer avec le bureau du greffier communal au 658-2862. Chacun des points suivants, en totalite ou en partie, peut faire I'objet d'une discussion en prive en vertu des dispositions prevues au paragraphe 68(1) de la Loi sur la gouvernance locale. Le conseil/comite prendra une ou des decisions a cet egard au cours de la seance publique : 17 h, reunion par participation electronique 1.1 Questions financieres 68(1)(c) 1.2 Questions financieres 68(1)(c) Seance ordinaire 1. Ouverture de la seance 1.1 Reconnaissance des droits territoriaux 2. Approbation du proces-verbal 3. Adoption de I'ordre du jour 4. Divulgations de conflits d'interets 5. Questions soumises a I'approbation du conseil 5.1 Date proposee pour I'audience publique — 2626 chemin Loch Lomond et 1781 promenade Bayside (recommendation clans le rapport) 5.2 Designation d'un agent de mise en application des reglements — Chris Urquhart (recommendation clans le rapport) 2 5.3 Designation d'un agent de mise en application des reglements — Desmond Wallace (recommendation clans le rapport) 5.4. Renouvellement de logiciel — ClearRisk Services (recommendation clans le rapport) 5.5. Enonce des travaux de consultation sur ('integration des donnees (recommendation clans le rapport) 5.6. Renouvellement des assurances pour 2022 (recommendation clans le rapport) 5.7. Commission de police de Saint John — Election des officiers en 2022 (Recommendation : Recevoir pour information) 6. Commentaires presentes par les membres 7. Proclamation 8. Delegations et presentations 8.1. Envision Saint John: L'Agence pour la croissance economique et regionale, presentation sur les indicateurs cles de performance (ICP) 9. Audiences publiques 9.1. Projet de modification du reglement de zonage, le rapport du Comite consultatif sur I'urbanisme recommandant la modification et presentation du personnel — 166 rue Leinster (1" et 2e lecture) 9.2. Proposition de modification de I'arrete de zonage avec le rapport du Comite consultatif d'urbanisme recommandant la modification et la presentation du personnel — 35 rue Water (1" et 2e lecture) 9.3. Reglement sur la fermeture de routes, de rues ou de voies publiques — rue Jack (1" et 2e lecture) 10. Etude des arretes municipaux 10.1. Modification du reglement de zonage, conditions de I'article 59 — 141 avenue Hawthorne (3e lecture) 10.2. Modification du reglement de zonage, conditions de I'article 59 — 576-578 promenade Fundy (3e lecture) 10.3. Modification du reglement de zonage — 325 rue Main (3e lecture) 10.4. Arrete concernant le reglement interieur du conseil communal Communications publiques (3e lecture) 3 11. Interventions des membres du conseil 11.1. Pares urbains nationaux (conseiller Hickey) 286 — 286 11.2. Plan de croissance pour augmenter la population etudiante (conseiller Ogden) 12. Affaires municipales evoquees par les fonctionnaires municipaux 12.1. Saint John Transit, « Transformation du transit » 13. Rapports deposes par les comites 14. Etude des sujets ecartes des questions soumises a I'approbation du Bureau 15. Correspondance generale 15.1. Coalition des personnes handicapees du Nouveau -Brunswick (recommendation : renvoyer au directeur municipal) 15.2. P. Conway— Livraisons de prospectus (recommendation : renvoyer au directeur municipal) 15.3. W. Chiasson — Livraisons de prospectus (recommendation : renvoyer au directeur municipal) 16.Ordre du jour supplementaire 17. Comite plenier 17.1 2019-080601P Accord sur la gestion des informations et des evenements de securite (SIEM) 18. Levee de la seance CI COMMON COUNCIL REPORT M&C No. 2022-003 Report Date January 07, 2022 Meeting Date January 10, 2022 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Proposed Public Hearing Date - 2626 Loch Lomond Road and 1781 Bayside Drive AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Jennifer Kirchner Jacqueline Hamilton I John Collin RECOMMENDATION RESOLVED That Common Council schedule the public hearings for the Zoning By- law rezoning application submitted by Hughes Surveys & Consultants Inc. for 2626 Loch Lomond Road (PIDs 00331066 and 55217285); and the rezoning and Section 59 conditions amendment application submitted by Hughes Surveys & Consultants Inc. for 1781 Bayside Drive (a portion of PID 55239131) for Monday, March 7, 2022 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. EXECUTIVE SUMMARY The purpose of this report is to advise Common Council of the Zoning By-law amendment applications and the rezoning applications received and to recommend an appropriate public hearing date. The next available public hearing date is Monday, March 7, 2022. PREVIOUS RESOLUTION At its meeting of August 3, 2004, Common Council resolved that: 1. the Commissioner of Planning and Development receive all applications for amendments to the Zoning By-law and Section 39 [now referred as section 59] resolutions/agreements and proceed to prepare the required advertisements; and 2. when applications are received a report will be prepared recommending the appropriate resolution setting the time and place for public hearings and be referred to the Planning Advisory Committee as required by the Community Planning Act. 61 -2- REPORT In response to the motion above, this report indicates the 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 ofthe documentation at the public hearing. The following applications have been received for the March 7, 2022 Public Hearing date: Name of Location Existing Proposed Zone Reason Applicant Zone Hughes 2626 Loch Neighbourhood Rural Residential To facilitate Surveys & Lomond Road Community (RR) the Consultants (PIDs Facility (CFN) development Inc. 00331066 and Rural (RU) of 3 rural and residential 55217285) properties. Name of Location Existing Proposed Zone Reason Applicant Zone Hughes 1781 Bayside Pit and Quarry Rural (RU) To facilitate a Surveys & Drive (a (PQ) boundary Consultants portion of PID adjustment Inc. 55239131) which will expand an adjacent RU lot. While the holding of public hearings for proposed Zoning By-law amendments and rezoning are a legislative requirement of the Community Planning Act, it is also a key component of a clear and consistent land development processes envisioned in the One Stop Development Shop Program. These processes provide transparency and predictability for the development community and City residents. On a broader note, the development approval process works towards fulfilling key Council priorities including: • ensuring Saint John has a competitive business environment for investment, • supporting business retention and attraction; and • driving development in accordance with PlanSJ which creates the density required for efficient infrastructure, services, and economic growth. C.1 -3- SERVICEAND FINANCIAL OUTCOMES The scheduling of the public hearing and referral to the Planning Advisory Committee satisfies the legislative and service requirements as mandated by the Community Planning Act. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS N/A ATTACHMENTS None rA COUNCIL REPORT M&C No. 2022-004 Report Date 2022-01-10 Meeting Date 2022-01-10 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Designation of By -Law Enforcement Officer — Chris Urquhart AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Marc Dionne Michael Hugenholtz John Collin RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Chris Urquhart as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law. EXECUTIVE SUMMARY The purpose of this report is to designate Chris Urquhart, Badge No. 9986 Canadian Corps of Commissionaires, as a by -Law enforcement officer, for the Saint John Parking By-law and Saint John Traffic By-law which are administered by the Parking department. In doing so, Mr. Urquhart will be authorized to: • Administer and enforce the Saint John Parking By -Law. • Administer and enforce the Saint John Traffic By -Law. PREVIOUS RESOLUTION Not applicable. REPORT It is necessary at this time to designate Chris Urquhart, a newly hired parking enforcement officer, as a by -Law enforcement officer, by adopting the attached resolution so that he may carry out his duties pertaining to enforcement of the Saint John Parking By-law and Saint John Traffic By-law. PREVIOUS RESOLUTION E:3 -2- N/A STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the attached resolution. ATTACHMENTS Resolution appointing Chris Urquhart as by-law enforcement officer. COMMON COUNCIL / CONSEIL COMMUNAL January 10, 2022 / le 10 janvier 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including By-law Respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8 (the "Saint John Parking By -Law"), A By-law Respecting the Traffic on Streets in The City of Saint John, By-law Number MV-10.1 (the "Saint John Traffic By -Law") and all amendments thereto; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; NOW THEREFORE BE IT RESOLVED, that Chris Urquhart is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Parking By -Law and Saint John Traffic By -Law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Parking department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; iK COUNCIL REPORT M&C No. 2022-005 Report Date 2022-01-10 Meeting Date 2022-01-10 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Designation of By-law Enforcement Officer — Desmond Wallace AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Marc Dionne Michael Hugenholtz John Collin RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Desmond Wallace as by-law enforcement officer for the Saint John Parking By-law and Saint John Traffic By-law. EXECUTIVE SUMMARY The purpose of this report is to designate Desmond Wallace, Badge No. 9987 Canadian Corps of Commissionaires, as a by -Law enforcement officer, for the Saint John Parking By-law and Saint John Traffic By-law which are administered by the Parking department. In doing so, Mr. Wallace will be authorized to: • Administer and enforce the Saint John Parking By -Law. • Administer and enforce the Saint John Traffic By -Law. PREVIOUS RESOLUTION Not applicable. REPORT It is necessary at this time to designate Desmond Wallace, a newly hired parking enforcement officer, as a by -Law enforcement officer, by adopting the attached resolution so that he may carry out his duties pertaining to enforcement of the Saint John Parking By-law and Saint John Traffic By-law. PREVIOUS RESOLUTION 11 -2- N/A STRATEGIC ALIGNMENT This report aligns with Council's "Growth" and "Belong" Priorities. SERVICE AND FINANCIAL OUTCOMES N/A INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel's Office has reviewed the attached resolution. ATTACHMENTS Resolution appointing Desmond Wallace as by-law enforcement officer. 12 COMMON COUNCIL / CONSEIL COMMUNAL January 10, 2022 / le 10 janvier 2022 RESOLVED, that as recommended by the City Manager, the following resolution be adopted: 1. WHEREAS the Common Council of The City of Saint John has enacted certain by- laws pursuant to the authority of the Local Governance Act, S.N.B. 2017 c.18, and amendments thereto (the "Local Governance Act"), including By-law Respecting the Regulation of Parking in The City of Saint John, By-law Number LG-8 (the "Saint John Parking By -Law"), A By-law Respecting the Traffic on Streets in The City of Saint John, By-law Number MV-10.1 (the "Saint John Traffic By -Law") and all amendments thereto; AND WHEREAS section 72 of the Local Governance Act provides that a council may appoint by-law enforcement officers for the local government and may determine their terms of office; NOW THEREFORE BE IT RESOLVED, that Desmond Wallace is hereby appointed as by-law enforcement officer with respect to the enforcement of the Saint John Parking By -Law and Saint John Traffic By -Law, effective immediately, and this appointment shall continue until he ceases to be an employee of the Parking department of The City of Saint John or until it is rescinded by Common Council, whichever comes first; 13 COUNCIL REPORT M&C No. 2022 -007 Report Date December 13, 2021 Meeting Date January 10, 2022 Service Area Public Works and Transportation Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Software Renewal - ClearRisk Services OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author(s) Commissioner/Dept. Head City Manager Kevin Loughery Michael HugenholtzI Ian Fagan John Collin RECOMMENDATION The City Manager recommends that: 1. The City exercise a three (3) year renewal extension (years 2022, 2023, and 2024), with ClearRisk Inc. for their cloud -based management information software solutions utilized by Risk Management, Fleet Management and Human Resources; and 2. The Mayor and Common Clerk be authorized to execute the necessary contract documents. EXECUTIVE SUMMARY The ClearRisk system provides a cloud -based management information software solution for Risk Management, Fleet Management and Human Resources. ClearRisk enables the direct reporting of claims, incidents, work orders, parts and maintenance billing, fuel usage, lifecycle planning, claim and incident management, Risk Management planning and a broad list of key performance indicators. The software is also utilized for data management, analytics, and insights to enhance overall business performance of the various departments. PREVIOUS RESOLUTION At the April 2, 2019 meeting of Council the following resolution was adopted: 14 -2- RESOLVED that as recommended by the City Manager in the submitted report M&C 2019-61: Software Renewal — ClearRisk, Common Council direct the Mayor and Common Clerk to execute the submitted ClearRisk renewal. And At the February 4, 2013 meeting of Council the following resolution was adopted: RESOLVED that as recommended by the City Manager in the submitted report Software Agreement for Risk Management, Council approved the purchase of Risk Management software from ClearRisk Inc., and further that the Mayor and Common Clerk be authorized to execute the agreements with ClearRisk Inc. and Saleforce.com as submitted. REPORT The City commenced using ClearRisk for its Risk Management Information System in 2013. The cloud -based software solution allows for quick and accurate reporting of claims and insurance costs, as well as Risk Management planning which lead to substantial insurance savings in 2015 of over $500,000. Risk Management also utilizes the ClearRisk online reporting tool which is accessible to public and internal staff to ensure prompt delivery, investigation, and assessment of each claim. ClearRisk enables data review and report generation, which enables effective forecasting, trend analysis and proactive risk management. The cost for the Risk Management component is $9,702.01 and forms part of the calculation of the City's overall Cost of Risk which is consistently lower than comparators in the public and private sectors. Fleet Management began developing a Fleet Management Information System in partnership with ClearRisk in 2016 following a recommendation from an MBA student project in the summer of 2016. The project looked at the cost/benefits of alternative Fleet Management Information System and concluded that if the City of Saint John were to invest in the effort to develop their own system with ClearRisk, that the solution would likely provide the best quality system at the lowest price. The cost for the Fleet Management component is $19,404.07 which includes access for other departments to run their own reports on their fleet performance and planning for fleet replacement. When the City researched several other Fleet information systems the comparable price was 2 to 3 times the cost of the ClearRisk system. Beyond Fleet's use of the system to gather work order, parts, fuel, labour and life cycle planning for the City's fleet, the ClearRisk system also allows for direct access to reports and costs of repairs for the 15 -3- different service delivery departments such as Police, Fire, Public Works and Transportation and Utilities and Infrastructure. Human Resources in conjunction with Risk Management began utilizing ClearRisk in 2018 and has incorporated the ClearRisk Incident reporting into both the internal and external process to report, track and manage reports of injury, near miss and insurance claims. Human Resources, through the Manager, Health, Safety & Wellness uses the ClearRisk software to track all internal injury reports. The tool allows for full case management records and updates with required security to ensure confidentiality of information. The cost for the Human Resource component is $4,244.63. STRATEGIC ALIGNMENT This aligns with the Council priority of Valued Service Delivery. Cloud -based management information software solutions such as ClearRisk enable value optimizing decisions and measure and report key performance indicators. Through these systems, Staff are enabled to make decisions to provide better front-line services at the lowest possible cost to citizens and customers. SERVICE AND FINANCIAL OUTCOMES The cost of the cloud -based management information software solution is included in the Risk Management, Human Resources and Fleet Management budgets. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS — SUPPLY CHAIN MANAGEMENT Staff of the Risk Management, Human Resources and Fleet Management have all contributed to this report. ATTACHMENTS 1. Original agreement with ClearRisk Inc. and Salesforce.com 2. Renewal agreement with ClearRisk Inc. t CLEARRISK CLAIMS SERVICES AGREEMENT T H IS AG R E E M E NT is made at Saint John, in the Province of New Brunswick, this day of . 2013. BETWEEN. AND: CLEAR RISK INC., a body corporate, organized and existing under the laws of the Province of Newfoundland and Labrador ("ClearRisk") of the first part The City of Saint John, a body corporate, by Royal Charter. ("Client") of the second part WHEREAS: A. ClearRisk provides a software prod uctthat manages claims and risk information ("ClearRisk Claims"); and B. ClearRisk has agreed to licence to client and Client has agreed to licence from ClearRisk pursuant to the term and conditions contained herein. WIT ESSETH that for and in consideration of the sum of one dollar ($1.00) and the respective covenants and agreements of the parties contained herein and for other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged by each of the parties), It is hereby agreed as follows: 1 Interpretation 1.1 Definitions a "Bus in ess Day" means any day other than Saturday, Sunday or a day that is a statutory holiday as observed by the City of St. John's, in the Province of Newfoundland and Labrador. b "ClearRisk" means Clear Risk Inc. c "Client" means The City of Saint John. d "ClearRisk Claims" has the meaning as set out in recital A. of this Agreement. e "Confidential Information" means any information, data, or know- how disclosed by one party (the "Discloser") to the other party (the 12 17 "Recipient"), including, but not limited to, that which relates to research, product plans, products, services, customers, markets, software, developments, inventions, processes, designs, drawings, engineering, hardware configuration information, marketing or finances. Confidential Information does not include information, technical data or know-how which: is in the possession of the Recipient at the time of disclosure as established by the Recipient's files and records immediately prior to the time of disclosure; prior or after the time of disclosure becomes part of the public knowledge or literature, not as a result of any inoctlon or action of the Recipient; or iii is approved for public release by Discloser in writing. "Discioser" has the meaning as set out in Subsection 1.1e. g "Event of ❑efa u It" has the meaning set out in Section 8.1 hereto. h "Party" means ClearRisk or Client and "Parties" ClearRisk and Client. "Policy" has the meaning as set out in Subsection 9.6a hereto. j "Protected Parties" shall have the meaning set out In Section 9.4 hereto. k "Recipient" has the meaning as set out in Subsection 1.le. 1.2 Schedules and Recitals The recitals to this Agreement are hereby incorporated into and form part of this Agreement The following Schedules are attached hereto and form part of this Agreement: Schedule "A" Salesforce.com Additional Terms Schedule "B" Pricing of ClearRisk Claims For greater certainty, Client acknowledges and agrees that the terms and conditions set forth in the attached Schedule "A" form part of this Agreement and Client agrees to be bound by those terms and conditions. Client acknowledges and agrees that the terms set out in the attached Schedule 'A' terms imposed upon ClearRisk by its suppliers and a breach by Client of the terms and conditions set forth therein could Impact and/or prevent Client from being able to amass ClearR!sk Clalms. 2 Term r4 13 18 3 2.1 Term of Agreement This Agreement comes into force as of the date hereof and has a term of three years from the date on which this Agreement comes into force unless it is renewed in accordance with the provisions of Section 2.2 hereto. 2.2 Renewal unless cancelled This Agreement shall renew for succeeding three year terms unless a Party notifies the other Party in writing of its intention not to renew this Agreement no less than thirty (30) days prior to the next renewal date. 3 Grant of License ClearRisk hereby grants to Client, subject to the terms and conditions of this Agreement (including the schedules attached hereto), a non-exclusive, non- transferable licence to use ClearRisk Claims- 4 Licence Fee Client agrees to pay the fees and other charges for ClearRisk Claims and other services provided under this Agreement as specified in Schedule 013". All amounts payable hereunder are exclusive of any and all taxes, and Client is responsible for payment of such taxes (excluding taxes based on ClearRisk's net income). All prices are stated, and Client shall pay, in Canadian dollars. Payment received by ClearRisk after the due date shall be subject to a late fee equal to one and one-half percent (1.5%) per month, or, if less, the maximum amount allowed by applicable law. At the end of the initial three year term of this Agreement and any subsequent three year terms, ClearRisk may adjust the fee payable under this Agreement by providing Client written notice of such adjustment at least sixty (60) days prior to the beginning of the new term. 5 Intellectual Property 5.1 ClearRisk Claims Subject to the limited rights expressly granted hereunder, ClearRisk reserves all rights, title and interest in and to ClearRisk Claims, including all related intellectual property rights. No rights are granted to Client hereunder other than as expressly set forth in this Agreement. ClearRisk retains all right, title and interest in and to ClearRisk Claims at all times, and regardless of the form or media in or on which the original or other copies may subsequently exist. Finally, any suggestions, ideas or inventions that Client, its employees or agents, voluntarily and optionally disclose to ClearRisk through any means will be used, or not used, by us at ClearRisk's sole discretion; and, ClearRisk will have no obligation to Client, its employees and/or agents regarding any ideas or inventions that Client, its employees and/or agent disclose through such means. 14 19 5.2 Content 4 The Parties hereto agree that Client shall retain all right. title and interest in any and all data Client provides for inclusion In the ClearRisk Claims. ClearRisk agrees that it will nut share any data it receives from Client with any other party. C Confidentiality 6.1 Use of Confidential Information It is agreed that the Confidential Information will only be used in ClearRisk Claims. The Recipient also undertakes not to use the Confidential Information or to allow its use by a third party for any personal, commercial or other purposes, or for any other reason whatsoever. 6.2 Unauthorized Disclosure The Recipient agrees not to use the Confidential Information for any purpose other than that set forth in Section 6.1 of this Agreement, The Recipient will not disclose any Confidential Information to third parties except those directors, officers, employees, consultants and agents of the Recipient who are required to have the information in order to carry out the purpose set forth in Section 6.1 of this Agreement. The Recipient agrees that it will take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information in order to prevent it from falling into the public domain or the possession of persons other than those persons authorized hereunder to have any such information, which measures shall include the highest degree of care that the Recipient utilizes to protect Its own Confidential information of a similar nature. The Recipient agrees to notify the Discloser in writing of any misuse or misappropriation of such Confidential Information that may come to its attention immediately upon dlscoverythereof. 6.3 Non -Discretionary Disclosure Notwithstandingany of the foregoing provisions, the recipient shall be entitled to make such disclosure, announcement, statement or communication which it reasonably believes is required by law or by any governmental or other regulatory authority provided that it first gives to the Discloser, if affected by the same, such advance notice thereof as Is reasonably practicable in all the circumstances and provided that the Recipient uses all reasonable endeavours to comply with all reasonable directions of the Discloser regarding any action whleh the Discloser may wish to be taken to challenge legally the validity of such requirement. 7 Disclaimer of Warranty USE OF CLEARRISK CLAIMS IS AT CLIENTS OWN RISK. CLEARRISK PROVIDES 15 20 CLEARRISK CLAIMS ON AN "AS IS", "WHERE IS", BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OR NON -INFRINGEMENT. CLEARRISK ALSO DISCLAIMS ALL LIABILITY WITH REGARD TO CLIENTS VIEWING OF ANY WEB SITES THAT MAY BE LINKED FROM CLEARRISK CLAIMS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. CLEARRISK MAKES NO WARRANTY THAT CLEARRISK CLAIMS IS ACCURATE, TIMELY, UNINTERRUPTED OR ERROR -FREE, THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF CLEARRISK CLAIMS WILL BE RELIABLE, THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED THROUGH THE USE OF CLEARRISK CLAIMS WILL MEET CLIENTS EXPECTATIONS OR ANY ERRORS IN CLEARRISK WILL BE CORRECTED. B Default and Termination 8.1 Events of Default The Parties agree that an Event of Default shall include: a a breach by Client or ClearRisk of a term of this Agreement (including the Schedules); 8.2 Termination by Party upon Event of Default 0) Upon the occurrence of an Event of Default attributable to Client under this Agreement, then ClearRisk may issue a notice in writing of default and on failure of Client to remedy the same or cause the same to be remedied within thirty (30) Business Days' after the issuance of the notice, ClearRisk may at its option terminate this Agreement by notifying the Client in writing of its election so to do. In the event that this Agreement is terminated, such termination shall not prevent ClearRisk from collecting from Client any sums or payments accrued prior to termination. (!I) Upon the occurrence of an Event of Default attributable to ClearRisk under this Agreement, then Client may Issue a notice in writing of default and on failure of ClearRisk to remedy the same or cause the same to be remedied within thirty (30) Business Days` after the issuance of the notice, Client may at its option terminate this Agreement by notifying ClearRisk in writing of its election so to do. In the event that this Agreement is terminated, such termination shall not relieve Client of any obligations that have accrued as of the date of such termination, including, without limitation, any sums or payments then due. 8.3 Irreparable Harm 16 21 b Client agrees that should it breach or violate any obligations set out in this Agreement, ClearRisk may be irreparably harmed and that such harm may not be adequately compensated for in damages. Client further agrees that in the event that Client breaches its obligations set out in this Agreement, ClearRisk may have the right to seek and obtain immediate injunctive relief to enforce obligations under this Agreement in addition to any other rights and remedies it may have at law or equity. 9 Indemnification and Insurance 9.1 Indemnification by Client Client agrees that it shall at all times promptly indemnify and hold ClearRisk safe and harmless from and against any and all actions, manner of actions, causes of actions, liabilities, claims, demands, suits, damages (incidental, direct, indirect, special, consequential or otherwise), losses, Injuries, expenses (including, without limitation, legal fees on a solicitor and own client basis) or otherwise which may be brought against or suffered by ClearRisk for, arising from or in any way connected with a breach by Client or of this Agreement. 9.2 Indemnification by ClearRisk ClearRisk agrees that it shall at all times promptly indemnify and hold Client safe and harmless from and against any and all actions, manner of actions, causes of actions, liabilities, claims, demands, suits, damages (incidental, direct, indirect, special, consequential or otherwise), losses, injuries, expenses (including, without limitation, legal fees on a solicitor and own client basis) or otherwise which may be brought against or suffered by Client for, arising from or directly connected with a breach by ClearRisk or of this Agreement. 9.3 Indemnification of Third Party Claims - Client Client agrees that it shall at all times promptly indemnify and hold ClearRisk safe and harmless from and against any and all actions, manner of actions, causes of actions, liabilities, claims, demands, suits, damages (incidental, direct, indirect, special, consequential or otherwise), losses, Injuries, expenses (including, without limitation, legal fees on a solicitor and own client basis) or otherwise which may be brought against or suffered by ClearRisk for, arising from or in any way connected with Client's use of ClearRisk Claims. 9.4 Indemnification of Third Party Claims - ClearRisk Subject to Sections 7, and 9.5, ClearRisk agrees that it shall at all times promptly indemnify and hold Client safe and harmless from and against any and all actions, manner of actions, causes of actions, liabilities, claims, demands, suits, damages (incidental, direct, indirect, special, consequential or otherwise), losses, injuries, expenses (including, without limitation, legal fees on a solicitor and own client basis) 17 22 or otherwise which maybe brought against or suffered by Client for, arising from or directly connected with a breach by ClearRisk of this Agreement. 9.5 Limitation of Liability IN NO EVENT WILLA PARTY, OR THE PARTY'S DISTRIBUTORS, DISTRIBUTEES, SUPPLIERS (INCLUDING WITHOUT LIMITATION, SALESFORCE.COM), MERCHANT BUSINESS ASSOCIATES, ADVERTISERS, THIRD PARTY DEVELOPERS OR DISTRIBUTORS OF SUPORTED SOFTWARE, OR ANY OF THE FOREGOING ENTITIES' OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (COLLECTIVELY "PROTECTED PARTI ES") BE LIABLE FOR ANY INDIRECT DAMAGES, INCLUDING, BY WAY OF ILLUSTRATION AND NOT LIMITATION, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY, OR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING LEGAL FEES, ARISING OUT OF CLEARRISK'S PRIVACY STATEMENT OR CLIENT'S USE OR INABILITY TO USE CLEARRISK CLAIMS EVEN IF A PROTECTED PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL PROTECTED PARTIES' MAXIMUM CUMULATIVE LIABILITY UNDER THIS AGREEMENT, EXCEED THE LESSER OF $7,500.00 OR THE REVENUE ACTUALLY RECEIVED BY CLEARRISK DIRECTLY ATTRIBUTABLE TO CLEARRISK CLAIMS. 9.6 Insurance ClearRisk agrees that a That the property, assets, undertakings, activities and liability of ClearRisk are insured against risks, loss and/or damages under a policy of insurance (the "Pvlicy" ) with insurers who are satisfactory to Client in amounts, for risks and otherwise on terms which are reasonable in relation to such assets and activities of ClearRisk and as is prudent having regard to the business conducted by ClearRisk. ClearRisk has a $2,000,000 CGL and E&O. b That the Policy will, at a minimum, carry limits of not less than two million dollars ($2,000,000.00) per clairn and have a deductible of not more than ten thousand dollars ($10,000.00)_ c That Client is named as an additional insured under the general liability insurance provisions of the Policy with respect to liability ariNng from or out of the ClearRisk Claims by Client d That the Policy shall apply as primary Insurance and contain an undertaking by the Insurers to notify Client in writing not less than thirty (30) days' prior to any material change, cancellation or termination and that ClearRisk itself will notify Client within 48 hours of receipt of notification by insurers of any cancellation or termination of the Policy. 18 23 S e That certificates of insurance, together with copies of the coverage sheet, policy and any amending endorsements, in a form acceptable to Client, will be delivered to Client and ClearRisk upon execution of this Agreement, and upon every renewal of the Policy for so long as this Agreement remains in effect. f That there has been no default or failure by the party or parties insured under the provisions of such Policy which would prevent the recovery by the Party or Parties insured there under of the full amount of any insured loss. 10 Miscellaneous 10.1 Further Assurances The Parties and each of them shall at anytime and from time to time do, execute, acknowledge and deliver or cause to be done, executed, acknowledged and delivered all such further acts, deeds, assignments, transfers, conveyances, powers of attorney and assurances as may be reasonably required so as to accomplish and cant' into effect the intentions of this Agreement 10.2 Waiver of Breach No delay or omission of either of the Parties to exercise any right or power accruing upon any default or breach under this Agreement shall impair any such right or power or shall be construed to be an acquiescence therein or waiver of any such default or breach or of any right or power accruing upon any such default or breach or any subsequent default or breach under this Agreement 10.3 Waiver of Terms None of the conditions, covenants or agreements contained in this Agreement may be waived in whole or in part unless such waiver be in writing and signed by the Party in whose favor the representations, warranties, conditions, covenants or agreements so waived operate. 10.4 Assignment and Sublicences Client shall not be permitted to assign this Agreement or any of its obligations hereunder, without the prior written consent of ClearRisk, which consent may be withheld by ClearRisk in its sole discretion. Client also agrees that it shall not have the right to grant sublicences under this Agreement 10.5 Notice Any notice or other document required or permitted to be given to any party hereunder shall be validly given if delivered personally (including by courier service) or sent by facsimile transmittal addressed to the addressee thereof at the following respective addresses: 19 24 (a) if to ClearRisk at: 40 Aberdeen Avenue Suite 006 St. John's, NL Canada A1A 5T3 9 Attention: Craig Rowe Email: craig@clearrisk.com Fax: 1(877) 734-7475; and (b) if to Client at: 15 Market Square P.O. Box 1971 Saint John, New Brunswick E2L 411 Attention: Ian Fogan Email: ian.fogan@salntjohn.ca Phone: (506)532-6845 Fax: Any notice or other document if delivered shall be deemed to have been received by and given to the addressee on the date of delivery, and if given by facsimile transmittal shall be deemed to have been received by and given to the addressee on the next Business Day following the day of sending. Any party may at any time give notice in writing to the others of any change of address for these purposes. In the event of actual or threatened postal Interruption in Canada, no such notice shall be deemed to have been received until it has in fact been received by the party for whom it is intended. 10.6 Rules of Interpretation Words importing the singular number shall include the plural and vice versa and words importing the use of any gender shall include all genders. Headings used in this Agreement are for convenience of reference only and shall not constitute a part of this Agreement for any other purpose including, without limitation, its Interpretation. Expressions such as "hereof", hereunder" and hereby" shall be construed as referring to the entire Agreement and not only to the particular Article, section, subsection or clause in which they appear. In determining beneficial ownership by a person, such person shall be considered as having a beneficial ownership interest in the assets of any company controlled, directly or indirectly, by such person. This Agreement shall not be construed or interpreted so as to create any rights to or be enforceable by any person who or which is not now, or does not in future become, a party to this Agreement. 20 25 10.7 Governing Law 10 This Agreement shall be construed in accordance with the laws of the Province of Now Brunswick and the laws of Canada applicable therein and each of the parties hereby irrevocably attoms to the exclusive jurisdiction of the courts of such Province. 10.8 Business Days In the event that any act is required hereunder to be done, any notice is required hereunder to be given, or any period of time Is to expire hereunder on any day that is not a Business Day, such act shed be required to be done or notice shall be required to be given or time shall expire on the next succeeding Business Day. 10.9 Severability The invalidity or u nenfo rceability of any provision or part of any provision of this Agreement shall not affect the validity or enforceablilty of any other provision or part thereof, and any such invalid or unenforceable provision or part thereof shall be deemed to be separate, severable and distinct, and no provision or part thereof shall be deemed dependent upon any ether provision or part thereof unless expressly provided for herein. 10.10 Counterparts and Facsimiles This Agreement may be executed in any number of counterparts, each of which when so executed shall be deemed to be an Original and all of which when taken together shall constitute one and the same agreemerrt, and may be delivered by any of the parties to any other party by facsimile transmittal. 10.11 Time of the Essence Time shall in all respects be of the essence of this Agreement.. 10.12 Currency All dollar amounts referred to herein refer to lawful money of Canada. 10.13 Enurement This Agreement and everything contained herein shall enure to the benefit of and be binding upon each of the Parties hereto and their respective successors and permitted assigns as fully and as effectually as if the same had been mentioned herein. 21 26 21 10.14 Entire Agreement This Agreement, including the schedules attached hereto, Is the entire agreement between the parFiies made to date regarding the subject matter and supersedes any prior agreements or understandings between the parties relating to its subject matter. No modification or variation of this Agreement shall be effective unless in writing signed by the Parties. IN WITNESS W H E R E 0 F the signature of a duty authorized director of each of ClearRisk and Client were hereunto affixed in accordance with their rules and regulations in that behalf contained, the day and year first before written. CLEAR RISK INC. City of Saint John r Per: Craig Rowe Per: Mayor Per. Common Clerk Resolution Date; 22 27 12 des .cos,, experience swc=- Schedule "A" to ClearRisk Claims Services Agreement - Additional Terms - Salesforce.com Terms Customer Full Legal City ofSaint John Name. Customer Address: 15 Market Square, P.0 Box 1971, Saint John, New Brunswick E21_4L1 These SrDC Service Terms of Use ("Agreament') are 'between salesforce.com, inc., a Delaware corporation with fts principal place of business at The Landmark 0 One Market, 5u€te 300. San Francisco, California 94105 ('SFDC') and the party named strove. This Agreement is effective, once the Agreement Is signed by Customer below, as of the Acceptance Date (the "Effective Date'). 1. DEFihilT ONS "Affiliate" means any entity which directly or indirectly controls, is controlled by, or is under common control with the subject entity. 'Control," for purposes of this definition, mesas direst of indirect ownership or control of aa= then Sul% or the voting interests of the subject entity, 'AppExchange' means the online directory of applications that Interoperate with the Services, knated at irttp Zwww.saleeorce.com/atroexchharitte or at any successor websltes. 'Customer' means the non-SFDC party named above anti its Affiliates. "Customer Date" means all eiectrunic data or information submitted by Customer to the 5eavices. "Malicious Code" means viruses, worms, time bombs, Trojan 'horses anti other hwmfal oT malicious code, files, sriipts, ugents or programs. `Acceptance Date' means the date On which SFDC accepts and order from the Reseller for Services subscriptions on behalf of Customer. 'Reseller' means the Independent entity from which Customer has ,purchased subscriptions to the Services. 'Services` means the online, Web -based platform services provided by SFDC via http,//wwwsaiesforce.com and/or other designated websttes as described in the User Guide, that are ordered by Customer from a Reseller. Including associated o#ftine components defined as part of the Services In the User Guide but excluding Third Party Applications, 'Third -Party Applications' means online, Web -based applications and offlins software products that are provided by third parties inciudfng but not limped tD Reseller, Interoperate with the Services, Including but not fimited to those listed on the AppExchange. "User Guide" navans the online user guide for the Services, accessibic v'ia hf ://wwwja1esfbm.com, as updated froth time to time. "Usm" means individumb who arc authorized by Customer to use the Sm ices, for whom Subscriptions to a Scrvioc have been purchased, and who have been supplied user idmi ficatione toad passwords by Customer (or by SFDC at Customer's request). Users may include but are not limited to employees, coasu.ltants, contractors and agents of C mtortaer, or third parties with which Customer tramects b sincss, 2. SERVICES a. Provision of Services. Subject to Customer's payment of all applicable fees and its compliance with the Nereus of this 3Agnm=cnt, SFDC &hall make the Services available to Customer purswmt to this Agmement. b. User Subseripthu& Services are User subscriptions and may be accessW by no more than the specified number of Users. Additional User %h mcriptions that are added during the subscription 23 28 13 term will be prorated for the remainder of the subscription term in effect at the time the additional User subscriptions are added and the added User subscriptions shall terminate on the same date as the pre-existing User subscriptions. User subscriptions are for designated Users and cannot be shared or used by more than one User, but may be reassigned to new Users replacing former Users who no longer require ongoing use of the Services. c. SFDC Re%wnsibil d a. SFDC shall: (i) provide to Customer basic support for the Services at no additional charge. SFDC will not provide support for any Third Party Applications, including but not limited to an application provided to Customer by Reseller, or any customizations, extensions or and code provided by any third party, including but not limited to Reseller. SFDC will use commercially reasonable efforts to make the Services available 24 hours a day, 7 days a week, except for. (a) planned downtime (of which SFDC shall give at least g hours notice via the Services and which SFDC shall schedule to the extent practicable during the weekend hours from 6.00 p.m. Pacific time Friday to 3:00 am. Pacific time Monday), or (b) any unavailability caused by circumstances beyond SFDC's reasonable control, including without limitation, acts of God, acts of government, flood, Cue, earthquakes, civil unrest, acts of terror, strikes or other labor problems (other than those involving SFDC employees), or Internet service provider failures or delays. SFDC will provide the Services only in accordance with applicable laws and government regulations. 3. Customer Responsibilities. Customer shall (i) be responsible for Users' compliance with this Agreement, (ii) be solely responsible for the accuracy, quality, integrity and legality of Customer Data and of the means by which it acquired Customer Data, (iii) use commercially reasonable efforts to prevent unauthorized access to or use of the Services, and notify SFDC promptly of any such unauthorized access or use, and (iv) use the Services only in accordance with the User Guide and applicable laws and government regulations. Customer shall not (a) make the Services available to anyone other than Users, (b) sell, resell, rent or lease the Services, (c) use the Services to store or transmit infringing, libelous, or otherwise unlawful or tortious material, or to store or transmit material in violation of third -party privacy rights, (d) use the Services to store or transmit Malicious Code, (e) interfere with or disrupt the integrity or performance of the Services or third -party data contained therein, or (f) attempt to gain unauthorized access to the Services or their related systems or networks. 4. THIRD -PARTY PROVIDERS a. Acquisition of Third -Party Products and Services. Any acquisition by Customer of third -party products or services, including but not limited to Third -Party Applications and implementation, customization and other consulting services provide to Customer by Reseller, and any exchange of data between Customer and any third -party provider, including but not limited to Reseller, whether directly or indirectly by way of an application providod by Rewiler or otherwise, is solely between Customer and tho applicable third -party provider. SFDC does not warrant or support third -party products or services, whether or not they are designated by SFDC as "certified" or otherwise, and whether or not they come from an authorized SFDC Reseller. b. Tblyd-Party Applications and Customer Data. If Customer installs or enables Third -Party Applications for use with Services, including but not limited to applications provided to Customer by Rescllcr, Customer acknowledges that SFDC may allow providers of those Third -Party Applications to access Customer Data as required for the interoperation of such Third Party Applications with the Services. SFDC shall not be responsible for any disclosure, modification or deletion of Customer Data resulting from any such access by Third -Party Application providers or through such providers' applications. c. Google Services. Service features that interoperate with Google servios depend on the continuing availability of the Google application programming interface ("APPl and program for use with the Services. If Google Inc. ceases to make the Google API or program available on reasonable terms for the Services, SFDC may cease providing such Service features without entitling Customer to any refund, credit, or other compensation. S. SERVICE TERMS a, User Sabscriptiono. If Customer is in breach of this Agreement SFDC may, Without limiting its other rights and remedies, suspend Customer's access to the Services upon notice to Customer. 24 29 14 6. PROP U TARY RIGHTS a_ Rimervatioo of Rlghta. Subject to the limirgd rights expressly granted hereunder. SFDC reserves all rights, title and interest in and to the Services, including all related intellectual property rights. No rights arc granted to Customer hereunder other than as expressly set forth herein. b. Restrictions. Customer shall nut (i) permit any third party to access the Services except as permitted herein or in an Order Form, (fi) create derivative worm based on the Services, (hi) copy. frame or mirror any putt or content of the Services, other than copying or fianung on Cuxtomer's own intrancts or otherwise for its own internal business porposea, (iv) reverse engineer the Services, or (v) access the Services in order to (a) build a competitive product or service, oar (b) copy any features, functions or graphics of the Services. c. Orvnersltlp of+Customer Bate. As between SFDC and Customer, Customer exclusively owns all rights, title and merest in and to ell Customer Data. d. Suggestions. SFDC shell have a royalty -free, worldwide, transferable, sublicenseable, irrevocable, perpetual license to use or incorporate into the services any suggestions, enhancement requests, recommendations or other feedback provided by Customer, including Users, relating to the operation of the Services. c. Federal Government End Use Provisions. SFDC provides the Services including related software and technology, for ultimate federal government end use solely in accordance wits the following. Government technical data and software rights related to the Services include only those rights customarily provided to the public as deftned in this Agreeatent. This customary c omrnemial license is provided in accordance with PAR 12.211 (Technical Data) and FAR 12.212 (Sotlwam) and, for Department of Defense transactions, DFAR 252.227-7015 ('Technical Data — Commercial Items) and DF'AR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). if a government agency has a need for rigbts not conveyed under these terms, it must negotiate with SFDC to determine if there arc acceptable terma for transferring such rights, and a mutually sooeptable written addendum specifically conveying such rights must be included in any applicable conhut or agreement. 7. CONFIDENTIALITY a. Definition of Condldential Information. As used hcreia, "Confidential Inforuratlee means all confidential information disclosed by a party ('Disclosing Party") to the other parry ("Receiving Party"), whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nether of the information and the cineu nstances of disclosure. Confidential Information of Customer shall inchtde Customer Data; Confidential Information of SFDC shell include the Services; and Confidential information of each party shall include the terms and conditions of this Agmemeaf and all Order Forms, as well as business and marketing plans, technology and technical information, product plans and designs, and business processes disclosed by such party. However, Confidential Information (other diem Customer Data) shall not include any h formation that (i) is or becomes generally known to the public without breach of any obligation awed to the Disclosing Party, (it) vvas known to the Receiving Party prior to its disolosure by the Disclosing Party without breach of any obligation owed to the Disclosing Party, (iii) is received from a third party without breach of any obligation owed to the Disclosing Party, or (iv) was independently developed by the Receiving Party. b. Protection of Confidential Information. Except as otherwise permitted in writing by the Disclosing Party, (i) the Receiving Party shall use the aurae degree of care that it uses to protect the eonMentiahty of its own confidential information of lr1e kind (but in no event Iess than reasonable care) not to disclose or use any Coaadentiaal information of the Disclosing Party for any purpose outside the scope of this Agreement, and (ii) the Receiving Party shall limit access to Confidential Information of the Disclosing Patty to Hulse of itS omploym% contraat+ors and ag=ts who need such access for purposes consistent with this Agresr 1 said who have signed confidentiality agreemenis with the Receiving Party containing protections no less stringent than those herein, c. Protection of Cuatoiter Data. SAC shall maintain appropriate administrative, physical, sud technical safeguards for protection of the security, confidbntiaiity and ionWgrity of Customer Data. SFDC shall not (a) modify Customer Data, (b) disclose CuAnmer Dsta except as compelled by law in e000rdance with the "Compelled Disclosure" section below or as exprcaly permitted in 25 30 I5 writing by Customer, or (c) access Customer Data except to provide the Services and prevent or address service or technical problems, or at Customer's request in connection with customer support matters. d. Compelled Disclosure. The Receiving Party may disclose Confidential Information of the Disclosing Party if it is compelled by law to do so, provided the Receiving Party gives the Disclosing Party prior notice of such compelled disclosure (to the extent legally permitted) and reasonable assistance, at the Disclosing Party's cost, if the Disclosing Party wishes to contest the disclosure. If the Receiving Party is compelled by law to disclose the Disclosing Party's Confidential Information as part of a civil proceeding to which the Disclosing Patty is a party, and the Disclosing Party is not contesting the disclosure, the Disclosing Party will rcimbiuse the Receiving Party for its reasonable cost of compiling and providing secure access to such Confidential Information. 8. WARRANTIES, EXCLUSIVE REMEDIES AND DISCLAIlKERS a. SFDC WmTsntles. SFDC wm=ts that (i) the Services shall perform materially in accordance with the User Guide, and (ii) subject to the "Ooogle Services" section above, the functionality of the Services will not be materially decreased during a subscription term. For any breach of either such warranty, Customer's exclusive remedy from SFDC shall be to terminate this Agreement as provided in the "Termination for Cause" section below. b. Mutual Warranties, Each party represents and warrants that (i) it has the legal power to enter into this Agreement, and (ii) it will not transmit to the other party any Malicious Code (except for Malicious Code previously transmitted to the warranting party by the other party). c. Disclaimer. EXCEPT AS EXPRESSLY PROVIDED HEREIN, NEITHER PARTY MAKES ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND EACH PARTY SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 9. MUTUAL INDEMNIFICATION a. Indemnification by SFDC. SFDC shall defend Customer against any claim, demand, auit, or proceeding ("Claim") made or brought against Customer by a third party alleging that the use of the Services as permitted hereunder infringes or misappropriates the intellectual property rights of a third party, and shall indemnify Customer for any damages finally awarded against, and for reasonable attorney'& fees incurred by, Customer in connection with any such Claim; provided that Customer (a) promptly gives SFDC written notice of the Claim, (b) gives SFDC sole control of the defense and settlement of the Claim (provided that SFDC may not settle or defend any Claim unless it unconditionally releases Customer of all liability), and (c) provides to SFDC all reasonable assistance, at SFDC'e expense. b. indemnifieation by Custamer. Customer shall defend SFDC against any Claim made or brought against SFDC by a third party alleging tbat the Customer Data, or Customer's use of the Services in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify SFDC for any damages finally awarded against, and for reasonable attorney's fees incurred by, SFDC in connection with any such Claim; provided that SFDC (a) promptly gives Customer written notice of the Claim, (b) gives Customer sole control of the defense and settlement of the Claim (provided that Customer may not settle or defend any Claim unless it unconditionally releases SFDC of all liabifity� and (a) provides to Customer all reasonable assistance, at Customer's cost. c. Excludve Remedy. This "Mutual Indemnification" section states the indemnifying party's sole liability to, and the indemnified party's exclusive remedy against, the other party for any type of Claim described in this section. 10. LIMITATION OF LL46BILiTY a. Lladtation of Liability. IN NO EVENT SHALL EITHER PARTY'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, EXCEED IN THE AGGREGATE THE TOTAL AMOUNT PAID BY CUSTOMER TO RESELLER FOR THE SFDC SERVICES, OR 26 31 16 WITH RESPECT TO ANY SINGLE INCIDENT, THE LESSER OF $500,000 OR THE AMOUNT PAID BY CUSTOMER TO RESELLER FOR THE SFDC SERVICES IN THE 12 MONTHS PRECEDING 711E INCIDENT. b. Exclusion of Consequential and Related Damages. IN NO EVENT SHALL EITHER PARTY HAVE ANY LIABILITY TO T1IE OTHER PARTY FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER SHALL NOT APPLY TO THE EXTENT PROHIBITED By APPLICABLE LAW. 11. TERM AND TERMINATION a. Term of Agreement. This Agreement commences on the Effective Date and continues until all User subscriptions granted in accordance with an applicable Reseller Order have expired or been terminated. b. Term of User Subscriptions. User subscriptions commence on the start date specified in Reseller's order to SFDC for such subscriptions and continue for the subscription term specified therein. c. Termination for Cause. A party may terminate this Agreement for cause (i) upon 30 days written notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) if the other party becomes the subject of a petition in banknq tey or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. d. Return of Customer Data. Upon request by Customer made within 30 days after the effective date of termination, SFDC kill make available to Customer for download a file of Customer Data in comma separated value (.csv) format along with attachments in their native format After such 30-day period, SFDC shall have no obligation to maintain or proN-ide any Customer Data and shall thereafter, unless legally prohibited, delete all Customer Data in its systems or otherwise in its possession or under its control_ c Surviving Provisions. The sections titled "Proprietary Rights," "Confidentiality," "Warranties and Disclaimers," "Mutual Indemnification," "Limitation of Liability," "Return of Customer Data," "Surviving Provisions" and "General Provisions" shall survive any termination or expiration of this Agreement. 12. GENERAL PROVISIONS a. Export Compliance. Each party shall comply with the export laws and regulations of the United States and other applicable jurisdictions in providing and using the Services. Without limiting the foregoing, (i) each of SFDC and Customer represents that it is not named on any U.S. government list of persons or entities prohibited from receiving exports, and (d) Customer shall not permit Users to access or use Services in violation of any U.S. export embargo, prohibition or restriction. b. Relationship of the Parties. The parties are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between the parties. c. No Thlyd-Party Beneficlmdes. There are no third -party beneficiaries to this Agreement. d. Notices. Except as otherwise specified in this Agreement, all notices, permissions and approvals hereunder shall be in writing and shall be deemed to have been given upon: (i) personal delivery, (ii) the second business day after mailing, (iii) the second business day after sending by confirmed facsimile, or (iv), except for notices of termination or an indemnifiable claim ("Legal Notices"), the first business day after sending by email. Notices to SFDC shall be addressed to the attention of its VP, Worldwide Sales Operations, with a copy to its General Counsel. All notices to Customer shall be addressed to the relevant Service system administrator designated by Customer. Legal Notices to Customer shall also be addressed to Customer's signatory of this Agreement or any person designated beneath the signature area below. 27 32 CUSTOMER By: Print Name: Title: Data: 17 e. Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement she constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, aW not exclusive of, any other remedies of a party at law or in equity. E Severabillty. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect, g. Assignment. Neither party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other party (not to be unreasonably withheld). Notwithstanding the foregoing, either party may assign this Agreement in its entirety (including all Order Forms), without consent of the other party, to its Affiliate or in connection with a merger, acquisition, corporate reorganization, or We of all or substantially all of its assets not involving a direct competitor of the other party. A party's sole remedy for any purported assignment by the other party in breach of this paragraph shall be, at the non -assigning party's election, termination of this Agreement upon written notice to the assigning party. Subject to the foregoing, this Agreement shall bind and inure to the benefit of the parties, their respective successors and permitted assigns. h. Governing Law. This Agreement, and any disputes arising out of or related hereto, shall be governed exclusively by the internal laws of the State of California, without regard to its conflicts of laws rules or the United Nations Convention on the International Sale of Goods. i. Venue; Waiver of Jury Trial. The state and federal courts located in San Francisco County, California shall have exclusive jurisdiction to adjudicate any dispute arising out of or relating to this Agreement. Each party hereby consents to the exclusive jurisdiction of such courts. Each party also hereby waives any right to jury trial in connection with any action or litigation in any way arising out of or related to this Agreement. Entire Agreement. This Agreement constitutes the entire agreement between SFDC and Customer and supersedes all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter between SFDC and Customer. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment or waiver is to be asserted. However, to the extent of any conflict or inconsistency between the provisions in the bod,- of this Agreement and any exhibit or addendum hereto or any Order Form, the terms of such exhibit; addendum or Order Form shall prevail. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Customer purchase order or in any other Customer order documentation (excluding Order Forms) shall be incorporated into or form any peat of this Agreement, and all such terms or conditions shall be null and void. Name and/or title of person authorized to receive Legal Notices for customer (if different from above): 28 33 U Schedule W to ClearlRisk Claims Services Agreement - Pricing of ClearRisk Claims 1. An n uel Base Softwa re Lice nse: $7,500 per year [includes 1 administrative user, 1 delegate user and a -form incident reporting 2. Account Creation & Setup, Data Impart & Customization: $5000. 3. Taxes: The pries quoted are net of any applicable taxes. 29 34 CLEARRISK SERVICES AGREEMENT Renewal Addendum THIS CLEARRISK SERVICES AGREEMENT ADDENDUM No.1 (this "Addendum") is made at St. John's, in the Province of Newfoundland and Labrador, this day of 1 2021 (the "Addendum Effective Date") by and between Clear Risk Inc. ("ClearRisk") and City of Saint John ("Client"). This Addendum is subject to, and hereby incorporated into, the Claims Services Agreement (the "Services Agreement") dated the 4th day of February 2013, and the Addendum dated the 26th day of January 2016 and the 10th day of January 2019 between ClearRisk and the Client. This Addendum sets forth amendments to the Services Agreement as well as additional terms and conditions upon which the Parties have agreed to renew the Services Agreement. IN CONSIDERATION of the mutual promises and covenants contained in this Agreement, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: DEFINITIONS 1.1 Defined Terms in Services Agreement. Unless otherwise expressly set forth in this Addendum, capitalized terms not defined in this Addendum shall have the meanings set forth in the Services Agreement. 1.2 Additional Definitions. The following new defined terms and definitions are hereby added to the Services Agreement: (a) "Agreement" means the Agreement and this Addendum. (b) "ClearRisk Service" means ClearRisk's proprietary online, cloud -based managed service for which Client is granted rights of access and use in accordance with this Agreement, including offline or mobile components or applications as described in the Documentation and any other ancillary services available in connection therewith, as the ClearRisk Service may be updated from time to time by ClearRisk in its sole discretion. (c) "Client Data" means electronic data and information submitted by or for Client to ClearRisk. (d) "Data Controller" shall mean the natural or legal person who alone or jointly with others determines the purposes and means of the Processing of Personal Information. (e) "Data Processor" shall mean the natural or legal person who processes Personal Information on behalf of the Data Controller. (f) "Data Protection Laws" means all laws and regulations, including laws and regulations of Canada (including the Personal Information Protection and Electronic Documents Act (Canada) and the Canadian Anti -Spam Legislation), [the European Union, the European Economic Area and their member states, Switzerland and the United Kingdom, including the GDPR,] applicable to the Processing of Personal Information under the Agreement. (g) ["GDPR" means Regulation (EU) 2016/679 of the European Parliament and of the Council of 27th April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation).] W (h) "Personal Information" means any information relating to an identified or identifiable natural person as defined under applicable Data Protection Laws. (i) "Processing" means any operation or set of operations which is performed upon Personal Information, whether or not by automatic means, such as collection, recording, organization, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction. 2. TERM EXTENSION Notwithstanding Section 2.2 of the Services Agreement, the Term of this Agreement is hereby extended for a period of three (3) years from the Addendum Effective Date. 3. AMENDMENTS 3.1 Sections 9.1, 9.2, 9.3 and 9.4 of the Services Agreement are hereby deleted and replaced with the following new sections 9.1 and 9.2: 119.1 Intellectual Property Infringement Indemnification 9.1.1 Indemnification by ClearRisk. Subject to this Agreement, ClearRisk shall defend, indemnify and hold Client harmless against any loss, damage or costs (including reasonable legal fees) incurred in connection with claims, demands, suits, or proceedings made or brought against Client by a third party alleging that the use of the Service and Documentation as contemplated hereunder infringes the intellectual property rights of a third party (each an "Infringement Claim"); provided, that Client (a) promptly gives written notice of the Infringement Claim to ClearRisk; (b) gives ClearRisk sole control of the defense and settlement of the Infringement Claim (provided that ClearRisk may not settle or defend any Infringement Claim unless it unconditionally releases Client of all liability); and (c) provides to ClearRisk, at ClearRisk's cost, all reasonable assistance and information. 9.1.2 Other Remedies. If (a) ClearRisk becomes aware of an actual or potential Infringement Claim, or (b) Client provides ClearRisk with notice of an actual or potential Infringement Claim, ClearRisk may (or in the case of an injunction against Client, shall), at ClearRisk's sole option and determination: (i) procure for Client the right to continue to use ClearRisk ; or (ii) replace or modify ClearRisk with an equivalent or better service so that Client's use is no longer infringing; or (iii) if (i) and (ii) are not commercially reasonable, as determined by ClearRisk in its sole discretion, terminate the rights granted hereunder to the Client to access and use ClearRisk and refund to Client that portion of any prepaid fees that is applicable to the period following the termination of the Agreement pursuant to this Section 9.1.2, less any outstanding fees owed on such affected portion of ClearRisk . 9.1.3 Exclusions. The indemnity in Section 9.1 does not extend to (1) any Infringement Claim based upon infringement or alleged infringement of any patent, trademark, copyright or other intellectual property right by the combination of ClearRisk with other products, software or services not provided or approved by ClearRisk, if such infringement would have been avoided but for such combination; (2) any Infringement Claim in respect to any version of ClearRisk other than the most current version; or (3) any use, distribution, sublicensing or exercise of any other right outside the scope of this Agreement. 9.1.4 Sole Remedies. THIS SECTION 9.1 CONTAINS COMPANY'S ENTIRE LIABILITY, AND CUSTOMER'S SOLE AND EXCLUSIVE REMEDIES, FOR INFRINGEMENT CLAIMS. 01-1 9.2 Indemnification By Client Client will defend ClearRisk against any claim, demand, suit or proceeding made or brought against ClearRisk by a third party alleging that Client Data, or Client's use of ClearRisk in breach of this Agreement, infringes or misappropriates such third party's intellectual property rights or violates applicable law (a "Claim"), and will indemnify ClearRisk from any damages, legal fees and costs finally awarded against ClearRisk as a result of, or for any amounts paid by ClearRisk under a court -approved settlement of, a Claim, provided ClearRisk (a) promptly gives Client written notice of the Claim, (b) gives Client sole control of the defense and settlement of the Claim (except that Client may not settle any Claim unless it unconditionally releases ClearRisk of all liability), and (c) gives Client all reasonable assistance, at Client's expense." 4. CLIENT DATA AND PERSONAL INFORMATION 4.1 Ownership. As between ClearRisk and Client, Client exclusively owns all rights, title and interest in and to all Client Data. ClearRisk does not acquire any rights, title or ownership interest of any kind whatsoever, express or implied, in any of the Client Data. 4.2 Technical and Organizational Safeguards. In connection with the provision of ClearRisk, ClearRisk will maintain commercially reasonable administrative, physical, and technical safeguards for protection of the security, confidentiality and integrity of Client Data. Those safeguards will include, but will not be limited to, measures for preventing access, use, modification or disclosure of Client Data by ClearRisk personnel except (a) to provide ClearRisk and prevent or address service or technical problems, (b) as compelled by law in accordance with Section 9.2 below and upon identification of lawful authority, or (c) as expressly permitted in writing by Client. ClearRisk shall not access Client Data except to provide ClearRisk and prevent or address service or technical problems, or at Client's request in connection with customer support matters. 4.3 Personal Information. To the extent that Client Data includes Personal Information: (a) Clientis Data Controller. In relation to all Personal Information provided by or through Client to ClearRisk under this Agreement, Client will at all times remain the Data Controller and will be responsible for compliance with all applicable Data Protection Laws. To the extent that ClearRisk processes Personal Information in the course of providing ClearRisk and related services under this Agreement, it will do so only as a Data Processor acting on behalf of the Client (as Data Controller) and in accordance with the requirements of this Agreement. (b) ClearRisk's Processing of Personal Information. ClearRisk shall secure Personal Information with all necessary safeguards appropriate to the level of sensitivity of the Personal Information. ClearRisk shall only Process Personal Information on behalf of and in accordance with Client's documented instructions and Data Protection Laws for the following purposes: (i) Processing in accordance with the Agreement; (ii) Processing initiated by Client's Users or customers in their use of ClearRisk ; and (iii) Processing to comply with other documented reasonable instructions provided by Client where such instructions are consistent with the terms of the Agreement. (c) Client's Obligations. Client's instructions to ClearRisk for the Processing of Personal Information shall comply with Data Protection Laws. Client shall have sole responsibility for the accuracy, quality, and legality of Personal Information and the means by which Client acquired Personal Information. Client hereby represents and warrants to, and covenants with ClearRisk that Client Data will only contain Personal Information in respect of which Client has provided all notices and disclosures, obtained all applicable third party Kul consents and permissions and otherwise has all authority, in each case as required by applicable laws, to enable ClearRisk to provide ClearRisk , including with respect to the collection, storage, access, use, disclosure and transmission of Personal Information, including by or to ClearRisk and to or from all applicable third parties. (d) Compliance with Laws. ClearRisk shall, in connection with the provision of ClearRisk , comply with Data Protection Laws, as well as the ClearRisk's Privacy Policy. (e) ClearRisk Personnel. ClearRisk shall ensure that its personnel engaged in the Processing of Personal Information are informed of the confidential nature of the Personal Information and have received appropriate training on their responsibilities and ClearRisk shall take commercially reasonable steps to ensure the reliability of any ClearRisk personnel engaged in the Processing of Personal Information. 4.4 Data Breach. Upon becoming aware of any unlawful access to any Personal Information, any unauthorized access to such facilities or equipment resulting in loss, disclosure or alteration of any Personal Information, or any actual loss of or suspected threats to the security of Personal Information (including any physical trespass on a secure facility, computing systems intrusion/hacking, loss/theft of a computing device, storage media or printed materials, or other unauthorized access) (each a "Security Incident"), ClearRisk will promptly notify Client of the Security Incident (and in all circumstances at least as soon as it reports to similarly situated customers of Client, but in any event as soon as reasonably possible in the circumstances), and will investigate or perform required assistance in the investigation of the Security Incident and provide Client with detailed information about the Security Incident. ClearRisk will take all commercially reasonable steps to mitigate the effects of the Security Incident, or assist Client in doing so; and will provide prior notice to Client of, and will not undertake any, proposed communications to third parties related to a Security Incident involving Personal Information without Client's prior written approval, not to be unreasonably withheld, conditioned or delayed. ClearRisk will work with and coordinate with Client on any such notices in any event. ClearRisk will comply with this Section 4.4 at ClearRisk's cost unless the Security Incident arose from Client's negligent or willful acts or ClearRisk's compliance with Client's express written instructions. 5. USAGE DATA Notwithstanding anything to the contrary in this Agreement, Client acknowledges that ClearRisk may provide Usage Data (as hereinafter defined) to ClearRisk and ClearRisk may monitor Client's use of ClearRisk and collect and compile aggregated and anonymized data, information, analytics and diagnostic statistics relating to the provision and operation, and Client's use, of ClearRisk ("Usage Data"). As between ClearRisk and Client, all right, title, and interest in Usage Data, including all intellectual property rights therein, belong to and are retained solely by ClearRisk. ClearRisk may use Usage Data to support (including to improve) ClearRisk, develop new products and services, and for any other business purpose, provided that the Usage Data does not contain any Personal Information or other user identifier and is not associated with Client or any User. 6. CONTINUATION OF SERVICES AGREEMENT This Addendum is supplementary to the Services Agreement and all other provisions of the Services Agreement shall remain in full force and effect, unless amended herein or inconsistent with this present Addendum. 7. SIGNATURE, COUNTERPARTS, AND DELIVERY This Addendum may be signed electronically, including through DocuSign and similar applications. This Addendum may be signed in any number of counterparts (including counterparts by scanned M-11 or electronic signature) and each counterpart will be deemed an original; taken together, all counterparts will be deemed to constitute one and the same instrument. Delivery of a printed counterpart (whether or not the counterpart was signed electronically) or electronic delivery (including by email transmission or transmission over an electronic signature platform) of an executed counterpart of this Cloud Solution Addendum are each as valid, enforceable and binding as if the signatures were upon the same instrument and delivered in person. IN WITNESS WHEREOF the parties have caused to be hereto affixed their respective corporate seals attested by the signatures of their duly authorized signing officers as of the date indicated first herein: CLEAR RISK INC. Name: Mike Bowman City of Saint John Name: Title: VP Sales and Customer Success Title: Date: Date: I have authority to bind the corporation. I have authority to bind the corporation. 061 CLEARRISK SERVICES AGREEMENT Updated Pricing Schedule for Renewal Term City of Saint John's annual subscription will not change for this renewal year. 5% annual cost escalation remains intact. 1. 2022 Breakdown Item # of items Cost per item 2022 Totals Primary Admin 1 $7,276.50 $7,276.50 Additional Admins 4 $3,638.25 $14,553 Delegate Users 17 $606.38 $10,308.46 Web Form(s) 1 $1,212.75 $1,212.75 Manager: Risk Plan Users 4 $0 (included in claims subscription license cost) $0 Totals $33,350.71 2. Annual breakdown under current user levels for remainder of renewal term 2023: $35,018.24 2024: $36,769.15 COUNCIL REPORT M&C No. 2022 - 002 Report Date December 21, 2021 Meeting Date January 10, 2022 Service Area Corporate Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Data Integration Consulting Statement of Work OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. HeatC Manager Sarah Ranson Stephanie Rackley-Roachn Kevin Fudge Collin RECOMMENDATION The City Manager recommends that the Mayor and Clerk be authorized to execute the Data Integration Consulting Statement of Work documents with Softchoice (attached). EXECUTIVE SUMMARY There are several applications used by City staff that require databases and data integration protocols. The Data Integration Consulting Statement of Work (SOW) arrangement with Softchoice will support the City's Information Technology (IT) service area. This is a specialized skills set that has proven to be difficult to recruit for and is integral to the effective and efficient operation of applications used by both the City and the Saint John Police Force. PREVIOUS RESOLUTION N/A REPORT The IT service area has been staffed with two Systems Specialists in the past that were responsible for database management and data integration. Both employees in these roles have left their position to pursue other opportunities. Despite three recruitment processes, City staff have been unable to successfully hire for this necessary skill set. Other municipalities have engaged consulting services for their database management and programming skillset required for database administration and data integration needs. !II -2- Softchoice can offer the City on -demand access to database management and data integration resources to help resolve technical issues with current database management and data integration protocols. The IT service area can also procure project support for new initiatives as projects are planned that require these skills. Tasks previously completed by the System Specialists roles outside of database management and data integration will be absorbed by positions within the IT service area. Additional staff will be recruited in 2022 to keep up with the workload. The IT team reached out to three consulting companies for data management services. Softchoice was the only company that met the requirements set out by the City at the best cost. Softchoice has worked with the IT service area on other projects and contracts, and have proven to be helpful, knowledgeable, and dependable. STRATEGIC ALIGNMENT As noted in Council Priorities, the City is committed to providing service delivery within the City's internal policies and procedures, while also using financial resources wisely. The SOW supports efficient service delivery by ensuring the skills required to maintain, troubleshoot, and create databases and data interfaces among applications is readily available. Staffing and purchasing policies were followed by staff when recruiting the required skillsets. SERVICEAND FINANCIAL OUTCOMES A discounted hourly rate of $175 plus HST has been offered by Softchoice. Once approved by Council, a purchase order will be created for $9,060.00 plus HST for fifty hours of data work and two hours of project coordination. The City is only obligated to pay for the hours used during 2022. The cost of the Softchoice resource is budgeted for in the approved 2022 IT operational budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The Supply Chain Management team is supportive of proceeding with Softchoice for data management and integration services. The General Counsel's Office has reviewed the SOW. The Human Resources service area has reviewed the SOW and is supportive of proceeding with engaging with a consultant for this skillset. ATTACHMENTS Data Integration Consulting Statement of Work :1 .4 Softchoice Statement of work Prepared by Brent Steeves December 20, 2021 32=61111=.0 City of Saint John External ID #: 7000039962 SOW Review No: Q-872035 rmi softcholcecom 43 City ofSaint John : Data Integration Consulting Table of contents GENERAL INFORMATION PROJECT SUMMARY PROJECTSCOPE .......................................................................... CONDITIONS FOR PROJECT DELIVERY .................... CUSTOMER RESPONSIBILITIES ....................................... FEE SCHEDULE TRAVEL AND LIVING EXPENSES ..................................... PROJECT COMMENCEMENT .............................................. CANCELLATION AND KE8CHEDUUNG—'----' CHANGE REQUESTS ................................................................. CONTACT OETA|L8---------------'----' P/0'K8ENTTERKA8 3 3 3 4 5 7 7 7 7 8 9 IN Softchm 44 Do not copy mrelease without the express written authorization mSoftchoice Page 2of 10 City of Saint John : Data Integration Consulting General Information City of Saint John ("Customer") and Softchoice LP, by its general partner Softchoice Corporation ("Softchoice") have entered into this Statement of Work ("SOW") dated as of the last signature date below (the "Effective Date"), pursuant to: (a) the current Master Services Agreement between Customer and Softchoice (the "MSA"); or (b) where a MSA has not been entered into between Customer and Softchoice or is expired or terminated, the terms and conditions set out at http://www.softchoice.coMaggll/m (in each case, the "Agreement"). This SOW shall govern and supersede any terms and conditions stated on any purchase order submitted by Customer for the Services or Deliverables. Project summary Customer has requested that Softchoice provide Staff Augmentation Services (the "Services") in support of Customer's Data Integration Consulting initiatives. This Staff Augmentation SOW covers support as requested and directed by Customer. Project scope The Services consist of the following: Location: Remote work Schedule, duration and number of hours/dam Upon SOW signature, a start date will be determined depending on both Customer's and Softchoice's engineer availability. ■ Engagement will start with one (1) eight (8) hour day per week for six (6) consecutive weeks with remaining two (2) hours to be used in any one of those weeks ■ For a minimum of 50 hours (during business hours). ■ During the course of the engagement, should Customer require additional hours or afterhours work, this work will be invoiced as incurred. ■ Afterhours work is invoiced at 1.5x the normal hourly rate. ■ Hours must be used by March 15", 2022 or a new SoW/PCR will be required ■ Holidays are not included in the above scheduling. Type and number of Resource(s): One (1) senior SQL Engineer Softchoice proprietary & confidential information. 45 Page 3 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 City of Saint John : Data Integration Consulting 111IRZ i M • Project Expedited Softchoice will perform the following as part of this Statement of Work: ■ Initial communication with stakeholders ■ Resource coordination and scheduling ■ Change management (if required) ■ Project acceptance and closure Customer will be responsible for: ■ Project planning and project schedule management ■ Risk Identification and Mitigation planning ■ Schedule monitoring and reporting Note: There are no internal and external kick-off meetings for this PM level. Weekly status report will be shared weekly by the Engineer. Exclusions from scope Anything not specifically stated in the Project Scope section or any reallocation of a task from Customer to Softchoice is considered outside the scope of this SOW and will require a Change Request to be agreed upon by both parties. This will likely impact the cost and timing of this project. This includes but is not limited to: 1. Specific deliverables or completion criteria. 2. Actual or implied service level agreements. Conditions for project deliver` Softchoice and Customer agree that these conditions are required for the project to be executed within the time and budget stated: Location and hours 1. The SOW is for work performed during regular business hours Monday through Friday, 8:30 am-5:30 pm (in the jurisdiction in which the Services are performed). Unless explicitly identified in this SOW, all work performed outside of regular business hours will be billed at 1.5 times the normal hourly rate. 2. All work will be performed remotely, unless otherwise agreed to by the Parties. Softchoice proprietary & confidential information 46 Page 4 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 City of Saint John : Data Integration Consulting General conditions 1. Softchoice will be entitled to rely upon any routine instructions, authorizations, approvals or other information provided to Softchoice by Customer. 2. Any delays, errors or omissions that impact this SOW will be accounted for via a Change Request. The price and impact of each Change Request will be mutually agreed upon by the Parties. 3. Any errors, incompatibilities, or defects in Customer's software, hardware or systems or any third -party products that effect this SOW will be addressed through a Change Request. 4. The Services do not include the provision of and cost for third -party products, third party technical support calls/ticket submission and support agreements with third party vendors. 5. Softchoice shall not be responsible for any modifications or alterations in respect of a Service or Deliverable made by parties other than Softchoice. 6. This SOW shall expire 60 days from the SOW date listed on the cover page, unless otherwise executed. 7. Customer may extend this SOW by providing at least two (2) weeks notice to Softchoice, for a maximum duration equal to the initial duration of this SOW. For extensions beyond this duration, a new SOW or Change Request will be required. Customer responsibilities Customer agrees that failure to deliver any of these responsibilities will impact the project's commercial structure, which may include adjustments in time, scope, or both. Customer shall: Working environment 1. Provide adequate working space at Customer's site where required. 2. Provide necessary system access for Softchoice personnel, including remote access where required. 3. For onsite services, Customer will ensure it follows best practices and health and safety guidelines as required in its jurisdiction in respect of preventing and/or reducing the risk of Covid-19 transmission. Customer will inform Softchoice of Customer's health and safety requirements that it requires Softchoice personnel to comply with, in writing in advance or upon SOW signature. Softchoice will use commercially reasonable efforts to follow such requirements in assigning personnel to perform Services onsite, and Customer understands that the project's timeline may be impacted as a result. 4. Assume all responsibility for site preparation, including space, cabling and electrical requirements. Availability of resources 1. Once scheduled, Customer resources will be available when required. Failure to comply may affect Softchoice resource availability, cause additional project expenses, or both. 2. Customer is responsible for the delivery of all project prerequisites prior to the initial project kick off meeting. Softchoice proprietary & confidential information. 47 Page 5 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 City of Saint John : Data Integration Consulting Softchoice •a I .i 2 1. If Customer is not able to provide project prerequisites or Customer resources, Customer is responsible for cancelling any scheduled meeting 24 hours in advance. 2. Provide Softchoice with the information it reasonably requires to perform the Services. 3. Designate a Customer Primary Contact who will be the focal point for a SOW and who shall have the authority to act on Customer's behalf. Customer's Primary Contact will remain engaged in the project and will act as Customer's single point of escalation for the project. 4. Notify Softchoice of any relevant issues of which Customer is aware that will impact the Services. Failure to do so may result in a Change Request and additional costs outside of this SOW. Technology Perform all appropriate backups and be solely responsible for its data, including taking sufficient steps to protect itself against loss or corruption of data. General responsibilities 1. Once Services commence, Customer will be responsible for ensuring project continuity, and Services will be scheduled in blocks of 4 or 8 hours per day for the duration of the Services. All scheduled blocks will be invoiced accordingly unless Customer notifies Softchoice of any Customer delays in accordance with the Cancellation and Rescheduling section below. Termination Rights This SOW may be terminated at any time by either Party upon: (i) at least thirty (30) days' written notice to the other Party for any or no reason; (ii) written notice if the other Party breaches any material term of this SOW and such breach remains uncorrected for 15 business days following written notice from the other Party; or (iii) upon written notice in the event that the other Party is adjudged bankrupt, or a receiver is appointed on account of its insolvency. Upon any termination, Softchoice shall be entitled to be paid for all work performed, all accrued charges and all costs incurred up to the effective date of termination. In addition to the termination rights set forth above, Softchoice may by written notice terminate or suspend work under this SOW as of the date specified in such notice upon Customer's failure to pay Softchoice any amount required to be paid under this SOW in accordance with the terms herein. Softchoice proprietary & confidential information. 48 Page 6 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 City of Saint John : Data Integration Consulting •_ 1'OMrZ Softchoice shall provide Customer the Services described on an hourly basis. Senior SQL Engineer 50 $ 175 ! $ 8,750 Project Coordination 2 $ 155 $ 310 Total* 52 $9,060 *Exclusive of any applicable taxes. All currency is in CDN funds. Travel and living expenses For any onsite services that require travel in excess of eighty (80) km and upon written Customer approval, reasonable and customary travel and living expenses shall be invoiced at actual cost. Project commencement Softchoice shall make all reasonable efforts to begin project services within four (4) weeks from the SOW execution date. Services are scheduled by the assigned Softchoice Project Coordinator or Project Manager after the SOW has been fully executed. Cancellation and rescheduling Once a start date for the services being provided under this SOW has been agreed upon in writing by Customer and Softchoice ("Project Start Date"), Customer may change the Project Start Date without penalty upon written notice to Softchoice, if such notice is received more than five (5) business days prior to Project Start Date. If Customer changes the Project Start Date five (5) business days or less prior to the Project Start Date, Customer agrees to pay Softchoice the full price of the services that were scheduled for the week following the Project Start Date. Customer may cancel the Services without penalty upon written notice to Softchoice upon five (5) business days' notice. Customer agrees to pay Softchoice for all Services performed, and all costs and expenses incurred up to the effective date of termination. If applicable, Customer agrees to pay for any penalties or rescheduling fees for any airline tickets, hotels, or any other travel commitments made based on the Project Start Date that result from Customer's change of the Project Start Date or cancellation of the Services, that are not reasonably avoidable by Softchoice. Softchoice proprietary & confidential information. 49 Page 7 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 City of Saint John : Data Integration Consulting Softchoice Change requests The fees quoted are based on Softchoice executing the services on a specific, mutually agreed upon, schedule that allows both Softchoice and Customer reasonable time to perform their tasks. Any deviation from the scope or schedule could result in corresponding changes to the estimated price, dates, responsibilities, or other provisions of the project. Changes that have material impact to any of the foregoing will be accommodated with a Change Request form or a separate SOW as deemed appropriate by both parties. Softchoice will make reasonable efforts to mitigate the costs associated with the change, with Customer bearing only that portion of costs that cannot be mitigated or otherwise avoided. Softchoice proprietary & confidential information. 50 Page 8 of to Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 City of Saint John : Data Integration Consulting Softchoice Contact details Services Work Address or Remote Remote City, Province, Postal Code Saint John, NB, E21- 41-1 Customer Primary Contact Sarah Ranson Title IT Manager Phone Number (506) 721-0496 Email Address sarah.ranson@saintjohn.ca Customer Signing Authority Contact Email donna.reardon@saintjohn.ca; jonathan.taylor@saintjon.ca Softchoice Manager, Professional Services Shenoda Bastawros Softchoice Account Manager John Brawley Services performed under this SOW will be invoiced every two (2) weeks until the project is complete unless otherwise noted in the Agreement. All invoices and billing correspondence shall be sent to Customer's designated billing contact below: Billing address: Name Sarah Ranson Street Address 15 Market Square - 9th Floor PO Box 1971 City, Province, Postal Code Saint John, NB, E21- 41-1 Phone Number (506) 721-0496 Email Address sarah.ranson@saintjohn.ca Softchoice proprietary & confidential information. 51 Page 9 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10114/2021 City of Saint John : Data Integration Consulting Softchoice Approvals Both parties warrant and represent that they have authority to execute this SOW on behalf of their respective companies and bind them to the obligations stated within and under the Agreement. City of Saint John BY: PRINT: TITLE: DATE: BY: PRINT: TITLE: DATE: (AUTHORIZED SIGNATURE) (AUTHORIZED SIGNATURE) PO # (billing ref. #): (Please indicate "NA" if not applicable) Softchoice LP, by its general partner Softchoice Corporation BY: JR tit vmit 2y (AUTHORIZED SIGNATURE) PRINT: Jill Crowley TITLE: Sr. PS Manager DATE: Dec 22, 2021 ***This signed document must be sent back in its entirety (not just the signature page) *** Softchoice proprietary & confidential information. 52 Page 10 of 10 Do not copy or release without the express written authorization of Softchoice. Version 4.7.1 — 10/14/2021 SOW-Q-872035-City of Saint Jahn -TM -CA -SQL Staff Aug-CF-Finalv2 Final Audit Report 2021-12-22 Created: 2021-12-22 By: Raudah Mohammed (raudah.mohammed@softchoice.com) Status: Signed Transaction ID: CBJCHBCAABAActJOz7VPBXyh95TwOzHJOJilb6rAgID "SOW-Q-872035-City of Saint John -TM -CA -SQL Staff Aug-CF-F inalv2" History Document created by Raudah Mohammed (raudah.mohammed@softchoice.com) 2021-12-22 - 12:43:45 PM GMT- IP address: 172.58.171.141 Py Document emailed to Jill Crowley Qill.crowley@softchoice.com) for signature 2021-12-22 - 12:44:31 PM GMT &D Raudah Mohammed (raudah.mohammed@softchoice.com) replaced signerjill.crowley@softchoice.com with eric.barkman@softchoice.com 2021-12-22 - 2:04:47 PM GMT- IP address: 172.58.171.212 Document emailed to eric.barkman@softchoice.com for signature 2021-12-22 - 2:04:47 PM GMT Document e-signed by Jill Crowley (jill.crowley@softchoice.com) Signature Date: 2021-12-22 - 2:23:41 PM GMT - Time Source: server- IP address: 172.219.10.50 Agreement completed. 2021-12-22 - 2:23:41 PM GMT P6WEpfDBY .Xe Softchoice �� "Y 53 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2022-006 Report Date January 04, 2022 Meeting Date January 10, 2022 Service Area Strategic Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: 2022 Insurance Renewal AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Ian Fogan Kevin Fudge I John Collin RECOMMENDATION It is recommended that Council accepts the insurance package presented by BFL Canada, through our Agent of Record, JM & CW Hoper Grant Ltd. and approves maximum payments as follow: Insurance Premiums of $1,689,780 Agreed Agency Fee of $30,000 Payable to JM & CW Hope Grant Ltd. $1,719,780 EXECUTIVE SUMMARY The insurance industry appears to be approaching the end of a hard market cycle that has not been seen in 20 years. Premiums in the coming two years should continue to stabilize as insurers have reduced their book of business to only select customers and have completed extensive underwriting of the markets they serve. This has resulted in insurers reducing the amount of coverage they wish to extend along with significant increases in premiums in all markets but especially property and cyber risks. The City's overall increase to the entire insurance portfolio is approximately 20% after last year's increase of 26% for a total two-year increase of close to 50% in premiums. This experience is in line with other Canadian Municipalities that have seen increases ranging from 15%to 60%this year with combined increases of 40% to 100% in the past two years (Moncton 40%, Halifax 82.5%). There are three areas of concern on premium increases, property, auto and Cyber. With the stabilizing hard market conditions, the City will be returning to a competitive RFP process to better evaluate the insurance opportunities within the new market conditions including an assessment of deductibles, reserves and 6'il -2- diverting insurance premiums towards loss prevention activities while retaining more risk. A comprehensive review could be completed in 2023 in cooperation with the successful RFP respondent. Once the various premium costs are allocated to participating agencies, boards or commissions, the various insurance premiums are on target for the 2021 budgeted amount. Property and auto premiums are allocated out by property and vehicle to various department budgets and the increase in costs are expected to be absorbed by the various departments through off -setting savings or reducing the number of assets. The Risk Management approach adopted by the City of Saint John in 2016 has achieved accumulated savings of approximately $3.5 million in the past six years. Continued effort to further develop an Enterprise Risk Management platform will be required or future savings will be eroded. PREVIOUS RESOLUTION The 2022 renewal is in line with the approach previously established in previous insurance purchases. REPORT The proposal selected reflects a balanced approach to evaluating risks and the cost of risk transfer through insurance. Our rating experience continues to be in the preferred group according to our insurer and our Risk Management approach will lead to combined savings of over $3,500,000 since 2016. The premium increases are largely reflective of the broader insurance market and given the City's good loss experience, there may be opportunities to further optimize the insurance purchase to provide better return for taxpayers. The following table on the next page illustrates the coverage limits, deductibles and premiums associated with this renewal. 6191 -3- Coverage Limits for 2022 2021 2022 2022 Deductible Premium Premium General Liability (including 50,000,000 500,000 453,331 492,575 Excess and Environmental) D&O (Aquatic 5,025 Centre) 21000,000 15,000 4,296 Crime 1,000,000 Nil 2,775 4,472 21000,000 / 100,000 / 82,637 Cyber Liability 51,766 1,000,000 500,000 Owned 515,328 Automobile 50,000,000 5,000 464,967 Property 441,199,457 50,000 416,617 471,224 Transit Excess 118,519 Agency fee 29,650 30,000 Total 1,437,920 $1,719,780 Changes for 2022 Procurement Due to the hard market conditions, many insurers have removed themselves from offering insurance in many lines. Many have decided to focus on core business and implement strong underwriting practices. Our previous insurer, AIG, has withdrawn from our market and our broker offered our business to eight different companies with Zurich providing the best response and, in some lines, the only response to our renewal. AIG continues to offer the Cyber Insurance coverage. With the market stabilizing and insurers focusing on strong underwriting, the City should return to the open market via a Request For Proposals process in 2022. The City's loss ratios continue to be favourable and may elicit other responses. There are areas of concern that require some internal efforts to evaluate the cost/benefit of continuing to seek insurance or look at other risk mitigation techniques like self-insurance and using a reserve to soften large losses. Cyber Liability Cyber insurance provides coverage for things such as Security and Privacy Liability, Network Interruption, Event Management, Cyber Extortion and Ransomware. While many municipalities and private entities are no longer able to obtain Cyber insurance, the City's overall cost of Cyber insurance has nearly tripled in three years and the Ransomware coverage has decreased by 50% to $1,000,000 with a 50% co-insurance clause and a $50,000 deductible. It is encouraging that our existing insurer is still willing to offer us this coverage reflecting the confidence in 67� -4- our security efforts, the cost/benefit of this insurance must be evaluated in the future and determine if the investment is better made into systems rather than insurance. Property Premium The City's total value of property insured has changed from $432,683,092 to $441,199,457. The combined effect of increases in value and the rate increase yields an overall premium increase of 14.22%. The insurer noted that this is mostly due to market conditions where annual cost of flooding has risen from 250 million in 1983 to over 1.8 billion in 2020. The policy wordings will have to be carefully examined to ensure reflection of proper rebuild cost for buildings such as the City Market and Carleton Community Centre. Also of note, any building at risk of storm surge, such as TD Station, has been offered flood coverage only with a $500,000 deductible. Automobile Premium The rates for individual vehicle classes (fire, police, non -emergency etc.) have all increased by approximately 11%. This trend is aligned with recent applications by other automobile insurers in New Brunswick where claim costs have driven up premiums. Our experience is no different than the broader industry but also reflects a troubling development in the Transit industry in Ontario. Transit A specific Transit Excess Insurance premium is being imposed in 2022. This will add $118,519 in insurance premium expenses for Transit. The first 5 million in coverage is provided by the automobile insurer but the regular excess insurance carrier that extends our liability limits to 45 million has declined to provide excess limits to Transit. As part of the evaluation in 2022, the City will examine diverting this investment into a reserve to deal with catastrophic losses rather than insurance coverage. STRATEGIC ALIGNMENT This purchase is necessary to continue to protect the City's Economic Health and to protect City assets. SERVICEAND FINANCIAL OUTCOMES As a result of the 2016 RFP, each facility and fleet vehicle experienced a reduction in costs to operate along with a substantial reduction to the general fund liability insurance and these savings will continue with the 2022 renewal. We have maintained these savings with pro -active Risk Management techniques working together with each department to closely monitor our experiences and losses. The efforts have created positive outcomes for service areas and citizens combined (less claims, less payments, lower premiums etc.) and has produced a 6'tl -5- favourable loss ratio that still places the City in the "A" book of business with our insurer. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS None ATTACHMENTS 611:3 Saint John Comite des Board of Police commissaires de Commissioners police de Saint John January 5, 2022 Mayor Donna Reardon and Members of Common Council P. O. Box 1971 Saint John, NB E2L 4L 1 Dear Mayor Reardon and Councillors: 1 Peel Plaza, E2L OEl P.O. Box 1971 Saint John, NB E2L 4L1 Tel: (506) 648-3324 Fax: (506) 648-3304 1 Peel Plaza, E2L OE1 Case postale 1971 Saint John, N.-B. E2L 4L1 Tel: (506) 648-3324 Telec: (506) 648-3304 RE: Saint John Board of Police Commissioners — 2022 Election of Officers Every January, elections are required pursuant to the saint John Board of Police Commissioners Procedural By -Laws to elect members to act as Chair, Vice -Chair and Secretary, and they shall be the signing officers for the Board and sit on the Executive Committee. At the January 4, 2022, Saint John Board of Police Commissioners meeting, the following are the newly elected members: Chair — Douglas Jones Vice -Chair — Tamara Kelly Secretary — Katelin Dean Sincerely, Douglas Jones, Chair Saint John Board of Police Commissioners DJ:dw cc: Cst. Duane Squires, President, Saint John Police Association (SJPA) 611%] - 4 f uoW 4 4 • th OlV a-+ >� Leo= m._ +, E cn" N a� E +1 MW'> CL 0 cn _ ._=crica ,_ iV LM 4� 0LM s CL44 �� T)4m, �c 0 CV CV -0 0 O cq E !a- qy s O o c- y O CV Q1 = Z'co q, O M W cn 41 r (j U 3 lJ �+ lJ 0 4? 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Our community is highly regarded and our people are proud ambassadors, as measured by a positive change related to pride of place over 2022 baseline. OUR ROLE - CORE SERVICES & PLATFORM METHODOLOGY Envision Saint John is the region's sales, marketing, and support engine strategically focused on attracting people, visitors, business, and investment. We are convening platforms, which are forums that engage stakeholders to collaborate on strategic areas of opportunity to drive lasting and sustainable growth outcomes. Platforms can be multi -year in nature with a combination of short, medium, and long-term outcomes. We will also be identifying and leading sprint platforms, which will be highly focused with accelerated deadlines, and more immediate impact. Specifically, we will: • Map ecosystems and convene strategic platforms for areas of opportunity, set specific growth goals, projects and timelines. • Bring the right people to the table and identify clear objectives - act as a catalyst and convenor to accelerate the work. • Lead a collective approach to solve both complex and acute problems. Inform investors on platform performance at regular intervals and celebrate wins to the broader community. Criteria for Agency Engagement: When evaluating potential platform opportunities to determine allocation of resource and influence, the Agency will be using a combination of the following criteria: • Aligns with at least one of the Agency's 10-year outcomes. • Aligns with Agency Value Proposition & Guiding Principles. • Supports Agency Strategic Priorities: Growth Readiness, Talent Attraction & Pipeline, and Entrepreneurship & Business Growth. • Leverages Agency Core Services. • Engages the ecosystem partners (relevant to their pressing issues). • Adds value and return on investment. • Reinforced by meaningful data. OUR PERFORMANCE MEASUREMENT & EVALUATION FRAMEWORK We have designed a performance measurement and evaluation framework appropriately calibrated to the complexity of this challenge and for the innovation the platform model represents. This includes a whole -system approach and the recognition all partners and ecosystems have accountabilities for success. The measurement system itself will be evaluated and upgraded regularly. Three Distinct Phases of Work The intent and focus of the measurement framework changes at each phase. The primary intent of Phase One is: • Build the conditions for success. • Develop the necessary supports and infrastructure. • Detail the specific goals and objectives of each platform and how these connect to the larger objectives. • Test and adapt the overall methodology. The activities in Phase One will inform future phases, including focus on efficiency and effectiveness and our ability to harvest and scale. Three Distinct Approaches to Measure Progress Agency Performance: What are the things we are accountable for, that we can impact, and that we will achieve? Platform Performance: Platform accountability and effectiveness rests with the platform ecosystem partners. Goals and strategies are defined by the platform and tied to 10-year outcomes. • Platform Methodology Evaluation: This is how we do the work, learn and adjust to do things better, and apply the learning to each platform. System issues will manifest in the platforms. IFFININI"Im SHIMmUFNS MV-15JUENM AGENCY PERFORMANCE PLATFORM PERFORMANCE PLATFORM METHODOLOGY EVALUATION Development Indicators: Learn, Adapt, Develop and Test Agency KPIs: Year 1 KPIs: How is the Agency effectively Fiscal Accountability 6 clearly defined platforms with a leveraging the platform methodology: • Annual audit. minimum of 3 achieving outcomes. How do we effectively help platforms to • Annual balanced budget. 5 sprint platforms completed. integrate measurement into their work? • Annual plan. Year 2 KPIs: How do we enable the following Secured funding. 4 additional platforms defined. principals in the work: Relevance, Performance Management A minimum of 6 platforms achieving Transparency, Whole System View, Annual individual employee work -plans outcomes. Honest and Integrity? with KPIs. 10 additional sprint platforms completed. How can we effectively support the novel 3 formal employee check -ins per year to Platform Activities & Outputs composition of platforms? focus on objectives and results. Standardized platform evaluation Does the platform draw the partners in Employee Engagement process: an engaging way? 90% participation in employee survey. Criteria review What are the most effective convening • 90% recommend Envision Saint John as a Bi-annual evaluation strategies? Idea development processes? place to work. Post-mortem Implementation supports? Quarterly impact reports. How do we assess readiness and then Each platform will have outcomes that stimulate the right conditions for success reflect: within a platform? 1. Agency efforts achieved results. What else is needed to effectively 2. Partners in ecosystem benefited from resource the platforms? activity/service. 3. Agency is generating desired effects (indicators that drive 10-year outcomes). Growth • Build on Phase 1. Indicators: Effectiveness and Efficiency A minimum of 10 platforms achieving Platform methodology is more effective • Attach metrics to the growth outcomes. identified outcomes. and efficient. • Solidify Phase 3 metrics. Platforms seeing breakthrough results. Growth Indicators: Harvest Detailed measures to outcomes. More detailed and specific targets that Platform methodology is fully operational drive the 10-year outcomes. and transcending the work. REGIONAL GROWTH DASHBOARD The Agency will develop a Regional Growth Dashboard with meaningful metrics that will provide insight into the health and growth of our region, including economic and social growth indicators. These metrics will reflect 0 the collaborative efforts of the region. ACTIVITY TIMING Launch Regional Growth Dashboard 1.0. By end of 2021 Development for 2.0 2022 • Identify/recruit dedicated internal resource. Develop requirements for Dashboard 2.0. • RFP to build site. Regional Growth Dashboard 2.0. By end of 2022 72e platform activities to Regional Growth 2023+ Dashboard 3.0. Staff Recommendation for Council Resolution Property: 166 Leinster Street Public Hearing: January 10, 2022 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 15t and 2nd reading to an Amendment Amendment to the Zoning by-law which amends Schedule G to the By -Law to increase the maximum building height of PID Number 55203368 from 14 meters to 20.6 meters. Other No 3rd Reading Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1St and 2nd reading to an Amendment Amendment to the Zoning by-law which amends Schedule G to the By -Law to increase the maximum building height of PID Number 55203368 from 14 meters to 20.6 meters. Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No rKj iho CLt ■ O � � LM a _� OWE M-111� 6 KAV"I-jr L0,77= mommobb �- 13 0 0 =a LM =1 a� 0 z 08 N 1 Y iri. ^• ii1 4! - Lt m m a CD a CD y} C7 6 a a a a a a O s .Y 3 2 a a a is 00 e U LL 1 � 1 C 75 CL 9 CL t N Q co CL y � � N 1 O N 'Cl) U Cl) Cl) c u •a). O L- C/) CU m co cn cm Ua) � O 0 m ca m c N _ -0 cn - _ � a)C � 0 cm O0 c � CU M O O a) O }' }' • E E cn N a) cn •E U cr c CM x c a)Cn N ca E 0 > Q CU O 0 0 Ni 0) cn 0) •_0 E Z3 Z do a) x C) a) _0 0 o _0 a) E a) E -3 O -0 C: 0 -�-j E 0- a) x 0 E < 75 E a W U n- a) O U _N � N E N N N E +� +- U � T U O .cn Q � a c N Q N E cn co L -o N N E cY) N O a) O > O E N cn L L cn N T O N .cn N cn N U .cn N E Q O N N O T O .� N E E D E .C: .E N U Q cn .a) E m Ncn 'Z N N E +� O N }' U cn z3 N N N rY E M. O E O cn cn N N cn cn N U f� 0) f� Q N O 0) M o� oN O C- O � N (1) O En E cn 0 o ca � a� � U om � N C: (1) QL a) 0 �o C: IZ— Oo �N CL .0 a- Q- O O0 O O N 4- cn E 0-0 o a) a) 0 c O LU �•� O O C6� O cn -0 -0 0 � O 1 a) O U U 4--j O a) O � 0 Z Cl) O — U C/) 0 O cn-0 Q :3 J O � E 11 Ll Q) buo ca O O C V .� w C: -0 GE Ln -0 j (3) 0- u Q V �. Q (v •� E -w a f� > C 7�11 - i. ffff iy/aft ! 0 rwL 0 L a PLANNING ADVISORY COMMITTEE December 15, 2021 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By-law Amendment and Variance Application 166 Leinster Street On November 15, 2021, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its December 14, 2021, meeting. Mr. Peter MacKenzie, of Comeau MacKenzie Architecture, the project architect appeared before the Committee and expressed agreement with Staff Recommendation. With respect to the variance to reduce the required area covered by windows with clear glass from 15 percent to approximately 13 percent on the Princess Street fagade, Mr. MacKenzie noted they will not be requiring this variance and will be designing the fagade to meet the 15 percent standard. .2k^11 The City of Saint John Responding to questions from Committee members, Mr. MacKenzie noted the provision of a step back on the upper floor would significantly reduce the available floor area of the upper floor and that the building footprint is already constrained due to the size and configuration of the site. He also noted the detailed design of the site would incorporate a walkway serving the access stairs along the Crown Street fagade. He again confirmed they will be designing the Princess Street fagade to meet the 15% window opening requirement. The Chair and other members noted to staff that this application was one of several over the past year seeking to reduce the step back requirement and increase the building height. They asked if these requirements would be reviewed in the near future. No other persons appeared before the Committee and one letter was received regarding the application. Page 1 of 2 88 Comeau MacKenzie Architecture 166 Leinster Street December 15, 2021 Following consideration of the presentations, letter, and Staff report, the Committee adopted a motion to recommend that Common Council adopt the height map amendment. The Committee also approved variances relating to the step back and dimensions of the proposed amenity space within the building. RECOMMENDATION: That Common Council amend Schedule G of the Zoning By-law and increase the maximum building height from 14-metres to 20.6-metres for the parcel of land having an area of approximately 1365 square metres, located at 166 Leinster Street, also identified as PID Number 55203368. Respectfully submitted, Alex Weaver -Crawford Chair Attachments Page 2 of 2 89 The City of Saint Jahn Date: December 10, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: December 14, 2021 SUBJECT Applicant: Comeau MacKenzie Architecture Landowner: 626274 NB Limited Location: 166 Leinster Street PID: 55203368 Plan Designation: Medium to High Density Residential Existing Zoning: Urban Centre Residential (RC) Proposed Zoning: Urban Centre Residential (RC) Application Type: Zoning By-law Amendment and Variances Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law. Common Council will consider the Committee's recommendation at a public hearing on Monday, January 10, 2022. The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. The Committee can impose conditions. Page 1 of 7 go Comeau MacKenzie Architecture 166 Leinster Street December 10, 2021 EXECUTIVE SUMMARY The applicant is proposing to construct a 6-storey, 35-unit multiple dwelling. The proposal requires an amendment to the Zoning By-law's Central Peninsula Height Map to increase the maximum building height at the site from 14-metres to 20.6 -metres. Committee variances are required to remove the step back requirement at the 14-metre elevation, reduce the percentage of fagade covered in clear glass windows, and to adjust the minimum amenity space dimensions. Additional variances will be considered separately by the Development Officer. RECOMMENDATION 1. That Common Council amend Schedule G of the Zoning By-law and increase the maximum building height from 14-metres to 20.6-metres for the parcel of land having an area of approximately 1365 square metres, located at 166 Leinster Street, also identified as PID Number 55203368. 2. That the Planning Advisory Committee grant a variance to Section 15.2(a) of the Central Peninsula Building Height and Massing Overlay (CPO) zone to allow for the proposed building to be developed without the provision of 3-metre fagade step backs at the 14- metre elevation. 3. That the Planning Advisory Committee grant a variance to Section 10.1(3)(m)(ii) of the Urban Centre Residential (RC) Zone to allow for the proposed building to reduce the required area covered by windows with clear glass from 15 percent to approximately 13 percent. 4. That the Planning Advisory Committee grant a variance to Section 6.3(c) of the Zoning By-law to reduce the required amenity space minimum dimension from 6-metres to approximately 5-metres. 5. That the above variances from the Zoning By -Law be subject to the following condition: the planting of a minimum of one tree or shrub for every 45 square metres of required front yard along the Princess Street, Leinster Street and Crown Street frontages provided at least 50 percent of the required plants are trees, and that the plans submitted with the building permit application detail this landscaping. DECISION HISTORY There are no known decisions involving the subject site. ANALYSIS Proposal The applicant is proposing to construct a 6-storey, 35-unit multiple dwelling on a vacant lot with frontages on Crown, Princess, and Leinster Streets. The proposed building provides 15 underground parking spaces and 3 surface parking spaces, underground bicycle parking, and Page 2 of 7 Ti Comeau MacKenzie Architecture 166 Leinster Street December 10, 2021 shared fitness room. The building is proposed to be made up of market units, with 6 one - bedroom units, and 29 two -bedroom units. The building has an overall height of 20.6-metres from average grade based on a height of approximately 19.06-metres on the Leinster Street side and approximately 22.21-metres on the Princess Street side. Site and Neighbourhood The subject site is a vacant lot in the City's South End Neighbourhood, a historic urban neighbourhood adjacent to the City's centre. The subject site is bound on the north by Leinster Street, on the south by Princess Street, and on the east by Crown Street. Both Princess and Leinster Streets slope towards Crown Street, creating an average elevation change of approximately 2-metres from the western edge of the subject site to the Crown Street frontage. The surrounding development pattern is residential, with a mixture of unit counts and typologies including single unit, two unit, and semi-detached dwellings, and purposely built and converted multiple dwellings. Although the subject site is not within a registered Heritage Conservation Area, the surrounding built form is characterized by its historic, compact residential development pattern. The buildings in the surrounding area range from two to four storeys in height with a mixture of materials represented including masonry, wood cladding and shingles, and vinyl siding. Buildings in the surrounding area have minimal setback from the street, with minimal or no side yard separation between buildings. There is a railway line located to the east of the site, across the Crown Street right-of-way and running along the coastline terminating at the Potash Terminal located at the southern -most extent of the City's Central Peninsula. To the east of the railway line is Courtenay Bay Channel, which will provide some of the units with a water view. The subject property also benefits from its location within the Central Peninsula. The property is located within one block of a transit stop, which provides greater connectivity to the broader city. The residents will also benefit from the proximity to a variety of community spaces, community and government services and countless local businesses. This includes King's Square, the Loyalist Burial Ground, and Service New Brunswick, and the broader Uptown Core. Municipal Plan, Secondary Plan and Zoning Municipal Plan The area is designated Medium to High Density Residential in the Municipal Plan. The Medium to High Density Residential designation is intended for higher density housing forms including multiple dwellings such as the one proposed for the subject site. The site is also within an Urban Neighbourhood Intensification Area in the Municipal Plan which describes neighbourhoods that are appropriate for re -urbanization and increased residential density. These neighbourhoods are expected to capture nearly half of the targeted future growth and development in the City over the horizon of the Municipal Plan. Page 3 of 7 92 Comeau MacKenzie Architecture 166 Leinster Street December 10, 2021 Central Peninsula Secondary Plan (CPSP) The area is identified as being within the South End Neighbourhood in the CPSP. The South End Neighbourhood is described as the Central Peninsula's stable residential neighbourhood and is positioned for contextually appropriate, increasingly dense residential infill projects. The CPSP directs new development to be designed with minimal setbacks and complementary design characteristics to reinforce the South End as a dense, urban neighbourhood. The proposed development meets the general intent of both the Municipal Plan and the CPSP. A municipal and secondary plan policy review as undertaken as part of the application review and analysis. The policy review can be found in Attachment 2. Zoning By -Law The subject site is within the Urban Centre Residential (RC) zone and the Central Peninsula Building Height and Massing Overlay (CPO) zone. The proposed development meets the spirit of both zones however, it will require a total of 11 variances from zone standards. These variances will be considered through PAC and Development Officer approval and are described in the table below. Amendment to the Height Map The Zoning By-law's Central Peninsula Height Map applies a 14-metre height limit to areas outside of the Uptown as a guideline to ensure future development is assessed for compatibility. Typical urban design best practice is a 1:1 ratio of street width (measured from building face to building face) to the height of the street wall except where a building frames an open space, such as Kings Square, where a ratio providing a higher building height is preferred. This section of Crown Street is a single loaded street with no buildings along the east side of the street, which also provides for a ratio which allows for greater building height as there is no sense of enclosure to be impacted by the additional height. The 1:1 ratio relating building height and street width allows for continued enjoyment of the pedestrian environment as it considers natural light filtration and limits wind tunneling. The sloping topography should also be considered when evaluating the proposed 20.6-metre building height in the context of the neighbouring buildings. The highest elevation along the western property boundary is 23.5- metres. The elevation at the corner of Princess and Crown Streets is approximately 18.5- metres, and 20.5-metres at the corner of Leinster and Crown Streets. It can be assumed that the 3 to 5 metre change in elevation will decrease somewhat through site preparation and grading however, it can also be assumed that the change in elevation will decrease the impact of the building height on the surrounding context. Based on the topography of the site, the height of the proposed development will appear shorter in height, and this will lessen the appearance of the overall scale of the building. In addition, the conceptual design of the building proposes the establishment of a distinct base, middle and top of the building. The cladding of the building will be cementitious paneling. The ground floor is a dark grey colour featuring a distinct patterning on the panel. The middle storeys (2-4) will feature a light grey smooth panelling and the upper two -storeys will feature a white smooth panelling. The design elements serve to not only establish the ground floor as a Page 4 of 7 Comeau MacKenzie Architecture 166 Leinster Street December 10, 2021 pedestrian scaled street wall, but to create a visual break throughout the building. Building cladding will be cementitious materials on all four sides, which exceed the requirements of the RC zone which only require specific materials on the front or flankage facades. The proposed increase in height from 14-metres to 20.6-metres is supportable as it is in keeping with the intention of the Zoning By -Law and the policy direction of the Municipal and Secondary Plan. PAC Variances The following variances from the standards of the Zoning By-law are required to be considered by the PAC through the legislative jurisdiction provided to them under the Community Planning Act: Standard Proposed Description 6.3(c) When outdoor landscaping or an indoor 5-metres Reduce the proposed width area is provided as required common amenity of the fitness room area to space it shall have no dimension less than six approximately 5-metres. metres. 10.1(3)(m) Shall have at least 15 percent of its 13% Reduce the amount of area area covered by windows with clear glass cover in windows with clear glass by 2%. 15.2(a) Buildings oriented towards a street that 0 step Remove the required step are greater than 14 metres in height shall have a back back at 14-metres. minimum step back at 14 metres for any additional storey(s). The step back shall have a minimum depth of three metres away from the street facing front fagade. The proposed fitness room layout includes a nook -type area that measures 4.5-metres by 5- metres. The remainder of the proposed fitness room meets the 6-metres minimum dimension described in the Zoning By-law. Varying the size of rooms falls within the Committee's jurisdiction under the Community Planning Act. The Community Planning Act requires the Committee's input when the design, character, and appearance of buildings is requested to be varied from the Zoning By-law standard. The requested reduction in the percentage of the fagade covered with clear windows is minimal and primarily caused by limited windows along the west elevation of the building. The west elevation shares a property line with a multiple unit. The multiple units have amenity space and parking facing the shared property line. The proposed building appears to be designed with unit windows primarily facing the street frontages. The removal of the required step back at 14-metres is considered a building design variance and, therefore, falls within the jurisdiction of the Committee. This variance is supportable considering the overall height and massing of the building does not appear to impact the pedestrian experience. The intention of this requirement is to ensure the public realm is Page 5 of 7 S4 Comeau MacKenzie Architecture 166 Leinster Street December 10, 2021 protected and enhanced by infill developments. This specific section of Crown Street is undeveloped along its eastern edge. There is a rail line below the street grade along this section of Crown Street and therefore it is unlikely to be subject to infill development in the future. This absence of a street wall further supports the removal of the step back requirement as the area is open to natural light and will not be subject to shadows from cross street buildings. As a condition of the PAC variance approvals, Staff recommend a condition requiring enhanced landscaping along the three Public Street frontages of the site. Development Officer Variances Variances related to parking and access standards, lot area and setbacks will be considered by the Development Officer through the legislative jurisdiction provided to them under the Community Planning Act: Conclusion Staff recommend approval of the amendment to the Zoning By-law's Central Peninsula Height Map to permit a 20.6-metre building at the subject site. Staff are recommending the Committee approve the requested variances to remove the step back at the 14-metre elevation, the reduction in amenity space dimension, and the reduction in percentage of fagade area covered by clear glass windows. ALTERNATIVES AND OTHER CONSIDERATIONS Given the jurisdiction provided to the Committee by the Community Planning Act, the Committee has the authority to formulate alternatives to Staff's recommendation or impose conditions. ENGAGEMENT Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on December 1, 2021. Notice of the Public Hearing for the Zoning By -Law amendment will be posted on the City of Saint John website prior to December 20, 2021. APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Jennifer Brown, Dillon Consulting Jennifer Kirchner, RPP, MCIP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 21-0220 Page 6 of 7 9B Comeau MacKenzie Architecture 166 Leinster Street December 10, 2021 APPENDIX Map 1: Airphoto Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan and Secondary Plan Policy Review Submission 1: Site Plan Submission 2: Floor Plan Submission 3: Elevations and Coloured Rendering Page 7 of 7 ■ t b � 1 t LO co oho O p rl- LO N �j ch v o 0 o 0 `m m 09 a 0 0 U_ CO 0 0 Z O O c� cu a aD E CL 0 aD aD 0 ccu E 0 A cQ Q CN 0 C/) 0- ON O N - R. 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If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * I am writing regarding the recent information I received for a variance on building height for the above PID. First of all let me say I am very supportive of this project. It is great to see vacant lots in the uptown area finally be filled with high quality multi -tenant offerings. However, I have to object to the height variance. Speaking as someone who has invested recently in property uptown including several thousand dollars on a deck for a view of the water, this will potentially impair my view and that of other people who have invested in their properties to take advantage of the wonderful views offered from the uptown peninsula. I am not familiar with Saint John uptown bylaws for building height. However I do feel sightlines should be maintained in the uptown area for existing property owners to as reasonable extent as possible. Does the city have a sightline plan similar to Halifax to preserve certain lines? This would allow developers more clarity when planning their developments. We already have the unused potash terminal at the head of the Harbour impeding the view lines for all those around. As far as I am aware we have projects planned for the waterfront on Water St. and on the old Sugar refinery property which will also involve buildings which will reduce sight lines to the Harbour for those living in the city. I think before granting variances for height, the city needs a clear plan on how it will maintain sight lines for the benefit of those that live and work uptown and to preserve the character of the city. Surrounding the uptown in a wall of buildings will not do this. To reiterate, I support this project. But but the city needs a plan in place first (if it doesn't have one) to preserve the water view for those working and living uptown. This is a resource we all share. John Simon Phone: 506-645-1448 Email: _icnsimon a4Xahoo.com MIKA,@] onestopCc�saintjohn.ca Phone: 658-291 1 Fax: 632-61 R9 C—ITY OF SAINT wOHN LOCATION CIVIC ADDRESS : I ' (' (. L t�s%� ST. PID #: 55Z 03-36 0 w HERITAGEAREA: YJN INTENSIFICATION AREA: YJN FLOOD RISK AREA: Y j N APPROVED GRADING PLAN: Y f N LL a APPLICATION #: DATE RECEIVED: i°- V) RECEIVED BY: APPLICANT EMAI L PHONE GOMEA.cA M�GI(.��'`1Zll� ��2GNtT�CU.lZ� Vv)'a�IG�•r'G�. �,ri�VI�. lib. 0 Q MAILING ADDRESS It3 G�tarl0�ge S`i'. POSTAL CODE `jaiv�t �vl��, ►�6 Z� oGZ 6 65? 1 1 CONTRACTOR EMAIL PHONE 0 TAD i— MAILING ADDRESS POSTAL CODE Z <t OWNER EMAIL PHONE 6262-74 e-co�� ih5`f "ou�'S Ga I C,r . MAILING ADDRESS �-67 Pelf. POSTAL CODE 5aiy)`(; tzK sH6 PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE �1NTERIOR RENOVATION EW CONSTRUCTION ARIANCE 11STREETEXCAVATION HERITAGE DEVELOPMENT 11 �EXTERIORRENOVATION �ACCESSORYBLDG []PLANNING []DRIVEWAY 11HERITAGESIGN ADDITION POOL �ACAPPLICATION DRAINAGE �HERITAGEINFILL Q 7DECK DEMOLITION IeUNCILAPP WATER & SEWERAGE ❑,HERITAGEDEMO nCHANGEOFUSE SIGN SUBDIVISION OTHER OTHER S v MINIMUM STANDARDS ❑OTHER OTHER ,L Gv�is-c�2u.GTi 0" car- a r�J 6 STc�2� Y + � rat �n�,`T s L4)4 cT o +•t YL2 i�Y a�1T at 149 LF+�c.3"I U I consent to the City of Saint John sending tome commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the Cit), of Saint John to deliver an existing program /service; the collection is limited to that which is necessary to deliver the program / service, Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarcdng the collection ofpersonal info-6-4 picric contact the Access Pri,• y oboe, City Hall Building 15 Market Square Saint John, NB E2L 1 E8 commonclerk(+ saini7ohn.ca (506) 658-2862 rac aryoPsa>ohn I, the undersigned hereby apply for the permit(s) or approvol(s), indicated, above for the work described on plans, submissions and forms herewith', submitted. This application includes all relevant documentation necessary for, the applied for permit(s) or approval(s). I agree to comply with the plans,', specifications and further agree to comply with all relevant City By-laws and conditions imposed. i Applicant Name I' Applicant Sig T t e 1 S off" 2021 Date ca 121 2 Variance application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS APPLICATION # FEE PAID - Y I N TYPE OF APPLICATION ❑ Tier 1 & 2 Variance EPAC Variance Variance considered by the Development Officer Variance considered by the Planning Advisory Committee Application Fee: $200 for up to five variances plus $50 Application Fee: $400 for up to five variances plus $100 for each additional variance beyond five for each additional variance beyond five DETAILED} DESCRIPTION OF APPLICATION Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. P2vJ �GT GYZAW tN G,S .4s Ai'�.gC�-� UVlti mgc i C) C44T14L C Kkot✓e Y4 cNmLa 2o"e-, 44EvAHT wmi-r-Tnnt-� VA2tAK 'Tv Uj SIZE Me ZUTAL ISENZWK LUT Rpr-4-qo E t -( JAab ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting -the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. utho t e ent Additional Registered Owner T�Ci , Register caner or g g 1 Oc 2oz Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. vai iai we n�Nuvauui i r vi i, i <vc i w v � `PA 3 0 h Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I ' Gb ( f4t,4GVCQ Sl • APPLICATION I FEE PAID I Y N I TYPE OF APPLICATION I ❑Land for Public Purposes Release Application Fee: $350 Section 59 Amendment Application Fee: $2,650 ❑Non -Conforming Use Application Fee: $250 ❑ Zoning By-law Amendment Application Fee: $2,650 Satisfactory Servicing Application Fee: $350 ❑Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohrt_f-a for further information, r97,03rcGT 1 t)0440t -4ac> AS .aiT 6,HEr D 35 UMIT 1EESID rE_kTw.L. C0M,P4 f-X ACGuAL f3t.x 1�1.o6w, �- Lr-AN STvM NNt Li uJ S7 PrLIN6css A G2ou1 ENCUMBRANCES 1 Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Otnef or Aut r 0 nt Additional Registered Owner l5C-1161742oZ( Date Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. 123 % �9 j�iaim 4 0� og�` — �L332i,LS 2I3,LSfQI34 °.�I yet o a a vn3aie om ;� a .2 a* _----- __ - ------ _ �aaeoa I loll Boa �92 a� o o � J o � i I 2 xi� E i1 o z —60 I Iq i fi i1 �I ii Ire III p o o JJ 9.�6 Ew°s°e I I° e o E Eo o o ol m ❑ z —ate o w y N a 3 y F O Z LL U O a H �oz E I I Ory 0 oo K m d UOm�U f ❑ Q o�Nao rc z - o aOQ — — — JrcOOf 1 p ❑ _ m . o o z z u s o 'he I� m —U u ❑ U' ea wwooss --- a � m 5 �p=p I oe m w�oa S$jMAd �5--------------- --e ea ,, -- wry" �w aax,: Viz' a Uzyl- N Q .PZE d� Po III II zw lo UL — z oos ez o w� p I z ¢ BBti EZ 0 au� w a e .. o El ezeza �I o 0 0 I — I --- of lolo 0 r El o ® o o -- Odd 71L, I L-- - — — — - r----- ®� I - 10 ao — I� 0 s m LLw I wo II �0 Q lo3 a O _ U m Q I IL______ II K �•/OV Z � ��Z-�8 �� W ------------- O wo O I® T.LLl- �� F y K h Z5 ¢ OHO J Z Z r IIII N d Q ¢ A ��"E ��P�OI zUU r Uz III K F I I N U Z Z O 8 G w i IIIIII�IIWIIIIW�I.W10W�1I.W10W�1I1W11 WWIIIIII.II�III.I1I0.I�I1I.IWI.�I.IIIIIIO.�I.IIIIIII.I�IIII.IIWOW�I.IIIO.I�.II.IIIO.�I.IIAIWI.�WIIIIII.I1�1I1.1110-�11.1110.�1.1111111.1 �_��w�I_p■■_II�®®��®®®�®®®�W�IIIIII■I�III�I■l�IIlIIl�IIIIIIIlIIlIIIII■■®®®IIl�s��iIII0IluIIIDIIII1-IlIII ■■■ LLW�—I1I�I=�1�I�I�II��®®®I®®®I�IIIIIIIII�IIIIIIIIIlIIIIIIIIIIlIIII®Im®mmlIIIlI IIs�LLI�n�NIDnVVOGNdnII ' ■■� LLI��II-1�I=I�III��®®I®B®II�II�IIII1II1IIIIIl1IlIIIIII1II1IlI�III®1®m®IIIlI II�i�LLINn�NDn0OGNdnII ■' ■■� LLIII—II-1�I=I.I�I�IIIB®®®®®®�I �.�.iIIIIIIII1III�I'IWIIIIIII1IIIIII®I®®®IIIIlI II�i�.IIIIIIIIIIIIII �'■■LL I�—II-1�I=II.�I�II�I�®®I®®I�WWIIII1IIII1iIIl1I'IIII1IIII1IlIIII�®1m®®m®IIIIlI iII�i�INnVN0nVV0OGNdnII ■■' ■■ILL.�I1��I= ��®®®®®—�. �'I��■iI�IIII1IISl� 111�—m��I�II�� 1 �� i1I��s�� IIII1II1m®I®®II IlI I NI ■®�I■II■II■III■uI �1WuIlII,lIn■1 w aim dFa a ^ \\ I IN + -11+ O vy I I I v o I I I p III \ III A I I I pN II I II vv I I I O I I I I I vv v III m w w aK o� "OH o III ow z J I I I #-i� II II II .P� A D O O I I I o U y a Q U .r�m .r�m .r�m .r�m .r�m DIVA xo lo M Es LLILL r E .ILL m LL III III III \\ O N Q I I �I �Po III r III I ror .- . .� ■ HIM- Zo 32 ML ■ t `Proposed Zoning By-law Amendment Re: 166 Leinster Street Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its meeting to be held on Monday, January 10, 2022, at 6:30 p.m., by: Amending Schedule "G" Central Peninsula Maximum Building Heights, by increasing the maximum building height of PID Number 55203368 from 14 metres to 20.6 metres. Reason for Change: To construct a multiple unit dwelling. The public hearing may be held virtually, or in the Council Chamber, or in the Council Chamber with remote participation for applicants and the public. For details on how to participate in the public hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 `N Projet de Modification de I'arrete de zonage Objet : 166, rue Leinster Avis public est par la presente donne que le Conseil municipal de la Ville de Saint John a ('intention d'envisager la modification de I'Arrete de zonage de la Ville de Saint John comme suit au cours de la reunion qu'il tiendra le lundi 10 janvier 2022, a 18 h 30 : 1, La modification de I'annexe «G», Hauteurs maximales des batiments dans la peninsule centrale, en augmentant la hauteur maximale du batiment de NID 55203368 de 14 m a 20,6 metres. Raison de la Modification : Construire une habitation a logements multiples. La seance publique peut titre organisee de fagon virtuelle ou dans la salle du Conseil, ou dans la salle du Conseil avec une participation a distance pour les requerants et le public. Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent titre consultees en ligne a https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal `Bic] (506) 658-2862 ME BY-LAW NUMBER C.P. 1114 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 fifteenth day of December, A.D. 2014, is amended by: ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une 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 quinze (15) decembre 2014, est modifie par : Amending Schedule "G" Central 1. La modification de I'annexe «G», Peninsula Maximum Building Heights, by Hauteurs maximales des batiments increasing the maximum building height dans la peninsule centrale, en of PID Number 55203368 from 14 metres augmentant la hauteur maximale du to 20.6 metres. batiment de NID 55203368 de 14 m a 20,6 metres. 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 X day of January, A.D. 2022 and signed by: toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X janvier 2022, avec les signatures suivantes : iiBiel Mayor/Maire Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X Staff Recommendation for Council Resolution Property: 35 Water Street Public Hearing: January 10, 2022 Item Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1s' and 2" reading to an Amendment Amendment to the Zoning by-law which rezones a parcel of land having an area of approximately 2.5 hectares, located at 35 Water Street, also identified as PID Number 55235105 and 55235113, from Waterfront Commercial (CW) to Waterfront Commercial Integrated Development (CWID). That Common Council give 15` and 2nd reading to an Amendment to the Zoning by-law which rezones a parcel of land having an area of approximately 351 square metres, located at 35 Water Street, also identified as PID Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID). That Common Council give 15` and 2nd reading to an Amendment to the Zoning by-law which amends Schedule G to the By -Law to increase the maximum building height of PIDs 55221881, 55235105 and 55235113 from 28 and 42 meters to 70 meters. Other No 3rd Reading Item: Required: (Y/N) Recommendation Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law which rezones a parcel of land having an area of approximately 2.5 hectares, located at 35 Water Street, also identified as PID Number 55235105 and Ii19YA 55235113, from Waterfront Commercial (CW) to Waterfront Commercial Integrated Development (CWID). That Common Council give 3rd reading to an Amendment to the Zoning by-law which rezones a parcel of land having an area of approximately 351 square metres, located at 35 Water Street, also identified as PID Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID). That Common Council give 3rd reading to an Amendment to the Zoning by-law which amends Schedule G to the By -Law to increase the maximum building height of PIDs 55221881, 55235105 and 55235113 from 28 and 42 meters to 70 meters. Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, hereby discharges the 59 Conditions resolution adopted on May 7, 2012, imposed on the rezoning of a parcel of land located at 35 Water Street, also identified as being PID Number 55235105 and which was made pursuant to the provisions of Section 59 of the Community Planning Act in effect at the time (RSNB 1973 as amended). That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, hereby discharges the resolution adopted on December 2, 2019, imposed on the rezoning of a parcel of land located at 35 Water Street, also identified as being PID Number 55235113 and which was made pursuant to the provisions of Section 59 of the Community Planning Act in effect at the time (RSNB 1973 as amended). Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 3.0 hectares, located at 35 Water Street, also identified as being PID Numbers 55221881, 55235105 and 55235113: a. That the development of the site be limited to the applicant's proposal for a mixed -use development li1c1:3 having a maximum floor area of 69,700 square metres plus an internal parkade including a minimum of 350 parking spaces and a maximum of 677 dwelling units as generally outlined on the plans submitted with the application. b. That only Phase 1 (the southeast building) of the development be permitted on the basis of this resolution and that prior to beginning construction on any future phases of this development, that the City shall grant further approvals and impose any additional conditions on such future phases of this development through an amendment to these conditions. c. That the heights of the proposed buildings be between 6 storeys (25 metres) to 19 storeys (70 metres) as outlined on the plans submitted with the application. d. That the massing of the proposed development be generally as outlined on the plans submitted with the application. e. That the uses within the proposed development be limited to the following: • Commercial Uses, including but not limited to a Business Office, Retail, Commercial Entertainment, Personal Service, Restaurant, and Accommodation/Hotel • Multiple Unit Dwelling(s) • Community Centre • Cultural Establishment • A Parking Garage • Surface Parking as outlined in the applicant's proposal for the site • Publicly Accessible Greenspace • The following as interim uses of undeveloped areas of the site as the phased development of the overall site is occurring: ■ a farmers' market or seasonal retail use; ■ special events and festivals held on the site on a temporary basis; ■ work associated with the replacement of the existing seawall along the waterfront frontage of the site and siteworks including the associated placement of fill on the site; and ■ a recreational use f. That the design considerations outlined in the Wind Study for the development to mitigate the wind impacts on the pedestrian environment around the building entrances and for the proposed upper -level terraces be implemented through the detailed design of the development and that confirmation of the effects of these mitigative measures be provided to the Development Officer with the Building Permit application. g. That the detailed design of the angled parking area and raised sidewalk along the west side of Water Street be subject to the review and approval by the City to ensure appropriate design measures are employed for aspects including landscaping, wayfinding, accessibility, parking operations and pedestrian circulation. h. That the following cladding materials be prohibited in the development: • Vinyl siding, • Plywood, ` 191 • Exterior insulation and finish systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block That the development incorporates the following minimum glazing percentages: • Minimum Allowable glazing percentages - Ground floor retail: 50-80%. • Minimum Allowable glazing percentages - Above - grade: 25-60%. That the development of the Rezoned Properties be in accordance with the provided Phasing Plan and proposed water and sewer demands provided per phase. Any proposed changes to the master Phasing Plan must be provided to and approved by the City, including any proposed changes to the water and sewer demands. Prior to the start of each Phase of development, the developer's engineering team shall confirm that the next phase of development corresponds to the submitted master Phasing Plan and the estimated water and sewer demands proposed for the site (all phases). If the proposal has changed (phasing or demands), the Developer shall not proceed to the next proposed phase until they have re -submitted their engineered water and sewer demands to the City to compare against the overall master site development plan. Prior to proceeding with each phase, the developer's engineering team must confirm the proposed flows are within the proposed master development plan submitted to the City during this re -zoning. k. That the developer grant any easements and/or rights -of -way requested by the City at the City's sole discretion, for all municipal infrastructure within the Rezoned Properties of and the relocated sidewalk along the west side of Water Street. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. I. That the recommendations from the Traffic Impact Study prepared by CBCL Limited be completed. These improvements include: ■ That a subsequent traffic assessment be completed following the initial phases of construction and the return of normal traffic conditions (after Phase 2 and before Phase 3) to verify the results of the submitted study. ■ Study recommendations related to the installation of Traffic Signals in conjunction with Phase 4 of the proposed development be updated based on the updated traffic assessment. ■ Construction of the elevated sidewalk during Phase 1 to remove the need for pedestrians to walk adjacent to Water Street traffic from the angled Water Street parking spaces and the adjacent sidewalk. m. If any municipal infrastructure improvements are required to service this proposal, it will be the developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. Section 59 No Agreement Section 131 No Agreement Other No k Y W L �I q Y Z wl'Sl I Z C 133UI$ a31VM IJE [h ~ 594 St 9tL -L'(b g1,y15 w6'V wars w'fi wb --- d 1£SYi9 INJgdB 5I'M159NINtlVd 9l es x A o II' e � 1 N-- - o R ms I O m L \ x E _ a U \ Re wZ� w O ^ p O -92 1 fts HAIIM .99V .Cb .9(V wZ1> wV'Ll w9'ES 2 � 8 �f'., we9l wSeC wsx S � e wEZ wZc r - wzsa 4 o= d� O CL L ,. E 0 CL 0 L a 0 CL 0 L a 00 N E O cn N CD Z cn cn N cn E m cn N c 4-1 a) a) E E E E CD CD CD N Q O N N O N -a L O O +� 0 O O .� N w N I O E � O �_ 70 U N7 E Q m m m m � � � O a)W W a) }, Z w Z w > E N N Q E LO 0) .C: O N N m Q O m a) L- cn a) ry LO N n LO LO ca N �cn 7t:f O cn FL CL O N O Q C O cn o N 0 O +� OCL L O O Q C: U m O L }, C ■� T O O o C c� o T O aD o > o o d- N N N '� CV O N Cy) ti E Ln a) co U N (6 N Lo I W CAI }' O O O � O � E +� N to O }' a)U .�� L >_ N a) a)C6 � Q O • o o O cn c� U� O cn •—cn O • � c)-OQ a- CN OO O Q Ul) Cq 0 �O }, � � m •c �N N ULO O U o O O 0--- o a) 04 _0 -1---j w E 0 -1---j C6 0- � •OCq Z a) cn o � U O a) oN E o �� to C6 U E O � " O O O O cn = cC: — cn 0 C: U Q O a-m " a) >% OEO.O O � � U O J O O Q J O T- 0 U OA.-O cn O O U .C: .cn x O cn O O U OD Ln PIS N Z 0 ca O QL O QL U O O -0--a O cn cn O cn ca O I � a� �Q O O c C6 U co 11 m cn O 0- 0 O O cn O cn O O ca I cn O C6 �'IT �LO E E O U cn i I c- ♦ ) O ♦) O O O U O .EMMONS L0 Q U � — O U) O U � � a) o - c) � o � o z O 0 O N to Q O O s I 0000"k%% �� CL CU CU Q n Jc: cn cn Cu M� CU � (Vn L a) > ..�e CU m CU a .C: U CL CU Cn A.-O U) C: �--' a) E Cu rL� v i PLANNING ADVISORY COMMITTEE December 15, 2021 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Zoning By-law Amendment. Section 59 Amendment and Variance Application 35 Water Street .2k^11 The City of Saint John On November 15, 2021, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its December 14, 2021, meeting. Mr. Chris Elias, of the Elias Management Group, appeared before the Committee and expressed agreement with Staff Recommendation, but requested a revision to condition 5. (a) of the Staff recommendation to reduce the minimum number of parking spaces in the recommendation from 400 to 350. Mr. Elias noted additional barrier free units were being provided in the development which affect the number of parking spaces. Mr. Andrew Carruthers and Ms. Beth MacLeod of Lydon Lynch Architects also appeared before the Committee and provided an overview of the proposed development and the design of the site and buildings. They noted structured parking was being provided above ground as a Climate Change measure due to rising water levels and that the raised elevation of the site and sidewalk along Water Street also were in response to Climate Change. In response to questions from the Committee, City Staff noted they were agreeable to the proposed amendment to the recommendation reducing the number of parking spaces from 400 to 350 as the site is within the Parking Exemption Area, where no parking is required to be provided. Staff also noted that the recommendation is structured to only provide approval at this time to the detailed design of the first phase of the development and the overall massing and height for the remainder of the development. Detailed design of the remaining buildings and areas adjacent to Loyalist Plaza and the extended Harbour Passage will be subject to further design which will be approved through a future amendment to the Section 59 conditions. This approach allows for public consultation through the future amendment process as well as Committee and Council approval of the ultimate design of future phases. Staff also responded to Page 1 of 6 157 Fundy Quay Developments Inc. 35 Water Street December 15, 2021 questions from the Committee related to additional traffic signals on Water Street at the site access, noting these would be required at a later phase of development based on additional review and that the operation of additional traffic signals can be coordinated with existing signals to allow for optimum traffic flow. Two committee members stated that it would have been helpful for PAC to have a longer review period for a `Big Move' project proposal that would have such a large impact on the city's future. Jeffrey Cyr of Envision Saint John appeared before the Committee and provided an overview of the development process for the site noting the development of the site has been pursued for quite some time including past proposals to develop the site. Mr. Cyr also provided an overview of site constraints including subsurface soil conditions and underground infrastructure related to the seawall around the site. He also provided an overview of the financial benefits of the project and noted that areas of the site that were not actively being developed or used for construction support would be topsoiled and hydroseeded. The developer and architects responded to questions from the Committee related to parking ratios, and interim uses of the site. No other persons appeared before the Committee and two letters were received regarding the application. Following consideration of the presentations, letters, and Staff report, the Committee adopted a motion recommending that Common Council adopt the revised staff recommendation with the reduced number of parking spaces from 400 to 350, as provided below. The Committee also approved a variance relating to the upper storey step back to allow for the proposed building to be developed without the provision of 3-metre fagade step backs at the 14 metre and 24 metre elevations RECOMMENDATION: That Common Council rezone a parcel of land having an area of approximately 2.5 hectares, located at 35 Water Street, also identified as PID Number 55235105 and 55235113, from Waterfront Commercial (CW) to Waterfront Commercial Integrated Development (CWID). 2. That Common Council rezone a parcel of land having an area of approximately 531 square metres, located at 35 Water Street, also identified as PID Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID). Page 2 of 6 158 Fundy Quay Developments Inc. 35 Water Street December 15, 2021 3. That Common Council rescind the Section 39 conditions imposed on the May 7, 2012, rezoning of the property located at 35 Water Street, also identified as PID 55235105. 4. That Common Council rescind the Section 39 conditions imposed on the December 2, 2019, rezoning of the property located at 35 Water Street, also identified as PID 55235113. 5. That the City, upon third reading at Common Council, pursuant to the provisions of Section 59(1)(b) of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 3.0 hectares, located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113 (collectively the "Rezoned Properties"): a. That the development of the site be limited to the applicant's proposal for a mixed -use development having a maximum floor area of 69,700 square metres plus an internal parkade including a minimum of 350 parking spaces and a maximum of 677 dwelling units as generally outlined on the plans submitted with the application. b. That only Phase 1 (the southeast building) of the development be permitted on the basis of this resolution and that prior to beginning construction on any future phases of this development, that the City shall grant further approvals and impose any additional conditions on such future phases of this development through an amendment to these conditions. C. That the heights of the proposed buildings be between 6 storeys (25 metres) to 19 storeys (70 metres) as outlined on the plans submitted with the application. d. That the massing of the proposed development be generally as outlined on the plans submitted with the application. e. That the uses within the proposed development be limited to the following: • Commercial Uses, including but not limited to a Business Office, Retail, Commercial Entertainment, Personal Service, Restaurant, and Accommodation/Hotel Multiple Unit Dwelling(s) Community Centre Page 3 of 6 159 Fundy Quay Developments Inc. 35 Water Street December 15, 2021 • Cultural Establishment • A Parking Garage • Surface Parking as outlined in the applicant's proposal for the site • Publicly Accessible Greenspace • The following as interim uses of undeveloped areas of the site as the phased development of the overall site is occurring: o a farmers' market or seasonal retail use; o special events and festivals held on the site on a temporary basis; o work associated with the replacement of the existing seawall along the waterfront frontage of the site and siteworks including the associated placement of fill on the site; and o a recreational use. f. That the design considerations outlined in the Wind Study for the development to mitigate the wind impacts on the pedestrian environment around the building entrances and for the proposed upper -level terraces be implemented through the detailed design of the development and that confirmation of the effects of these mitigative measures be provided to the Development Officer with the Building Permit application. g. That the detailed design of the angled parking area and raised sidewalk along the west side of Water Street be subject to the review and approval by the City to ensure appropriate design measures are employed for aspects including landscaping, wayfinding, accessibility, parking operations and pedestrian circulation. h. That the following cladding materials be prohibited in the development: • Vinyl siding, • Plywood, • Exterior insulation and finish systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block. That the development incorporates the following minimum glazing percentages: Page 4 of 6 160 Fundy Quay Developments Inc. 35 Water Street December 15, 2021 Minimum Allowable glazing percentages - Ground floor retail: 50-80 %. Minimum Allowable glazing percentages - Above -grade: 25-60%. That the development of the Rezoned Properties be in accordance with the provided Phasing Plan and proposed water and sewer demands provided per phase. Any proposed changes to the master Phasing Plan must be provided to and approved by the City, including any proposed changes to the water and sewer demands. Prior to the start of each Phase of development, the developer's engineering team shall confirm that the next phase of development corresponds to the submitted master Phasing Plan and the estimated water and sewer demands proposed for the site (all phases). If the proposal has changed (phasing or demands), the Developer shall not proceed to the next proposed phase until they have re -submitted their engineered water and sewer demands to the City to compare against the overall master site development plan. Prior to proceeding with each phase, the developer's engineering team must confirm the proposed flows are within the proposed master development plan submitted to the City during this re -zoning. That the developer grant any easements and/or rights -of -way requested by the City at the City's sole discretion, for all municipal infrastructure within the Rezoned Properties of and the relocated sidewalk along the west side of Water Street. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. That the recommendations from the Traffic Impact Study prepared by CBCL Limited be completed. These improvements include: • That a subsequent traffic assessment be completed following the initial phases of construction and the return of normal traffic conditions (after Phase 2 and before Phase 3) to verify the results of the submitted study. • Study recommendations related to the installation of Traffic Signals in conjunction with Phase 4 of the proposed development be updated based on the updated traffic assessment. • Construction of the elevated sidewalk during Phase 1 to remove the need for pedestrians to walk adjacent to Water Street traffic from the angled Water Street parking spaces and the adjacent sidewalk. Page 5of6 161 Fundy Quay Developments Inc. 35 Water Street December 15, 2021 M. If any municipal infrastructure improvements are required to service this proposal, it will be the developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. 6. That Common Council amend Schedule G of the Zoning By-law and increase the maximum building height from 28 metres and 42 metres to 70 metres for the parcel of land having an area of an area of approximately 3.0 hectares, located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113. Respectfully submitted, Alex Weaver -Crawford Chair Attachments Page 6 of 6 162 The City of Saint Jahn Date: December 10, 2021 To: Planning Advisory Committee From: Growth & Community Services Meeting: December 14, 2021 SUBJECT Applicant: Fundy Harbour Group Landowner: Fundy Quay Developments Inc. and the City of Saint John Location: 35 Water Street PID: 55235113,55235105 and 55221881 Plan Designation: Primary Centre Existing Zoning: Waterfront Commercial (CW) and Uptown Commercial (CU) Proposed Zoning: Waterfront Commercial Integrated Development (CWID) Application Type: Zoning By -Law Amendment, Section 59 Amendment and Variance Jurisdiction: The Community Planning Act authorizes the Planning Advisory Committee to give its views to Common Council concerning proposed amendments to the Zoning By-law or amendments to Section 59 conditions imposed on a property. Common Council will consider the Committee's recommendation at a public hearing on Monday, January 10, 2022. Page 1 of 20 1m Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 The Community Planning Act authorizes the Planning Advisory Committee to grant reasonable variances from the requirements of the Zoning By-law. The Committee can impose conditions. EXECUTIVE SUMMARY The Fundy Quay project is a catalytic project for the City involving a key waterfront development site which has been actively pursued for many years, identified as one of the Big Moves in the Central Peninsula Secondary Plan (CPSP), and identified as a catalytic project by the City, the multi -phase mixed use development will include five buildings having a total floor area of 69,700 square metres plus an internal parkade including a minimum of 400 parking spaces and 677 dwelling units. The mix of uses will bring additional residential density to the Central Peninsula, which aligns with the goals of the Municipal Plan and the Secondary Plan and will bring additional animation to waterfront on a 24/7 basis through increased density and public space improvements including an extension of Harbour Passage, publicly accessible open space and through leveraging improvements to the adjacent market slip public space. A phased approach to the approvals is recommended which provides approvals for the first phase of the project along with the overall massing and height for the entire development, while ensuring future phases are subject to a full public review and Council approval. This provides certainty for the developer but allows for control over the detailed design aspects of future phases of the project to ensure a high -quality project and thoughtful integration with the surrounding Public Realm and waterfront given the prime waterfront location. Staff have assessed the proposal against the applicable policies of the Municipal and Secondary Plans and are recommending approval of the application to rezone the site, which is currently vacant, from Waterfront Commercial (CW) and Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID), subject to a series of Section 59 conditions. Committee approval of variances related to building stepbacks are also recommended. RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 2.5 hectares, located at 35 Water Street, also identified as PID Number 55235105 and 55235113, from Waterfront Commercial (CW) to Waterfront Commercial Integrated Development (CWID). 2. That Common Council rezone a parcel of land having an area of approximately 531 square metres, located at 35 Water Street, also identified as PID Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID). 3. That Common Council rescind the Section 39 conditions imposed on the May 7, 2012, rezoning of the property located at 35 Water Street, also identified as PID 55235105. Page 2 of 20 1-IE34 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 4. That Common Council rescind the Section 39 conditions imposed on the December 2, 2019, rezoning of the property located at 35 Water Street, also identified as PID 55235113. 5. That the City, upon third reading at Common Council, pursuant to the provisions of Section 59(1)(b) of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 3.0 hectares, located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113 (collectively the "Rezoned Properties"): a. That the development of the site be limited to the applicant's proposal for a mixed -use development having a maximum floor area of 69,700 square metres plus an internal parkade including a minimum of 400 parking spaces and a maximum of 677 dwelling units as generally outlined on the plans submitted with the application. b. That only Phase 1 (the southeast building) of the development be permitted on the basis of this resolution and that prior to beginning construction on any future phases of this development, that the City shall grant further approvals and impose any additional conditions on such future phases of this development through an amendment to these conditions. C. That the heights of the proposed buildings be between 6 storeys (25 metres) to 19 storeys (70 metres) as outlined on the plans submitted with the application. d. That the massing of the proposed development be generally as outlined on the plans submitted with the application. e. That the uses within the proposed development be limited to the following: • Commercial Uses, including but not limited to a Business Office, Retail, Commercial Entertainment, Personal Service, Restaurant, and Accommodation/Hotel • Multiple Unit Dwelling(s) • Community Centre • Cultural Establishment • A Parking Garage • Surface Parking as outlined in the applicant's proposal for the site • Publicly Accessible Greenspace • The following as interim uses of undeveloped areas of the site as the phased development of the overall site is occurring: o a farmers' market or seasonal retail use; o special events and festivals held on the site on a temporary basis; Page 3 of 20 1_V5 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 o work associated with the replacement of the existing seawall along the waterfront frontage of the site and siteworks including the associated placement of fill on the site; and o a recreational use That the design considerations outlined in the Wind Study for the development to mitigate the wind impacts on the pedestrian environment around the building entrances and for the proposed upper -level terraces be implemented through the detailed design of the development and that confirmation of the effects of these mitigative measures be provided to the Development Officer with the Building Permit application. g. That the detailed design of the angled parking area and raised sidewalk along the west side of Water Street be subject to the review and approval by the City to ensure appropriate design measures are employed for aspects including landscaping, wayfinding, accessibility, parking operations and pedestrian circulation. h. That the following cladding materials be prohibited in the development: • Vinyl siding, • Plywood, • Exterior insulation and finish systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block That the development incorporates the following minimum glazing percentages: • Minimum Allowable glazing percentages - Ground floor retail: 50-80%. • Minimum Allowable glazing percentages - Above -grade: 25-60%. That the development of the Rezoned Properties be in accordance with the provided Phasing Plan and proposed water and sewer demands provided per phase. Any proposed changes to the master Phasing Plan must be provided to and approved by the City, including any proposed changes to the water and sewer demands. Prior to the start of each Phase of development, the developer's engineering team shall confirm that the next phase of development corresponds to the submitted master Phasing Plan and the estimated water and sewer demands proposed for the site (all phases). If the proposal has changed (phasing or demands), the Developer shall not proceed to the next proposed phase until they have re -submitted their engineered water and sewer demands to the City to compare against the overall master site development plan. Prior to proceeding with each phase, the developer's engineering team must confirm the proposed flows are within the proposed master development plan submitted to the City during this re -zoning. Page 4 of 20 1366 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 k. That the developer grant any easements and/or rights -of -way requested by the City at the City's sole discretion, for all municipal infrastructure within the Rezoned Properties of and the relocated sidewalk along the west side of Water Street. The suitability of the width of the easements are subject to the review and acceptance of Saint John Water and the City. That the recommendations from the Traffic Impact Study prepared by CBCL Limited be completed. These improvements include: o That a subsequent traffic assessment be completed following the initial phases of construction and the return of normal traffic conditions (after Phase 2 and before Phase 3) to verify the results of the submitted study. o Study recommendations related to the installation of Traffic Signals in conjunction with Phase 4 of the proposed development be updated based on the updated traffic assessment. o Construction of the elevated sidewalk during Phase 1 to remove the need for pedestrians to walk adjacent to Water Street traffic from the angled Water Street parking spaces and the adjacent sidewalk. M. If any municipal infrastructure improvements are required to service this proposal, it will be the developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. 6. That Common Council amend Schedule G of the Zoning By-law and increase the maximum building height from 28 metres and 42 metres to 70 metres for the parcel of land having an area of an area of approximately 3.0 hectares, located at 35 Water Street, also identified as PID Numbers 55221881, 55235105 and 55235113. 7. That the Planning Advisory Committee grant a variance to Section 15.2(a) of the Central Peninsula Building Height and Massing Overlay (CPO) zone to allow for the proposed building to be developed without the provision of 3-metre facade step backs at the 14 metre and 24 metre elevations. DECISION HISTORY On December 2, 2019, Common Council amended existing Section 59 conditions imposed on PID 55235113 for the purposes of expanding the list of permitted uses in order to permit a commercial parking lot to operate in the interim prior to the sea wall upgrades, site preparation, and redevelopment of the site. On May 7, 2012, Common Council gave third reading to rezone the subject property from "ID" Integrated Development and Transportation "T" to "ID-W' Integrated Development — Waterfront. Council further resolved, pursuant to Section 39 (now Section 59) of the Community Planning Act, that the development and use of the property be subject to the following conditions: Page 5 of 20 1� Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 a. The use of the site shall consist of a mixture of residential, retail, commercial/office and/or hospitality uses as generally described in the submitted proposal of the Saint John Development Corporation dated March 9, 2012, and entitled "Rezoning Application — Fundy Quay Development, City of Saint John, Saint John, New Brunswick." b. No portion of the site shall be developed except in accordance with detailed plans including, but not limited to, a context plan, a site plan, typical building floor plans, building elevations, a landscape plan, and a grading plan, all of which are to be prepared by the proponent of the development and subject to the approval of Common Council, as a statutory amendment to these conditions. The 2012 application was made following Saint John Development Corporation securing the property from the Government of Canada (Department of Fisheries and Oceans) between 2011- 2012 and was intended to aid in attracting developers by rezoning the property for a mixed -use development opportunity. The 2012 development concept included a residential, retail, commercial/office and hospitality uses and a 25' Harbour Passage extension around the perimeter. This approach provided the Saint John Development Corporation with sufficient zoning approvals to market the site to interested parties, with the ultimate project design subject to City approval through a Section 59 Amendment. ANALYSIS Proposal Formerly a series of tidal slips, the Fundy Quay site was created in the 1950s through infill to provide for Coast Guard operations. These operations continued until 2019, when the Coast Guard fully relocated to other areas of the city. With decline in Coast Guard operations and the fact that most of the peninsula's waterfront has been occupied by Port or industrial uses, the Fundy Quay site has long been identified as a strategic waterfront redevelopment site. After several informal proposals in the 1990s, a call for proposals through the Saint John Development Corporation was first issued in 2005 to redevelop the site. The two major challenges facing the site throughout this time have been soil conditions and the condition of the seawall. There have been several false starts for redevelopment of the site since 2005. One of these resulted in the subdivision and sale of a portion of the site to the Province for a proposed New Brunswick Museum, which was later cancelled. In 2019, the Elias Management Group (EMG) was selected as the successful proponent in response to a call for expressions by Envision Saint John (formerly Develop Saint John). In conjunction with the selection of EMG, significant federal/provincial funding was secured, more than $18 million, to address the major challenges in redeveloping the site. In addition to the repair and raising of the seawall and site remediation activities, tri-lateral funding will provide for a complete refurbishment of the adjacent Market Slip public space and extension of Harbour Passage around the perimeter of the Fundy Quay site. In addition, a possible pedway link to the Fundy Quay site from Market Square was included in the funding proposal. These public spaces and the pedway are illustrated in the conceptual renderings prepared by Lydon Lynch of the Page 6 of 20 1366 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 Fundy Quay site. EMG has been working with the landscape architect of these two public spaces to ensure coordination of public/private activities. The Market Slip public space refurbishment is scheduled to be completed by early 2023 and the Harbour Passage extension before the end of 2023. Through the lease agreement, EMG is required to purchase the property by no later than the 25th year of the lease. Subdivision of the Harbour Passage extension lands will be required to ensure these lands are maintained under city ownership. Five buildings are proposed for the site, with four of the buildings (referred to as the SE, SW, NW, and NE buildings) incorporating a mix of uses including residential, office, retail, personal service, restaurant, and accommodation. A fifth building, located proximate to the Waterfront, is envisioned to house uses such as a community centre, cultural establishments, and commercial entertainment. Structured parking will be incorporated into the buildings and publicly accessible green space will be provided. The proposed total gross floor area of the buildings is 69,700 sq. m. (750,000 sq. ft) including residential, commercial, and cultural uses, not including parkade areas of 23,250 sq. m. (250,000 sq. ft.) which will incorporate 440 parking spaces. The development is anticipated to be constructed in five phases as follows. Table 1. Development Phasing Phase Building Estimated Build Out Date Building Use 1 SE Building 2024 165 Apt. Units + 11,384 ft2 Retail 2 SW Building 2026 111 Apt. Units + 18,875 ft2 Retail 3 NW Building 2028 173 Apt. Units + 16,653 ft2 Retail + 66,613 ft2 Office 4 NE Building 2030 188 Apt. Units + 10,799 ft2 Retail + 52,891 ft2 Office 5 Community/Cultural 2032 34,657 ft2 Cultural Space (Potential for 40 units') Totals 637-677 Apartment Units 57,711 ft2 Retail 119,504 ft2 Office 34,657 ft2 Cultural Space Building heights will range from 6 storeys (25 metres) for the SW building to 19 storeys (70 metres) for the NE building. The first building constructed will be the SE building which will incorporate commercial at grade along Water Street. The SE building will have a gross floor area of 15,515 square metres, with 1,115 square metres of commercial floor space and 14,400 square metres of residential floor space providing 165 units. A total of 168 parking spaces will be provided in conjunction with the first building, with 15 spaces located along Water Street and 153 spaces within the building. ' Should no public entity come forward with interest in this site, a small mixed -use building is proposed to take its place. Page 7 of 20 1� Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 The two easternmost buildings will have direct street access to Water Street, with the three buildings on the waterfront side of the development accessed via an internal drive aisle which also provides access to parking and loading areas. The development further proposes to donate public diagonal parking along the West edge of Water Street. An easement may be considered for below -grade services running under the central drive aisle. Site and Neighbourhood The subject site is in the Uptown area of Saint John, abutting Water Street and a slip controlled by Port Saint John. A portion of the site was occupied by a four -storey office building and garage, used by the Coast Guard as an administration building. Following the City's acquisition of the site from the Federal Government, portions of the site were used for parking. The majority of the 2.6-hectare site is currently zoned Waterfront Commercial (CW) with a 531 square metre portion in the northeast corner of the site zoned Uptown Commercial (CU). A slip is located south of the site with Port lands further to the south along Water Street being developed into a container village for future event programming including the Area 506 Festival. Market Square, Market Slip, and Loyalist Plaza are located north of the site, with Public Space improvements planned for Loyalist Plaza and the Market Slip area. A mix of residential and commercial uses are located along the west side of Water Street and in the surrounding Uptown area. Municipal Plan and Rezoning Municipal Plan and Central Peninsula Secondary Plan (CPSP) The site, and the surrounding area is located within the Uptown Primary Centre as designated by the Municipal Plan. This area is the City's highest intensity mixed -use development area and contains a mix of uses including major office and government developments and a wide range of other commercial uses, including specialty retail and the region's arts, cultural, and entertainment facilities. Development of high -density residential uses are also strongly encouraged in this area. Development on the site is also governed by the Central Peninsula Secondary Plan (CPSP) adopted in 2020. The CPSP guides development and investment to ensure the area continues to function as the Greater Saint John Region's major mixed -used centre. With regards to the Secondary Plan, the site is in the Uptown Core and Central Waterfront area, with the CPSP establishing key directions for development in this area including the following: • Mid -rise and tall buildings to accommodate full build -out and to capitalize on market and zoning provisions for commercial and residential density. • Where appropriate, buildings will incorporate non-residential ground floor uses to maintain and enhance a vibrant, pedestrian -oriented urban environment, animating the public realm. Page 8 of 20 1-IM Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 • Street wall heights are regulated through setbacks and stepbacks to maintain a comfortable, human -scaled built environment. • Existing civic spaces are strengthened to support green space and recreation amenities in the core; new civic spaces along the waterfront will support increased access to the waterfront. • New infill development will feature a mix of uses and high -quality design which will maintain and enhance urban form. • A mix of structured and dense, on -street parking to accommodate residents, employees, and visitors. Big Moves are also identified over the horizon of the CPSP for catalytic projects that would define key areas of the Central Peninsula. Two Big Moves relate to the proposed development: • Develop the Central Waterfront as a key mixed use educational and cultural destination: Key components of this are the incremental development of the Coast Guard Site as a mixed -use cultural destination on the waterfront, and an enhanced streetscape along Water Street between King Street and the south end of the Marco Polo cruise terminal. • Reinforce east -west connections between the two core anchors of the Waterfront and King's Square: This includes enhancing Loyalist Plaza as a contemporary public space through the installation of imaginative seating, planting, and other landscaping elements. A detailed assessment of the proposal with respect to the policies of the Municipal Plan and CPSP is provided in Attachment 2. This was also informed by a Third -Party Design Review of the proposed site layout and building. The proposed development introduces a mixed -use concept on a key waterfront development site on the City's Central Peninsula. The increased residential density and commercial uses provide additional development and population within one of the City's key Primary Centres and conform to many key directions and policies in the Municipal Plan and Central Peninsula Secondary Plan. Based on the assessment provided in Attachment 2, Staff are of the opinion the proposed development conforms to the Municipal Plan and Secondary Plan. Rezoning The applicant has requested a rezoning from the current zoning of the site, Waterfront Commercial (CW) and Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID). This zone accommodates mixed -use waterfront development primarily located on large, brownfield sites such as the subject site. The CWID zone does not provide for a prescriptive list of permitted uses and detailed design standards such as height and setbacks. Instead, a specific development proposal, such as the one proposed for the site, would be accommodated through a suite of Section 59 conditions and agreements that would outline the permitted uses and standards for the proposal including setbacks, height, built form and parking. Page 9 of 20 10 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 Staff note the ability to review future phases of the design is an important consideration in the approvals of a multi -phase development. While the detailed design of Phase 1 has been provided, along with an overall concept outlining the height and massing for the development along with information on cladding materials and overall window proportions on upper storeys, future phases will involve detailed design of key interfaces with the Public Realm surrounding the site. These public spaces include Harbour Passage and Market Slip, which are important open spaces within the Uptown and the City. To provide a degree of certainty with the ultimate design of the future phases including building materials, landscaping, and the design of the public space interfaces beyond the initial phase, Staff recommend that the detailed design of the future phases be adopted through a Section 59 amendment. This will provide an avenue to review the detailed design of these phases with the overall approval of key design parameters such as height, massing, floor areas and uses within the development provided with this initial application, providing a degree of certainty to the proponent. The approval continued in this report provides for the approval of the ultimate design of the first building and the massing and height concept for the overall site. This approach of requiring additional review for the detailed design of future phases of the development also allows for urban design considerations related to the public realm components of the overall development, such as pedestrian circulation areas, the interior courtyard, and interfaces with Loyalist Plaza and Harbour Passage to be assessed. Staff note that the City -led design of the adjacent Loyalist Plaza redevelopment and Harbour Passage extension is ongoing. As the design of these external components have yet to be finalized, the overall integration of the pedestrian edges of the proposed development with the ultimate design of the adjacent City -owned public spaces cannot effectively be assessed. Given this, future design approval of the areas of the proposed development that interface with adjacent City open space areas provides for a better degree of control to achieve integration of the private development and adjacent public spaces. Plans for the proposed site development show an elevated, enclosed pedway between Market Square and the northwest building in the development. As additional details relating to the pedway design and placement have yet to be finalized and involve adjacent lands that are not the subject of this application, Staff recommend that approval of the pedway not be given at this time, but instead be subject to a future approval. This will provide for additional review of the ultimate design for the pedway connection by Staff, the Public, the Planning Advisory Committee and Common Council and could be incorporated with the approval of a future phase of development on the subject site. Massing and Shadows The Northeastern and Southeastern buildings incorporate five -storey podium heights, which creates a street wall that generally matches that found along the east side of Water Street. Relief is provided to the podiums to reduce the scale of the podiums, reflecting the scale found in the historic district along the east side of Water Street. This includes differentiation of the commercial ground floors from the upper stories vertically and the use of variations in cladding Page 10 of 20 14M Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 materials and window patterns to break the podiums down to a human scale and provide relation to the Public Realm. The proponent has considered the effects the building will have on shadows cast onto adjacent public spaces including Water Street, Harbour Passage and Loyalist Plaza. Renderings (see submission 4) were provided for June 21st, September 21st and December 21st and track the shadows during different periods of the day. The proposed development will cast a shadow on a variety of public spaces at different times throughout the three scenarios. The largest impacts are seen in the December scenario, which will largely impact Loyalist Plaza and Water Street. To minimize shadow impacts the tower floorplates have been kept small and their scale massing impacts have been further reduced through the placement of balconies and cladding strategies. The overall massing of the buildings is terraced from the northeast of the site to the southwest. The tallest building in the northeast of the site is of comparable height to the City Hall building and Brunswick House. From this building, the northwest and southeast buildings stepdown to the lowest building at the southwest corner of the site. This terracing approach maintains views from further into the site, and daylights the centre court of the development. The design of the podium of the northwest building includes a clipping of the northwest corner to the podium to provide a visual connection between Market Slip and the proposed cultural building while maximizing the evening sun exposure to the Market Square patios. The three towers are offset to the eastern edge of their podiums to minimize shading on the Market Slip Plaza to the north of the site and concentrating the massing close to the adjacent developed areas east of the site. The proposed approach to the height and massing seeks to limit the impacts of shadows on the adjacent Loyalist Plaza and Market Slip areas. Staff note shadow impacts are less prevalent during the summer months when higher levels of pedestrian activity would be expected in these areas. Design of the redevelopment of Loyalist Plaza and Market Slip is progressing, and it is expected that lighting will be retained to provide for this space to accommodate activities in the nighttime hours which also provides for low light levels associated with shadow conditions, particularly during the winter months to be mitigated. Parkinq The development is proposing to provide a total of 440 parking spaces which are largely provided through internal parkades within the podiums of the proposed buildings. Above -ground parkades are held to the middle of the site and are generally wrapped by residential suites or commercial offices along the Water Street and key external facades of the proposed development which provides animation to key external faces of the development. Although the applicant has noted exposed parkade facades will be seamlessly integrated with the rest of the building and will be clad with high quality materials, Staff note however, facades along the internal access could use additional animation to prevent the presence of a blank wall because of the parking placement. The provision of the structured parking within the podiums allows for structured parking to be provided without excavation below critical flood plain levels. Page 11 of 20 14M Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 The site is within the Uptown Parking Exemption Area, so no parking is required to be provided in conjunction with the development. Given this, the 440 spaces provided is acceptable and Staff note the amount of parking provided by the proponent generally conforms to the requirements of the Zoning By -Law if the development was not exempt from parking provisions. The applicant notes parking dimensions will be in conformance with By -Law requirements. Staff recommend the requirement to provide a minimum of 440 parking spaces be incorporated into the proposed Section 59 conditions for the site. While the site is exempt from providing parking, the inclusion of parking spaces by the proponent meets the ultimate requirements of future tenants with the provision of the majority of the parking as structured parking meeting the intent and policies of the Municipal Plan. Amenity Space Amenity space for the residents of the development will include balconies, podium rooftop space, and internal space to satisfy By -Law requirements. In addition, the development will include publicly accessible green space and benefit from a location adjacent to an extended Harbour Passage and a redesigned Loyalist Plaza. Amendment to the Height Map/Wind Impacts The Zoning By -Law provides a framework for building heights on the Central Peninsula through the height map in Schedule G of the Zoning By -Law. This approach limits building heights on the site to 28 metres over most of the site and 42 metres in the northeast portion of the site. The proponent has requested additional height to respond to the relatively low geodetic grade of the site and rising flood levels associated with Climate Change. The low elevation of the site and proximity to the waterfront affects the ability to provide structured parking below grade as the structured parking would be below the adjacent water level which is forecast to increase due to Climate Change impacts. This consideration, combined with considerations related to areas of contaminated soil on the site provide constraints on the provision of underground parking. To provide for a sufficient amount of parking within the development, structured parking will be located above grade which adds approximately 23,336 square metres (250,000 square feet) of floor areas within the building podiums which results in the occupied areas of the building such as residential and office space being above this requiring additional storeys and height. Building heights are proposed as follows: • NE Building - 19 Storeys/70 metres • SE Building - 16 Storeys/60 metres • NW Building - 16 Storeys/60 metres • SW Building — 6 Storeys/25 metres (no amendment required) These heights are comparable to the 60-metre maximum height permitted in the Uptown Commercial (CU) zone which is found in areas adjacent to the site. To reflect the surrounding neighbourhood context, the height and massing of the development decreases from northeast to southwest on the site. The tallest building in the development is at the northeast corner of the site which is comparable in height to City Hall and Brunswick House found to the northeast of Page 12 of 20 14734 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 the site. The proposed design strategically locates the highest buildings to minimize the impact to the public plaza to the North, and Harbour Passage to the West. Staff also note the proposed design has buildings which step down to the water's edge preserving views to the water. A Section 59 condition is also recommended requiring the detailed design of future buildings to be adopted through the Section 59 amendment process to provide for the review of the detailed design with respect to considerations such as cladding and materials, landscaping and relationship to the surrounding Public Realm. Staff are supportive of the proposed map amendment, given the general conformance with the maximum height permitted in the Uptown Commercial Zone. The applicant has also completed shadow and wind studies which have identified no impact from the additional height beyond that permitted. A Wind Study, entitled "Pedestrian Wind Assessment — Orbital Stack", was prepared and submitted by the applicant as part of the application package. Due to the size of the development site, its location on the waterfront and the proposed height, staff requested the wind study to assess the potential impact the development might have on the pedestrian experience. A wind study is intended to assess a proposed development and suggest methods to improve any areas that are identified as having problematic wind conditions. The goal of a windy study is not to require a large-scale revision of a design, but to provide reasonable recommendations that target specific areas of the development site. The submitted document provides a summer and winter comparison of the existing wind conditions with the proposed wind conditions being based on the complete build -out of the site. This ensures that the study focuses on the wind conditions that are directly altered due to the proposed development. The summer assessment indicates that the proposed configuration will impact the wind conditions as follows: • Decrease the wind levels located at the water's edge of the development site. • Eliminate existing wind issues at the base of King Street and along Chipman Hill. • Will create incremental increases to the wind conditions at the following locations: o Water Street o Waterfront portion of Loyalist Plaza. The winter assessment indicates that the proposed configuration will impact the wind conditions as follows: • Decrease the wind levels located at the water's edge of the development site. • Decrease the existing wind issues at the base of King Street and along Chipman Hill. • Will create incremental increases to the wind conditions at the following locations: o Water Street o Waterfront portion of Loyalist Plaza. Page 13 of 20 W215 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 The Wind Study indicates that the proposed development will not create unsafe wind conditions for pedestrians. The site development will generally improve existing wind conditions on the development site and the surrounding area. Some areas will see an increase in the wind conditions; however, the Wind Study has outlined some design considerations which will serve to improve some of the impacted areas located along the building's perimeter, along the adjacent sidewalks, around the building entrances and the proposed upper -level terraces. Staff recommends that these design considerations be incorporated as part of the detailed design for the buildings through recommended Section 59 conditions. Design Review The City secured an independent architectural firm to undertake a Third -Party Design Review of the submitted design. The Design Review focused on the urban design aspects of the proposal including compatibility with the surrounding built form and public realm and the ability of the design to minimize the impact of the project scale on the pedestrian realm. As the City does not have dedicated internal architectural or urban design staff, larger projects are often reviewed by a third party as part of the planning approvals process. It is important to note that the design review report is only a component of the overall Staff Recommendation associated assessment upon which the recommendation is formed, constituting a review of just one aspect of the overall design proposal akin to a traffic or servicing study or policy or by-law analysis and just represents one of the interrelated aspects that must integrate to result in a viable development. Key findings of the design review were: • A variance for additional building height proposed in the masterplan is acceptable because the building design maintains a consistent street wall, which makes the height of a tower of little consequence to the pedestrian experience. • The 2.5m stepback, proposed for the tower from the podium, creates the necessary separation of the tower massing from the street wall. This will create the perceived consistent pedestrian experience of the built form, between the new and old building. Therefore, the towers in their proposed locations do not create a problem for the perspective of the pedestrian experience. • Portions of the internal circulation areas are largely surrounded by parking garage structures and blank walls. The resulting pedestrian experience of the interior courtyard area may not be positive or benefit from "eyes on the street". • The Water Street pedestrian experience will be improved greatly with the addition of the proposed buildings, in essence completing the street with retail and commercial functions on the ground floor. • Raised pedways attract pedestrian traffic off the street below. This decrease in foot traffic is detrimental to retail and hospitality businesses on the ground floor. Pedestrian movement should be drawn down to street level to give these businesses a better opportunity for success. • Concerns with wind impacts were identified. Staff note a Section 59 condition is included relating to mitigation measures for wind impacts along Water Street. With respect to Page 14 of 20 1450 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 wind impacts along the western side of the development, Staff note that this area will be subject to a further detailed design approved by a subsequent Section 59 amendment providing the designers and developer with the opportunity to further review and design mitigation in this area and also on the private amenity areas on the podium rooftops. • The design review notes underground parking could be considered; however City Staff note the potential for parking below the water level of the Harbour and contaminated soils pose significant challenged to economically providing underground parking on the site. Means of mitigating shadow impacts were proposed in the design review, however Staff note the greatest shadow impacts occur during the winter solstice when pedestrian activity on the surrounding public spaces would be expected to be lower than during months with more favourable weather conditions, which arguable reduces the impacts of the shadows. A copy of the design review has been provided to the applicant for their information and the findings and recommendations will guide the detailed design of the buildings and subsequent phases. Staff note that to ensure a high -quality development, the applicant has proposed that the following cladding materials be prohibited: • Vinyl siding, • Plywood, • Exterior insulation and finish systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block Staff note the prohibition of a set of cladding materials provides the proponent and their design team with a degree of flexibility to complete the detailed design with a palette of cladding materials that provide an acceptable level of quality from an urban design perspective while meeting the requirements of the building code. The proponent's architectural team has also recommended the following allowable glazing percentages, which conform to or exceed the standards of the Uptown Commercial (CU) zone: • Allowable glazing percentages - Ground floor retail: 50-80% • Allowable glazing percentages - Above -grade: 25-60%. Staff recommend the list of prohibited materials and glazing percentages be incorporated as a Section 59 condition for the site. Page 15 of 20 1W Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 Servicing and Traffic A Transportation Impact Study2 was prepared for the development. The site will be accessed from Water Street, approximately 80 metres south of the intersection of St. Patrick Street and King Street. The development is anticipated to generate the following traffic volumes on a phase -by -phase basis. Table 1. Trip Generation by Development Phase (non -cumulative) AM Peak PM Peak Trips In Trips Out Trips In Trips Out Phase1 17 23 35 29 Phase 2 13 17 49 31 Phase 3 49 30 71 81 Phase 4 40 29 51 49 Phase 5 13 4 7 15 These trip generation values account for the location of the development in the urban core as Institute of Transportation Engineer's trip generation data for land uses within a city centre, or central business district were used. The proposed site access driveway and Water Street intersection is expected to exhibit significant PM peak period congestion during the 2037 build condition. Given this, traffic signals are recommended to be installed in conjunction with the development of Phase 4. The consultant notes the driveway should be monitored prior to this phase and if queues for traffic exiting the site driveway become 30 metres to 40 metres long frequently prior to the completion of Phase 4, a formal assessment should be completed by an independent professional engineer, as required by the City, to determine if traffic signals should be installed at the site access driveway. A review of the site plan was also a component of the Traffic Impact Study. The consultant suggested exploring an option to create a shared pedestrian and vehicular space in the central area of the development. This approach would be similar to the recent approach taken on Argyle Street in Halifax, where all hard surfaces are flush and there are no barrier curbs to physically separate cars from pedestrians and cyclists. Instead, vehicle lanes and parking spaces are delineated, and positive guidance is provided to drivers through contrasting surface colours, street furniture, and landscaping. This approach would provide sufficient space for vehicles at the internal intersections while also maximizing space for pedestrians, seating, lighting, and other amenities. The consultant also identified one-way circulation around the internal outdoor parking area as a design option. The consultant also reviewed the site plan with respect to the ability of larger vehicles such as fire apparatus and delivery and service vehicles to access the site. The proposed layout is generally not expected to present significant issues with access for larger vehicles. Planning z Fundy Quay Development Transportation Impact Study, CBCL Limited November 2021 Page 16 of 20 1qB Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 staff note this is an issue to be addressed in the detailed design stage with respect to the placement of street trees and furnishings. In addition, stairs associated with the proposed elevated pedestrian zone along the Water Street frontage appear to restrict the ability of larger vehicles to access the site. Staff note the proponent's design proposes an elevated sidewalk along the western portion of Water Street adjacent to the development along with additional angled parking. Staff recommend a Section 59 condition requiring review and approval of the detailed design for this specific component of the proposed development to ensure appropriate design measures are employed for aspects including landscaping, wayfinding, accessibility, parking operations and pedestrian circulation. Infrastructure Development has reviewed the servicing requirements related to the development and is supportive of the application. Servicing flows were modelled to confirm downstream infrastructure can accommodate the anticipated flows as a result of the development. The following items are recommended for inclusion as Section 59 conditions: • That the development of the parcel of land be in accordance with the provided Phasing Plan and proposed servicing demands provided to date. • That the developer provides to the City any easements and/or rights -of -way for all municipal infrastructure within the lands of the application and the relocated sidewalk along the west side of Water Street. • That the recommendations from the Traffic Impact Study prepared by CBCL Limited be completed by the developer. These improvements include: o That a subsequent traffic assessment be completed following the initial phases of construction and the return of normal traffic conditions (after Phase 2 and before Phase 3) to verify the results of the submitted study. o Study recommendations related to the installation of Traffic Signals in conjunction with Phase 4 of the proposed development be updated based on the updated traffic assessment. o Construction of the elevated sidewalk during Phase 1 to remove the need for pedestrians to walk adjacent to Water Street traffic from the angled Water Street parking spaces and the adjacent sidewalk. • If any municipal infrastructure improvements are required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining this, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval by the City. Active Transportation The City of Saint John's Active Transportation (AT) network provides a high level of connectivity across several facilities, including sidewalks and multi -use trails, which are all accessible immediately adjacent to the Fundy Quay development. The proximity of these facilities would allow pedestrians to walk or bike to several major trip attractors in the area, including commercial offices, retail stores, and businesses in the city center. Page 17 of 20 14M Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 Furthermore, the extension of the Harbour Passage along the perimeter of the site will provide a welcomed link for north -south travel along the uptown peninsula for pedestrians and cyclists. Due to the proximity of existing and planned AT facilities, it is expected that a significant portion of trips generated by the Fundy Quay will be made via AT modes. Environmental Issues/Climate Change Impacts The site is located proximate to the Saint John Waterfront/Bay of Fundy which presents concerns with the potential for impacts associated with storm surge and sea level rise. To adapt to forecasted climate change impacts, work is underway to raise the seawall around the site and raise the overall elevation of the site. The risk of flooding from the waterfront location and the presence of impacted soils places significant constraints on the provision of underground parking and the placement of buildings in the overall design concept. The site design seeks to adapt to future climate change impacts and environmental constraints on the site while providing a development that is feasible from an economic perspective. Affordable Housing The applicant has indicated they are currently looking into the inclusion of an affordable housing component within Phase 1 and will also investigate the provision of affordable housing in the subsequent phases of the development. Economic Impacts The Fundy Quay public space improvements are part of a broader project to transform Saint John's urban waterfront, with an agreement for private sector development on the Fundy Quay site, creating a strong business case for the project. The Ground Lease with the developer is based on a maximum value of $6.45 million and will generate initial lease payments of $250,000 annually until purchased. The development of the site is anticipated to generate between $2 million to $3 million in annual property tax revenue at full build out. Stepback Variance The Zoning By -Law requires a 3-metre stepback of the building facade at an elevation of 14 metres. The proponent is seeking a variance from this standard. In support of the variance, the proponent's architect has noted a street wall height is proposed along the Water Street facades that relates to the existing street wall along the east side of Water Street. Staff note the street wall height along the east side of Water Street, within the Trinity Royal Heritage Conservation Area, is also regulated through the Zoning By -Law. The applicant is requesting the location of the 3-metre step back be varied from 14 metres to the following elevations: NE Building: 21.5 metres to match the 21.5 metre Maximum Street Wall Heights shown for the Eastern side of Water Street within the Trinity Royal Heritage Conservation Area • SE Building: 21.5 metres to match the 21.5 metre Maximum Street Wall Heights shown for the Eastern side of Water Street within the Trinity Royal Heritage Conservation Area Page 18 of 20 14�D Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 NW Building: 21.5 metres to match the 21.5 metre Maximum Street Wall Heights shown for the Eastern side of Water Street within the Trinity Royal Heritage Conservation Area • SW Building: 16 metres to allow enough above -ground parking to service the building. Also, in lieu of a 3-metre step back depth, the applicant is proposing a 2.5 metre step back at the above locations. This 0.5-metre reduction would enable the towers to remain as close to the eastern edge of the site as possible and minimize their afternoon shading and impact on the public plaza to the North. In addition to the 2.5 metre proposed step back, to further mitigate the effects of `downwash' wind effects, street trees will be integrated at grade to increase pedestrian wind comfort. Staff are supportive of the proposed variance to increase the location of the step back from 14 metres elevation to 21.5 metres for the NE, SE, and NW buildings and to 16 metres for the SW building and to reduce the stepback from 3 metres to 2.5 metres. Staff are also supportive of the variance to eliminate the 3-metre step back at the 24-metre elevation, given the building design elements which respect the Trinity Royal Heritage area on the east side of Water Street and the building design which incorporates balconies and cladding on the upper storeys. Conclusion Staff recommend approval of the application as it conforms to the overall intent of the Municipal Plan and Secondary Plan and supports mixed -use intensification of a strategic development site in the Central Peninsula. Design elements are proposed which minimize the impacts of the additional height. Given the analysis provided in this report, the rezoning is recommended along with an amendment to the Maximum Height map. A suite of Section 59 conditions is recommended relating to site and building design and servicing. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were assessed. ENGAGEMENT Proponent On September 27, 2021, the proponent presented the development concept, in conjunction with a public engagement event held in the Market Square Atrium on the refurbishment of the adjacent Market Slip public space. Public In accordance with the Committee's Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on December 1, 2021. Notice of the Public Hearing will be posted on the City of Saint John website prior to December 20, 2021. Page 19 of 20 10 Fundy Harbour Group 35 Water Street (South Market Wharf) December 10, 2021 APPROVALS AND CONTACT Author Manager/Senior Planner Commissioner Mark Reade, P.Eng., MCIP, RPP Jennifer Kirchner, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Mark Reade Telephone: (506) 721-0736 Email: Mark.Reade@saintjohn.ca Application: 21-0186 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Attachment 3: Design Review of the Fundy Quay Development Masterplan Submission 1: Site Plan Submission 2: Renderings and Elevations Submission 3: Phasing Plan Submission 4: Shadow Study Page 20 of 20 1-91312 co Y0 o o 0 0 0 LO (M N o v o � o O N m o 0 0 U co 0 0 m Z 0 O (7 ca N L a 0 E CL 0 0 0 cu E �L 0 L '(^D cu VJ Q N O CN co 0- N 0 N I0 0 0 c) o 0 o 0 Tu a) N a) N C a) L N 2 c N O a) U E 2 as Lco aa) J � d LL L6 a) Q C a) N Q N O i > a) ns aa) N N H c E U a a N O N pp (M O { O I � 0 0 LO �oCD �o 0 N M mO CD O O U co O O Z O O c� m ID Q m C a) E 0 LL U U U 2 U ry 0) c O N 0) c c U) aD N 2 ca d c (A U � N N N O � p � O � L U c) a- N O N zd W 4- Q) Q) Q) u CLO C u L�2 Q) 4- 0 Q) 0 U 4- Ul co 4- 0 V) 4- LI) Ul Ul Q) E 0 Ln O , 7 Q) c 0 u ro U� -53 0 Ln 4— ro Cap 0 Ln 4- 0 0 u ro 0 Ln O p C C O O 5` O p Q) O p 4 bA bA ro co N N N N d ro L L c3 co 2 2 4-1 _ l , i a f ti e r I O t ro � p cr a-1 O ) — ro ro O Ln Q a--" a--" Q) Q O ro 4 L Q a N ro cf. r ro �I i C'i m 4'�LL' O 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review Central Peninsula Secondary Plan Relevant Policy Rationale 2.1.1 The Uptown Design Characteristics: The proposed buildings range in height from 6- • Mid -rise and tall buildings to accommodate full storeys (25m) to 19-storeys (70m) and will build -out and to capitalize on market and zoning require an amendment to the height map. The provisions for commercial and residential density. height of the buildings will enable the site to accommodate a mixture of commercial and residential uses, therefore, increasing the residential density. The entire development is proposing to include approximately 677 housing units with the lower floors dedicated to parking, commercial and community/cultural spaces. The applicant has indicated that an affordable housing component for the Phase 1 Building is currently being explored. They intend to assess the viability of affordable housing during each subsequent building phase. • Prominent heritage buildings to inform new, The applicant has submitted a full coloured contemporary built form elements and infill rendering for the Phase 1 building, located at the opportunities. southeast corner of the site. The development site is located adjacent to the Trinity Royal Heritage Conservation Area, which is located on the opposite side of Water Street. The design of the initial building acknowledges the prominence of the surrounding brick heritage construction through utilizing it as the primary fagade material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The street wall height of the podiums in the proposed development are the same as the street wall heights on the opposite side of Water Street. • Where appropriate, buildings will incorporate The development will incorporate ground floor non-residential ground floor uses to maintain and commercial and community/cultural uses, which enhance a vibrant, pedestrian -oriented urban will help ensure an active streetscape. environment, animating the public realm. • Street wall heights are regulated through The development site is located between Loyalist setbacks and step backs to maintain a Plaza to the north and a vacant parcel to the comfortable, human -scaled built environment. south. Due to this location, there is not an established setback or street wall pattern for the western side of Water Street. The proposed 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review development will feature a setback that supports the establishment of an elevated pedestrian zone, public parking stalls and connection to the public realm (Loyalist Plaza and Harbour Passage). The proposed building design for the overall site will feature the use of podiums to establish a consistent 5-storey street wall for the entire site. As proposed for the Phase 1 building, the podium portion of the building will feature brick style cladding, which is inspired by the established neighbourhood. The use of a 5-storey street wall is in keeping with the context of the existing Water Street massing. • New infill development will feature a mix of The development will include a mix of uses uses and high -quality design which will maintain including residential, commercial, and and enhance urban form. community/cultural spaces. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. • A mix of structured and dense, on -street The building includes structured, interior parking parking to accommodate residents, employees, and surface parking which will accommodate the and visitors. various users of the space. On -street parking spaces are being developed on the adjacent portion of Water Street and will be owned and operated by the City's Parking Commission as public parking stalls. Nearby public parking lots will provide additional parking for employees, residents, and visitors to the building. Growth Concepts The proposed development of Fundy Quay aligns U-2 Develop the Central Waterfront as an with the vision for the site established within the educational and cultural destination Neighbourhood Plan. The proposed development 4. Promote the incremental development of of the site features active ground floor Fundy Quay as a mixed -use cultural destination commercial uses including patios, a hotel, office on the waterfront. space, substantial residential units and has identified a five -storey building to be developed as a Community/Cultural space. The mixed -uses proposed for the site will establish the area as a place people can live, work, and play within Uptown Saint John. U-3 Improve the east -west connections between 7. The proposed development is located adjacent the Central Waterfront and King's Square to Loyalist Plaza which is undergoing a 7. Enhance Loyalist Plaza as a contemporary transformation into a contemporary and vibrant public space through the installation of community space. The site design for Fundy Quay `fir -:all 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review imaginative seating, planting, and other landscaping elements. 11. Reconfigure the King Street right-of-way to enhance the public realm and reinforce the connection between King's Square and the Central Waterfront. 3.0 Building Design Goals 2. Use design to reinforce the human scale and sense of place. 3. Drive density to the neighbourhoods of the Central Peninsula to realize the growth targets 5. Recognizing the importance of the Uptown Neighbourhood as the City's Central Business District by ensuring high quality architecture and design elements in new and adaptive -reuse developments. will acknowledge its connection to Loyalist Plaza and has incorporated design elements to ensure that their private pedestrian zone will be connected and functional with the adjacent public space. 11. Fundy Quay is located at the base of King Street and represents the most western destination on this east -west corridor. This proposed development will enhance the Central Waterfront as a prime destination and will coincide with development of 99 King Street at the eastern portion of the corridor. 2. Due to the location of the subject site, there is not an established setback or street wall pattern for the western side of Water Street. The proposed development will feature a setback that supports the establishment of an elevated pedestrian zone and connection to the public realm (Loyalist Plaza and Harbour Passage). The proposed building design for the overall site will feature the use of podiums to establish a consistent 5-storey street wall for the entire site. As proposed for the Phase 1 building, the podium portion of the building will feature brick style cladding, which is inspired by the established neighbourhood. The use of a 5-storey street wall is in keeping with the context of the existing Water Street massing. 3. The entire development is proposing to include 677 housing units. This will contribute to the goal established in the CPSP to establish 1,200 to 1,500 new residential units within the Central Peninsula. The applicant has indicated that an affordable housing component for the Phase 1 Building is currently being explored. They intend to assess the viability of affordable housing during each subsequent building phase. 5. The design of the building acknowledges the prominence of the surrounding red brick heritage construction located in the adjacent Trinity Royal Heritage Conservation Area through utilizing a variety of brick materials as the primary fagade material on the street wall portion of the buildings. `1�s/7 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review The upper storeys, which are set back from the street, will feature a contemporary style of architecture that is subordinate in colours and textures to the design of the buildings' podiums. 6. Bolster an animated public realm by dictating 6. The building will feature ground floor active ground floor uses in appropriate areas. commercial uses which will help ensure an active and animated public realm. 7. Conserve and improve public waterfront access 7. The proposed development will be occurring through ensuring development is responsive and during a time when the City is undertaking a contextually appropriate. revitalization of Loyalist Plaza and is establishing an extension of Harbour Passage along the waterfront portion of the development site. The design of the building incorporates ground floor commercial uses which will activate the space and will provide a connection between the public realm (waterfront and Harbour Passage) and the private commercial spaces. 3.1 Built Form Due to the location of the subject site, there is BD-1 Ensure development is consistent with and not an established setback or street wall pattern respects the established historic block and street for the western side of Water Street. The grid pattern that defines the built character of the proposed development will feature a setback that Central Peninsula. supports the establishment of an elevated pedestrian zone and connection to the public realm (Loyalist Plaza and Harbour Passage). The proposed building design for the overall site will feature the use of podiums to establish a consistent 5-storey street wall for the entire site. As proposed for the Phase 1 building, the podium portion of the building will feature brick style cladding, which is inspired by the established neighbourhood. The use of a 5-storey street wall is in keeping with the context of the existing Water Street massing. BD-2 Protect public views to the water along key The proposed development will be occurring public streets and open spaces. during a time when the City is undertaking a revitalization of Loyalist Plaza and is establishing an extension of Harbour Passage along the waterfront portion of the development site. The design of the building incorporates ground floor commercial uses which will activate the space and will provide a connection between the IiFI-gJ l 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review public realm (waterfront and Harbour Passage) and the private commercial spaces. The development site is located between the view corridors of both King Street and Princess Street, which serve as east -west corridors in the area. The buildings are setback from the north and south property lines, providing space for the expansion of Harbour Passage (along the southern boundary), and establishing space for a pedestrian zone and loading/emergency access area. In addition, the buildings feature a podium design which will step back the upper storeys, thus enhancing the view plane to the waterfront. 3.2 Building Height The proposed development will require an BD-4 Consider proposals for development that amendment to Schedule G (Central Peninsula exceed the Zoning Bylaw provisions for height on Maximum Building Height Map) of the Zoning By - the Central Peninsula through an amendment to law to increase the overall building height. The the Zoning Bylaw. In evaluating such proposals Height Map currently allows building heights consideration shall be given to the following from 28 metres to 42 metres on the subject criteria: property. The request is to allow for an approximate height of 25 to 70 metres. • The proposed height variance does not negatively impact pedestrian street The proponent has considered the effects the conditions and sun exposure and wind building will have on shadows cast onto adjacent impacts are considered through the design. public spaces including Water Street, Harbour Passage and Loyalist Plaza. Renderings (see • The general intent and purpose of Plan SJ, submission 4) were provided for June 21", this Secondary Plan, and supporting Bylaws September 21" and December 21" and track the is maintained. shadows during different periods of the day. The proposed development will cast a shadow on a variety of public spaces at different times throughout both scenarios. The largest impacts are seen in the December scenario, which will largely impact Loyalist Plaza and Water Street. In addition, a Wind Study was completed and submitted to assess any impact the new construction will have on the pedestrian realm, including Loyalist Plaza, Harbour Passage, and the surrounding streets/sidewalks. The Wind Study indicates that the proposed development will not create unsafe wind conditions for pedestrians. The site development will generally improve existing wind conditions on the development site and the surrounding area. Some areas will see an increase in the wind conditions; however, the Wind Study has outlined some design `FI-fo 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review BD-5 Direct new tall buildings to areas where height currently exists, where height can be accommodated seamlessly, or where height is insulated from existing neighbourhoods due to topography or other site conditions. 3.3 Building Envelope and Massing BD-7 Ensure the massing of buildings considers and protects the pedestrian street level experience, including sky views and sunlight penetration to the street while minimize wind. considerations which will serve to improve some of the wind locations located along the building's perimeter, along the adjacent sidewalks, around the building entrances and for the proposed upper -level terraces. Staff recommends that these design considerations be incorporated as part of the detailed design for the buildings. The proposed development is located on Water Street between Loyalist Plaza and a parking lot. On the eastern side of Water Street, the buildings largely align with the proposed height of the 5- storey podiums that will feature in the new development. The proposed development is located within proximity to other tall buildings which are largely centred at the intersection of King Street and Chipman Hill, and south of the Princess Street and Water Street intersection. Of note is the Saint John City Hall Building which is a 16-storeys, the Brunswick House Office Tower which is 14- storeys, the Hilton Saint John which is 11-storeys and Market Square Tower which is 12-storeys. The proposed development will establish 5 new mixed -use buildings that will range in height from 25 to 70 metres. The proponent has considered the effects the building will have on shadows cast onto adjacent public spaces including Water Street, Harbour Passage and Loyalist Plaza. Renderings were provided for June 21" September 21" and December 21" and track the shadows during different times of the day. The proposed development will cast a show on a variety of public spaces at different times throughout both scenarios. The largest impacts are seen in December, which will impact Loyalist Plaza and Water Street. In addition, a Wind Study was completed to assess any impact the new construction will have on the pedestrian realm, including Loyalist Plaza, Harbour Passage, and the surrounding streets/sidewalks. The Wind Study indicates that the proposed development will not create unsafe wind conditions for pedestrians. The development will generally improve existing wind conditions on the development site and the 1IF%t3 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review surrounding area. Some areas will see an increase in the wind conditions; however, the Wind Study has outlined some design considerations which will serve to improve some of the wind locations located along the building's perimeter, the adjacent sidewalks, around the building entrances and the proposed upper -level terraces. BD-8 Provide transitions in scale to Heritage The proposed development site benefits from the Conservation Areas, low-rise residential areas, open spaces uses located on the adjacent and the waterfront. properties. The proposed site design incorporates design elements which will seek to mitigate the height of the proposed development. The establishment of 5-storey podiums will seek to tie the pedestrian realm and street wall to the patterns established on the east side of Water Street. The upper storeys will feature a step back, which will push the height away from the property lines and away from the pedestrian realm. 3.4 Street Wall Due to the location of the subject site, there is BD-11 Outside of the Trinity Royal Heritage not an established setback or street wall pattern Conservation Area, ensure street wall heights for the western side of Water Street. The maintain a comfortable, human scaled street proposed development will feature a setback that enclosure, generally a maximum of five storeys in supports the establishment of an elevated commercial areas and two storeys in residential pedestrian zone and connection to the public neighbourhoods. realm (Loyalist Plaza and Harbour Passage). And The proposed building design for the overall site will feature the use of podiums to establish a 3.5 Setbacks consistent 5-storey street wall for the entire site. BD-12 Establish provisions in the Zoning By-law to As proposed for the Phase 1 building, the podium ensure the street wall of new development portion of the building will feature brick style continue the prevailing setback pattern of the cladding, which is inspired by the established block face. neighbourhood. The use of a 5-storey street wall is in keeping with the context of the existing Water Street massing. 3.6 Pedestrian -Oriented Streets Schedule I: Active Ground Floor Use, of the City's BD-13 Designate primary commercial corridors in Zoning By-law, indicates that this site is required the Zoning By-law where non-residential uses will to have an active ground floor use along its Water be encouraged at the ground floor in order to Street Frontage. foster active ground -floor uses. Establish provisions in the Zoning By-law to allow flexibility The proposed development will incorporate in considering residential uses in designated active ground floor uses for all exterior facing commercial corridors where appropriate. portions of the buildings including Water Street, Loyalist Plaza and Harbour Passage. 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review PlanSJ Applicable Policy Rationale Uptown Primary Centre The proposed development will incorporate 5 Policy LU-13 buildings that will range in height from 6-storeys Council shall encourage the following land uses to (25m) to 19-storeys (70m). The development is locate in the Uptown Primary Centre: proposed to be mixed -use and accommodate commercial, community/cultural, and residential uses b. Major arts, culture, leisure and entertainment within the waterfront development site. facilities; c. Medium &high density residential, particularly in The development will include active ground floor mixed -use developments; uses that will benefit from the connection to both Loyalist Plaza and Harbour Passage. This will help e. Specialty retailing; activate the area year-round and will provide multiple uses for both residents and visitors within f. Restaurant and related establishments, including this prominent location. bars; The entire development is proposing to include approximately 677 housing units with the lower floors dedicated to parking, commercial and community/cultural uses. Policy LU-18 The proposed development will incorporate active Ensure the Uptown is a vibrant urban environment ground floor commercial uses, which will provide a that welcomes entertainment, dining opportunities, variety of people -oriented uses that will be attractive arts and cultural venues and events, and other for both residents and visitors. In addition, the people -oriented uses. building located in the northwestern portion of the site has been identified for future community/cultural uses. Policy LU-19 The development site will feature a variety of uses Ensure the Uptown maintains a compact urban form. within the development footprint. The uses will This can be achieved by developing supportive land include active commercial spaces, office space, use regulations in the Zoning Bylaw to direct high accommodations, community/cultural spaces and intensity mixed -use development to areas that can 677 residential units. support it, while maintaining the character of established lower intensity areas. Policy LU-20 The development site is located adjacent to the Ensure new construction in the Uptown is sensitive to Trinity Royal Heritage Conservation Area, which is its historic surroundings and neighbourhood context; located on the opposite side of Water Street. The however, modern expressions of architecture in the design of the initial building acknowledges the Uptown will also be encouraged. prominence of the surrounding brick heritage construction through utilizing it as the primary fagade And material choice for the podium fagades. The podium Policy LU-23 fagade will feature a selection of brick colours, which Encourage the application of high -quality urban will help establish visual breaks in the street wall and design standards for development within the Uptown promote a more positive pedestrian experience. 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review Primary Centre by incorporating the Urban Design Principles, established in the Municipal Plan, which support mixed -use urban forms of development. Policy LU-24 Encourage and facilitate commercial development opportunities at the street level by creating active and transparent storefronts, where appropriate. Policy LU-25 Ensure major new development provides opportunities for improved pedestrian connections at the street level. Pedway extensions may be considered, only where appropriate. Uptown Waterfront Policy LU-32 Establish a Waterfront Zone in the Zoning Bylaw to ensure high quality development and public realm experience for the Uptown Waterfront area. Proposals for major development will be considered through a rezoning process to ensure development occurs comprehensively and in keeping with the principles of the Inner Harbour Land Use Plan. In evaluating such proposals Council shall give consideration to the following: a. Providing increased public access to the Uptown Waterfront within development sites and to and along the water's edge; b. Permitting uses which position the Uptown Waterfront as a catalyst for new economic development and employment creation opportunities across the City; c. Creating a diverse and interesting waterfront offering a mix of land uses and a range of unique year-round activities and experiences; d. Creating the potential for new residential development to accommodate population growth in The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. The proposed development will incorporate active ground floor commercial uses, which will provide a variety of people -oriented uses that will be attractive for both residents and visitors. The proposed development is situated within the Uptown area, where extensive pedestrian connections have been established including the sidewalk network, pedway system and harbour passage. The City is currently working on a redevelopment of the Loyalist Plaza site and will include the extension of Harbour Passage along the waterfront portion of the development site. A pedway connection between the development and Market Square has also been included in the overall workplan. The proposed development of Fundy Quay aligns with the vision for the site established within the Neighbourhood Plan. The proposed development of the site includes active ground floor commercial uses including patios, a hotel, office space, substantial residential units and has identified a 5-storey building to be developed as a Community/Cultural space. The mixed -uses proposed for the site will establish the area as a place people can live, work, and play within Uptown Saint John. The entire development is proposing to develop approximately 677 housing units. This will contribute to the goal established in the CPSP to established 1,200 to 1,500 new residential units within the Central Peninsula. The development will be occurring during a time when the City is undertaking a revitalization of Loyalist Plaza and is establishing an extension of Harbour Passage along the waterfront portion of the development site. The design of the building incorporates ground floor commercial uses which will activate the space and will provide a connection between the public realm 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review the Uptown Waterfront, the Uptown and the South End areas; k. Promoting design excellence to create inviting places and high -quality landmark buildings; o. Conforming to the principles, objectives and design guidelines outlined in the Urban Design Chapter of the Municipal Plan; 4.1 Urban Design Goals 1. Ensure all development and significant redevelopment within the City contributes positively to the structure and urban form of the City through all aspects of its design. _O: 3. Encourage attention to civic design, architectural quality and excellence to foster the creation of distinctive, contemporary development and redevelopment that is well -suited to its time and place. 4.2 The Public Realm Policy UD-9 Consider the following guidelines for the development and enhancement of the public realm in the Uptown Waterfront: a. Maximize opportunities to provide direct public access or proximity to the water. Areas that are currently accessible will be protected and enhanced for public use. Harbour Passage will continue to be reinforced and enhanced as the spine of the public realm system. While it should be clear that Harbour Passage is a continuous trail, its character can vary in (waterfront and Harbour Passage) and the private commercial spaces. The development site is located adjacent to the Trinity Royal Heritage Conservation Area, which is located on the opposite side of Water Street. The design of the initial building acknowledges the prominence of the surrounding brick heritage construction through utilizing it as the primary fagade material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. The proposed development is situated on the Uptown Waterfront, adjacent to the Trinity Royal Heritage Conservation Area, which is located on the opposite side of Water Street. The design of the initial building acknowledges the prominence of the surrounding brick heritage construction through utilizing it as the primary fagade material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. The City is currently working on a redevelopment of the Loyalist Plaza site and will include the extension of Harbour Passage along the waterfront portion of the development site. A pedway connection between the development and Market Square has also been included in the overall workplan. `Fa 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review keeping with the quality and identity of the various sites it passes through. Over time, the majority of the Harbour Passage route will follow the water's edge; f. The quality and character of public spaces, landscapes and buildings in the Uptown Waterfront are essential to creating a memorable experience. Design buildings and open space projects to a very high standard with the use of quality materials and site furnishings to achieve durability and minimize maintenance costs, while also characterizing the Waterfront as an evocative and unique place; And The design of the initial building acknowledges the prominence of the surrounding brick heritage construction through utilizing it as the primary fagade material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of q. Demonstrate a well -articulated building fagade the buildings' podiums. with a regular pattern of windows and a highly transparent ground floor fagade on both the street and waterfront edges for all waterfront development. 4.3 Urban Design & Built Form Policy UD-9 Ensure all development proposals generally conform to the following General Urban Design Principles: a. That new development respect and reinforce the existing and planned context in which it is located through appropriate setbacks, landscaping, buildings entrances, building massing, architectural style and building materials. Specifically, the built -form of new development shall be designed to achieve the following objectives for specific areas of the City: b. Locating building entrances facing the public street; The cladding identified for the initial building will include a variety of materials such as masonry (brick, stone or pre -cast concrete) and composite metal panel/architectural panel. The applicant has also provided a list of prohibited cladding materials: • Vinyl siding • Plywood • Exterior insulation and finished systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block The design of the initial building acknowledges the prominence of the surrounding brick heritage construction through utilizing it as the primary fagade material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. Due to the number of buildings proposed on the site, and the potential layout of ground floor commercial units, the locations of building entrances will vary, with some of the entrances facing Water Street. 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review c. Designing sites to incorporate existing natural The development site is located on the Uptown features and topography; Waterfront. The overall site design proposes active ground floor commercial uses will be located along the extension of Harbour Passage and will provide a direct connection between the public and private realms. e. Incorporating innovations in built form, aesthetics The design of the initial building acknowledges the and building function to encourage high quality prominence of the surrounding brick heritage contemporary design that will form the next construction through utilizing it as the primary fagade generation of heritage; material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. f. Where appropriate and desirable, encouraging The proposed development will incorporate active active pedestrian -oriented uses and a high level of ground floor commercial uses, which will provide a transparency at grade to reinforce and help animate variety of people -oriented uses that will be attractive the public realm; for both residents and visitors. h. Using quality, durable building materials and a The cladding identified for the initial building will consistent level of design and detail for all elements include a variety of materials such as masonry (brick, of the building; stone, or pre -cast concrete) and composite metal panel/architectural panel. The applicant has also provided a list of prohibited cladding materials: • Vinyl siding • Plywood • Exterior insulation and finished systems where stucco is applied to rigid insulation • Vinyl windows • Cinder block i. Designing for visual interest by incorporating well- The design of the initial building acknowledges the articulated building fagades, landscaping, local prominence of the surrounding brick heritage history, public art and/or culture into sites and construction through utilizing it as the primary fagade buildings; material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is 1i'i .1Y1 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review subordinate to the traditional brick style design of the buildings' podiums. The development will establish active ground floor uses that intersect with the public realm including the waterfront, Loyalist Plaza, and the extension of Harbour Passage. A detailed landscaping plan, required at a future phase, will be required to enhance the connection between the active ground floor uses and the adjacent public pedestrian realm. j. Directing high-rise buildings to appropriate areas The proposed development is located on Water and ensuring their design is sensitive to the Street between Loyalist Plaza and a parking lot. On neighbourhood and/or heritage context; the eastern side of Water Street, the buildings largely align with the proposed height of the 5-storey podiums that will feature in the new development. The proposed development is located within proximity to taller buildings which are largely centred at the intersection of King Street and Chipman Hill, and south of the Princess Street and Water Street intersection. Of note is the Saint John City Hall Building which is 16-storeys, the Brunswick House Office Tower which is 14-storeys, the Hilton Saint John which is 11-storeys and Market Square Tower which is 12-storeys. I. Designing sites and buildings according to the Crime The 3rd Party Design Review provides commentary Prevention through Environment Design (CPTED) and suggested improvements regarding the site principles to promote safety and security, in balance design's alignment with CPTED principles. with other urban design goals; and m. Locating and screening parking and loading The building includes structured, interior parking and facilities so they are generally not visible from the surface parking which will accommodate the various street, particularly in Centres and Neighbourhood users of the space. On -street parking spaces are Intensification Areas; being developed on the adjacent portion of Water Street and will be owned and operated by the City's And Parking Commission as public parking stalls. n. Limit surface parking between the front of a The proposed site design strategically locates the building and the public street or sidewalk; service areas, including surface parking and loading zones, to less visible areas of the site. The surface parking is concealed by the buildings on the eastern, northern, and southern boundaries and part of the western boundary. The loading zone is co -located with the emergency access along the southern property boundary of the site. K Is, 0j 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review p. Design sites and building accesses that are barrier - free, convenient and have clear signage; and q. Generally locating surface parking, outdoor storage, loading and other service areas at the rear or side of the property and buffering or screening these functions from adjacent properties and the public realm. 4.3.4 Urban Design Principles for the Uptown Waterfront Policy UD-13 Encourage waterfront locations within the Uptown Waterfront to be reserved for those uses that require, or benefit from, a waterfront setting. In considering waterfront development projects, Council shall give consideration to the following built form principles: a. Wherever appropriate, development proposals will demonstrate opportunities for the site to be intensified over time. The objective is to promote the highest and best use of waterfront lands so that a critical mass of activity is achieved; b. A mix of uses will be provided in new development proposed on larger site(s) and/or where more than one building is proposed. Appropriate uses include: residential, business or commercial, institutional, Port -related, and community facility or public uses; c. Active public uses will be located at grade in new buildings which demonstrate a well -articulated building fagade with a regular pattern of windows and a highly transparent ground floor fagade on both the street and waterfront edges to provide an animated edge to public areas and an enhanced pedestrian atmosphere. Wherever possible, these uses will front onto Harbour Passage and pedestrian promenades as well to enhance their animation and safety; And d. The provision of retail, restaurant and other service -oriented uses within the Uptown Waterfront The building will be constructed to meet the requirements of the National Building Code of Canada. The proposed site design strategically locates the service areas, including surface parking and loading zones, to less visible areas of the site. The surface parking is concealed by the buildings on the eastern, northern, and southern boundaries and part of the western boundary. The loading zone is co -located with the emergency access along the southern property boundary of the site. The proposed buildings range in height from 6- storeys (25m) to 19-storeys (70m). The height of the buildings will enable the development site to accommodate a mixture of commercial and residential uses, therefore, increasing the residential density in the area. The entire development is proposing to include approximately 677 housing units with the lower floors dedicated to parking, commercial, and community/cultural spaces. The proposed development will incorporate active ground floor uses on all portions of the buildings that front onto Water Street, the Waterfront including the extension of Harbour Passage, Loyalist Plaza, and the adjacent property to the south. These are intended to include service -oriented uses, retail, and restaurants, amongst other compatible uses. The incorporation of active commercial ground floor uses will attract visitors and residents to the space and help animate the surrounding public spaces. In addition, through the use of these spaces, in addition to other uses placed on the upper storeys, it will provide a sense of safety to the public space users, as KCl 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review will be balanced with and complementary to those of the private spaces will look -out on the public spaces. the Uptown; This aligns with CPTED principles. e. Residential development within the Uptown Waterfront will provide a variety of housing options that are attractive to people of all ages and incomes; g. That new buildings will be strategically positioned to frame significant outdoor public spaces, helping to reduce the impact of waterfront climatic conditions, including sun, wind and fog; h. That important public views to and from the Inner Harbour will be maintained and enhanced by organizing new development to frame existing public views and sight lines, towards the Harbour as well as back into the City, and to open up new public views and sight lines not currently available; The proposed development will include 677 housing units. The size and type of units will be established during the detailed design of each building. The applicant has indicated that an affordable housing component for the Phase 1 Building is currently being explored. They intend to assess the viability of affordable housing during each subsequent building phase. The proposed development in located on the Uptown Waterfront directly adjacent to Harbour Passage and Loyalist Plaza. The proponent has considered the effects the building will have on shadows cast onto the adjacent public spaces. Renderings (see submission 4) were provided for June 21", September 215t and December 21" and track the shadows during different periods of the day. The proposed development will cast a show on a variety of public spaces at different times throughout both scenarios. The largest impacts are seen in the December scenario, which will largely impact Loyalist Plaza and Water Street. In addition, a Wind Study was completed and submitted to assess any impact the new construction will have on the pedestrian realm. The Wind Study indicates that the proposed development will not create unsafe wind conditions for pedestrians. The site development will generally improve existing wind conditions on the development site and the surrounding area. Some areas will see an increase in the wind conditions; however, the Wind Study has outlined some design considerations which will serve to improve some of the wind locations located along the building's perimeter, along the adjacent sidewalks, around the building entrances and for the proposed upper -level terraces. The proposed development will be occurring during a time when the City is undertaking a revitalization of Loyalist Plaza and is establishing an extension of Harbour Passage along the waterfront portion of the development site. V01-4 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review The design of the building incorporates ground floor commercial uses which will activate the space and will provide a connection between the public realm (waterfront and Harbour Passage) and the private commercial spaces. The development site is located between the view corridors of both King Street and Princess Street, which serve as east -west corridors in the area. The buildings are setback from the north and south property lines, providing space for the expansion of Harbour Passage (along the southern boundary), and establishing space for a pedestrian zone and loading/emergency access area. In addition, the buildings feature a podium design which will step back the upper storeys, thus enhancing the view plane to the waterfront. i. That new development incorporates appropriate The proposed development site benefits from the transitions in building heights, stepping down to the open spaces uses located on the adjacent properties. water's edge where appropriate; The proposed site design incorporates design elements which will seek to mitigate the height of the proposed development. The establishment of 5- storey podiums will seek to tie the pedestrian realm and street wall to the patterns established on the east side of Water Street. The upper storeys will feature a step back, which will push the height away from the property lines and away from the pedestrian realm. j. Landmark or iconic buildings will be developed at The proposed development will become a landmark strategic locations throughout the Uptown on the waterfront due not only to its scale and Waterfront. All such buildings with direct frontage height, but due to the role it will play in shaping the onto the waterfront will be designed as evocative neighbourhood for future generations. The waterfront icons, identifiable from the water or from development is considered a Big Move or a Catalytic the City; project within the Neighbourhood Plan due to its prominence, impact on the established neighbourhood and its mixture of uses including commercial, residential, and community/cultural spaces. The design of the first building acknowledges and honours the history of the City, by using varying brick materials on the podium of the building. The podium, through its scale and materials, directly connects with the adjacent Trinity Royal Heritage Conservation Area. The podium is designed to establish compatible street wall, a welcoming pedestrian experience and to establish the active ground floor spaces as V6,043 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review compatible in scale to the existing neighbourhood context. The upper storeys, stepped back on the podiums, will feature a contemporary design that will be visible from both the water and other locations within the city. The placement and scale of the four primary buildings will make the site easily identifiable and will establish a new liveable community within the Uptown core. k. The architectural vernacular of the Uptown will be The design of the initial building acknowledges the respected in development along the Waterfront, prominence of the surrounding brick heritage through compatibility in character and quality, construction through utilizing it as the primary fagade materials, massing and scale; material choice for the podium fagades. The podium fagade will feature a selection of brick colours, which will help establish visual breaks in the street wall and promote a more positive pedestrian experience. The upper storeys incorporate a contemporary design and a neutral colour palette, which is subordinate to the traditional brick style design of the buildings' podiums. m. Uses that draw or serve the public, at many times The proposed development will incorporate active of day and across seasons will be provided; ground floor uses on all portions of the buildings that front onto Water Street, the Waterfront including the And extension of Harbour Passage, Loyalist Plaza, and the n. 'Active building faces' are achieved by strategically adjacent property to the south. These are intended locating public and/or private uses capable of to include service -oriented uses, retail, and animating public routes and spaces; restaurants, amongst other compatible uses. The incorporation of active commercial ground floor uses will attract visitors and residents to the space and help animate the surrounding public spaces. All uses that provide a visual connection between the private and public spaces will provide a sense of safety to the public space users. p. Buildings will be highly transparent at grade in The active ground floor spaces will incorporate order to permit public views from the street side glazing that ranges from 50-80% and all above grade through to the Harbour side; and floors will feature a glazing range of 25-60%. The final composition of glazing areas will be based on the uses allocated for the portion of the building and will be established during the detailed design for each building. q. Parking areas will not be permitted between the The development of new on -street parking spaces public street and the building front. has been proposed, which will not remain as private Kra 35 Water Street: Central Peninsula Secondary Plan and PlanSJ Review Policy UD-14 Encourage new waterfront development to actively promote environmental sustainability, taking into account changes in sea level caused by climate change. New development will also demonstrate leadership in the reduction of greenhouse gas emissions, and sustainable planning, design, building systems and construction practices. 5.1 Neighbourhoods & Housing Goals 1. Provide an appropriate range of housing types, unit sizes, affordability and form of ownership at various densities and scales that meet the needs and income levels of current and future residents of the City. 2. Promote building designs and densities for new housing which efficiently use land, resources, infrastructure and public facilities, and support and contribute to safe, vibrant and pedestrian -friendly streetscapes and neighbourhoods. 3. Support opportunities to increase the quality of available housing, particularly with respect to the existing rental stock available in core neighbourhoods. 8.7 Parking Policy TM-61 Encourage the construction of underground parking and multi -level parking structures for new developments, and where possible such parking facilities should provide publicly accessible parking as well. Council shall encourage facilities facing public streets and/or Harbour Passage to have active uses or well -designed fagades at grade to ensure an attractive pedestrian atmosphere. parking dedicated to the development. All private parking spaces are located to the interior of the site and/or are included in the buildings' parkades. The site is included in a City project which will raise the seawall in order to provide additional protections against sea level changes associated with climate change. The proposed mixed -use building is an infill development which utilizes existing city infrastructure including streets and water and sewer line. The development site is also located in close proximity to public transit, community spaces (Loyalist Plaza, Harbour Passage), and other public facilities (e.g. Public Library, New Brunswick Museum, and Canada Games Aquatic Centre). The proposed development will incorporate commercial and community/cultural space with 677 residential units. The ground floor commercial uses will help ensure a vibrant and active streetscape. The introduction of new residential units will continue to support the growth of the Uptown neighbourhood. The applicant has indicated that an affordable housing component for the Phase 1 Building is currently being explored. They intend to assess the viability of affordable housing during each subsequent building phase. The building will feature interior parking that will not be visible to the public. The parking provided will be for the use of the building tenants. A variety of public parking options are available within the vicinity of this development including on -street parking and public parking lots. KO I Design Review of the Fundy Quay Development Masterplan Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 2M Design Review Summary The following document provides review, comments and suggestions of the Fundy Quay Masterplan developed by Lydon Lynch Architects for Elias Management Group. The masterplan proposes the construction of 5 buildings, developed in five separate phases. The duration between the start of each phase will be determined by market demand. The developer is not held accountable to the programs or occupancy type, only massing and other specific items that may be suggested in this document, nor would there be any penalty for not completing all phases. This review is divided into 3 chapters. 1. Full Masterplan: A review of the completed 5 phase development in terms of massing, shadow study, building heights, site landscaping plan, public realm integration and impacts on adjacent public property (Water Street, Harbour Passage, Market slip). 2. Phase 1 Building: A review of architectural and urban design elements of the building, (i.e. massing, materials, appropriate access and public realm integration) and building design in the context of the surrounding built environment, with a particular emphasis on the pedestrian experience. Recommendations associated with design elements include cladding materials and step backs to ensure the building is designed to complement the existing context and achieve a positive public realm. 3. Full Masterplan Recommendations: Proposed site design/parking strategy. Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 t 43 wane flenr Wn ` CAA EM T y'wswr �� ti- Phase 4 Phase 5 Phase 2 Phase 1 b Phase 3: Landscape of public space only Building is not included in phasing strategy 2 Full Masterplan Massing: The masterplan proposes a variance from current by- laws, to increase the allowable height of the podium facades along Water Street. The intention is to match the existing (east side) Water Street facades. r d i IL k II Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 The proposed street wall of the podium along Water Street is in keeping with the context. However, if additional floor to floor height be requested, it is recommended that the total podium height match the existing East side of Water Street of 25m, +/-1m. It is more important that the overall street wall height the same, rather than the number of storeys. `JX.ij 3 Full Masterplan Massing: The street wall next to North Market Wharf- 5 storey: is in keeping with the context of the existing built form. Though North Market Street buildings are a floor lower than the proposed masterplan buildings from phase 3, 4, and 5, the distance is far enough away that they will feel similar enough. The 3 new buildings will create a new street wall, resulting in a comfortable sense of enclosure around the new park. In addition, activating the ground floor will provide a positive pedestrian experience support the retail and hospitality businesses. Breakhouse° Design Review of the Fundy Quay Development Masterplan 4 November 2021 Full Masterplan Massing: A variance for additional building height proposed in the masterplan is acceptable because the building design maintains a consistent street wall, which makes the height of a tower of little consequence to the pedestrian experience. Three towers on one urban block, as designed is not consistent with the surrounding context. However the 2.5m set back, proposed for the tower from the podium, creates the necessary separation of the f tower massing from the street wall. This will create the perceived consistent pedestrian experience of °-kEilll�q E�� the built form, between the new and old buildings. Therefore, the towers in their proposed locations do not create a problem for the perspective of the pedestrian experience. The proposed towers however may create undesirable wind speeds in specific locations of the masterplan. This is discussed further the following page: Wind Study. Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 W401 Full Masterplan Wind Study: The wind study provided by RWDI does indicate a few problem areas that have uncomfortable wind speed as a result of the proposed design. (A) Channeling generated by the new street wall along Water Street will increase the average wind speed at street level. While this is not necessarily problematic, on average it is however likely to increase the number of uncomfortable days for pedestrians sitting on street side patios. Additional trees and landscaping conducive to reducing wind speed should be implemented here. (B) Channeling winds at the South East retail/commercial entrances for Phase 1 will be uncomfortable, on average, for pedestrians. The high winds are not largely a result of down drafts so the canopies shown in the design will not significantly reduce wind speed. However, recessed entries and other vertical obstructions would be advisable. Further testing following design resolution will be needed to validate and prove the design is reducing wind speeds to a comfortable norm. (C)The landscape area, surroundingthe Phase Three building is programmed to be a leisure, public outdoor space, but the building in its current design has sharp corners which increases wind speeds and discomfort. Rounding the building's corners, in addition to other design strategies outlined in the RWDI study will be important in this area. (D)The close proximity of the towers to one another generates a severe down draft onto the podium terraces, which will not create the desired design intention of these spaces. As written by Lydon Lynch as design rational for the terraces: `Atop the podium rooftops, each building will provide its residents with high quality indoor and outdoor amenity spaces. A portion of the roofs will be Breakhouse° green roofs in order to provide residents with green space, leisure activities..."Additional canopies are likely the only potential solution to reduce wind speed, but likely not to the degree of comfort, as required for the program intended. Further design iteration and testing is required. Design Review of the Fundy Quay Development Masterplan November 2021 2V Full Masterplan Shadow Study: The towers located on the northern edge of the site provide minimal shadow throughout the day onto the internal courtyard space, but create extensive shadows over the public park to the north. An argument could be made that the commercial tower located over the Phase 4 block would work better if located over the phase 2 building (A), casting a shadow over the interior parking lot instead of the public park. Preferably, the interior courtyard area would be sunny in the winter, but the low 6 storeys Summer Solstice 12:00 Winter Solstice 12:00 Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 would cast a full shadow over the courtyard in the winter anyway. Therefore, building the tower there instead would not change the sun loss in the area dramatically over the winter, but would allow more sun for the public park. (B) Shadows will be cast over Water Street. The existing buildings and ground floor uses will be impacted by both an increase in shadow through the later afternoon and increased wind speeds, as mentioned in the Wind Study. Summer Solstice 5:30pm Winter Solstice 5:30pm Full Masterplan Pedestrian Experience: The interior courtyard is largely surrounded by parking garage structures. (A) The resulting pedestrian experience of the interior courtyard (C) will not be positive or create a feeling of safety in the evenings. This area (C) has proposed retail, which needs high pedestrian traffic to be successful. However, getting to the courtyard space from Water Street and the Harbour Passage Trail means traveling through passageways that have 5 storey parking garage facades (B) - undesirable and uninviting to walk in. These narrow passages require pedestrians to travel in one direction for the length of each podium, which when unsupervised will commonly lead to an uneasy and unsafe pedestrian experience. Mitigation and design responses to improve this include surrounding the interior courtyard with residential occupancy. Parking would go underground, or the entire courtyard level (C) raised to accommodate a level of parking. Alternatively, the space between the buildings offer alternative paths of travel or are populated by commercial/retail and residential occupancies. The resulting pedestrian traffic from the design, will be that the most commonly, people will enter the courtyard will the river side (West End). In the evenings / after working hours, the area will not be visible from the street and only a very small section of residential apartment units, leaving no "eyes on the park" which also adds to a very unsafe and unpleasant space. (C) { II � IIIIII■ Example, upper level parking garage along Chipmanhill, Saint John. Breakhouse° Design Review of the Fundy Quay Development Masterplan 8 November 2021 20 Full Masterplan Pedestrian Experience: The Water Street pedestrian experience will be improved greatly with the addition of the proposed buildings, in essence completing the street with retail and commercial functions on the ground floor. Concept image (not by Lydon Lynch Architects) Illustration of proposed street wall from the Phase 1 development on Water Street. Breakhouse° Design Review of the Fundy Quay Development Masterplan 9 November 2021 Full Masterplan Pedestrian Experience: Raised pedways attract pedestrian traffic off of the street below. This decrease in foot traffic is detrimental to retail and hopitality businesses on the ground floor. Pedestrian movement should be drawn down to street level to give these businesses a better opportunity for success. Though extremely conveniel to pedestrians, the urban repercussions of pedways are damaging enough to businesses that they should not be used in this development. Purdy's Wharf (A) in Halifax is a good example of the challenges that come with pedways. The result of the successful traffic corridor has removed all retail, hospitality and commercial uses from the ground floor. Although the buildings are close to the water and enclose the largest privately -owned /eh space in the city, tenants of the building the ground floor as a basement. These sp been the most difficult to rent because s there. Mitigation is currently underway topedestrian traffic by redesigning pedestripoints to the ground floor in efforts to inc to the ground floor. Raised Pedway ®ryNapeOw6ay system. (above) V7IV loll- r Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 Full Masterplan Site Landscaping: Elevated sidewalks increase vehicular traffic speed which decreases pedestrian safety. The example included is from Toronto (A). It does not have parking along the edge of the raised level, however it shows the separation of pedestrian and vehicular traffic. From the designs illustrated, it is unclear how pedestrians will move from the parking spot safely to the elevated sidewalk. However increased division of spaces, having a vehicular zone next to pedestrian zone increases vehicular speed, and does not result in increased safety. Further, barrier -free access from the parking spots is not clear from the proposal and may cause safety concerns. Breakhouse° Design Review of the Fundy Quay Development Masterplan 11 November 2021 Full Masterplan Site Landscaping: Harbour Passage trail continuation could be a big success. If bordered by retail spaces and residential areas, this will create a safe and appropriately scaled pedestrian friendly experience. The wind study as performed by RWDI and comments provided by Breakhouse suggest a need for some landscape items and design changes to the southwestern point (A) to increase comfort levels resulting from high winds. r Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 Phase 1 Building Architectural Design: • Material choices, using a variety of brick on the podium facades compliments the surrounding context (A) • Facade variety and proportions fit in with existing context very well. (B) • The small section of the tower that connects directly to the grade by the break in the street wall (highlighted in blue) is not in keeping with the surrounding context but is a strong successful formal strategy. It creates an awareness of the tower entrance location in a modern language within the existing older/traditional formal language. (C) • There isn't a singular language for windows except -tr that all of the existing buildings have punched windows which vary in size and design. This variety has been carried over well in the proposed building. Materiality and ®proportions _15 L Z RR L&mOI14 IA Lerd14 sr>l n_ LJl L11 W 7IDj®j Lanl It _ Laef 11 ■]■]■_rpr��y IOU,._LrA 09 '1L"-�f� j'�[i $ _ j1�—Tad tev�69 - Im -- 6 99 Ai 61 i? l 11 L-u �u I-l1 r'f a4 4 _ ®' I ME , - Lard @ 5 o, oil] 9 - 1 ! '1 1I V 7-11M 'i i iLHfaf Lard r sm E —q 02OPJI�- o � _ = _ _ a 9P9g pogagg C 0000 g9 MC-6- _ Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 r1-*1E:j 13 Full Masterplan Recommendations: There are a significant number of challenges resulting from the design and placement of the parking structure which create a negative pedestrian experience. Such as: 1. Significant parking area 3 and 4 storeys above grade decrease "eyes on the park" therefore reducing perceived safety. 2. The entrance into the courtyard space from Water Street and the two side entrances are between two long parking garage facades, which creates a perceived level of risk to pedestrians walking through. 3. The interior courtyard, though accessible at grade in its current design, will have little pedestrian traffic in shoulder seasons and no visibility from Water Street. This creates a perceived barrier to pedestrians and decreases the area's foot traffic. The proposed suggestion: Two levels of parking over the entire site (A). The first is below grade and the second above grade, creating a raised courtyard (B). The retail spaces around the perimeter cover the parking garage, creating a continuous retail experience. (C) Removing parking from the building podiums creates a smaller building footprint, increasing publicly accessible spaces with direct access into residential and commercial areas. At the same time, because the parking is below grade, there is an increased area of residential units and commercial floor area to each of the four buildings surrounding the courtyard. Sub -grade parking below water levels is not uncommon in areas bordering large bodies of water. Bishop's Landing in Halifax is a good example worth studying. Breakhouse° Design Review of the Fundy Quay Development Masterplan November 2021 Parking. divided Into 4 areasI. for a di our rn 1 parking level on proposed grade 1 parking level under proposed grade cwrent proposal shawl approx. 1730M sgft of parking suurlested parking deslpn - 198,OM sgft of parking Perlmeter recall along gee tildes second floor parking garage PwIlp to raised mur4yard — , — Sghs to raked courtyard — ccvlwmereial M rased [dlrrtynM level redWeed Mnlahlg fmlpdnt —.. With krcreased resfderMl afld — recall at raised courtyard level sammernal f rl � Breakhoume lo �o .� 991, ` 6C 1 m 3381S 831vm 1, 1 6 wE -1111 j=� ] -611 ] -8s'9 g 1 6 16 8 S]]ViNNdVJ9I, -o o 8 80 00 01 00 1 illdis dlivm 991, 9ZI, WZZ6 wLZL w9c9 wq w ze w ge 99 COOL 0 w69C w691 �wogoo, w CZ w �c E AVIV-d en W 9z WZLZ 1O 0 11 01 m 19:3 C.3 Q Now, OA A�AW AMM�AW Advo-.,tv 'A- �Aff --tw 'EffM- 40.0 �Aw 6 40 Fl i i i i �II�I1� .II..II. i i i : : i ��W� �ie��_ ■ .a...... �■ ■f=: ■ �� H ■L. 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U �o— So o_ z �� 60 E LL (n 0 _ - - W � C 2 N oll m � x C \�, O O 0 � � R ^ m - N o U I R y 'T N 1. N N m _ r mEs oa Q �1 Z it RBU MPINS7RBBT - __ To o 1 N x m d = � o U > / + v o � n _ N U 0 r,, � 6i v s y O m o++Q From: Jeff McAloon To: OneSton Cc: Reade. Mark Subject: Zoning amendment Fundy Quay Date: December 7, 2021 6:54:07 PM [ External Email Alert] "Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spamsample@saintjohn.ca or contact IT Service Desk at 649-6047. * * Thank you for the notice of amendments being considered for the future Fundy Quay site. I live at 115 Prince William St and am in full support of the proposed changes. This is an outstanding development for our city's core and I couldn't be more pleased to see it advancing. Cheers Jeff Jeff McAloon Chief Revenue Officer The Smart Energy Company www.thesmartenergycompany.ca P161A Reade, Mark From: Reade, Mark Sent: December 14, 2021 3:59 PM To: Burgess, Aimee Subject: FW: 35 Water Street Aimee, can you send this to PAC? It doesn't look like it is in the package on-line. Thanks Mark From: Planning Admin <planningadmin@saintjohn.ca> Sent: December 13, 2021 11:03 AM To: Reade, Mark <mark.reade@saintjohn.ca> Subject: FW: 35 Water Street From: OneStop <onestop@saintjohn.ca> Sent: December 13, 2021 11:01 AM To: Planning Admin <planningadmin@saintjohn.ca>; Burgess, Aimee <Aimee.Burgess@saintjohn.ca> Cc: OneStop <onestop@saintjohn.ca> Subject: FW: 35 Water Street PAC Response Paula Hawkins One Stop Development Shop Customer Service Centre Ground Floor — City Hall (506) 658-2911 Paula. hawkins(a)-saintiohn.ca From: Andrewachase@hotmail.com <andrewachase@hotmail.com> Sent: December 11, 2021 8:26 AM To: OneStop <onestop@saintjohn.ca> Subject: 35 Water Street [ External Email Alert] **Please note that this message is from an external sender. If it appears to be sent from a Saint John employee, please forward the email to spa msample@saintiohn.ca or contact IT Service Desk at 649-6047.** Planning and Advisory Committee, I would like to state my opposition to the construction of an overhead pedway from the Fundy Quay site to Market Square for two reasons: 1 236 1. It will disrupt the flow and view of King Street and King's Square from market slip and the harbour. It may be an eyesore on the uptown area when coming over the harbour bridge and appear disjointed compared to the surrounding area. 2. It removes pedestrian traffic from the streets which makes it difficult for street level businesses to succeed and steals vibrancy from the public realm. If businesses cannot survive, they will become empty spaces which will deteriorate the look and feel of the site. The money saved in construction costs could be used to ensure accessibility for the disabled on the site, and improved / safer street crossings and lighting. Thank you Andrew Chase P49Y/ Developrent Shop r�LN s��c, l��uir.lJlN(, l�lxnstxut.riINr snnvmJaxty OneStop@saintjohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : PID # : LU HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N Z) LL APPLICATION #: DATE RECEIVED: Q "' RECEIVED BY: APPLI CANT EMAIL PHONE Z 0 MAI LING ADDRESS POSTAL CODE H Q CONTRACTOR EMAIL PHONE O w z — MAI LING ADDRESS POSTAL CODE H Z Q U J OWNER EMAIL PHONE CL CL Q MAI LING ADDRESS POSTAL CODE PRESENT USE: PROPOSED USE: BUILDING PLANNING INFRASTRUCTURE HERITAGE Q❑ INTERIOR RENOVATION ❑ NEW CONSTRUCTION ❑ VARIANCE ❑ STREET EXCAVATION ❑ HERITAGE DEVELOPMENT Q ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAYCULVERT ❑ HERITAGESIGN H ❑ ADDITION ❑ POOL ❑ PAC APPLICATION ❑ DRAINAGE ❑ HERITAGEINFILL J Q ❑ DECK ❑ DEMOLITION ❑ COUNCIL APP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y w ❑ CHANGE OF USE ❑SIGN ❑SUBDIVISION ❑OTHER El OTHER 2 U ❑ MINIMUM STANDARDS ❑ OTHER ❑OTHER w O z O Y 0 H O zz U v7 w ❑ I consent to the City of Saint John sending to me commercial electronic messages, from time to time, regarding City initiatives and incentives. General Collection Statement This information is being collected in order for the City of Saint John to deliver an existing program / service; the collection is limited to that which is necessary to deliver the program / service. Unless required to do so by law, the City of Saint John will not share your personal information with any third party without your express consent. The legal authority for collecting this information is to be found in the Municipalities Act and the Right to Information and Protection of Privacy Act. For further information or questions regarding the collection of personal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB E21, IE8 CommonClerk@saintjohn.ca (506)658-2862 me C;n a �., Sohn I, the undersigned, hereby apply for the permit(s) or approvall's), indicated above for the work described on plans, submissions and forms herewith submitted. This application includes all relevant documentation necessary for the applied for permit(s) or approvall's). I agree to comply with the plans, specifications and further agree to comply with all relevant City By-laws and conditions imposed. Applicant Name Applicant Signature Date 23 eeaq7p ut SINFRA�Shop� Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS I APPLICATION # I FEE PAID I Y I N TYPE OF APPLICATION Land for Public Purposes Release Application Fee: $350 Section 59 Amendment Application Fee: $2,650 Non -Conforming Use Application Fee: $250 Zoning By-law Amendment Application Fee: $2,650 Satisfactory Servicing Application Fee: $350 Zoning By-law Amendment with Municipal Plan Amendment Application Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 59 conditions, zoning, or Municipal Plan designation being requested. Attach site plans, building elevations, floor plans, and other documentation to fully describe the application. The submission of a preliminary proposal and a Pre -Application Meeting is encouraged prior to seeking approval. Please contact the One Stop Development Shop at (506) 658-2911 or OneStop@saintjohn.ca for further information. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. AUTHORIZATION As of the date of this application, I, the undersigned, am the registered owner of the land described in this application or the authorized agent thereof, and I have examined the contents of this application and hereby certify that the information submitted with the application is correct insofar as I have knowledge of these facts, and I hereby authorize the applicant to represent this matter and to provide any additional information that will be necessary for this application. Registered Owner or Authorized Agent Date Additional Registered Owner Date The information contained in this application and any documentation, including plans, drawings, reports, and studies, provided in support of this application will become part of the public record. Council Application Form 2021 06 01 239 Approvals Parcel X Part 2' Plan 1532 228\ PID 55026 Subject to Navigation Rights See plan 1532 See plan 29301794 Title Data PID 552D9159 & 55209167 Owner: The City of Saint John Document 31649172 Registered: 2012-06-28 PID 552 1899 & 55221907 Owner: The City of Saint John Not Land Titles Document 33263410 Registered: October 30, 2013 Detail �00- 2411011 MAVIN "'Al IN The City of Saint John Document 315100, Volume 1045, Page PID 55024442 The City of Saint John Document 32064678 PID 55151351 Signature of Owners for. The City of Saint John Title Data �m 3m 3C ~' ,s ¢t p Ed E-1 No B.IlBuiltl Zane Wh (halchedana) Key Plan / 81 South Matk'Is, 5 2�''sa\ o�1on o4 "asement A" p-asemsnt 5 ;ai V om&2\ 25 wide EasomontmtavDr oS sB Detail 43:142 ��T 552p1 I ' O 4 5T" .Municipal Services \ Easement % o \ 18-1 fi88]m'Y o, cl G � 3 \ a 3 3 \\\p gt41 piD 55209159 p1D 5520916T ' Bement and 9 0 whdEaso+naUfE � n'a{avot of 1& PID 55011894 The Market Square Corporation to The City of Saint Jahn Document 351723, Volume 1327, Page 567 Dated: December 30, 1988 Registered: January 11, 1989 Scats = 1'20.p00 Legend The City of Saint John op SMS- Standard aurvay markeraat Document 315100, Volume 1045, Page 440 BQ SMF- Standard survey marker found Sea Plan 891 PID 55006886 Q CALC - Calculated point p RIB - Round iron bar found ■ SGIB- Square iron bar found O IP - Iron pipe found Tabulated coominute reference Lands dealt with by this plan Notes 1. All 5 d computations performed and coordinates shown are based on the NB stenographic double i v g w projection and the NAD83(CSRS) ellipsoid as reallzed by Send- New Brunswick's Adjusted Old Monument iX = - m (p n System. 2. All distances shown are grid distances calculated (D m using a combined scale factor utilizing geoid model HT2.0. 3. All directions are NB grid azimuths established ing GNSS. Document and plan numbers referred to are those of the land titles or county registry office. - 5. Certification is not made as to legal title, being the domain of a lawyer. nor to the -ming & setback bylaws 256"4128' ' ' ' ' p�D 55�Zh9p1 0 or regulations, being the domain of a developm— p1Qofficer 5522�gp7 6. CadIlpstID r Is not mads as to cove Tanta set out In PlD 5520916T ' \ om In tlohumerus) and the location ofany underground and or fixtures permanent or otherwise 18-2 1.88he Lot 05-1 Plan 25342206 PID 55190268 Public Utility Easements These easements vest in Bell Canada and Saint John Energy pursuant to Section 88(7)(b) of the Community Planning Act and Regulation 84-217. The easements shown on this plan conform to the requirements of the following Utility Companies: For: Bell Canada For: Saint John Energy M Peripheral information and adjacent owner o a Ot N y \ Jv Information was derived from SNB records. 8. Field survey was completed in April, 2018. oPurpose of Plan -� N \ a ' . To create Lots 18-1 and 18-2. • To create Public Utility Easements. �- \ • To create Municipal Services Easements. 260°2901" 1 39T • To show Easement E-1, a No Build Zone. • To show Easement E-2, a 3.000 wide easement to be released. • To show Easement E-3, a 9.0 wide easement in favor of 18-1. • To show Easement E4, a 2.5 grid, easement in The C favor of 18-1. • To show Easement E-5, a 2.5 wide easement in Saint hn fa orof 18-1. • To show Easement E6, a 2.5m wide easement in Document 15100, Volume 104 favor of 18-2. Municipal Services Easements These easements vast In the City of Saint John pursuant to Section 87(6)Pd of the Community Planning Act and Regulation 84-217. a L Subdivision Plan City of Saint John Subdivision Water Street City of Saint John Saint John County, NB 0 7.5 15 22.5 30 37.5 73 Scale =1:75D lo �o .� gg� ` 6C 1 m 3381S 831vm 1, 1 6 wE -1111 j=� ] -611 ] -8s'9 g 1 6 16 8 S]]ViNNdVJ9� -o o 8 80 00 01 00 1 illdis dlivm -ZZ6 wLZL w9c9 'w q w ze E w ge E Flu E V -gg w COOL 0 w69C w 69L wogo. LL w CZ w Zc E -AVIV-d E W, 9z W o 'o Eo .88� o 1O 0 11 01 Now, OA A�AW AMM�AW Advo-+tv 'A- �Aff --tw 'EffM- 40.0 �Aw 6 40 IN WIN N■.ON■ �...e 1 .■...... �■ ■.: I�H ■.— ■ ■ _■ ON■ ■ ■ ■ ■ ■■._a._a �MINNIE! — �:�:�:�:� :i IINON - - - -- IN ::■■ ...- :IN Em IN i■ 1� • i ■■ .■ 7MM--mm 1 ■I ■ ■!!■ m!!1 ■1!■ e■1.lQl1= a!!sIla sl1= I'm ee IF. ■I.EI ■ME IN 1,�■1�1,�. '�. ::::: ::::: ::::: ■■III 0I ■■ 11 . u! M. AJ �!! � !! Il : I H! ::::: ::::: .■ IF . . 1 .a �■ �■ .a airy NINE .....a ... ■1� — — — — — .fie ......... ■1� ILLLL■ LLLL■ - - - - - - - - - - URI m -`` NEWslli a � ■ice �■ ■■ ', ■ � ■e o. w u■ ■ u■ ■ _. 1 ■ ■ ■ ■ ■ ■__ ._ 1 ■ ■III'■ ■ ■ ■�'■ ■I�■ �; -91� Now &_ IJm�� __I -� -a -a _. ■L �!d ■� � I II -a -a -a i�€a ■� �m �_ 1 a -a —a �■ ■� Momm N � Y U c� Q L H� Hill Hill III A f _ II III / Cy II II III I. t a d m 'II. I I � I T C7 T � w m — H ILL + o 10 L - v - - v < , M O d m d m N r Fr i 00 Z V ------------ a s� p U.'�� V III OJ0QP55PG� �pQe IDS, �/y' I V OJ _T h Y U A Q T 0 1 1 ♦i+ V Z Q Fundy Quay Development LYDON LYNCH 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information ARC HITECTU RE 1. Zoning Rationale Schedule A: Zoning Map Property zoning: Waterfront Commercial (CW) Permitted uses: Commercial Use, Community Facility Use, Port Use, Residential Use. 1.1. We have been engaged by Elias Management Group to apply for a rezoning for the contract area for Fundy Quay, as agreed upon with the City, for development. The first of the five proposed buildings (the Southeastern -most) is further detailed, forming a development agreement for that building only. The form, scale, and uses of the buildings are described in the following sections. 1.2. The site is zoned Commercial Waterfront, which is understood effectively as a one-off Comprehensive Development Zone, for which many regulations are determined based on the application, and for which General Provisions Parts 4-9 do not apply. While it is not explicitly required by the bylaw, every effort has been made that the proposed approaches the general intent of these general regulations, as well as adjacent uptown commercial zoning regulations. 1.3. Sections that do apply to the site, and to which we are requesting minor variances, include the maximum building height, the maximum height of street wall and minimum street wall setback. We feel that these variances create opportunities for the design to better respond to the site, and better support the activation of the public spaces surrounding it. To support these variances, pedestrian wind comfort and solar shading studies will be provided prior to Planning Advisory Committee. 1.4. From an access and transportation perspective, the proposed development locates 5 buildings on -site, with direct public street access only to the two easternmost. The inward 3 buildings are proposed to be serviced by an internal drive aisle that allows for access to parking, loading, and emergency service / fire department vehicles. The development further proposes to donate public diagonal parking along the West edge of Water Street. An easement may be considered for below -grade services running under the central drive aisle. 2. Master Plan Project Data (Refer to Drawing A-1) 2.1. Number of Buildings Proposed: 5 2.1.1. Community/Cultural Building 2.1.2. Southeast Mixed -Use Building (SE) 2.1.3. Southwest Mixed -Use Building (SW) 2.1.4. Northeast Mixed -Use Building (NE) 2.1.5. Northwest Mixed -Use Building (NW) 2.2. Proposed Uses: 2.2.1. Residential 2.2.2. Commercial / Business Office 2.2.3. Retail / Personal Service / Restaurant Fundy Quay Development LYDON LYNCH 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information ARC HITECTU RE 2.2.4. Accommodation / Hotel 2.2.5. Community Centre/Cultural Establishment/Commercial Entertainment 2.2.6. Parking Structure 2.2.7. Publicly Accessible Greenspace 2.3. Proposed Gross Floor Area (and any other non-residential land uses): 2.3.1. Maximum Gross Finished Floor Area (GFA): 750,000 SF (69,700 sqm) 2.3.2. Parkade Floor Area: 250,000 SF (23,250 sqm) 2.4. Proposed Number of Residential Units: 677 2.4.1. SE Building: 165 units 2.4.2. SW Building: 111 units 2.4.3. NW Building: 173 units 2.4.4. NE Building: 188 units 2.4.5. Cultural/Community: 40 units* 2.4.5.1. * Should no public entity come forward with interest in this site, a small mixed -use building is proposed to take its place. 2.5. Minimum Property Setbacks: 2.5.1. Front Lot Line: Om 2.5.2. Side Lot Lines: 3m 2.5.3. Rear Lot Line: 3m 2.6. Proposed Maximum Heights (not including elevator overrun/mechanical penthouses) The proposed development requests a variance from the required maximum heights shown in Schedule G: Central Peninsula Maximum Building Heights: NE corner of site Max Height 42M,• SW area of site Max Height 28M. Additional height is required on site to account for the hardship of the low geodetic grade and high (and rising) flood levels, which push all parking above grade. Over the site, this adds +/- 250,000 square feet to the building podiums to allow for adequate parking, which then pushes the occupied areas up a number of storeys. The resultant design is comparable in height to what is allowable in the Uptown Zoning directly adjacent to the site, at 60m.The proposed design strategically locates the highest buildings to minimize the impact to the public plaza to the North, and to the Harbour Passage to the West. The requested heights are as listed below: 2.6.1. NE Building: 2.6.1.1. 19 Storeys 2.6.1.2. 70m From Average Grade 2.6.2. SE Building: 2.6.2.1. 16 Storeys 2.6.2.2. 60m From Average Grade 2.6.3. NW Building: 2.6.3.1. 16 Storeys K91191 Fundy Quay Development LYDON LYNCH 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information ARC HITECTU RE 2.6.3.2. 60m From Average Grade 2.6.4. SW Building: 2.6.4.1. 6 Storeys 2.6.4.2. 25m From Average Grade (no variance) This proposal assumes the same Height Exemptions as the City of Saint John Zoning By -Low: 8.10 Height Exceptions: Notwithstanding any requirement of this By-law with respect to height, a chimney, church spire, clock tower, communication tower, elevator enclosure, flagpole, skylight, solar collector, television or radio antennae, ventilator, water tank, or any other similar structure shall be permitted regardless of its height provided all other applicable provisions of this By-law are satisfied. 2.7. Maximum Street Wall Heights (From Average Grade) This development requests a variance for the maximum street wall height, currently listed at 14m per City of Saint John By -Law 15.2. The development proposes a street wall height to suit the existing context of the properties to the east of Fundy Quay and per Schedule H: Trinity Royal Maximum Street Wall Heights. The proposal incorporates a podium design approach that allows for a street wall that matches the height and general character of the historic district on the East side of Water Street (Trinity Royal). Reflecting the scale and textures of the historic buildings across the street, the scale of the podiums are broken down horizontally and vertically. The commercial ground floors are differentiated from the levels above, while horizontally through the use of varying cladding materials, window patterns and commercial expressions, the podium of each tower is broken down into more 'human -scaled' portions, to be more in the likeness of the existing buildings to the East. This proposal requests the following maximum street wall heights as listed below: i. NE Building: 21.5m (To match the 21.5 m Maximum Street Wall Heights shown for Eastern side of Water Street within the Trinity Royal Heritage Conservation Area) ii. SE Building: 21.5m (To match the 21.5 m Maximum Street Wall Heights shown for Eastern side of Water Street within the Trinity Royal Heritage Conservation Area) iii. NW Building: 21.5m (To match the 21.5 m Maximum Street Wall Heights shown for Eastern side of Water Street within the Trinity Royal Heritage Conservation Area) iv. SW Building: 16m (To allow enough above -ground parking to service the building) 2.8. Minimum Tower Step -back This development requests a variance for the 3m step back required at 14m and 24m per City of Saint John By -Law 15.2. The development proposes a street wall and step back approach to suit the existing context of the properties to the east of Fundy Quay in the Trinity Royal area, where a single step back is required above the street wall. A small reduction in the depth of this step -back is requested as a variance to enable the towers to remain as close to the eastern edge of the site as possible and minimize their afternoon shading and impact on the public plaza to the North. In addition to the 2.5m proposed step -back, to further mitigate the effects of 'downwash , street trees will be integrated at grade to increase pedestrian wind comfort. This proposal requests the following step back as listed below: 2.8.1. Minimum Tower Step -back: 2.5m 2.8.2. Maximum Street wall step -back exemption: 25% of street wall length 251 Fundy Quay Development 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information 2.9. Amenity: Minimum 5 sqm/Unit to be provided through: 2.9.1. Podium Rooftop Outdoor Amenities 2.9.2. SE/NE/NW Buildings Level 6 Indoor Amenities 2.9.3. SW Building Level 5 Indoor Amenity 2.10. Parking: 2.10.1. Master Plan Total Parking Provided: 440 2.11. Prohibited cladding materials LYDON LYNCH A R C H I T E C T U R E 2.11.1. Vinyl siding, 2.11.2. Plywood, 2.11.3. Exterior insulation and finish systems where stucco is applied to rigid insulation 2.11.4. Vinyl windows 2.11.5. Cinder block 2.12. Allowable glazing percentages 2.12.1. Ground floor retail — 50-80% 2.12.2. Above -grade — 25-60% 3. Building 1 Project Data (Refer to Drawing A-1, A300, & A301) 3.1. Occupied Gross Floor Area Proposed: 167,000 SF (15,515 sqm) 3.1.1. Commercial: 12,000 SF (1,115 sqm) 3.1.1.1. Schedule I: Active Ground Floor Use: Water Street facing facades require active ground floor use. Proposed to be commercial at grade along Water Street and the southern property line. 3.1.2. Residential: 155,000 SF (14,400 sqm), 165 units 3.2. Above -Grade Parking: 76,000 SF (7,060 sqm) 3.3. Building 1 Total Parking Provided: 168 stalls 3.3.1. Parking Plan: Refer to Drawing Al 3.3.2. Enclosed Parking: 153 Spaces Provided at the following rates: 3.3.2.1. Retail 1/40 sm = 1,200 sqm / 40 = 30 stalls 3.3.2.2. Dwelling units 0.75/unit = 165 x 0.75 = 123 stalls 3.3.2.3. Typical Bylaw Required Stall and Aisle dimensions Adhered to 3.3.3. Parking At Water Street: 15 stalls PM Fundy Quay Development LYDON LYNCH 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information ARC HITECTU RE 3.3.4. Barrier -Free (BF) parking: 3.3.4.1. NBBC code requires 1/20 units to be BF with 1:1 parking provided 3.3.4.2. SE building requires 11 BF spaces; 3.3.4.2.1. 165 units / 2 = 9 BF stalls, plus 3.3.4.2.2. 2 BF stalls for retail 3.3.5. Loading: 3.3.5.1. Provided: 1 loading space, (3.5m x 7m) for 1200 sqm retail 3.3.6. Bicycle parking: 3.3.6.1. Total Bicycle Parking Provided: 52 3.3.6.1.1. Dwelling: min. 0.3 bikes/unit = 49 3.3.6.1.2. Retail: 7% of vehicle parking = 3 3.4. Amenity Space: Minimum 5 sm/unit 3.4.1. Provided: 825 sqm 3.4.1.1. 675 sqm Podium rooftop outdoor amenity 3.4.1.2. 150 sqm Level 6 indoor amenity 3.5. Elevation Drawings and Cladding Material Types: Refer to Drawings A410-A412 NX Fundy Quay Development 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information 4. Description of Masterplan LYDON LYNCH A R C H I T E C T U R E The development at Fundy Quay envisions a waterfront site brought to life with high quality pedestrian experiences. The development's five buildings engage with the public realm on all edges, creating opportunities for walking, sitting, plantings, and restaurant patios. Above the ground floor, the development will house a mix of commercial and residential uses, bringing a density of life to centre of Saint John. Using the opportunity to bring a critical mass of people to the site, The Fundy Quay Master Plan imagines a place of live, work, and play, bringing uptown down to the new public waterfront. Pedestrian Realm: The ground floor of all buildings will house largely commercial retail and restaurants, bringing activity to the entire site, from the southeastern corner where cruise ship passengers may be arriving, to the northwestern corner where the public can enjoy the best views of the harbour from the public lawn. At Water Street an elevated sidewalk is bordered with street trees and plantings while creating an opportunity for angled public street parking below. The raised condition and its landscaped border shelter the pedestrian zone from the adjacent traffic and parking, and future -proofs the development by lifting the new sidewalk and its associated commercial spaces above the projected high-water level for the year 2100. At the northern and southern ends of the development, the level of Water Street comes up to meet the raised sidewalk, creating a seamless and accessible connection to the refreshed Market Slip Plaza to the North, and Harbour Passage and the cruise ship terminal to the South. The buildings will be set back from the three property lines facing Harbour Passage, creating opportunities for restaurant patios and retail break-out areas with top-notch views out on the Harbour. Scale and Surrounding Neighbourhoods: The Northeastern and Southeastern buildings along Water Street propose five storey podia, creating a streetwall that matches the height and general character of the historic district East of Water Street. Reflecting the scale and textures of the historic buildings across the street, the scale of the podiums are broken down horizontally and vertically. The commercial ground floors are differentiated from the levels above, while horizontally through the use of varying cladding materials, window patterns and commercial expressions, the podium of each tower is broken down into more 'human -scaled' portions, to be more in the likeness of the existing buildings to the East. The tower floorplates are kept small, maximizing daylight at grade, and their scale is further reduced by breaking down the mass through cladding strategies and balcony placements. A grid is formed on each elevation of the tower, creating an organizing scheme of rooms and balconies while also forming the framework of a solar strategy that shelters the floor -to -ceiling windows from excessive summer -time solar gains while reducing the overall window to wall ratio to support a more sustainable, thermally efficient envelope design. To subtly create a building 'top', this'gridwork' is broken down, and stretched to three storeys from the typical two. Fundy Quay Development 2021.09.30 Re -Zoning Application Planning Letter, Rationale and Project Information Massing and Shading Impacts: LYDON LYNCH A R C H I T E C T U R E The massing of the buildings on the site terraces down from NE to SW. At the Northeast corner, the tallest building, comparable in height to City Hall and Brunswick House, adds to the skyline of Saint John's Uptown core. Moving across the site, the NW and SE buildings step down, terracing to the lowest building on the SW corner, maintaining views from further into the site, and allowing daylight to penetrate into the centre court, where some outdoor public parking is proposed to ease public access to the waterfront and new Harbour Passage fronting shops and restaurants. The NW corner of the Northwestern podium is clipped, creating a visual connection between Market Slip and the proposed public building on the western edge of thesite, while maximizing evening sun penetrating towards the patios at Market Square. The three towers are each offset to the eastern edge of their podiums, minimizing shading on the Market Slip Plaza to the North while keeping the height close to Uptown. In the Southwest corner, the lowest building takes advantage of the splaying views to the harbour, while the Northwestern point of the site is maintained for public access. This amenity to the city will house gardens, green spaces, seating, and a future cultural / community building with panoramic views. Parking: Above -ground parkades are held to the middle of the site, wrapped by residential suites or commercial offices, ensuring all external faces of the development are animated, with eyes on the street to promote a safe, neighborhood streetscape. This design strategy allows the development to provide residents with parking without facing the public realm with above -ground parkades, or digging below the critical flood plain levels with un-safe below -ground parking. Where exposed, the parkade facades have been seamlessly integrated with the rest of the building and will be clad with high quality materials, to ensure the quality of the development is carried through to these elements. AmPnifiPc- Atop the podium rooftops, each building will provide its residents with high quality indoor and outdoor amenity spaces. A portion of the roofs will be green roofs in order to provide residents with green space, leisure activities, and to reduce the "heat island effect" of this development and contribute to a more sustainable development. Conclusion: The proposed Fundy Quay development will connect Uptown Saint John to the Waterfront and provide the missing link between the new Market Slip, Harbour Passage and Cruise Ship terminal to the South. The development aims to bring diverse life and uses to this incredible waterfront site through a design that compliments existing surroundings and adds to the public realm. The proposed buildings will provide new housing, retail and community spaces that further enhance the vibrancy of the downtown waterfront. K&I Proposed Zoning By-law Amendment and Section 59 Amendment Re: 35 Water Street Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending The City of Saint John Zoning By-law at its meeting to be held on Monday, January 10, 2022, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 2.5 hectares, located at 35 Water Street, also identified as PID Numbers 55235105 and 55235113, from Waterfront Commercial (CW) to Waterfront Commercial Integrated Development (CWID), as illustrated below. 2. Rezoning a parcel of land having an area of approximately 531 square metres, located at 35 Water Street, also identified as PID Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID), as illustrated below. 3. Amending Schedule "G" Central Peninsula Maximum Building Heights, by increasing the maximum building height of PID Numbers 55221881, 55235105, and 55235113 from 28 metres and 42 metres to 70 metres. 4. Amending the Section 59 conditions imposed on the May 7, 2012, rezoning of the property located at 35 Water Street, also identified as PID 55235105, to permit a revised proposal. 5. Amending the Section 59 conditions imposed on the December 2, 2019, rezoning of the property located at 35 Water Street, also identified as PID 55235113, to permit a revised proposal. `Pam 4 1Gsf �5 �( w'ie4x QyfCA WaV �. N+w�^t5.4 Reason for Change: To construct a mixed -use development. PI&V The public hearing may be held virtually, or in the Council Chamber, or in the Council Chamber with remote participation for applicants and the public. For details on how to participate in the public hearing, to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerk@saintjohn.ca. Saint John Common Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb. Written objections to the amendment may be sent to the undersigned at City Hall or via email at CommonClerk@saintjohn.ca. If you require French services for a Common Council meeting, please contact the office of the Common Clerk. Jonathan Taylor, Common Clerk (506) 658-2862 P4'tl Projet de Modification de I'arrete de zonage et modification de I'article 59 Objet : 35, rue Water Avis public est par la presente donne que le Conseil municipal de la Ville de Saint John a ('intention d'envisager la modification de I'Arrete de zonage de la Ville de Saint John comme suit au cours de la reunion qu'il tiendra le lundi 10 janvier 2022, a 18 h 30 : Rezonage d'une parcelle de terrain d'une superficie d'environ 2,5 hectares, situe au 35, rue Water, egalement identifie de NID 55235105 et de NID and 55235113, de Zone commerciale riveraine (CW) a Zone commerciale riveraine d'amenagement integre (WCID).comme le montre la carte ci-dessous. 2. Rezonage d'une parcelle de terrain d'une superficie d'environ 531 metres carres, situe au 35, rue Water, egalement identifie de comme de NID 55221881,de Zone commerciale du centre-ville (CU) a Zone commerciale riveraine d'amenagement integre (WCID) comme le montre la carte ci-dessous. 3. La modification de I'annexe «G», Hauteurs maximales des batiments dans la peninsule centrale, en augmentant la hauteur maximale du batiment des NIDs 55221881, 55235105 et 55235113 de 28 metres et 42 metres a 70 metres. 4. Modification des conditions de I'article 59 imposees relativement au rezonage du 7 mai 2012 de la propriete situee au 35, rue Water, et portant le NID 55235105, pour permettre la preparation d'une proposition revisee. 5. Modification des conditions de I'article 59 imposees relativement au rezonage du 2 decembre 2019 de la propriete situee au 35, rue Water, et portant le NID 55235113, pour permettre la preparation d'une proposition revisee. Raison de la Modification : Construire un developpement a usage mixte PIRI.13 La seance publique peut titre organisee de fagon virtuelle ou dans la salle du Conseil, ou dans la salle du Conseil avec une participation a distance pour les requerants et le public. Pour savoir comment participer a I'audition publique, inspecter la modification ou de vous inscrire pour participer, veuillez communiquer avec le bureau du greffier commun a I'adresse CommonClerk@saintjohn.ca. Les reunions du conseil communal de Saint John peuvent titre consultees en ligne a https://www.youtube.com/user/saintjohnweb. Veuillez faire part de vos objections au projet de modification par ecrit au soussigne a I'hotel de ville ou par courriel a I'adresse CommonClerk@saintjohn.ca. Si vous avez besoin des services en frangais pour une reunion de Conseil Communal, veuillez contacter le bureau du greffier communal. Jonathan Taylor, Greffier communal (506) 658-2862 N&I BY-LAW NUMBER C.P. 1114 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 fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2.5 hectares, located at 35 Water Street, also identified as PID Number 55235105 and 55235113, from Waterfront Commercial (CW) to Waterfront Commercial Integrated Development (CWID). 2. Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 531 square metres, located at 35 Water Street, also identified as PID Number 55221881, from Uptown Commercial (CU) to Waterfront Commercial Integrated Development (CWID). 3. Amending Schedule "G" Central Peninsula Maximum Building Heights, by increasing the maximum building height of PID Numbers 55221881, 55235105 and 55235113 from 28 metres and 42 metres to 70 metres. ARRETE NO C.P. 111-X ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors d'une 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 quinze (15) decembre 2014, est modifie par : 1. La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2,5 hectares, situe au 35, rue Water, egalement identifie de comme des NIDs 55235105 et 55235113,de Zone commerciale riveraine (CW) a Zone commerciale riveraine d'amenagement integre (WCID). 2. La modification de I'annexe «A», Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 531 metres carres, situe au 35, rue Water, egalement identifie de comme de NID 55221881,de Zone commerciale du centre-ville (CU) a Zone commerciale riveraine d'amenagement integre (WCID). 3. La modification de I'annexe «G», Hauteurs maximales des batiments dans la peninsule centrale, en augmentant la hauteur maximale du batiment des NIDs 55221881, 55235105 et 55235113 de 28 metres et 42 metres a 70 metres. K091 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 X day of January, A.D. 2022 and signed by: toutes les modifications sont indiquees sur le plan ci-joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X janvier 2022, avec les signatures suivantes : Pk -I Mayor/Maire Common Clerk/Greffier communal First Reading - X Premiere lecture - X Second Reading - X Deuxieme lecture - X Third Reading - X Troisieme lecture - X NOM BY-LAW NUMBER L.G. 4-1 A BY-LAW RESPECTING THE CLOSING OF ROADS, STREETS OR HIGHWAYS IN THE CITY OF SAINT JOHN Be it enacted by the Common Council of The City of Saint John as follows: A By-law of The City of Saint John entitled, "A By-law Respecting The Closing of Roads, Streets or Highways in The City of Saint John", enacted on the eleventh day of March, A.D. 2019, is hereby amended by adding thereto Section 5 immediately after Section 4 thereof, as follows: ARRETE No L.G. 4-1 ARRETE RELATIF A LA FERMETURE DES CHEMINS, DES RUES OU DES ROUTES DAN THE CITY OF SAINT JOHN Lors dune reunion du conseil communal, The City of Saint John a decrete cc qui suit : Par les presentes, 1'arrete de The City of Saint John intitule, « Arr&6 relatif a la fermeture des chemins, des rues on des routes dans The City of Saint John», decrete le 11 mars 2019, est modifie par 1'ajout de Particle 5 immediatement apres Particle 4, comme suit: 5 The City of Saint John does hereby 5 Par les presentes, The City of Saint stop up and close permanently the John barre et ferme de fagon permanente la following street: rue suivante : JACK STREET: All that portion of Jack Street, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 137 square metres as shown on a Plan of Survey titled, "Showing portion of Jack Street, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated December 14, 2021 attached hereto. 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. 2022 and signed by: RUE JACK: Tome la partie de la rue Jack, une rue publique dans la ville de Saint John, comte de Saint John, dans la province du Nouveau -Brunswick, d'une superficie d'environ 137 metres carres comme le montre le plan d'arpentage intitule « Partie du plan d'arpentage indiquant la rue Jack, ville de Saint John, comte de Saint John, province du Nouveau -Brunswick)), prepare par Hughes Surveys & Consultants Inc. et date du 14 decembre 2021, joint aux presentes. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le ** **** 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - Premiere lecture - Second Reading - Deuxieme lecture - Third Reading - Troisieme lecture - 263 RUE JACK: Toute la partie de la rue Jack, une rue publique dans la ville de Saint John, comte de Saint John, dans la province du Nouveau - Brunswick, d'une superficie d'environ 137 metres carres comme le montre le plan d'arpentage intitule « Partie du plan d'arpentage indiquant la rue Jack, ville de Saint John, comte de Saint John, province du Nouveau - Brunswick », prepare par Hughes Surveys & Consultants Inc. et date du 14 decembre 2021, joint aux presentes. 264 t E z , - - - , i C: ci� E C)- t 6E z C'm a 15 -. 2 t -0 z .2 Z' in oc .2 4> 6 -4.1 0,0 E-2 ass > Z, imp 0 0 V) o i Cf) 1 2 6,0 i5 vf 7 0 ilk I �.4 Ics' L N:4 Street Closing: Jack Street Public Notice is hereby given that the Common Council of The City of Saint John intends to consider amending "A By-law Respecting The Closing of Roads, Streets or Highways In The City of Saint John" at its regular meeting to be held via web conference on Monday, January 10, 2022 at 6:30 p.m. to permanently close the following street: JACK STREET: All that portion of Jack Street, a public street in the City of Saint John, in the County of Saint John and Province of New Brunswick, comprising 137 square metres as shown on a Plan of Survey titled, "Showing portion of Jack Street, City of Saint John, Saint John County, New Brunswick," prepared by Hughes Surveys & Consultants Inc. and dated December 14, 2021 attached hereto. Click here for Plan of Survey titled, "Showing portion of Jack Street, City of Saint John, Saint John County, New Brunswick" For details on how to participate in the Public Hearing, to inspect the amendment and plan, or to register to participate please contact the Office of the City Clerk at cityclerk(ksaintjohn.ca Saint John Council meetings can be viewed online at https://www.youtube.com/user/saintjohnweb Written objections to the proposed amendment may be delivered to Mr. Jonathan Taylor, City Clerk at: i) P.O. Box 1971, Saint John, N.B., E2L 4L1; Or ii) cityclerknsaintiohn.ca If you require French services for a Common Council meeting, please contact the office of the City Clerk at (506) 658-2862. COMMON COUNCIL REPORT M&C No. 2021-321 Report Date November 23, 2021 Meeting Date November 29, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Initiate Stop -Up and Closure for Portion of Jack Street. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins I John Collin RECOMMENDATION It is recommended Common Council adopt the following resolution: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a 128 square metre portion of a public street known as Jack Street, as shown on a Plan of Survey titled, "Plan of Survey Showing portion of Jack Street, City of Saint John, Saint John County, New Brunswick" and attached to M&C No. 2021-321, be set for Monday, January 10, 2022 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such amendment, identified above; 3. In the event that Common Council gives Third Reading to the above noted By -Law Amendment, that the City sell the property to 684401 N.B. Ltd. for a selling price of $4,224.00, and that the purchaser: a. Prepare at its sole cost any plan of survey required to initiate the process for the stop -up and closure of a portion of Jack Street; and b. Pay all costs related to the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. EXECUTIVE SUMMARY A numbered company, being 684401 N.B. Ltd. (the "Owner"), owns a property at civic #45 Jack Street (see attached map). The Owner is currently nearing the completion of renovations to its 24-unit apartment building. Its plans include erecting balconies, facing Jack Street. Upon review, it was determined that a portion of the Owner's building, including the planned balconies, encroach into an undeveloped portion of the Jack Street right-of-way. The Owner is requesting to KIM -2- purchase a minimal amount of land to mitigate the encroachments. The purpose of this report is to seek authority to initiate the process to stop -up and close a small portion of Jack Street right-of-way (see attached plan of survey) for the purpose of conveying it to the Owner and mitigating the encroachment. PREVIOUS RESOLUTION N/A REPORT The Owner of the subject property has been renovating its 24-unit building at civic #45 Jack Street, which is near completion. As part of its renovation to the building, new balconies were intended to be constructed, facing Jack Street. The balconies are considered an important part of the design, to create appealing units in a livable neighbourhood. A further inspection of this proposal revealed that not only would the balconies encroach onto the Jack Street right-of-way, but also a small portion of the existing building encroaches as well. In order to resolve this matter, the Owner is requesting the City to stop -up and close a 128 square metre (1,378 square foot) portion of Jack Street right-of-way to address the existing and proposed encroachments. The portion of land that is required by the Owner to address this issue is contained within a portion of the street right-of-way that is undeveloped and exists currently as a significant grassed area. The street dead -ends with no formal cul-de-sac constructed and has served this area as such for a number of years. Given the properties having frontage off Jack Street are fully developed and have remained so for a number of years, it is unlikely there would be a need or justification to develop a formal cul-de-sac, as presently configured. Public Works and Transportation are supportive of the request to close and convey the minimal amount of undeveloped right-of-way, as requested by the Owner to facilitate its development. Jack Street and surrounding land is not located in a high profile area of the City. Staff reviewed the approximate value of land in the area, as if it were vacant and considered what the value should be if it were to be developed for multi -unit residential. This resulted in a land value of approximately $33.00 per square metre. On that basis, a purchase price of $4,224.00 for the 128 square metres was offered by staff (subject to Council's approval) and accepted by the Owner to facilitate the completion of its project. STRATEGIC ALIGNMENT The proposed Stop -Up and Closure of a portion of Jack Street to accommodate this development aligns with Council's Grow and Belong priorities. K1.1.13 -3- SERVICEAND FINANCIAL OUTCOMES All costs related to the process to consider a stop -up and closure for a portion of a street right-of-way, including all survey costs and fees associated with the subsequent land transaction, are the responsibility of the Owner. The City will receive $4,224.00 for the sale of 128 square metres of land, which portion of land will become subject to property taxes. No services will be impacted by this land transaction. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Growth and Community Services (Planning), Public Works and Transportation and Infrastructure Development have provided input into the preparation of this report and agree with the staff recommendation. ATTACHMENTS 1. Location Map; 2. Site Plan; and 3. Plan of Survey. N-16.1 COMMON COUNCIL REPORT M&C No. 2021-346 Report Date December 07, 2021 Meeting Date December 13, 2021 Service Area General Counsel Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Amendment to Initiate Stop -Up and Closure for Portion of Jack Street AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Curtis Langille Melanie Tompkins I John Collin RECOMMENDATION That the November 29, 2021 resolution of Council relating to the Stop -up and Closure of a portion of Jack Street be amended as follows: 1. Paragraph 1 of the resolution is amended by deleting "128" and replacing it with "approximately 137"; and 2. Paragraph 3 of the resolution is amended by deleting "$4,224" and replacing it with "$4,521". EXECUTIVE SUMMARY The purpose of this report is to amend the November 291" resolution of Council to reflect a slightly larger area of Jack Street to be considered for stop -up and closure and a related slightly increased sale price. PREVIOUS RESOLUTION That Common Council at its November 29, 2021 meeting, adopted the following resolution as per M&C No. 2021-321: 1. That the Public Hearing to consider the passing of an amendment to the Street Closing By-law to Close a 128 square metre portion of a public street known as Jack Street, as shown on a Plan of Survey titled, "Showing portion of Jack Street, City of Saint John, Saint John County, New Brunswick" and attached to M&C No. 2021-321, be set for Monday, January 10, 2022 at 6:30 p.m. in the Council Chamber; 2. That Common Council authorize the publishing of a notice of its intention to consider the passing of such By-law, identified above; PAN91 -2- 3. In the event that Common Council gives Third Reading to the above noted By -Law Amendment, that the City sell the property to 684401 N.B. Ltd. for a selling price of $4,224.00, and that the purchaser: a. Prepare at its sole cost any plan of survey required to initiate the process for the stop -up and closure for a portion of Jack Street; and b. Pay all costs related to the conveyance of the property. 4. That the Mayor and City Clerk be authorized to execute the documents necessary to effect the transaction. REPORT The Owner of the subject property has been renovating its multi -unit building at civic #45 Jack Street. As part of the renovation to the building, new balconies were intended to be constructed, facing Jack Street. A review of this project revealed that not only would the balconies encroach into Jack Street right-of-way, but a small portion of the existing building encroaches as well. Further to November 291" meeting Council, the surveyor has measured the existing decks as they were during a survey on December 2, 2021 and found them to extend beyond the originally intended 6' from the building face. To maintain the one -foot offset from the existing deck to the new street line, the area of the stop -up and closure would need to be 137 square metres instead of the original 128 square metres. The purpose of this report is to recommend that Council amend its November 291n 2021 resolution to reflect the larger area for street closure and related increased sale price. Public Works and Transportation are supportive of the minimal increase to the of street right-of-way stop -up and closure, as requested by the Owner. When applying the original land value of $33.00 per square metre, the larger footprint of land attracts a sale price of $4,521.00 for the 137 square metres (from $4,224 for the original 128 square meters). STRATEGIC ALIGNMENT The proposed Stop -Up and Closure of a portion of Jack Street to accommodate this development aligns with Council's Grow and Belong priorities. SERVICEAND FINANCIAL OUTCOMES All costs related to the process to consider a stop -up and closure for a portion of a street right-of-way, including all survey costs and fees associated with the subsequent land transaction, are the responsibility of the Owner. The City will 271 -3- receive $4,521.00 for the sale of 137 square metres of land. No services will be impacted by this land transaction. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Public Works and Transportation and Infrastructure Development have provided input into the preparation of this report and agree with staff's recommendation. ATTACHMENTS 1. Location Map; and 2. Plan of Survey. PX�� Staff Recommendation for Council Resolution Property: 141 Hawthorne Avenue Public Hearing,1" and 2nd ReadincL December 13, 2021 3rd Readina: January 10, 2022 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning By-law which rezones a parcel of land having an area of approximately 2,140 square metres, located at 141 Hawthorne Avenue, also identified as PID Numbers 00031450 and 55069553 from Two -Unit Residential (1112) to Low Rise Residential (RL). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 2,140 square metres, located at 141 Hawthorne Avenue, also identified as being PID Numbers 00031450 and 55069553: a. The property is to be limited to a maximum of three (3) residential dwelling units. b. The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared bythe proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features. PAFW Section 59 No Agreement Section 131 No Agreement Other No p1rie'l! BY-LAW NUMBER C.P. 111-127 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 fifteenth day of December, A.D. 2014, is amended by: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 2,140 square metres, located at 141 Hawthorne Avenue, also identified as PIDs 00031450 and 55069553 from Two -Unit Residential (R2) to Low Rise Residential (RL) pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. ARRETE NO C.P. 111-127 ARRETE MODIFIANT L'ARRETE DE ZONAGE DE THE CITY OF SAINT JOHN Lors dune r6union du conseil communal, The City of Saint John a d6cr&6 ce qui suit: L'arr&6 sur le zonage de The City of Saint John, d6cr&6 le quinze (15) d6cembre 2014, est modifi6 par: La modification de 1'annexe «Av, Plan de zonage de la ville de Saint John, permettant de modifier la designation pour une parcelle de terrain d'une superficie d'environ 2,140 metres carr6s, situ6e an 141, Hawthorne avenue, 6galement identifiee des NIDs 00031450 et 55069553, de zone r6sidentielle bifamiliale (R2) a zone r6sidentielle - immeubles d'habitation bas (RL) conform6ment a une resolution adopt6e par le conseil municipal en vertu de Particle 59 de la Loi sur l'urbanisme. - all as shown on the plan attached hereto and - toutes les modifications sont indiqu6es forming part of this by-law. sur le plan ci-joint et font partie du pr6sent arr&6. 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 X day of January, A.D. 2022 and signed by: EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le X janvier 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - December 13, 2021 Premi&e lecture - le 13 d6cembre 2021 Second Reading - December 13, 2021 Deuxi6me lecture - le 13 d6cembre 2021 Third Reading - Troisi6me lecture - 275 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John FROM / DE Two -Unit Residential Zone residentielle R2 ® RL bifamiliale Sr TO / A Low Rise Residential Zone residentielle - immeubles d'habitation bas Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Kyle and Cristin Woods Location: 141 Hawthorne Avenue PID(s)/NIP(s): 00031450,55069553 Considered by P.A.C./Considers par le C.C.U.: November 16 novembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: December 21 decembre, 2021 276 Section 59 Conditions — 141 Hawthorne Avenue That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 2,140 square metres, located at 141 Hawthorne Avenue, also identified as PID Numbers 00031450 and 55069553: (a) The property is to be limited to a maximum of three (3) residential dwelling units. (b) The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features. KFAM Staff Recommendation for Council Resolution Property: 576-578 Fundy Drive Public Hearing: November29, 2021 1" & 2nd Reading: November29, 2021 3rd Reading: January 10, 2022 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council rezone a parcel of land having an area Amendment of approximately 1180 square metres, located at 576-578 Fundy Drive, also identified as PID Number 00384909, from One -Unit Residential (Rl) to Low -Rise Residential (RL). Recission of No Previous s. 39/s. 59 Conditions Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1180 square metres, located at 576-578 Fundy Drive, also identified as PID Number 00384909: (a) The property is to be limited to a maximum of four (4) residential units; (b) The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features; PAW-13 (c) The above site plans be attached to the permit application for the development of the parcel of land. Section 59 No Agreement Section 131 No Agreement Other No PAWO.1 BY-LAW NUMBER C.P. 111-126 ARRETE NO C.P. 111-126 A LAW TO AMEND ARRETE MODIFIANT L'ARRETE DE THE ZONING BY-LAW ZONAGE DE THE CITY OF SAINT JOHN OF THE CITY OF SAINT JOHN Be it enacted by The City of Saint Lors d'une r6union du conseil John in Common Council convened, as communal, The City of Saint John a follows: d6cr6t6 ce qui suit : The Zoning By-law of The City of L'arr6t6 sur le zonage de The City Saint John enacted on the fifteenth day of of Saint John, d6cr6t6 le quinze (15) December, A.D. 2014, is amended by: d6cembre 2014, est modifi6 par: Amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1,105 square metres, located at 576-578 Fundy Drive, also identified as PID 00384909, from One -Unit Residential (R1) to Low -Rise Residential (RL), pursuant to a resolution adopted by Common Council under Section 59 of the Community Planning Act. - 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 X day of X, A.D. 2022 and signed by: 1. La modification de I'annexe «A», Plan de zonage de The City of Saint John, rezonage d'une parcelle de terrain d'une superficie d'environ 1,105 metres carr6s, situ6 au 576- 578, promenade Fundy, 6galement identifi6 de PID 00384909, de zone r6sidentielle unifamiliale (R1) a zone r6sidentiel de faible hauteur (RL), conform6ment a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme. - toutes les modifications sont indiqu6es sur le plan ci-joint et font partie du pr6sent arr6t6. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le pr6sent arr6t6 le X 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading— November 29, 2021 Premiere lecture - le 29 novembre 2021 Second Reading — November 29, 2021 Deuxi6me lecture - le 29 novembre 2021 Third Reading- Troisieme lecture - 280 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John 2e Yo 4p 0 �o o� a� o�F Q o' i�p FROM / DE One -Unit Residential Zone residentielle R1 ® RL unifamiliale TO / A Low -Rise Residential Zone residentielle - immeubles d'habitation bas Pursuant to a Resolution under Section 59 of the Community Planning Act Conformement a une resolution adoptee par le conseil municipal en vertu de I'article 59 de la Loi sur I'urbanisme Applicant: Hazen Investments Ltd Location: 576-578 Fundy Drive PID(s)/NIP(s): 00384909 Considered by P.A.C./Considers par le C.C.U.: November 16 novembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Off ice/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: December 3 decembre, 2021 281 Section 59 Conditions — 576-578 Fundy Drive That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions on the parcel of land having an area of approximately 1180 square metres, located at 576-578 Fundy Drive, also identified as PID Number 00384909: (a) The property is to be limited to a maximum of four (4) residential units; (b) The development and use of the parcel of land be in accordance with detailed site plan and floor plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the location of garbage enclosures, driveway accesses, vehicle parking, landscaping, amenity spaces, and other such site features; (c) The above site plans be attached to the permit application for the development of the parcel of land. 181.1% Staff Recommendation for Council Resolution Property: 325 Main Street Public Hearing, 1s' and 2nd Reading December 13, 2021 3rd Reading: January 10, 2022 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 3rd reading to an Amendment to Amendment the Zoning by-law which rezones a parcel of land having an area of approximately 220 square metres, located at 325 Main Street, also identified as PID Number 000370528 from Mixed Commercial (CM) to Urban Centre Residential (RC). Recission of No Previous s. 39/s. 59 Conditions Section 59 No Conditions Section 59 No Agreement Section 131 No Agreement Other No W-1193 BY-LAW NUMBER C.P. 111-128 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 fifteenth day of December, A.D. 2014, is amended by: ARRETE NO C.P. 111-128 ARRETE MODIFIANT L'ARRETE DE 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 quinze (15) decembre 2014, est modifie par: Amending Schedule "A", the Zoning 1. La modification de 1'annexe «A», Plan Map of The City of Saint John, by rezoning a de zonage de In ville de Saint John, parcel of land having an area of approximately permettant de modifier la designation 220 square metres, located at 325 Main Street, pour une parcelle de terrain d'une also identified as PID 000370528 from Mixed superficie d'environ 220 metres carres, Commercial (CM) to Urban Centre situee an 325, rue Main, egalement Residential (RC). identifiee des NID 000370528, de zone commerciale mixte (CM) a zone residentielle du centre-ville (RC). - 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 X day of January, A.D. 2022 and signed by: - toutes les modifications sont indiquees sur le plan ci joint et font partie du present arrete. EN FOI DE QUOI, The City of Saint John a fait apposer son sceau communal sur le present arrete le X janvier 2022, avec les signatures suivantes : Mayor/Maire City Clerk/Greffier communal First Reading - December 13, 2021 Premiere lecture - le 13 decembre 2021 Second Reading - December 13, 2021 Deuxieme lecture - le 13 decembre 2021 Third Reading - Troisieme lecture - 284 GROWTH & COMMUNITY DEVELOPMENT SERVICES SERVICE DE LA CROISSANCE ET DU DEVELOPPEMENT COMMUNAUTAIRE REZONING / REZONAGE Amending Schedule "A" of the Zoning By -Law of The City of Saint John Modifiant Annexe «A» de I'Arrete de zonage de The City of Saint John rue Main St. rUe Metcalf St. m m o Q 0 FROM / DE TO / A Mixed Commercial Urban Centre Residential Zone commerciale CM IXRC Zone residentielle mixte du centre-ville Applicant: Claire Reeves-Talos Location: 325 Main Street PID(s)/NIP(s): 00370528 Considered by P.A.C./Considers par le C.C.U.: November 16 novembre, 2021 Enacted by Council/Approuve par le Conseil: Filed in Registry Office/Enregistre le: By -Law #/Arrete #: Drawn by/Creee par: Andrew Pollock Date drawn/Carte creee: December 21 decembre, 2021 285 BY-LAW NUMBER LG-15 A BY-LAW RESPECTING THE PROCEDURES OF COMMON COUNCIL OF THE CITY OF SAINT JOHN ARRETE NUMERO LG-15 ARRETE CONCERNANT LE REGLEMENT INTERIEUR DU CONSEIL COMMUNAL DE THE CITY OF SAINT JOHN Be it enacted by the Common Council of Le conseil communal de The City of Saint The City of Saint John: John edicte: The By-law Respecting the Procedures of Common Council of The City of Saint John, enacted on the 3rd day of May 2021, is hereby amended as follows: L'arrete concernant le reglement mterieur du conseil communal de The City of Saint John, decrete le 3 mai 2021, est modifie comme suit: 1. Section 10.3 is amended by repealing paragraph 1. L'article 10.3 est modifie par 1'abrogation du 2(f) and substituting the following: paragraphe 2 f) et son remplacement par cc qui suit: "(f) not contain offensive language or subject << f) ne contient pas de propos ou de sujets matter, defamatory language, or unproven offensants, de propos diffamatoires, ou allegations." d'allegations non prouvees. » 2. Section 10.3 is amended by repealing paragraphs 3 and 4 and adding the following immediately after paragraph 2: 2. L'article 10.3 est modifie par 1'abrogation des paragraphes 3 et 4 et 1'ajout de cc qui suit immediatement apres le paragraphe 2: "3. Public communications to be referred to City << 3. Communications publiques qui doivent &re Manager: referees au directeur general : Communications from the public that, at the City Manager's determination, relate to the following will not be placed on the agenda and will be referred to the City Manager for follow-up action: (a) Staff performance; (b) Labour relations; (c) Ongoing legal proceedings; or (d) Solicitation of business. Council or Committee shall be advised by email that the communication was not placed on the agenda. Les communications du public qui sont reliees aux sujets qui suivent, comme l'indique le directeur general, ne seront pas inclues a l'ordre du four et seront referees au directeur general pour des mesures de suivi : a) La performance du personnel; b) Les relations de travail; c) Les poursuites judiciaires en cours; ou d) La sollicitation commerciale. Le conseil ou le comite concerne sera informe par courriel que la communication n' a pas ete inclue a l'ordre du four. 4. Public communications not to be included on 4. Communications publiques a ne pas inscrire a agenda: l'ordre du four : WIN Communications from the public that, at the City Manager's determination, relate to the following will not be placed on the agenda: (a) Matters which are not within Council's jurisdiction; (b) Matters which have been decided upon by Council; and (c) Matters which have been referred to staff for report, until the matter is before Council or Committee. Council or Committee shall be advised by email that the communication was not placed on the agenda. Les communications du public qui sont reliees aux suiets qui suivent, comme l'indique le directeur general, ne seront pas inclues a l'ordre du four : a) Les affaires qui ne relevent pas du conseil; b) Les affaires concemant lesquelles le conseil a pris une decision; et c) Les affaires qui ont ete referees au personnel, jusqu'a cc que 1'affaire soit devant le conseil ou le comite. Le conseil ou le comite concerne sera informe par courriel que la communication n'a pas ete inclue a l'ordre du four. 5. Public communications requiring action or 5. Communications publiques necessitant une related to an item on the agenda: action ou reliee a un point a l'ordre du four: Subject to paragraphs 10.3(3) and 10.3(4) and the agenda deadline stipulated in section 9.9, the Clerk will place communications requiring action by Council or Committee or related to an item of business before Council or Committee on the agenda that the City Manager determines is appropriate in relation to the subject matter of the communication. Communications related to an item of business before Council or Committee received after the agenda deadline stipulated in section 9.9 may be placed on the agenda at the City Manager's discretion. Communications unrelated to an item of business before Council or Committee received after the agenda deadline stipulated in section 9.9 may be included in a subsequent Meeting agenda at the City Manager's discretion. 6. Public communications and public record Personal information and opinions in communications shall become part of the public record, unless the author of the communication requests the removal of his personal information when submitting it, or the Clerk determines that the release of the personal information contravenes the Right to Information and Protection of Privacy Act, SNB 2009, c R-10.6, and amendments thereto. Sous reserve des paragrapher 10.3(3) et 10.3(4) et de la date limite a l'ordre du jour stipulee a Particle 9.9, le greffier inscrira a l'ordre du four les communications necessitant une action par le conseil ou le comite ou reliees a un point a l'ordre du four devant le conseil ou le comite, si le directeur general indique que le suiet de la communication est approprie. Les communications reliees a un point a l'ordre du four devant le conseil ou le comite qui sont reques apres la date limite stipulee a Particle 9.9 pourront &re ajoutees a l'ordre du four, a la discretion du directeur general. Les communications sans rapport avec un point a l'ordre du four qui sont reques apres la date limite stipulee a Particle 9.9 pourront etre inclues a l'ordre du four d'une seance ulterieure, comme l'indique le directeur general. 6. Communications publiques et archives publiques : Toute information personnelle et opinion contenues dans les communications font partie des archives publiques, a moins que 1'auteur de la communication demande que son information personnelle soit retiree lorsqu'il la pr6sente ou si le greffier juge que la diffusion de l'information personnelle contrevient a la Loi sur le droit d l'information et la protection de la vie privee, L.N.- B. 2009, ch. R-10.6 et les modifications afferentes. PIMA 7. Consideration of communications by City 7. Examen des communications par un dirigeant officer: de la municipalite : (a) If the Clerk determines that a City officer a) Si le greffier considere qu'un dirigeant de should consider any communication prior la municipalite devrait examiner une to a Meeting, the Clerk shall forward a communication avant une seance, le copy of the communication to the greffier retransmet une copie de la appropriate City officer. communication au dirigeant de la municipalite concerne. (b) If paragraph (a) applies, the City officer may submit a report directly to Council or b) Si 1'alinea a) s'applique, le dirigeant de la the Committee in response to the municipalite peut soumettre un rapport communication." directement au conseil ou au comite en reponse a la communication. » IN WITNESS WHEREOF The City of Saint John EN FOI DE QUOI The City of Saint John a fait has caused the Corporate Common Seal of the said apposer son sceau communal sur le present arrete City to be affixed to this by-law the day of le 2022, avec les signatures 2022 and signed by: suivantes: Mayor / Maire Common Clerk / Greffier communal First Reading - December 13, 2021 Premiere lecture Second Reading - December 13, 2021 Deuxieme lecture Third Reading - Troisieme lecture - le 13 decembre 2021 - le 13 decembre 2021 �►�:1:j x h ; , 1 Received Date January 06, 2022 Meeting Date January 10, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Background: National Urban Parks As part of the mandate letter of the ministry of Environment and Climate Change, the federal government intends to establish at least one new National Urban Park in every province and territory — with a target of 15 new urban parks by 2030. As part of Council's "Belong" priority maintaining regional and district parks will support our vibrancy. Saint John is a perfect candidate to take advantage of a program like this. With over 2,200 acres of unspoiled park land Rockwood Park would be the ideal candidate to stand up as a national urban park. Identification as a National Urban Park would give Rockwood Park and Saint John the opportunity for significant investment from the Federal Government in our park's infrastructure. Motion: RESOLVED that Common Council authorize staff to take the necessary steps to ensure that Rockwood Park becomes poised to be identified as one of Canada's new National Urban Parks. Respectfully Submitted, (Received via email) David Hickey Councillor Ward 3 City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L 4LI x h ; , 1 Received Date January 07, 2022 Meeting Date January 10, 2022 Open or Closed Open Session Mayor Donna Noade Reardon and Members of Common Council Subject: Growth Plan to Increase Student Population Background: The City of Saint John has not grown in population compared to other cities over the past decades. We also have not grown in terms of post secondary education and the level of education our current population has. Our poverty numbers are higher then most cities and our aging population is a concern. Increasing the number of post secondary students and the numbers of post secondary opportunities will increase our population and our tax base. Motion: That Common Council directs the Growth Committee and Envision Saint John to build a Growth Plan to dramatically increase our post secondary student population which will raise Saint John's education levels and lower our poverty levels. Respectfully Submitted, (Received via email) Barry Ogden Councillor Ward 2 City of Saint John SAINT JOHN P.O. Box 1971 Saint John, NB Canada E2L 41_1 I www.saintjohn.ca I C.P 1971 Saint John, N.-B. Canada E2L 4LI P0%191 .L- N N 0IML i C6 C ro co C: r i -0 .E }, =3 O t-� W ^W �..L O }, 00 O � .. 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X A l,l LO 0 M r-I O N E N a--+ N Ln Ln U 4-0 E N L Q U c� Q) bn N N O N i ca ca Q U O U fu a) I O E 0 M N z z 0 M 0-4 GA z z ct H co M NB Co artiitien of Persons Voith Disabilities December 16, 2021 CGnali'tia n des perso nnes handicap6es dui N.-B. To- The Mayor of Saint John, Common Council members From- The New Brunswick Coalition of Persons with Disabilities I am writing the Council today on behalf of the New Brunswick Coalition of Persons with Disabilities (NBCPD) regarding a few concerns; namely transit services, various recent developments, and access to pedestrian infrastructures within the city. These things are very concerning to our members, the 26.7% of New Brunswickers with 1 or more disabilities. It is important to note, first, that we — persons with disabilities - are the province's single largest demographic. Add in the senior population, and we are much closer to 50% of the population. Our group, along with another organization representing persons with disabilities, recently presented to the council concerning issues around the lack of accessibility in Saint John. The primary focus was on the lack of accessible transit. Shortly thereafter, we were very disappointed to learn of the lack of consideration towards citizens with disabilities surrounding the bus stop changes at the Lancaster Mall. The transit manager, as well Councillor at large Brent Harris (transit rep), have done as much as possible to place all culpability on the mall's property owners, Strathellen, however it is still a SJ Transit stop and thus the city holds culpability. The city has admitted they provided specs for the new build, which means they were fully aware that a change was coming. It worries us that there was no consultation with stakeholders. Committing to meeting with stakeholders after the fact does not alleviate responsibility for the damage done. The stop is way too far from the mall; there is still no safe pathway to the stop; there is no lighting, and so it is extremely dark at the stop from 4 pm onwards. This renders it terrifying to many women and persons with disabilities after darkness falls. This change has taken away the ability of so many to be independent- be it for work, for shopping, or simply feeling safe and appreciated in their city. The lack of real response has been very disappointing at best. A dangerous precedent has been set. How long before the same happens at McAllister Place? These businesses need the stops in their parking lots for staff and shoppers as much as the city needs the free land for the stop. It is time to take a leading role on this matter. Last week, I virtually attended a session on climate change and cities in NB. Brent Harris was in attendance. He referred to one of my questions in terms of stakeholders and admitted in this session that the city absolutely did drop the ball in terms of what happened with the bus stop at the Lancaster Mall. He also made comments on the importance of consulting with stakeholders and city "experts" - those stakeholders who know the situation best. We would agree, however, we still do not see an accessibility EcZi16-1 committee listed on your Boards and Commissions page. This would be a good first step. Our next area of concern is around housing and new builds being announced in the St John area. Not one of these announcements refers to accessible units, which they must have by law. In 2015, Canada passed the Accessible Building Code Act, and this was adopted by NB in 2020/21. All new builds MUST adhere to this. Contrary to what we have been told during inquiries to the Building Permits and Inspections department in Saint John, your municipal bylaw does not override the New Brunswick provincial code. The fact that we are now being told we must complete a RTI request each time we ask questions such as "How many units will be accessible as defined by the NB Barrier -Free building Code Act? How many regular parking spots will be provided, and how many of these will be accessible spots designated for PWD? How many will be the extra -large spots designated for wheelchair ramps?" makes us even more suspicious that the code is not being followed and/or adhered too. This is a violation of Charter Rights, not to mention, the law. We are requesting that the Coalition be sent the number of accessible units, and proof that they are meeting all regulations of the Barrier - Free Act, for all new builds announced, proposed, and even started since February of this year until now. We are asking that these numbers start being sent as soon as possible, and that we have them for all new builds of 4 or more units by the end of January. We appreciate and thank you in advance for your prompt response to this request. The final piece that we will address in this letter is the most recent decision over the Pedway between TD Station and the Shops of City Hall/ Market Square. Closing this pedway for 90 minutes before and after events was a poorly thought through reactionary move, and much like the bus stop at Lancaster Mall, a very dangerous one. We are not talking about if something dangerous happens due to this decision, but when something dangerous happens. Because able-bodied people can easily transition to the outdoors sidewalk; those with disabilities, seniors, young parents with toddlers or children in strollers - who in good faith purchased tickets knowing access to the station was safe - are now being forced to make unsafe choices. There are so many better alternatives. Security guards could be hired and stationed at each end of the pedway to remind individuals that there is no stopping and loitering allowed. Window could be covered at the Aquatic center windows, if this is the area people congregate without proper masking. That would discourage the actions of the few who do this. Simply closing the pedway as a reactionary move may seem like a quick fix but shows lack of consultation with stakeholders. It is important for Council to realize that because they presently have no members who have mobility or visual disabilities, it is vital that they consult with members of these communities prior to making these types of decisions. These changes do not affect you the way it affects us. Decisions need to be made to cause behaviour changes in those blatantly breaking the rules, instead of a form of punishment to all. We look forward to your responses on these matters- and we will continue to follow up with other areas of concern. 195191 Thank you. Shelley D Petit Chair — NBCPD 311 In September of this year, I contacted you regarding the Bargain Hunter flyer bundle that is being deposited on driveways across the city. At that time the issue was being brought before council (September 20th meeting) and I believe the issue was left for further attention. I could be wrong on that, but I am thinking that I was given the name of Jonathan Taylor, a Director of Legislative Services. I didn't take notes at the time so my recollection is a bit sketchy. I am currently writing to report that I have gotten through to the company that distributes these advertising bundles and asked them to stop delivery to my address. They seemed very polite and compliant, however the flyers didn't stop. I have asked them twice more and have gotten the same assurance that the deliveries would cease and yet they don't. Is this something anyone would be interested in knowing? In an earlier message I mentioned that the CBC reported that the City of Moncton now issues fines ranging from $140 to $560 for similar behaviour. For now, I collect the items, trash the plastic bags and recycle the newspaper. regards, Patrick Conway K51K Good afternoon, I called the city to ask a question about the by laws of companies like Bargain Hunter and how they are allowed to litter our beautiful streets of Saint John with commercial Flyers to citizens who didn't request them! I was told there was no by laws preventing this from occurring. We were doing very well for a while but all of a sudden the Flyers are back worse than ever. Most people like myself get their Flyers via email. I called them last week to cancel but that didn't happen! I live in a little cul de sac and there are Flyers and pink plastic bags all over the place. Thanks to the neighbors for cleaning them up this week! They will end up in the woods, into people's snowblowers etc. My question is after all these years why isn't there bylaws preventing these companies from throwing Flyers in people's driveways when they didn't request them? Please pass a bylaw preventing this eyesore! Thanks for your time, Wayne Chiasson 19591 1 '01, J Di M&C No. 2022-001 Report Date December 20, 2021 Meeting Date January 10, 2022 Service Area Corporate Services SUBJECT: 2019-080601P Security Information and Event Management (STEM) Agreement EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL A Security Information and Event Management (SIEM) solution provides an organization with insight into and a track record of the activities within their information technology (IT) environment. Combined with 24 x 7 x 365 Security Operations Centre (SOC) monitoring, cybersecurity is enhanced to provide alerting and containment activities as required. The initial contract with Bulletproof Solutions ULC (Bulletproof) for SIEM and SOC services was based on events per second (EPS). With the restoration of the City's information technology systems resulting from the cyberattack that occurred on November 13, 2020, the platform for the SIEM has been updated to work with the Microsoft Office 365 environment. This system enhances cybersecurity with the ability to monitor at the user level. This is particularly important as most cyberattacks result from end user activities globally. The original contract pricing with Bulletproof for SIEM and SOC services was $9,950 plus HST per month or $119,400 plus HST annually. The proposed cost for enhanced SIEM and SOC services are $12,097.03 plus HST per month. This cost is based on quantity of infrastructure and endpoints, meaning the cost is variable. Projected annual costs based on current infrastructure and endpoints is $145,164.36 plus HST for an annual minimum increase of $25,764 plus HST annually. Adjustments within the approved 2022 operating budget will be made to accommodate for the SIEM and SOC enhancements. COUNCIL RESOLUTION That the City approve an amendment to the 2019-080601P Security Information and Event Management (SIEM) Agreement in the form as approved previously on November 18, 2019 with Bulletproof Solutions ULC for the purpose of providing SIEM services to the City, which shall be effective as of January 1, 2022 and end on November 18, 2022 as discussed in Committee of the Whole at the meeting held January 10, 2022, and that the Mayor and Clerk be authorized to execute any document ancillary thereto or necessary to affect the transaction.