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2023-08-21_Agenda Packet--Dossier de l'ordre du jour
�B City of Saint John Common Council Meeting AGENDA Monday, August 21, 2023 6:00 pm 2nd Floor Common Council Chamber, City Hall An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (wwwsaintjohn.ca) or on Rogers TV. Pages 1. Call to Order 1.1 Land Acknowledgement 1.2 National Anthem 2. Approval of Minutes 2.1 Minutes of July 24, 2023 1 - 12 3. Approval of Agenda 4. Disclosures of Conflict of Interest 5. Consent Agenda 5.1 Cleanup of Unsightly Premises at 254 Ludlow Street (Recommendation in 13 - 24 Report) 5.2 Proposed Public Hearing Date: 1660 Manawagonish Road and 1260 Fairville 25 - 26 Boulevard (Recommendation in Report) 5.3 Assent to Money -in -lieu of Land for Public Purposes, 60 Westmount Drive 27 - 29 (Recommendation in Report) 5.4 Designation of By -Law Enforcement Officer (Recommendation in Report) 30 - 32 5.5 Amendment to Urban Development Incentive Grant Agreement — 35 Cliff Street 33 - 96 (Steepleview Development Inc) (Recommendation in Report) 6. Members Comments 7. Proclamation 8. Delegations / Presentations 9. Public Hearings - 6:30 p.m. 9.1 Proposed Zoning ByLaw Amendment with Planning Advisory Committee 97 - 134 recommendation and Staff Presentation - 384 Lancaster Avenue (1 st and 2nd Reading) 9.2 Proposed Section 59 Amendment with Planning Advisory Committee report and 135 - 172 Staff Presentation - 11 Blue Rock Court 10. Consideration of By-laws 11. Submissions by Council Members 12. Business Matters - Municipal Officers 12.1 Chief Administrative Officer Update on Select Catalytic Projects and Advocacy (Verbal) 13. Committee Reports 14. Consideration of Issues Separated from Consent Agenda 15. General Correspondence 15.1 Living Donation Week Request for Proclamation 2023 (Recommendation: 173 - 174 Direct Clerk to Schedule Proclamation for September 5th meeting) 16. Supplemental Agenda 17. Committee of the Whole 17.1 Amendment to Agreement of Purchase and Sale with Kelson & Kelson Ltd. 175 - 175 17.2 Royal Charter Revival and Amending Agreement 176 - 176 17.3 Appointment of Municipal Planning Director 177 - 177 17.4 Affordable Housing Grant - Kaleidoscope Social Impact 178 - 178 18. Adjournment K COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 The City of Saint job n MINUTES — REGULAR MEETING COMMON COUNCIL OF THE CITY OF SAINT JOHN J U LY 24, 2023 AT 6:00 PM 2ND FLOOR COMMON COUNCIL CHAMBER, CITY HALL An Electronic means of communication will be used at this meeting. The public may attend the meeting in person in the Council Chamber or view the meeting on the City's Website (www.saintjohn.ca) or on Rogers TV. Present: Mayor Donna Noade Reardon Deputy Mayor John MacKenzie Councillor -at -Large Gary Sullivan Councillor -at -Large Brent Harris Councillor Ward 1 Greg Norton Councillor Ward 1 Joanna Killen Councillor Ward 2 Barry Ogden Councillor Ward 3 Gerry Lowe Councillor Ward 3 David Hickey Councillor Ward 4 Greg Stewart Councillor Ward 4 Paula Radwan Also Present: Chief Administrative Officer (CAO) B. McGovern Director Finance J. Forgie General Counsel M. Tompkins Commissioner Human Resources S. Hossack Deputy Fire Chief R. Nichol Commissioner Utilities & Infrastructure Services I. Fogan Commissioner Growth & Community Services J. Hamilton Commissioner Public Works & Transportation M. Hugenholtz Director Legislative Services / City Clerk J. Taylor Deputy City Clerk P. Anglin Call to Order COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 1.1 Land Acknowledaement Councillor Hickey read aloud the Land Acknowledgement and called for a moment of reflection. "The City of Saint John/Menaquesk is situated is the traditional territory of the Wolastoqiyik/Maliseet.The Wolastoqiyik/Maliseet along with their Indigenous Neighbours, the Mi'Kmaq/Mi'kmaw and Passamaquoddy/Peskotomuhkati signed Peace and Friendship Treaties with the British Crown in the 1700s that protected their rights to lands and resources." 1.2 National Anthem The Saint John High School Orchestra performed O Canada by video. 2. Approval of Minutes 2.1 Minutes of July 10, 2023 Moved by Councillor Sullivan, seconded by Councillor Harris: RESOLVED that the minutes of July 10, 2023, be approved. MOTION CARRIED. 3. Approval of Agenda Moved by Councillor Stewart, seconded by Deputy Mayor MacKenzie: RESOLVED that the agenda of July 24, 2023 be approved with the addition of Item 17.1 Extended Producer Responsibility Program Recycling Collection Service Provider; and 17.2 CMHC Agreement - #26,956,854. MOTION CARRIED. 4. Disclosures of Conflict of Interest Councillor Ogden declared a conflict of interest with item 9.1 - Ethos Ridge Proposed Development - Lands adjacent to 2100 Sandy Point Road. 5. Consent Agenda 5.1 RESOLVED that as recommended in the submitted report M&C 2023-189: Proposed Public Hearing Date: 50 MacAuley Avenue, 90 Wilton Street and 351 Latimore Lake Road, Common Council schedule the public hearing for the Zoning Bylaw rezoning applications submitted by James Chedore for 50 MacAuley Avenue (PID: 55176341), an application submitted by Peter David O'Brien for 90 Wilton Street (PID: 55218192), and an application submitted by Bill Cook for 351 Latimore Lake Road (PID: 00334631 and part of 00421727) for Tuesday, September 5, 2023 at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB. 5.2 RESOLVED that as recommended in the submitted report M&C 2023-181: Trans Canada Trail — Contribution Agreement the City enter into the Contribution Agreement in K COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 the form as attached to M&C No. 2023-181 with the Trans Canada Trail for funding related to the Harbour Passage - Accessibility Ramp Project and that the Mayor and Clerk be authorized to execute the said Contribution Agreement and any other documents ancillary thereto. 5.3 RESOLVED that as recommended in the submitted report M&C 2023-155: Contract Value Increase for Architectural Services: Loyalist Plaza and Fundy Quay Harbour Passage Extension Project that the awarded amount of Contract 2021-094501P Architectural Services: Loyalist Plaza and Fundy Quay Harbour Passage Extension previously awarded to Glenn Group on February 22nd, 2021, be increased from $1,401,925.00 + HST to $1,841,748.00 + HST as outlined in the submitted report. 5.4 RESOLVED that as recommended in the submitted report M&C 2023-183: Contract 2022-17: Sydney Street (Broad Street to Tin Can Beach) — Street Reconstruction and Harbour Passage Extension, Common Council approve the following: (A) Contract No. 2022-17: Sydney Street (Broad Street to Tin Can Beach) — Street Reconstruction and Harbour Passage Extension be awarded to the low Tenderer, Galbraith Construction Ltd., at their tendered price of $1,584,749.45 (including HST) as calculated based upon estimated quantities, and further that the Mayor and City Clerk be authorized to execute the necessary contract documents; and (B) Council approve the issuance of a purchase order for Regional Petroleum Products Recycling Ltd. in the amount of $125,250.00 (plus HST) for the disposal of contaminated soil related to Contract 2022-17. 5.5 RESOLVED that as recommended in the submitted report M&C 2023-191: Proposed Rescheduling of a Public Hearing Date — 384 Lancaster Avenue, Common Council reschedule the public hearing for the Zoning Bylaw rezoning application submitted by Paul Chiu for 384 Lancaster Ave (PID: 00386466) for Monday, August 21, 2023, at 6:30 p.m. at the Council Chamber, City Hall 2nd floor, 15 Market Square, Saint John, NB; and further that Common Council authorize the refunding of the $2650 application fee for the Zoning By-law rezoning application. 5.6 RESOLVED that as recommended in the submitted report M&C 2023-193: Street and Public Space Naming Policy, Common Council adopt the following Street and Public Space Naming Policy Statement: • The City of Saint John recognizes that the names of streets and public spaces are critical for municipal addressing and emergency response purposes. • The City acknowledges that the names of streets and public spaces reflect community values by demonstrating how the city chooses to collectively recognize and honor the past. • The City may use commemorative street and place naming as a tool to create an inclusive and diverse culture. • The City will streamline the operational guidelines to address requests from residents, staff, and developers who request to name a new or pre-existing street or public spaces. K3 COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 • The City will empower staff and the Civic Commemoration Committee to guide and advise Council through the naming of public streets, assets, and spaces including but not limited to roads, parks, buildings, rinks, fields, beaches, and plazas. 2. Common Council direct the CAO to implement the use of the Street and Public Space Naming Policy by staff and relevant committees. 5.7 RESOLVED that as recommended in the submitted report M&C 2023-182: 2023- 2024 Arena Ice Rates, Common Council approve a 3% rate increase as listed in table 1 of M&C Report 2023-182 for the 2023-2024 Arena ice season. 5.8 RESOLVED that the letter from NB Environmental Network — Public Support for Nature Based Climate Solutions, be received for information. 5.9 RESOLVED that the request to present from PRO Kids, be referred to the City Clerk to schedule the presentation. 5.10 RESOLVED that the Letter of Thanks from Seniors Summer Fest, be received for information. 5.11 RESOLVED that as recommended in the submitted report M&C 2023-192: Thermal Interconnect between the Canada Games Aquatic Centre and the Market Square, Common Council authorize the Chief Administrative Officer to award the tenders for equipment up to $700,000 if awarded to the same vendor. Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that the recommendation set out in each consent agenda item respectively be adopted. MOTION CARRIED UNANIMOUSLY. 6. Members Comments Members commented on various local events. 7. Proclamation 8. Delegations/Presentations 8.1 Operation Feed Saint John Pat Gordan retired Army veteran and Founder of Operation Feed Saint John outlined the work provided by the volunteer organization distributing food supplies to impoverished families and Peer -to -Peer support for veterans. 8.2 Fundy Regional Services Commission: Regional Strategy Mayor Nancy Grant Chair of the Commission and Phillippe Ouellette Executive Director presented the Fundy Regional Services Commission Regional Strategy consisting of 77 actions. Moved by Councillor Sullivan, seconded by Councillor Norton: C! COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 RESOLVED that the presentation from the Fundy Regional Services Commission: Regional Strategy, be received for information. MOTION CARRIED. 9. Public Hearings - 6:30pm Having declared a conflict of interest, Councillor Ogden withdrew from the meeting for discussion of item 9.1 Ethos Ridge. 9.1 Proposed Section 59 Conditions with Planning Advisory Committee recommendation and Staff Presentation — (Ethos Ridge) Lands adjacent to 2100 Sandv Point Road Commissioner Hamilton introduced the proposed Section 59 amendment for property located adjacent to 2100 Sandy Point Road, also identified as PID Number 55238471, to permit a revised proposal. Senior Planner M. Reade provided the staff recommendation addressing three changes to the 2021 proposal: • Outdoor parking not underground parking • Increased number of units increased from 125-167 • Sunset clause extension from 5 years to 7 years. Mayor Noade Reardon called the Public Hearing to Order. The Mayor called for members of the public to speak against the proposed amendment with the following presenting: • Jill Jollineau, resident 360 Pelton Road • Kory Kinsella resident 305 Pelton Road • Robert Bazaluk resident 433 Pelton Road • Charlene Chase Resident 468 Pelton Road • Greg Collin resident 467 Pelton Road • Joan Pearce resident Pelton Road • John Mowatt resident 470 Pelton Road • Sarah Gander resident Marlin Drive, former resident Pelton Road • Colin Forsythe resident Sandy Point Road. The opponents to the proposed section 59 amendments objected to the changes for the following reasons: o the proposed s. 59 amendment does not meet the definition of a Supportive Facility, it is an apartment building. o The 2021 proposal offered underground parking and other amenities, communal dining, health services, cleaning services; the section 59 amendment provides outdoor parking and no amenities. o The 2021 proposal would have 50 employees, the revised proposal will have 5. o The 2021 proposal had 127 units; the revised proposal will have 167 units, a 33% increase. 61 COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 o The proposal does not meet the requirements of Policy LU-90, for public transit and active transportation, stormwater management, safety, and infrastructure requirements. o The revised proposal asks to extend the sunset clause to 7 years from 5 years, yet no start date can be explicitly defined, and no financing is in place. o On street parking concerns, the number of proposed parking spaces is less than the number of units, the design of the proposed parking lot and associated risk to the environment and infrastructure from run off. o The proposed revision does not provide affordable senior housing or low-income housing. o Ecology — Federally listed species at risk are in the area. The Mayor called for members of the public to speak in favour of the proposed amendment with the following presenting. Scott Walton Ethos Ridge Partner presenting - provided updates to the 2021 plan, addressing the increased number of units, the facility amenities, parking, and the project timeline. Ian McLeod Ethos Ridge Partner presenting - provided updates on facility amenities — communal dining being a restaurant -like facility, a kitchen provided in each unit, contract - based services for health care and living assistance, parking and traffic study, ground water, neighbourhood wells, watercourses, and project timeline. Mayor Noade Reardon closed the Public Hearing. Moved by Councillor Stewart, seconded by Councillor Hickey: RESOLVED that the meeting recess for a 5-minute break at 8:30 p.m. MOTION CARRIED. The Mayor reconvened the meeting at 8:40 pm. Staff responded to questions from the Council Members. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council deny the staff recommendation to repeal the Section 59 conditions imposed on the April 6, 2021, rezoning of the property located adjacent to 2100 Sandy Point Road, also identified as PID Number 55238471. MOTION CARRIED with Councillors Harris and Hickey voting against the motion. Councillor Ogden re-entered the meeting. 10. Consideration of By-laws 10.1 Zoning By -Law Amendment with Section 59 Conditions — 460 Milford Road (3rd Readin Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "By -Law Number C.P. 111-152 A Law to Amend the C.1 COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 Zoning By -Law of the City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.76 hectares, located at 460 Milford Road, also identified as PID Number 00405381, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read. The by-law entitled, "By -Law Number C.P. 111-152 A Law to Amend The Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Sullivan, seconded by Councillor Hickey: RESOLVED 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 1.76 hectares, located at 460 Milford Road, also identified as PID Number 00405381: a) That the development of the site be limited to three, three -storey, multi -unit residential buildings, as identified in the submitted site plan and associated renderings, and that the footprint, height and massing of the applicant's development be in substantial conformity with the plans submitted with the rezoning application; b) The development and use of the parcel of land be in accordance with detailed building elevation and site plans, prepared by the proponent and subject to the approval of the Development Officer, illustrating the design and location of buildings and structures, garbage enclosures, outdoor storage, driveway accesses, vehicle and bicycle parking, loading areas, landscaping, amenity spaces, signs, exterior lighting, and other such site features; i) That the proposed development incorporate walkways connecting the multi -unit buildings with the public sidewalk located on Milford Road. c) The above elevation and site plans be attached to the building permit application for the development of the parcel of land; d) That the parcel of land be developed and maintained in accordance with an engineering storm water drainage plan and design report, prepared by a professional engineer on behalf of the proponent and subject to the approval of the Chief City Engineer, and that such approved plan and report be attached to any development and/or building permit for the proposed development; e) Should any municipal infrastructure improvements be required to service this proposal, it will be the owner/developer's full responsibility and cost to complete. Prior to determining the requirement for any municipal infrastructure improvements, detailed engineering plans and a design brief must be submitted by the owner/developer's engineering consultant to the City for review and approval; i) Should the proposed unit count of 78 increase by over 10%, an updated Traffic Study will be required from the developer prior to the issuance of a building permit. f) The landscaping plan mentioned in condition (b) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application, which incorporates the following; r� COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 i) That the front and flankage yards of the site be landscaped in accordance with the front yard landscaping requirements for commercial developments as required by Section 6.2 (c) of the Zoning By -Law. ii) That PID 55221428, which is to be developed by the proponent as access to the property, contains a landscape buffer between the proposed roadway and adjacent residential properties. MOTION CARRIED. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the by-law entitled "ByLaw Number C.P. 111-152 A Law to Amend the Zoning By -Law of the City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 1.76 hectares, located at 460 Milford Road, also identified as PID Number 00405381, from Two -Unit Residential (R2) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-152 A Law to Amend The Zoning By -Law of The City of Saint John." Moved by Deputy Mayor MacKenzie, seconded by Councillor Sullivan: RESOLVED that Common Council assent to one or more subdivision agreements, in one or more phases in general accordance with the site design and Tentative Plan of subdivision for the proposed development with respect to any required Local Government Services Easements and Municipal Drainage Easements to be determined during detailed design for the proposed subdivision. MOTION CARRIED. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that Council assent to money in lieu of Land for Public Purpose. MOTION CARRIED. Moved by Councillor Sullivan, seconded by Deputy Mayor MacKenzie: RESOLVED that Common Council authorize the City to enter into an agreement pursuant to s. 59 of the Community Planning Act for the purpose of constructing a road over the City's parcel of land identified as PI D55221428. MOTION CARRIED. 10.2 Zoning By -Law Amendment with Section 59 Conditions —10 Crane Mountain Road Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-153 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 11.3 hectares, located at 10 Crane Mountain Road also identified as a portion of PIDs 00289587 and 55043277 from Rural (RU) to Pit and Quarry (PQ), be read. E:3 COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 MOTION CARRIED. The by-law entitled "By -Law Number C.P. 111-153 A Law to Amend the Zoning By -Law of the City of Saint John" was read in its entirety. Moved by Councillor Lowe, seconded by Councillor Sullivan: RESOLVED 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 11.3 hectares, also identified as a portion of PIDs 00289587 and 55043277: a. That the excavated material from the site only be used by the regional landfill in their operations. b. That access to the site be limited to the existing private roadway as detailed on plans submitted with the application and that the Acamac Backland Road is not used to transport excavated material from the site. c. No portion of the site shall be developed in accordance with the applicant's proposal prior to the proponent receiving all other necessary Provincial approvals that may be required including, but not limited to, a Wetland and Watercourse Alteration Permit(s). Proof of these approvals must be submitted to the Development Officer with the required Excavation Permit Application(s). MOTION CARRIED. Moved by Councillor Harris, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-153 A Law to Amend the Zoning By -Law of The City of Saint John", amending Schedule "A", the Zoning Map of The City of Saint John, by rezoning a parcel of land having an area of approximately 11.3 hectares, located at 10 Crane Mountain Road also identified as a portion of PIDs 00289587 and 55043277 from Rural (RU) to Pit and Quarry (PQ), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled "By -Law Number C.P. 111-153 A Law to Amend the Zoning By -Law of the City of Saint John." 10.3 Zoning By -Law Amendment — 21 Canon Street / 348 Rockland Road (31d Reading) Moved by Councillor Harris, seconded by Deputy Mayor MacKenzie: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-154 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 2,847.26 square metres, located at 21 Canon Street and 348 Rockland Road, also identified as PID Numbers 00025791 and 55086128 from General Commercial (CG) to Mid -Rise Residential (RM), be read. MOTION CARRIED COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 The by-law entitled, "By -Law Number C.P. 111-154 A Law to Amend the Zoning By -Law of The City of Saint John" was read in its entirety. Moved by Councillor Hickey, seconded by Councillor Radwan: RESOLVED that Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind the conditions imposed on the March 25, 2019, rezoning, for the parcel of land having an area of approximately 2,847.26 square metres, located at 21 Canon Street and 348 Rockland Road, also identified as PID Numbers 00025791 and 55086128. MOTION CARRIED. Moved by Councillor Lowe, seconded by Councillor Hickey: RESOLVED that the by-law entitled, "By -Law Number C.P. 111-154 A Law to Amend the Zoning By -Law of The City of Saint John" rezoning a parcel of land having an area of approximately 2,847.26 square metres, located at 21 Canon Street and 348 Rockland Road, also identified as PID Numbers 00025791 and 55086128 from General Commercial (CG) to Mid -Rise Residential (RM), be read a third time, enacted, and the Corporate Common Seal affixed thereto. MOTION CARRIED. Read a third time by title, the by-law entitled, "By -Law Number C.P. 111-154 A Law to Amend the Zoning By -Law of The City of Saint John." 11. Submissions by Council Members 12. Business Matters — Municipal Officers 13. Committee Reports Moved by Councillor Stewart, seconded by Councillor Lowe: RESOLVED that in accordance with the Procedural By -Law the meeting be extended beyond 10:00 p.m. MOTION CARRIED. 13.1 Growth Committee: City Market Strategic Plan Director D. Dobbelsteyn introduced the steering committee and Consultant FBM for the City Market Strategic Plan, a 10-year vision. The Growth Committee and the City Market Strategic Plan Steering Committee recommend Council adopt the plan. Moved by Councillor Killen, seconded by Councillor Hickey: RESOLVED that Common Council adopt the 10-year City Market Strategic Plan and direct the Chief Administrative Officer to: 1. begin implementation of the plan; and 2. bring a resourcing plan to Common Council on an annual basis for the duration of the strategic plan for their consideration as part of annual budget deliberations. to iN COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 MOTION CARRIED with Councillor Radwan voting nay. 14. Consideration of Issues Separate from Consent Agenda 15. General Correspondence 15.1 K. Harris: Skate Park Challenges (Recommendation: Refer to Chief Administrative Officer for follow-up) Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that the letter from K. Harris regarding Skate Park Challenges be referred to the Chief Administrative Officer for follow-up. MOTION CARRIED. 15.2 Saint John Kings Adult Learning Inc.: Adult Academic and Digital Literacy Skills Program Delivery (Recommendation: Refer to Chief Administrative Officer (CAO) for follow-up) Moved by Councillor Radwan, seconded by Deputy Mayor MacKenzie: RESOLVED that the letter from Saint John Kings Adult Learning Inc. regarding Adult Academic and Digital Literacy Skills Program Delivery, be referred to the Chief Administrative Officer for follow-up. MOTION CARRIED. 15.3 A. Pottle: Possible Extension and Overdue Maintenance of Shoreline Trail (Recommendation: Refer to Chief Administrative Officer for follow-up) Moved by Councillor Norton, seconded by Councillor Stewart: RESOLVED that the letter from A. Pottle regarding the Possible Extension and Overdue Maintenance of Shoreline Trail, be referred to the Chief Administrative Officer for follow- up. MOTION CARRIED. 16. Supplemental Agenda 17. Committee of the Whole 17.1 Extended Producer Responsibility Program Recycling Collection Service Provider Moved by Councillor Hickey, seconded by Deputy Mayor MacKenzie: RESOLVED that as recommended by the Committee of the Whole, having met on July 24, 2023, Common Council decline the offer from Circular Materials for the City to be the Collection Contractor as per the proposed agreement documents presented to Committee of the Whole at its July 24, 2023, meeting. MOTION CARRIED. 17.2 CMHC Agreement - #26,956,8454 11 11 COMMON COUNCIL / CONSEIL COMMUNAL July 24, 2023 / le 24 juillet 2023 Moved by Councillor Killen, seconded by Councillor Harris: RESOLVED that as recommended by the Committee of the Whole, having met on July 24, 2023, Common Council approve the following: 1. That the City of Saint John enter into a Rapid Housing Initiative agreement with the Canada Mortgage and Housing Corporation, generally in the form as presented to the Committee of the Whole at its July 24, 2023, meeting, and further, 2. Subject to the City receiving consent from CMHC for the registering of the necessary mortgages against the project lands and subject to the terms of the Provincial Funding for the Project matching those of the CMHC funding, including the 40 year affordability period for the project, that the City of Saint John enter into a contribution agreement with Kaleidoscope Social Impact for a project located at 67 Broadview Street, Saint John, New Brunswick generally in the form as presented to Committee of the Whole at its July 24, 2023 meeting , and further, 3. That the Mayor and Clerk be authorized to execute the said agreements and any documents ancillary thereto, including the City's mortgage to be registered against the project lands. MOTION CARRIED. 18. Adjournment Moved by Councillor Lowe, seconded by Councillor Norton: RESOLVED that the meeting of Common Council held on July 24, 2023, be adjourned. MOTION CARRIED. The Mayor declared the meeting adjourned at 10:30 p.m. 12 City Clerk 12 D '� r r I l jl COMMON COUNCIL REPORT M&C No. 2023-199 Report Date August 14, 2023 Meeting Date August 21, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT: Cleanup of Unsightly Premises at 254 Ludlow Street AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Pamela Bentley Amy Poffenroth J. Brent McGovern RECOMMENDATION It is recommended that Common Council direct one or more of the Officers appointed and designated by Council for the enforcement of the Saint John Unsightly Premises and Dangerous Buildings and Structures By-law to arrange for the cleanup of 254 Ludlow Street, PID# 366799. EXECUTIVE SUMMARY The Community Standards Program focuses on issues that impact the aesthetics, pride and enjoyment of a neighbourhood, and this includes addressing unsightly premises that contain debris, rubbish and refuse. In delivering this program, it is sometimes necessary to issue a Notice to Comply to a property owner when they do not voluntarily comply with a request to remedy unsightly conditions at their property. The unsightly conditions outlined in the attached Notice to Comply have not been addressed in the time period provided. Pursuant to the Unsightly Premises and Dangerous Buildings and Structures By-law, staff requires authorization from Council to arrange for the cleanup of the property. PREVIOUS RESOLUTION Not applicable. REPORT The Community Standards Program addresses unsightly debris, rubbish and refuse on private properties throughout Saint John using authorities granted in relevant Provincial Acts and City By-laws. By addressing these conditions, the program is able to achieve Common Council's priorities, cultivating community pride and creating safe livable neighbourhoods. In addition, the Program also 13 -2- addresses Zoning By-law infractions which negatively impact property values and citizens' quality of life. This program was piloted in 2017 and later made permanent in 2020 after multiple years of success. This year, 2023, has also been successful as targets set at the start of the year have already been met. Addressing unsightly premise violations within the City of Saint John, typically start with the By-law Enforcement Officer requesting for the property owner to voluntarily cleanup the subject property within a certain time period. If insufficient action or no action is taken in response to the request, the Officer may move forward with a formal request in the form of a Notice to Comply. The Notice states the necessary actions and timelines for the owner to comply. Once the Notice time period expires, if little to no work is completed and the violations at the premise remain, Common Council may authorize staff to clean up the property. The cost of this work is then sent to the owner. If the invoice is unpaid, at the end of a calendar year, staff can send the amount owed to the province and the city is then reimbursed for the outstanding amount. This amount then gets placed on the owner's property tax bill for the subject property. Staff is bringing forward a request for Common Council to direct staff to arrange for the cleanup of a property at 254 Ludlow Street. The Notice to Comply was issued on July 5, 2023 and the owner was given 30 days to clean up the premises. Prior to issuing the Notice, staff requested the owner to voluntarily complete the work however, insufficient action has been done to remedy the conditions on site. The property was inspected again after the Notice time period expired and although some limited cleanup activities took place, the property is still in non-compliance. STRATEGIC ALIGNMENT This report aligns with Council's BELONG priority. The BELONG priority focuses on enhancing quality of life and social well-being, ensuring community safety, and cultivating community pride by providing our citizens with safe and clean neighbourhoods. SERVICEAND FINANCIAL OUTCOMES The Local Governance Act indicates that a municipality may commence in the proceedings of remedial action, and therefore Common Council's approval is required before staff can arrange for cleanup activities at the subject property. Where possible, staff will use internal resources for the cleanup of the unsightly property and the cost is then billed to the property owner. If it is not possible to use internal resources for the remedial work, staff will seek competitive bidding in accordance with the applicable policy and the cost of the work is then billed to 14 -3- the property owner. Should the bill remain unpaid, staff will then submit this amount to the province with a request for reimbursement. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The General Counsel Office reviewed the Notice to Comply issued on July 5, 2023 and confirmed property ownership by obtaining the Certificate of Registered Ownership. ATTACHMENTS Notice to Comply for Unsightly Premises issued on July 5, 2023 with the associated inspection report and photos of the subject property. 15 FORM 4 NOTICE TO COMPLY — DANGEROUS OR UNSIGIIIAT PREMISES (Local Gover'n(rnee Act, S.N.R., 2017, v.18, s 132(2)) Parcel identifier - PI D # 00366799 Address: 254 L.tidlow Su'ecl. Saud John. New Brunswick Owner(s) or Occupier(s): Name: Krisul Lynn Lchl:lnc 254. Ludlow Slr'ecl. Saint .Inhn Ncly Brun.Nvirk Local government }living notice. The C'ily of Saint .John. By-law contravened: ,Suirrr.lalur lln.siglair PI-ritli.sys cruel I)crn,grrous Buildings mud ,SN'rrrlurccc BrLutl, By-Iaw Number M-30, and ameadnlcnls thereto IIhC "By-law"i. FORMULE 4 AVIS DE CONFORMITI — LIEUX RANG EREUX 01) INEST1-1fTIQUES ( Lai .ear la you vernance locale, L.N.-B. 2017, ell. 18, par. 132(2)) Numcro Widentilicatiun tic la parcelle : Nil) : 00300791) Adr"se : 254, ruc Ludlow, Saint .loon, Nouveau -Brunswick Propriclairelsl ou occnpal►t(s) : Nom : Krisia Lynn Leblanc 254, roc Ludlow. Saint Jahn, Nouveau - Brunswick Gouvernerucnl local signiliant I'avis : The Cily of Sanll .lobo. Arrctc enli•einl : Amite retain au.r lirn,l ineclhr'tignes rl uu.l hrihn1711.v rl r-wiSl a lions dungereu.lrlr• Saint .Inhn. Arrtilc numb-o M 30, ainsi title ses modifications ci-affcrcnlcti W1 , Arrctr »). Provisions) contravene(fl: soiiseclion N I ) of IhC By- Disposition(s) cnfreinte(.c) i par;l ruphc 6(1) do Law. I `AI't'CIC. Conditions(s) Thal exist: The Ilrcnitsc k tinsighlly by permilting Junk, rubbish or rel`use In reolain on the premise. The Condition, of the premises are not in compliance will) the slandards provided fur purStmill to Ills By-law. ]'he condilions of the premise Zile described in Schedule "A" a True copy of tl)c inspection report dated ,duly 5, 2023 Signets by Mark O'Leary. hy•La<v cnforccrllonl officer and 1'anlcla Bcnlley, 1' I:ng., by -km enl'orcenit:nl ollicer. What ntusl he clone to coerced file condition: The owner is to remedy the Conditions by complying will the rctitiirtd remedial actirnls of the :lloltnlcnlioncd inspection report anti bring the building and premises into Compliance with the afores;titl liy-law. Dale before which file condition otttsl he torrecled:t Within 31) days ol` heint-1 served wills the Nolicc io Comply. Description de la (des) siluation(s) : Lcs lieux soul lnestImitlties cn pernlcuanl la presence tic fcrraille, do dclrittlS oti (IC &CIMS. Les Conditions deS IICnX nc soot pas cn conlornlit� Selon les standat'ds prcvtls dills I'Arr�tr. Les CondiliunS (ICs lictlx Soat dccrilcs u I'annexe <, A ", tine Collie conlin'nte dti rapport d'in.SpcC6011 en tl:lie du 5 juillet 2023 signs par Mark O'LC:uy, tin de I'CxCCtlti011 deS;tildes dtt "ntivernelllcnl local Ct I'amCla Bcnllcy, ill"., line agcltle chai;Cr de I'CxCCllllllll tics alleles tlu otivcrnCnlcnl local. Ce qu'il y a lieu tic i'aire pour y rem6dier: U proprictairc doit rematircr Ics Conditions Cn Sc Collor-nuull aux recomnlandations du rapport d'inspection susnlcntionnc et tl'ansncr le bntinlcnl cl les lielix ell Collll rmi(eS aver I'Arrcic. D61:1i inlparli pour y renle(lier : ' Dane les 30 joun titii stlivcnt la Si_nil'ication do 1':lvis tic confornlilc. Date for giving notice of, appeal: Within 14 days of Dolt• limile pour (lonnel• I'avis Wappel: Dans les- 14 heing served will) the Nonce to Comply, jotirs titli suivcnl la nolil'icalion do I'avis de confornlilc. Process to appeal: The owner play within Id day., :llicr having been Scrvel Willi This Notice to C'onlply, send a Nolicc oi' Appeal by registered nwil to the ('itv Ckrh of The City of Saint .John, City I fall — 2 1 Floor, 15 Morkct Square, Saint .John, New Brunswick. i'.'_'L 41..1. Potential penalty li►r not complying with notice within lime SO out in notice:' Subsection I If I ) ol, the liv-law states That ;t persoll who fails to comply with the lcrint of a Notice. to Comply "ivcn under Section 7 of Ihr said liy- I'L•uccssus (1'ty►pcl : La proprictaire pout tlarl.s les 14 JotlrS qui StiivC111 la nolificalion lie 1'avis do confornlilc, envoys till avis (l ;lJ1pC1 pill' Cotll'I'ICl' recomlllall(W h le grcl'ficrtic Ill ville, :1 The City of -Saint ,John. I"lificc de I'hlilel do virile, 2° t lagc, 15 Market Square, Saint John, Nouveau -Brunswick, E21.4L1. Peine possible en cas (1'ontissiou (le se conformer atlx exigences de I'avis daps le dclai y imparti : ' Le por:rgraphc I N I ) de I'An-66 pnNoil quicongtle onlel Lie tie CtnlfornlCr atl.x exi)_ICllCCx for11MI&S Bans tin avis 16 law, conntlil .:Ill oilellcc That i% punishablC MILLI' I :ol 2 & "Ill'ornlilc 110(11'ir:wx Ionics de I'M-tiCh:7 do ladi(e of (he Pruriuriul OftelIt es Procedure At-t ,ts a caic,ory I - ArrcDr. commet tine infraction (µli CM 1)unitiSahlC en ol,leace. Vcrut tie la garlic 2 tie la l.rri -vur la prv)(rehirr• a/rpliruhfr• rrp.v ir(%arrrinrrs 1)rarim iulra• it Illfe (I'illll':lellnrl tic la CfaSSC F. Where all ol'I.ence under Subseclion I I( I) contintles for more (ban one day, the mininlunl fine that slily he imposed is the minimum fine %el by the Prrrl•irrricll Offi`aces Prnrrvhire Acr for a category I' olli'nee nlulli11"C(l by the nkinlher of days during %VhiCh the of -fence conlintics pirlxuanl to stibparagraph 11(3)(h)(i). Local government's authority (o undertake repairs or reumly:l Paragraph 12( 1)(a) of the By-law slates That it :ill owner or occupier doCS nol Conll)ly with a Notice to Comply Igiven under seclion 7 within the little sel nut in the said Notice, the City nmy, e:tuse the prenn.as of Ilx❑ owner or oCCupier to he Cleaned up or rcpailed. Furlhcr, subsection 120) of- the By-law slates Ihml the cost ol• c:u-ryin�; ()ill Such work, inClucling any asuuialed ch:lrge or lee, is chargeable to the owner or occupier and becomes a debt clue to the Gly. Dated ;it Saint .iohn if,,: 5„' (lay L>'I'Jtilv2(p 3 Loral government: 'I'hc C'il� oI, Seim .lahtl Signature ol'the ollic(ti 0 (lie local gover lfilcnl:' 7 Contact inlitrmation or the ol'I- rr / title local government: ') Name: Mark O'Leary Mailing addre, Growth and Cunlnitlnily Sel-ViCCS 'Pile City ()I'Sainl .lohn 15 Markel Square City Hall Building, Isl Floor 1'. O. Box 1971 Saint John, New Brunswick F'2 L 4L I Telephone: (506) 658-4455 F-mail: nru'k.oluuyCrt'saulljohn.ca Fax: (506) 632-6199 Corpt/rale so Z 17 f..nes(iu'ilnC itiliaclion I)rc`vtic :al paracraphc I I(I) %e potintlil IVII(klnl plus d'lulc journce, I'anlcnde mininude qui petit glee inlposoJe est I'antende mininutic pritvtle liar la Lrri seer lu proce'dare applirahle au.v ilium-limm prariariules pour tine infraction do la Classe I' nnllliplice parr IC nonlhre tic fours pcndanl lesquels I'infl-acli(n su potll-suil collfornlcnlenl a I':tlinc;t II13itb)(i). Pouvoir (Ill gouvernemcnt local Wen(reprendre des rcparalions oil de rentc(lier a la situation : l Confornlcnlcnl au.x aliul ,i 12( 1 )a) do I'ArnW, si till avu de confttrmitS a cic' sipnific aux Icraus de I'article 7 do kidile AITiW et, title le propriclaire oil I'occtlpanl lie a• conformc pas 3 cel avis do clu fornlitc Clans le ticlat nnparti cl lel gti'il esl rcpillc Collfirnlc otl lei qu'il est Confirnlc oil kilotlil le par kill Coolitc du Conu:il oki par till juge ell vertu le pararrapllc 120) de laditc Arrcli, la nnnlicipalitc pctil Ihire nClloyer oil rcparcr ICs ticux (le Cc Ill oprirtaim ou do co occtlp:ml el les cools alT&cll(s it 1'uxrculiun tics o 1vrages, y contl)ris (tile redevance oil tout droll connexe, ,sort mis it la charge du propri&lirc oil de Poccupalll el dUYtenrlclll title CPCallce tic ht nitlnicipalilc. hail 5 Saint .lohn le 5,ludlet, 2023. Couvernenlent locale: The City of Saint .hlhn. Signature du I'onc•tionuaire (Ill gouvernemexit local: Coortlumlcex (fit I'onctionnaire du gouvernemenl local: Nom : Mark O'Leary Adressc postale : Cr oksallc'e Cl le service ennmliln;lltltlil•C The City of Saint .lohlt IS Market Square I',difirC (le I'1161cl tie Ville, 1' have Case poslalc 1971 Sail John fNouvialt-Brunswick) l'2L 4L I TkAl Rhone : (500) 655-4455 AdresNu 6cclroniquc: mark.olc;uyLlsaintjohn.ca Trlrcopietlr : (506) 632 6199 Small (Ill guuverllenlent local Notes: Notes: I. All appropri:uc perrnils most he ohlained :md all rcicvanl 1. 'I'UU4 Ics permis proscrils doivLnt ctl'o uhlcnus et bole la legislanotl nuisl he complied with in the course of carrying Ual the Icgislaliolt perlinenlc doil clrc respectco pendant I'CX&LILio❑ des required remedial action. ntesures do rcm�dialiorl. 2. P:ryntenl of the fine does not alleviate the ohlig:uiun to comply 2. Le paiement do I :lmenllC n'a pas pour el'fet d'annuler with the by-law, standard or nulice_ Pohtigmtion de so conformer a 1'arrctc, a la norme ou a I'avis. 3. Costs hCCUtne a dchl due to the local govcmment and may he 3. Lc+ coins dc%iennent une crc:mce du gouvemcment local cl added to the joint local govcrnnu:nl and provincial Real hopurtg peuvenl Nle ajould% it 1';tvis Canunun d"MdUalion cl d'imp6t Assessment and l;lx Nolice. loncier des goueernancnts local el provincial. 18 1 etc:f�;try c:srttt•7 (Ilttl tat ,:.A-t ment i3 a true copy of the :;s:Qit►.hl. INSPECTION REPORT Schedule '•A" 254 Ludlow Sired Saint .lohn, New Brunswick I'll) # 00366799 Inspection Date: Rine 6, 2023 Inspection Conducted by: Mark (YLcary 'D•_lcd ca1'&im J'n:n': �.,..,.-,%.)—cfay oi'�. StandRds O! h= The inspection 01' the ahuvC- nicnliOned l>rol,Crly on .ILIAC 6, -2023. Ills revealed that the said property is nut in Compliance with the Yefillf .h,hu I/u.vi.gN/ Y Prrnfisrs cnnl Dmigernns Buildings rnfcf 5/1-1r11'res hi=-hnr, By-law Number M-30, and :unentltnent.s therclo (the "fay -law"). SLIb1eCti011 6(I) of-(11C lay -law state,: No person shall permit premise, owned ur ,iccupicd by him or her ui he u11%ightly by pernlil(ing to I•cmain on any part ul (lie premises. (a) any ashes, rubbish, ul' rCfu,c. (h) an ❑CCtIIll llilt ion of wuud shavings, paper, sawdust or ()tiler I-C,iduc of production or construction, (c) a dereliCl vchiClc, etluipnlCnt ()r IMchinel-V ur the holy Or any parl of it vehicle, ecµlipnlcnl- or nrtCtlinerv, ur (d) :I dilapidated building. At the property, the following ilems nute(1: (:I) any it'dWS, rubbish, or IVusC, (h) an accunudation of wood SlWVi112S, paper. ,uwdusl or 0111Cr re,iduc of proeluclion or construction, (c) a derelict vehicle, Ccluipnlerll or machinery or Ihc hudy or any part of ❑ vehicle, eyuipnlcnl, or ntaChincry. General Comments about the property There are several items on the property whiCh :u'C COnsideWd unsightly. "There are scvcraE dor.cn "well plastic g:uhage ba",s filled with advertising Ilyer,, plastic hill,, snowblower, anal E:IWnitl0WeI'S in various stages of asseluhly will) parts front sank, harbeclucs, plastic bucket,, cardboard pieces and hoses, frying p:uls, rain `,uller, pressure cookers, scrap nlelal, scrap wood, broken wooden cabinets, pallets, old tires, a Inr,c amount uf• Ll,ed ClCelroniCs including hill not limited to speakCls anti radios and cassette player, and 1ClCvisi0ns, lawn I'urniture, ski hoots, ;t rusted Out Dodre Caravan NCvv 13runewick license Nl3V2bli expiral in November 2022 with no inspection sticker and loaded inside will) rudhoard hllxC, and elcol-onics, plastic milk Containers, aluminum and wood ladders, nested propane lank,, scrap ,sled, ol1ice I•LlI'll ittlre, lahlC saws, pfastic fuel cans, copper wire, colllp-esSUl:ti plastic ;trhagc hag, of rCCyCklhlcs, plClLll'e frame, aulortttllive bunlpcl' covers and rnher :tLllomO(iVc )xarts. power saws, metal toolbox, tools, copper pipe, vacuum Cleaner, pieces of Slyrofoalu, shovels, glass but11C,, an alunlinttln slot•nl door and oulhu:u-cl motor parts. The property i, in ;Ill unsitih(ly condition :liul needs to he brought into Compliance. Requited remedies: All i(cnls listed must he rCnxroed and pruperly disposCd of al an apl)ropriaLC landfill site. Alternativety, should these items remain on II1C plcnlisc liar stora e, they nlusl be stored in a g;uage or shed, sufficient in size to hold the items and provide full enclostll-C. I'hC unsightly conditions at IhC premise mist he rcnlC(lied ❑nd Ill,; ploperly brought into compliance will) the 13y-saw. PI•cparcd by: Mark O'Leary _ Dille +_ 19 By-law Enforcement ()I'I'iccr Growth and Contnnuiity SCI-ViCCs R4vif wCd by and Concurred in hv: 1r i r. Pamela Bentley, P.13n,,, Dale� Comnttntity Standards ComhlianCC IVlanagcr Growth and Coim1umity Sel-ViCCG 20 LA iA4 �j r'lsr7l I N N COMMON COUNCIL REPORT M&C No. 2023-203 Report Date August 17, 2023 Meeting Date August 21, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Proposed Public Hearing Date: 1660 Manawagonish Road and 1260 Fairville Boulevard AUTHORIZATION Primary Author Commissioner / Dept Chief Administrative Officer Head Jennifer Kirchner Amy Poffenroth / David J. Brent McGovern Dobbelsteyn RECOMMENDATION RESOLVED That Common Council schedule the public hearing for the Zoning By- law Section 59 amendment applications submitted by Les Consultants de la Technopole Inc. for 1660 Manawagonish Road (PIDs: 00402727 and 55076335), and an application submitted by Joel Armstrong for 1260 Fairville Boulevard (PIDs: 00402941, 00397299, 00402933, 00402925, and 55176879) for Monday, October 2, 2023 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 Rezoning applications received and to recommend an appropriate public hearing date for these applications. The next available public hearing date is Monday, October 2, 2023. 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. i►R -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. Name of Location Existing Reason for Section 59 Applicant Zone Amendment Les 1660 Neighbourhood To facilitate the development of a Consultants Manawagonish Community Recreation Facility for ball de la Road (PID: Facility (CFN) hockey. Technopole 00402727 and Inc. 55076335) Joel 1260 Fairville Corridor To facilitate the development of a Armstrong Boulevard Commercial Self -Storage Facility. (PIDs: (CC) 00402941, 00397299, 00402933, 00402925, and 55176879) While the holding of public hearings for proposed Zoning By-law amendments and rezonings 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: • Facilitate a mix of affordable housing in all our neighbourhoods; • Grow our population at a rate of 2% annually by the end of Council's term; • Achieve 3% annual property tax base growth and ongoing work to increase the target. 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 41.1 COUNCIL REPORT M&C No. 2023-201 Report Date August 14, 2023 Meeting Date August 21, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Assent to Money -in -lieu of Land for Public Purposes, 60 Westmount Drive OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head City Manager Yeva Mattson Amy Poffenroth / David Dobbelsteyn Brent McGovern RECOMMENDATION That Common Council assent to money -in -lieu of Land for Public Purposes for the proposed Subdivision at 60 Westmount Drive. EXECUTIVE SUMMARY The proponent has applied to subdivide a lot located at 60 Westmount Drive to create two new lots for residential development. Assent to the Money -in -lieu of Land for Public Purposes by Common Council is recommended by Staff. DECISION HISTORY There is no decision history on this site. REPORT The site is located on the City's North side, just north of Kennebecasis Drive. The subdivision will create an additional two lots with Two -Unit Residential (R2) Zoning. The two new lots and the remaining developed lot will meet the Zoning By-law Standards for lots zoned R2. The City of Saint John typically takes money -in -lieu of Land for Public Purposes, as opposed to land dedication for the creation of new lots, unless the land acquisition would support specific projects outlined in PlaySJ and the development of identified active transportation corridors. In this case, Staff recommend the acceptance of money -in -lieu of Land for Public Purposes. STRATEGIC ALIGNMENT The proposed development aligns with Common Council's priority of Grow and Belong. WA -2- SERVICEAND FINANCIAL OUTCOMES Money -in -Lieu requirements are calculated based on the assessed value of the land prior to its development. The funds collected are placed in a trust account in accordance with the Community Planning Act. These funds are dispersed through a grant program that supports the enhancement of existing parks and recreation services. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS The current subdivision proposal has been reviewed by the City's Infrastructure Development and Building Inspection Service Areas. No concerns were raised related to the proposed subdivision. The City's Parks and Public Spaces Service Areas concur with the acceptance of money -in -lieu. ATTACHMENTS Tentative Plan of Subdivision 4.11 COUNCIL REPORT M&C No. 2023-198 Report Date August 10, 2023 Meeting Date August 21, 2023 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 — Lexie Burton AUTHORIZATION Primary Author(s) Commissioner/Dept. Head Chief Administrative Officer Jill Good Michael Hugenholtz/Marc Dionne J. Brent McGovern RECOMMENDATION It is recommended that Common Council adopt the attached resolution appointing Lexie Burton 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 Lexie Burton, Badge No. 9996 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, Ms. Burton 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 Lexie Burton, a newly hired parking enforcement officer, as a by -Law enforcement officer, by adopting the attached resolution so that she may carry out her duties pertaining to enforcement of the Saint John Parking By-law and Saint John Traffic By-law. 10191 -2- PREVIOUS RESOLUTION 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 Lexie Burton as by-law enforcement officer. 31 COMMON COUNCIL / CONSEIL COMMUNAL August 21, 2023 / le 21 Aout 2023 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 Lexie Burton 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 they cease 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; WA COMMON COUNCIL REPORT M&C No. 2023-196 Report Date August 17, 2023 Meeting Date August 21, 2023 Service Area Growth and Community Services Her Worship Mayor Donna Noade Reardon and Members of Common Council SUBJECT. Amendment to Urban Development Incentive Grant Agreement — 35 Cliff Street (Steepleview Development Inc) OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council. AUTHORIZATION Primary Author Commissioner/Dept. Head Chief Administrative Officer Andrew Reid Amy Poffenroth / David J. Brent McGovern Dobbelsteyn RECOMMENDATION That Common Council authorize execution of the attached further amending agreement for the existing urban development incentive grant agreement between Steepleview Developments Inc and the City of Saint John. EXECUTIVE SUMMARY Since being awarded an urban development incentive grant, the Steepleview development project has experienced delays in commencing construction. When the project ran into construction cost increases, Common Council agreed to extend the stipulated start date by one year. Construction has been further delayed but is now expected to begin this fall. Staff recommend a further amendment to the grant agreement providing the proponent until March 31, 2024 to commence construction. No other changes to the grant agreement are proposed. PREVIOUS RESOLUTION On March 6, 2023 Common Council amended the Steepleview Development Inc and City of Saint John grant agreement to extended a required start date from May 15, 2022 to August 31, 2023. On April 23, 2019 Common Council amended the Urban Development Incentives Policy. The existing grant agreement between the City of Saint John and 10191 -2- Steepleview Developments Inc. falls within this 2019 policy which is attached to the executed grant agreement. On March 21, 2016, Common Council adopted the Urban Development Incentives Policy and Urban Beautification Grant Policy. REPORT In November 2021, Steepleview Developments Inc., a non-profit organization, applied for an Urban Development Incentive grant to assist with the development of a 56-unit multi -residential building located at 35 Cliff Street. The application was approved as per policy and a grant agreement executed between the proponent and City in January 2022. Per the conditional letter of approval, the project is eligible to receive a grant of up to $591,600 upon completion over a 5-year period, subject to new tax revenue received as a result of the redevelopment, a $50,000 grant due to construction challenges, and $10,000 grant to offset the cost of the building permit due to the inclusion of affordable housing as part of the project. After experiencing a delay in construction during 2022 due to construction cost increases and further delays in financing the project, the proponent is now expected to begin construction in fall 2023. While excavation and site work were undertaken in 2022, the proponent failed to meet the technical policy definition of project start date for infill development projects, which is defined as the following: "For Infill Development Projects, project start date means the date at which the pouring of the footings or foundation has begun." Staff recommend the attached further amendment to the grant agreement, changing the start date from August 31, 2023 to March 31, 2024. The proponent is supportive of the new start date. The project will provide much needed new purpose-built rentals in the city on a vacant lot in Waterloo Village, which is an area incentivized for urban redevelopment. The project is a mixed income development, consisting of 28 affordable units and 28 market rent units and will also deliver much needed 120 new daycare spaces. STRATEGIC ALIGNMENT Common Council has established five priorities for their 2021-2026 term. Urban Development Incentives align with the following Council Priorities, in addition to the goals of the Central Peninsula Secondary Plan. Grow: Population Growth -3- Grow our population at a rate of 2% annually by the end of Council's term. • Economic Growth Achieve 3% annual property tax base growth and ongoing work to increase the target. Belong: • Livable Neighbourhoods Facilitate a mix of affordable housing in all of our neighbourhoods. SERVICEAND FINANCIAL OUTCOMES Urban Development Incentives are budgeted for through the "Building Incentive Reserve," which is a $350,000 annual contribution under Growth and Community Services General Fund Operating Budget. INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS Finance and Legal were consulted in the preparation of this report and amended grant agreement. ATTACHMENTS 1. Attachment 1— Further Amending Agreement — Steepleview Developments Inc and the City of Saint John 2. Attachment 2 - January 261h, 2022 Grant Agreement — Steepleview Developments Inc and the City of Saint John 3. Schedule A— Letter of Conditional Approval W GRANT AGREEMENT THIS AGREEMENT made in duplicate thisaO dd y of January 2022. BY AND BETWEEN: STEEPLEVIEW DEVELOPMENTS INC. of the City of Saint John and Province of New Brunswick, a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART And THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the City supports the revitalization of the Central Peninsula Neighbourhood and acknowledges a need for additional financial support for residential development in this area; and WHEREAS at its meeting held the 21st of March, 2016, the City adopted an Urban Development Incentive Policy ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings; and WHEREAS the Developer has applied for the following grants: Infill Development (Residential Density Grant, Construction Challenges Grant, and Building Permit Grant) for a development on a property bearing PID 55221071 and portions of 55226724 and 00014621 (the "Property") and the proposed development meets the eligibility requirement for the said program; and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: 1. The development for which the Grants contemplated in this Agreement shall be paid is outlined in the prescribed application form, site plan and drawings attached hereto as Schedule "A" (hereinafter the "Project'). 2. The Urban Development Incentive Program is established by the Policy which is attached hereto as Schedule "B" and forms part of this agreement. 36 3. Construction of the Project shall begin within two (2) months of the date of the execution of the Agreement or on or before May 15th of the year this Agreement is executed, whichever is the later date. 4. Projects that are phased in nature, i.e. will require more than one building permit, must be completed and in receipt of an occupancy permit according to the following schedule: PtOjM Type Required Completion Da�e Projects with estimated Construction Costs below[napplicatiOn. pleted by November 1three years following the submission of 52,000,000. Projects with estimated Construction Costs greaterpleted by November i five years following the submission of an than $2,000,000. cation. 5. The Residential Density Grant shall be estimated according to (Table A, section 2.1) and will not pay out more than the amount outlined in (Table B, section 2.1) as described below. The first payment shall be made any time after the list of July the following year. Table B — Amount Contributed to the Development Incentive Fund Grant Year Percentage of Grant (Percentage of Grant x Incremental City Taxes calculated annual) 1 90% 2 80% 3 60% 4 40% 5 20% 6. The City's obligation to pay the Residential Density Grant is conditional upon: a. the City completing a final inspection which confirms that the relevant incentive program eligibility criteria have been met; b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law, and, c. availability of sufficient resources in the Development Incentives Reserve Fund, as provided in the City's annual operating budget and/or replenished per the mechanism set out in the Policy. 7. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in 37 any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. Residential Construction Challenges Grant 8. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer a Residential Construction Challenges Grant in the amount of $50,000 following the receipt by the Developer of an occupancy permit or certificate of successful completion under the City's Building By -Law. 9. The City's obligation to pay the Residential Construction Challenges Grant is conditional upon: a. the City completing an inspection which confirms that the relevant incentive program eligibility criteria have been met; and b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law. 10_ The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 11. Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed. Building Permit Grant 12. The City shall, pursuant to the terms and conditions identified herein, pay to the Developer for its Non -Market Housing Project a Building Permit Grant in the amount of $10,000 following receipt by the Developer of an occupancy permit or certificate of successful completion pursuant to the City's Building By -Law. 13. The City's obligation to pay the Building Permit Grant is conditional upon: a. the City completing a final inspection confirming that the relevant program eligibility criteria have been met; and b. the Developer being in receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law. 14. The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the 38 Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. 15. Prior to the payment of any grants contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been paid in full. Termination 16. The City may terminate this Agreement without notice upon the occurrence of one of the following events: a. the Construction of the Project does not begin on the date set out at section 3; b. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; and, c. Common Council, by resolution, rescinds the Policy. 17.This Agreement may not be assigned without the written consent of the City. 18.This Agreement shall be governed by the laws of the Province of New Brunswick. 19. No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 20. Each party shall be responsible for paying its own costs and expenses incurred in connection with the execution and delivery of this Agreement. 21.This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. 39 29 IN WITNESS WHEREOF the parties hereto have caused these presence to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: Per: Name: Title: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: 40 SCHEDULE A (Application Forth) 41 Please note the following before completing this form: Complete all re;evant fields unless marked If App!Icable" or your application will not be considered. The following attacl=ents are required to deem the application complete: o Floor Plans and/or Elevation Drawings o Autfiorization from Property Owner o Construction Challenge Cost estimates Rapplicable) b Building P&rhitApplicatlon o Project5chedule - lega[names of property owners are required, - All costs associated with the preparation and submission of en OppBcation is the responsibility of the applicants. - Construction Cost Challenges Grants and Building Permit Grants are received, reviewed, and approved on a first -come, first -serve basis uhtil annual budgets are exhausted. The City may request an Independent audit of the Construction Challenges Costs at the expense of the applicant. The City's acceptance of an ap(litation does not guarantee eligibility. Once determined eligible, projects are required to enter into a grant agreement with the City. For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eNgibinty. Application Steps r ' � 3u]mssrnN 6 Q City Flan Building IDth F13or -15 Market squore SOW John, N5 £1i.1 E8 ") W-2012 42 (cussi disponible en froriCois) !. Grants Q Residential Density Grant �( Construction Challenges Grant ® Building Permit Grant 2. project Type and Construction Challenges (if applicable) Choose one project type and cheek any challenges that apply, Estimates are required in the form of a cost to ronstruct budget approved by a professional architect, engineer, or accountant with attached invoices, T Vacant Buliding Redevetoomen¢ f 3. Applicant/Propety Owner Information rorerty owner Name of Registered Roperty Owner Roman Catholic 31shop of Saint John in the process of being transferred to Steepleview Developments Inc. C/O Steep)eview Developments Inc. Mailing Address (with Postal Code) 16 Roatan Way, Saint John, NB E2J OBb At',: Kevin McDonald Home Telephone Number Work Telephone Number 50& 639-1206 Fax Number E-mail kevinmcd99@grrail.com Applicant (if Applicable) ' Eligible methods may include the following: The construction or upgrading of a service room; the constructiun of a fire separation greater than 1 hour; the construction of a fire wall: and non-combustible constriction. 43 Name of Applicant J. Kevin McDonald (Chair) on behalf of Steepleview Developments Inc. Mailing Address (with Postal Cqde) CIO 16 Roalen Way, Saint John, NO E2J 088 Home Telephone Number Work Telephone Number 506-672-9152 50&639-1206 Fax Number E-mail kevinmed990 Inall.com 4. Property -information Location 31 Cliff Street, Saint John, NO -;PID 55221071 and poitions of 55226724 and 00014621. Civic N Street PID Existing Use Vacant Land Proposed Use Nixed income housing / Daycare! Knights of Columbus community room 5. Property Tax Current annual property tax Tax exempt Estimated property takes paid follOwing project completion. $90-100,000 Is this property in tax arrears, Ifso how much? (if applicable) _ 6. Estimated Cost of Construction 1) 5000 cu. m, of rock at $60 per cu. m: $250,000 2) Sewer separation - $70.000 Total for both rock excavd9on and sewer work= $320,000 Estimated Cost of Construction Challenges Note: Structures are induded insewer separation estimale. Estimated Cost of consttuction $12,000,000 7. Project Description Describe what you proposeto construct and det5ifthe history of the property, Including If there have been any demol tions. (Attach additional pages If necessary). 44 A multi story mixed income apartmerd building with a daycare and Knk&& of Columbus community room are __ -.- _d An indoor perking starasfe and surface oarkinir wiA ebo be developed. Bedrock p ,moval and separating a cambineci sewer are part of the proJect scope. The frrtget3 is ar perfy that previously was the location of a comrent and the CYO which we e demolished. we anticipate there may be remnants of the fotmdations shU existing on site which may �narease a pme ,cos o rerrsove , Are you applying for financial assistance under the Affordable Rental Housing Program of the Prov,nce of New Brunswick? Yes N NODJ If yes, how many units are eligible? 28 Now many units are not eligible? 28 Is your property located within a Heritage Conservation District? Yes ❑ No [X]. 8. Project Schedule: Date of 8uiidin; Pa,mit Scbmissloft- Estimated Project Star Date: November 202i cstirna:®o Proiect Completion Date: Earliest November 2022. If delays Maryk 2023. S. Authorization '9011, if the applicant Is NOT the owner, the Owner's signature or authorization (in writing) to submit this aPPreation is required '-ignanfr+of {, , — Signature of ihmZ' lrr�lff�.C&"�' LT - Date _Ji Cam_ Date For Office Use Only iteviawedey: Dale: V_ Project Number: Eligibility Confirmed: Yes ❑ No ❑ I wa;t List Number 45 10. Applicant's Checklist Complete Application Form - Submit attachments (Floor Plans, Elevations) Authorization from Property Owner Provide estimate of Construction Challenges Cost (if applicabie) signed off by Engineer, Accountant or architect Submit Copy of Building Permit Project Schedule---""-" Receive Letter confirming Eligibility and Payment Estimates SignErant Agreemetit Project CoMpleted - Submit Occupancy Permit Submit Construction Challenges Receipts (if ap"licable) -- — 46 47 ENGINEERING byHoughton BESIBREB By EXPERIENCE December 14t0 2021 One Stop Development Shop Attn: Andy Reid, Planner Via Email: andy.reidgsaintjohn.ca RE, Steepleview Development - Urban Development Incentive Grant Application Mr. Reid; The purpose of this letter is to provide a,preliminaty estimate of the Costs of Construction Challenges in support of the Urban°Development Incentive Grant Application -on behalf of Steepleview Developments Inc. for the proposed developmenvat 31�CIiff Street. Our preliminary estimates for construction costs that are eligible for -the grant include: • Rock Excavation; o Approximately 5000 cubic meters for site grading and foundation excavation at $50 per cubic meter • Approximate'totai cost: 5250,000.00 • Sewer servicing where only combined sewer exists o including supply and installation of manhole structures and sewer piping ■ Approximate.total cost: $70,000.00 1 trust that this letter meets the needs,af the grant application at this time. if you have any questions please contact the undersigned. Best Regards, Jaco Ipatrick Civil Engineering Lead Engineering`By Houghton 506-607-0709 Jacob®ebyh.ca 1942 Manawagonish Road, Saint John N8, E2M SHS www.engineeringbyhoughton.ca 48 ERLOO STREET it t frl + 11 Its fill of A 1 i pp r U -49 Submission 2 - Floor Plans LEVEL 1 PRELIMINARY STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 31, 2021 50 MAIN FLOOR (2nd) PRELIMINARY STEEPLEVIEW APARTMENTS 1"=16' CLIFF ST ROBERT L. BOYCE, ARCHfTECT MAR 23, 2021 51 3rd, 4th, 5th FLOORS PRELIMINARY FOURTEEN UNITS/FLOOR STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 52 UNIT 7 LAYOUT ONE UNIT/FLOOR UNIT 9 LAYOUT PRELIMINARY THREE UNITS/FLOOR STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 53 ONE UNIT/FLOOR ONE UNIT/FLOOR PRELIMINARY STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 54 BEDROOM 2 BEDROOM e = DEN BATH UNIT LAYOUT PRELIMINARY [S;TLL'EEFFPLEVIEW APARTMENTS f�0���2TI BOYCE, ARCHITECT MAR 23, 2021 55 UNIT 11 LAYOUT PRELIMINARY ONE/FLOOR STEEPLEVIEW APARTMENTS CLIFF ST ROBERT L. BOYCE, ARCHITECT MAR 23, 2021 56 �C/) Dm mm ;or- rr Om Om Co* D Om ZZ f cn cn cr 3 N� O� W m rn G O ca O CL X CD Q CD M. Cn N 57 Al -- T ray , ppy� MIT' 15_+Jil� .• l.it!l ij illl�b T - . � - ail. � "''-':s - "�°::s' , � e .,'k. Y y-•� SCHEDULE B (Urban Development Incentive Policy) 61 8AINTJOHN Subject: Urban Development Incentive Grant Policy Category: Policy Poll No.:16-77.1 M&C Report No.: Effective Date: Next Review Date: January 2020 Area(s) this policy applies to: Financial incentives Office Responsible for review of this Policy: Growth and supporting development in the Central Peninsula Community Development Related Instruments: Polity Sponsor: Commissioner of Growth and Urban Beautification Grant Policy Community.Development Services Document Pages: This document consists of 29 pages. Revision History: Common Clerk's Annotation for Official Record i certify that the —insert Title -Policy Statement was adopted by resolution of Common Council on Month -Day -Year I certify that the —insert Title -Policy was approved by the City Manager on Month -day -Year Common Clerk Date Contact: Andrew4teid Telephone: 506-GS9-4"7 Email: and .reid@saint'ohn.ca 62 2 CONTENTS PolicyStatement............................................................................................. 3 ...................................................... 1. Description of Program.................................................................. 3 .................................................................. 1.1 Development Incentive Reserve Fund ................................ 3 ............................................................................ 2. The Residential Density Grant .................................................. 5 ............................................................... 2.1 Eligibility Amounts......................................................................... 5 .................................................................. 2.2 Residential Density Grant Criteria .................................. 6 ............................................................... General Requirements................................................................ 6 ....................................................................... Specific Requirements......................................................................... 3. Construction Challenges Grant .................................... 8 .......................................................................................... 3.1 Eligibility Amounts................................................................................................. 8 ........................................ 3.2 Construction Challenges Grant Criteria....................................................... g ............................................... General Requirements......................................................................... 8 ..................................................... SpecificRequirements.............................................................................. .............8 ........................ 4. The Building Permit Grant............................................................................... 4.1 Eligibility Amounts..................................................................................... 4.2 Grant Criteria.......................................................................................... .... ........... ......9 .... ....... ............................. 5. Application Review, Approval and Disbursement of Grants ............................. ........10 .............................................. ApplicationRequirements..................................................................................................................................10 Review and Payment of Grants..................................................................... ....10 Administration and Evaluation of Applications..................................................................................................11 GrantAgreement............................................................................................................................11 Other...................................................................................................................................................................11 6. Program Monitoring and Review............................................................................................................... .......12 7. Definitions...................................................................................... ............. .........13 ............ Schedule 1— Eligibility Boundary- Central Peninsula / Infill and Vacant Building Projects .........................................16 Schedule 2 — Eligibility Boundary: Upper Floors Redevelopment ....................................... .......17 ................................. Schedule3 —Application Form............................................................................................................................ 18 Schedule 4 — Grant Agreement Template................................................................................................ ...23 ................ 63 POLICY STATEMENT The City of Saint lohn (the "City"] supports the revitalization of the Central Peninsula to achieve the growth targets defined in PianSJ. The purpose of the Urban Development Incentive Policy (the "Policy"( is to establish a financial incentive program to encourage developers and property owners to Invest In strategic areas within the Central Peninsula (Uptown, South End, and waterloo Village), as defined by Schedule 1 in this Policy and the goals and objectives of any future Neighbourhood Plan, by creating residential units through either new construction or the redevelopment of existing buildings. 1. DESCRIPTION OF PROGRAM The purpose of the Urban Development Incentives Program Is to provide financial incentives to assist with development of three types of projects that may not have otherwise occurred: (1) infill, (2) vacant buildings, and (3) upper floors. The foundation of the program and requisite for eligibility is the Residential Density Grant, which seeks to catalyze new residential growth by making use of underutilized property. Stacked on top of this grant, there are two additional grants available to assist with the cost of developing on the Central Peninsula: the Construction Challenges Grant and Building Permit Grant. The Residential Density Grant is to be funded through the Development Incentive Reserve Fund. The Construction Challenges Grant and Building Permit Grant will be funded through an annually approved budget to be accessed by eligible projects on a first -come, first -serve basis until funds are exhausted. The goals of the grants are as follows: • The Residential Density Grant is to increase residential units on the Central Peninsula through strategic types of development. • The Construction Challenges Grant Is intended as a supplementary grant for projects to address costs due to the unique challenges of developing on'the Central Peninsula. • The Building Permit Grant offers a grant to offset the cost of obtaining a Building Permit for Non -market housing projects undertaken on the Central Peninsula. 1.1 DEVELOPMENT INCENTIVE RESERVE FUND (1) A Development Incentive Reserve Fund shall be established to finance the Urban Development Incentives Program and will operate under the following provisions: a) The calculation provided in section 2.1 "Amount Con"uted to the Development Incentive Reserve Fund" from each development project receiving funding through this program will be directed to the Development Incentive Reserve Fund each year to pay for the Residential Density Grant; b) Where a surplus is generated by the Residential Density Grant, the surplus shall be returned to the City's general operating budget. A surplus will be calculated as the amount remaining in the Development Incentive Reserve Fund for a project that will not be required to be paid out; 64 c) Where an approved project will not be completed within the calendar year of application, money owing from the City's general operating budget for the Construction Challenges Grant and Building Permit Grant shall be carried forward into the next year. If a grant agreement is terminated, the grant funding previously committed shall be returned to the City's general operating budget. d) Where the estimated costs for the Construction Challenges Grant are less than specified by an approved grant agreement, any residual grant funding not issued for the project will be returned to the City's general operating budget. e) For any eligible infill project, where more than 50% of the ground Floor Area of an existing building on a property was demolished by the same property owner within two years of an application, the tax revenue of the building prior to demolition shall be deducted from the amount paid to the Development Incentive Fund. f) Payment of grant applications received from January 1, 2016 and September 1, 2018 will be paid out according to executed grant agreements made under the former Urban Development Incentive Polity, approved by Common Council on March 21" 2016, 65 2. THE RESIDENTIAL DENSITY GRANT The Residential Density Grant is the foundation of the incentive program and requisite to obtaining access to the additional grants within this policy. The grant is intended to strategically reduce financial barriers and leverage new private sector investment by offsetting the cost of improvements to properties. Success of the grant program will be evaluated based on the ability to encourage increased residential density, reinvestment in heritage assets and underutilized building stock, core area beautification; and, positive return on municipal investment. 2.2 ELIGIBILITY AMOUNTS Calculation of the Residential Density Grant is based on the formula described below in Table A. The grant is based on the value of the building permit at the time of application. The formula provides an estimate of what the grant is calculated to be but may vary depending on the Amount Contributed to the Development Incentive Fund, as described in the Table B below. (1) Payments will be made over a five15) year term based on the following formula: Grant Base Amount formula= Building permit value x (% of commercial portion of building x 0.025 t % of residential portion of building x 0.015) The Grant Base amount calculated is applied to the table below to determine estimated schedule of payments over the 5 year period. Table —A- Estimated Residential Density Grant ent Schedule Grant Year Percentage of Grant Estimated Payout 1 90% Percentage of Grant x Grant Base Amount (calculated annually) 2 80% 3 60% 4 40% 5 20% (2) The amount paid out cannot be more than the amount contributed to the Development Incentive Fund as calculated below: Table B • Amount contributed to the Developient Incentive Reserve Fund Grant Year Percentage of Grant Actual payout 1 ',:Ift Percentage of Grant x 2 80% Incremental City Taxes 3 60% (calculated annually). 4 40% 5 20% 2.2 RESIDENTIAL DENSITY GRANT CRITERIA GENERAL REQUIREMENTS (1) To be eligible for the Residential Density Grant, projects must meet all criteria (1-5) of one of the three project types (infill, upper floors, vacant building) outlined below within the Specific Requirements section below. (2) Projects are subject to the Urban Design Guidelines set out in any future Central Peninsula Neighbourhood Plan. (3) Should a project be submitted respecting a property that is in arrears respecting real property tax payments, such property shall be ineligible for consideration for a Residential Density Grant until such arrears are paid in full. SPECIFIC REQUIREMENTS The Specific Requirements Table provides the specific criteria required based on the type of project undertaken. Objectives of each type of project are as follows: Infill Development: Intended to encourage new construction on vacant lots in the Central Peninsula. These types of projects provide strategically designed grants that help to offset costs and improve the financial return on developing in the Central Peninsula. The City hopes to encourage new development that increases residential density, promotes quality development and adds to the vibrancy of urban neighbourhoods. Upper Floors Redevelopment: Intended to support reinvestment in the commercial core of the Central Peninsula through residential intensification of vacant or undeveloped upper floor spaces. These types of projects provide strategically designed grants to developers that target the financial challenges of converting the upper floor spaces of the historic mixed use building stock of the Central Peninsula. The City hopes to reinvest in the preservation of its historic building stock and to enhance the vibrancy of the Uptown area as it is defined by Schedule 2 of this Policy. Vacant Building Redevelopment: Intended to encourage reinvestment in projects that address instances of urban blight and encourage increased residential density. These types of projects provide strategically designed grants that target buildings that have experienced high levels of vacancy resulting in a cycle of financial loss and the deterioration of the building. The City hopes the redevelopment of these buildings will provide quality housing. 67 criteria / infill Development Upper"Floors Redevelopment vacant Building t6ject Type Redevelopment 1. Eligibility a. Located within the a. Located within the area as a. Located within the area as Boundaries area as shown on shown on Schedule 2. shown on Schedule 1. Schedule 1. 2. Vacant Land b. The project must be a. The project must meet one a. The building has been vacant and Vacant located on a lot that of the following criteria: for more than one (1) calendar Buildings has been vacant for a year. minimum of one (1) 1. The upper floor is currently calendar year.= used for warehousing or storage, or, H. The upper floor is currently - vacant and comprised of Uninhabitable Floor Space. 3. New c. The project must a. The project must create a a. The project must create a Residential create a minimum of 2 minimum of 1 new residential minimum of 1 new residential Units new residential units2. unit. unit. 4. Additional d. Infill Development a. A minimum of 20% of the a. The project must meet one of Requirements projects must be project redeveloped floor the following criteria: located on their own space must be residential, PID(s), except where 1. The building has a residential the development is an property assessment of less addition to an existing than $35,000 per unit, or building. $70,000 for a single unit dwelling. ii. The building's prior use or design was for an Institutional Land Use. Ill. The building has a minimum 20% Uninhabitable floor space. S. Construction NA a. The project has a minimum a. The project has a minimum construction cost of $50,000 construction cost of $50,000 'Subject to the exception that if the building was demolished and redeveloped with multiple PIDs of which a minimum 50%of the PIDs being developed have been vacant for a minimum of 1 calendar year and the PIDs being developed have a minimum lot frontage of 5.5 metres and a minimum lot area of 165 square metres. 2 Subject to the exception that if the building has a height greater than 4 storeys, the building floor area must be comprised of a minimum of 40% residential floor space. I CONSTRUCTION CHALLENGES GRANT The Construction Challenges Grant is intended as an add -on to the Residential Density Grant for projects which incur costs due to key challenges which are above and beyond standard residential construction projects. Applicants may be eligible to receive partial reimbursement of construction cost challenges upon the completion of the project. These challenges must be estimated in advance and evidenced by receipts. Consistent with the project type applied for under the Residential Density Grant, applicants may be eligible for challenges related to infill, upper floors, or vacant building projects. 3.1 ELIGIBILITY AMOUNTS Projects which involve one or more of the construction challenges as outlined in the Specific Requirements Section are eligible for the Residential Construction Challenges Grant. (1) The Residential Construction Challenges Grant will pay 25% of construction challenge costs, to a maximum of $50,000, or 5% of total construction costs, whichever is less. (2) Evidence for construction challenge work shall be provided by the applicant upon the completion of the project and the final grant amount shall be determined at this time. 3.2 CONSTRUCTION CHALLENGES GRANT CRITERIA GENERAL REQUIREMENTS (1) To be eligible for the Construction Challenges Grant, projects must be eligible for a Residential Density Grant (2) The project type selected under the Residential Density Grant shall determine any eligible construction challenges (applicants are limited to no more than one project type). (3) Eligible Challenges are outlined in the Specific Requirements Table section below. SPECIFIC REQUIREMENTS The table below provides guidance on specific challenges eligible as per the type of project. Challenges/ IMill Upper Floors Vacant Building Project Type Development Redevelopment Redevelopment The breaking and removal of rock outcrops as part of site preparation in ✓ excess of $10,000 or 5% of project costs, x x whichever is higher. Remediation of contaminated soils. ✓ x x Extension of sewer services where only ✓ combined sewers exist x x Installation of new or full replacement of sprinkler systems for any floor of the x building. Construction that will bring the building within Secondary Egress standards of the x ✓ Bull ding By-law. Installation of a new elevator x ✓ Construction that will bring building within x ✓ ✓ 99 fire separation standards of the Building B -law.3 Removal of asbestos or lead paint. x Cutting of new windows through brick or Atone. x `� ✓ Structural or foundation repairs In excess of $20,000. x x ✓ Replacement of knob and tube electrical. x x 4. THE BUILDING PERMIT GRANT The Building Permit Grant is intended to provide targeted assistance to Non -Market Housing projects, as defined by this Policy, as a means of incentivizing mixed -income properties on the Central"Peninsula. 4.1 ELIGIBILITY AMOUNTS (1) The Building Permit Grant provides a grant equal to 80% of the cost of the building permit fee for the Project to a maximum of $10,000. 4.2 GRANT CRITERIA (1) The Building Permit Grant is only available for projects eligible for the Residential Density Grant. (2) The Building Permit Grant is only available for Non -Market Housing projects. 3 Eligible methods may include the following: The construction or upgrading'of a service room; the construction of a fire separation greater than 1 hour; the construction of a fire wall, and nbn-Combustible construction. 70 10 5. APPLICATION REVIEW, APPROVAL AND DISBURSEMENT OF GRANTS APPLICATION REQUIREMENTS (1) Applications for the Urban Development Incentive Program shall be made by completing Schedule 3, in compliance with all applicable eligibility criteria. (2) Applications shall be made prior to the project start date. Should a project commence prior to an application being made, the project will be ineligible for a grant under this Policy. (3) Applications shall include a building permit application appended to Schedule 3 — Application Form; however, all other criteria being met, an application may be submitted in advance of a building permit for the purposes of being added to a waiting list for one (1) month, thereby reserving any eligible construction challenges grant and/or building permit grant, after which time the application will be removed from the waiting list. (4) Applications must be submitted the same calendar year as a building permit application and the building permit shall be appended to the application form. (5) Projects shall generally be completed within two years, in accordance with the building permit. Projects submitted in more than one building permit phase may be allotted more time as per the executed Grant Agreement. (6) Legal names of the property owner(s) are required and if an applicant is acting on behalf of the owner, property authorization from the owner of the property, (7) All costs associated with the preparation and submission of an application under this Policy is the responsibility of the applicant The City shall not pay any costs incurred by an applicant in the preparation and submission of an application under this Policy, or any costs incurred in relation to the execution and delivery of a grant agreement. REVIEW AND PAYMENT OF GRANTS (8) Prior to payment of any grants) under this Policy, the City may withhold payment should it be determined that the property taxes and/or water and sewage fees for the property have not been paid in full. (9) Construction Challenges Grants and Building Permit Grants will be received, reviewed, and approved on a first -come, first -serve basis until annual budgets approved by Council for this Policy have been exhausted or the Policy has been discontinued as the case may be. (10) Construction Challenge Cost estimates shall be evidenced by: a) A cost to construct budget approved by a professional architect, engineer, or project accountant; or b) Where an applicant Is completing the approved work themselves and claiming only material costs, 1 set of cost estimates from a building supply store. 71 11 (11) Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed. (12) The City may request an independent audit of the Construction Challenges Costs at the expense of the applicant. ADMINISTRATION AND EVALUATION OF APPLICATIONS (13)Growth and Community Development Services shall administer the Urban Development Incentive Program with the support of the Urban Development Incentive Review Committee. a) The role of the Development Incentive Review Committee (DIRC) is to confirm eligibility of applications in the context of the Policy criteria contained herein and as demonstrated by Schedule 3 and -any supporting attachments such as plans, elevations, and building permits. b) The DIRC will consist of five technical staff members from one or more of the following City departments: Growth and Community Development Services, Finance and Administration, and Communications. A representative from DevelopS) may also be assigned to the Committee. c) Technical staff members of the DIRC will be determined by the Commissioner of Growth and Community Development and members -of the Committee may be removed or assigned by the Commissioner. GRANT AGREEMENT (14)Applicants who meet the eligibility requirements must enter into a Grant Agreement in the form as attached in Schedule 4 to this Polity in order to receive the grants contemplated by this Policy. The Cty's obligation to pay the grants to an applicant is subject to the terms and conditions outlined in the grant agreement. (15) The Mayor and Clerk of the City are hereby authorized to execute grant agreements with applicants In the form as attached in Schedule 4 to this Polity when it is determined by those administering this Policy that an applicant meets ail of the eligibility requirements of a grant program outlined in this Policy. OTHER (16) For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eligibility. (17) The City may terminate this Policy and close the incentive program to all new applications at any point in time and for any reason. (18) Should an -applicant not be capable of meeting any of the criteria outlined in this Policy, a supplementary report, application, and grant agreement may be submitted to Common Council for consideration. 72 12 6. PROGRAM MONITORING AND REVIEW (1) This Policy is intended to be monitored on an annual basis in the form of review, evaluation, and tracking of key performance indicators. a. Review will be conducted by the Development Incentive Review Committee and comprise an overview of grants issued, value of construction, new tax revenue, future grant commitments, status of the Development Incentive Fund, and housing assessment of the Central Peninsula. If deemed necessary changes are required, a report will be made to Growth Committee and/or Common Council. (Year) $S Paid CMtt / ESL Value of Est. New Annual To be Paid Work Tax Revenue out (Completed on ) TgtaI Grs Vacant Sulfding Grants Upper Floor Grants Will Grants b. Evaluation of the program will inform annual budgeting for the program and any changes to the grants and eligibility criteria contemplated by the program. c. Annual key performance indicators shall be submitted to the Cltys dashboard for tracking program performance and consist of Grants Committed, Leveraged Investment, Number of New Residential Units, and Target of Leveraged Investment. 73 13 7. DEFINITIONS The following definitions apply to this Policy: Basic Facilities: Facilities as required under sections 7 and 9 of By-law Number M-14 A By- Law Respecting Standards for Maintenance and Occupancy of Buildings and Premises. Construction Costs: Construction costs are the total cost of the construction of the building, including site preparation, mechanical and electrical components. Construction costs do D—ol include: a) The cost of any engineering or design work; b) The cost of purchase of a building, land or assembly of land; c) The cost of demolition of existing structures; d) Soft costs such as legal services, financing charges, marketing and any other similar activities; e) Fees for municipal applications, approvals & permits, I Provincial or Municipal Taxes paid during planning, construction, sale or operation of the project, including the payment of arrears to render a project eligible for funding under this Policy; and, g) The cost of constructing accessory buildings or structures. Development Incentive Reserve Fund: This reserve fund will be used to set aside the funding requirements forthe Residential Density Grants based on the" Amount Conmbuterl to the Development Incentive Reserve Fundw formula. First Storey: The first building storey above grade Flankage Facade: The face of a building, with multiple sides fronting onto a street, which does not contain the Main Entrance. Floor Area: The total of all floor areas of a. building or structure above and below grade measured between the exterior faces of the exterior walls of the building at each floor level, but does not include any area designed for parking. Front Facade: The face of the building that fronts on a street and contains the Main Entrance Infill i)evelopntent Projects: New building developments located on Vacant Lots. Institutional land Use: Means the following uses listed and defined within By-law Number C.P.111, The Zoning By-law of the City: • CommunityArena; • Community Centre • Community Policing Office; • Correctional Services; • Crisis Care Facility, • Cultural Establishment; • Day Care Centre; • Emergency Services Facility; • Hospital; • Library • Place of Worship; • Recreation Facility; • Rehabilitation Centre; • School(9-12); • Schooi.(K-g); • Supportive Facility; • Supportive Housing; • Technical or Vocational School; and • University or College. 74 to Main Building: The building intended to accommodate the main use or uses permitted on a lot. Main Entrance: The primary entrance used for entering and exiting the building which fronts on the street used for the civic address of the building. Market Housing Projects: Means housing projects undertaken that are not receiving financial assistance under the Affordable Rental Housing Program of the Province of New Brunswick. Market housing projects exclude the following uses: A) Rooming houses; B) Special care facilities; Q Group homes; And D) Projects receiving the Province of New Brunswick's Rental Residential Rehabilitation Assistance Program funding. Non -Market Housing Projects: Means housing projects that are receiving financial assistance under the Affordable Rental Housing Program of the Province of New Brunswick. Non -market housing projects exclude the following uses: A) Housing developments where less than 50% of units are subsidized; B) Special care facilities; Q Group homes; D) Rooming houses; E) Office space for a not -for -profit corporation. Project Floor Area: The total Floor Area being redeveloped as part of a development project Project Start Date, Infill Development Projects: For Infill Development Projects, project start date means the date at which the pouring of the footings or foundation has begun. Project Start Date, Upper Floors and Vacant Building Redevelopment Projects: For upper floors and Vacant Building redevelopment projects, project start date means the date at which all interior demolition associated with the proposed redevelopment has been completed and work for which a building permit was required and obtained has commenced. Projects with a construction cost greater than $1,0W,000 may identify project phases for the purpose of determining the Project Start Date. Where phases are identified the Project Start Date means the date which all interior demolition associated with the proposed redevelopment has been completed and work for which a building permit was required and obtained has commenced the first phase of the project. A phase may not be less than 20% of the Project Floor Area. Project Type: Means one of three project types, as defined by the Residential Density Grant: Infill Development, Upper Floors Redevelopment, and Vacant Building Redevelopment. Applications may be eligible for no more than one project type and the project type selected on Schedule 3 shall determine eligible construction challenges for that project type. 75 iR7 Reconstruct: To build or make something again where the structural integrity, functionality or physical appearance has been compromised beyond the extent of regular maintenance of the building. Substantial and Persistent Vacancy: When a building experiences vacancy rates at a level and duration of time that threatens its long term financial viability and physical maintenance. Townhouse: A building containing two or more dwelling units arranged side by side each with an independent exterior entrance and separated vertically by a common wall extending from the foundation to the roof. Uninhabitable Floor Space: Floor space proposed for residential conversion or upgrading that lacks Basic Facilities or is substantially damaged to the extent that new facilities must be installed .or building components must be replaced or reconstructed to meet the following minimum requirements of By-law Number M•14 A By-law Respecting Standards for Maintenance and Occupancy of Buildings and Premises: Q Section 7, Cooking Facilities; 11) Section 9, Toilet, Wash and Other Sanitary Facilities; iii) Section 11, Fire Protection Measures; iv) Sectlon 12, Egress; and v) Section 16, Doors and Windows. Vacancy Rate: The sum of all months each residential unit of a building is unoccupied calculated as a percentage of the total number of units multiplied by 12. Vacant Building: A building that is not used or occupied by an owner or tenants of that owner. Vacant Lot: land that does not contain a Maln Building. 76 1s SCHEDULE 1- ELIGIBILITY BOUNDARY: CENTRAL PENINSULA / INFILL AND VACANT BUILDING PROJECTS p Dowdovnow P oopm so "wk7n rti• T- :r 77 17 SCHEDULE 2 - ELIGIBILITY BOUNDARY: UPPER FLOORS REDEVELOPMENT Em UPW Floors Redo W..M R .W.. Bo u cky 78 18 SCHEDULE 3 - APPLICATION FORM Please note the following before completing this form: Complete all relevant fields unless marked "If Applicable" or your application will not be considered. The following attachments are required to deem the application complete: o Floor Plans and/or Elevation Drawings o Authorization from Property Owner o Construction Challenge Cost estimates (if applicable) o Building Permit Application o Project Schedule Legal names of property owners are required. All costs associated with the preparation and submission of an application is the responsibility of the applicants. Construction Cost Challenges Grants and Building Permit Grants are received, reviewed, and approved on a first -come, rirst-serve basis until annual budgets are exhausted. The City may request an independent audit of the Construction Challenges Costs at the expense of the applicant. The City's acceptance of an application does not guarantee eligibility. Once determined eligible, projects are required to enter Into a grant agreement with the City. For applications that qualify for the Upper Floor Redevelopment or Vacant Building project type, the City may conduct an inspection of the building to confirm eligibility. Application Steps 1 mdMpiona st IAWkWM m 1 City Hall Building 10th Hoot -15 Market Square Saintlohn, NS E211E8 OneSto saintahn.ca (506) 658-2912 79 19 (oust! disponible en fronFois) 1. Grants ❑ Residential Density Grant ❑ Construction challenges Grant ❑ Building Permit Grant 2. Project Type and'Construction Challenges (if applicable) Choose one project type and check any challenges that apply. Estimates are required in the form of a cost to construct budget approved by a professional architect, engineer, or accountant with attached invoices. 3. Applicant/Property Owner information Property owner Name of Registered Property owner Mailing Address (with Postal Code) Nome Telephone Number Work Telephone Number Fax Number E-mail 4 Eligible methods may include the following: The construction or upgrading of a service room; the construction of a fire separation greater than 1 hour; the construction of a fire wall; and non-combustible construction. 0 21 7. Project Description Describe what you propose to construct and detall the history of the property, including if there have been any demolitions. (Attach additional pages if necessary). Are you applying for financial assistance under the Affordable Rental Housing Program of the,Province of New Brunswick? Yes ❑ No ❑ If yes, how many units are eligible? How many units are not eligible? Is your property located within a Heritage Conservation District? Yes ❑ No ❑. S. Project Schedule: Date of Building Permit Submission: Estimated Project Start Date: Estimated Project Completion Date: 9. Authorization NOTE: If the applicant is NOT the owner, the Owner's signature or authorization (in writing) to submit this application is required. Signature of Applicant Signature of Owner Date Date 'For Office Use Only Reviewed By: Date: Project Number: Eligibility Confirmed: Yes ❑ No ❑ Watt List Number: 81 22 10. Applicant's Checklist Complete Application Form - Submit attachments (Floor Plans, Elevations) - Authorization from Property Owner - Provide estimate of Construction Challenges Cost (if applicable) signed off by Engineer, Accountant or Architect - Submit Copy of Building Permit - Project Schedule Receive Letter confirming Eligibility and Payment Estimates Sign Grant Agreement Project Completed - Submit Occupancy Permit - Submit Construction Challenges Receipts (if applicable) 82 23 SCHEDULE 4— GRANT AGREEMENT TEMPLATE GRANT AGREEMENT [2019]. THIS AGREEMENT made in duplicate this day of ' BY AND BETWEEN: of the and Province of New Brunswick a body corporate duly registered under the laws of the Province of New Brunswick (hereinafter called the "Developer") OF THE FIRST PART And THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislature of the Province of New Brunswick (hereinafter called the "City") OF THE SECOND PART WHEREAS the City supports the revitalization of the Central Peninsula Neighbourhood and acknowledges a need for additional financial support for residential development in this area; and WHEREAS at its meeting held the the City adopted an Urban Development Incentive Policy ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings;,and WHEREAS the Developer has applied for a the following grants: for a 83 24 development on a property bearing PID (the "Property") and the proposed development meets the eligibility requirement for the said program; and WHEREAS the Policy requires that an applicant who meets the eligibility requirement of a given Program under the Policy enter into a Grant Agreement in order to receive the Grants contemplated in a given Program; NOW THEREFORE THIS AGREEMENT WITNESSETH that the parties hereto covenant and agree each with the other as follows: 1. The development for which the Grant[s] contemplated in this Agreement shall be paid is outlined in the prescribed -application form, site plan and drawings attached hereto as Schedule "A" (hereinafter the "Project"). 2. The Urban Development Incentive Program is established by the Policy which is attached hereto as Schedule "B" and forms part of this agreement. 3. Construction of the Project shall begin within two (2) months of the date of the execution of the Agreement or on or before May 16th of the year this Agreement is executed, whichever is the later date. 4. Projects that are phased in nature, i.e. will require more than one building permit, must be completed and in receipt of an occupancy permit according to the following schedule: Projects with estimated Construction Costs below plated by November I three years folkrMngthe submission of $2,000,000. n appllcation. Projects with estimated Construction Costsgreater mpleted by November 1 flve years following the submission of an than $2,000,000. pplltation. S. The Residential Density Grant shall be estimated according to (Table A, section 2.1) and will not pay out more than the amount outlined in (Table B, section 2.1) as described below. The first payment shall be made any time after the 10 of July the following year. Table B — Amount Contributed to the Development Incentive Fund Grant Year Percentage of Grant (Percentage of Grant x Incremental City Taxes calculated annually) 84 25 9 90% 2 80% 3 60% 4 40% 5 20% 6. The City's obligation to pay the Residential Density Grant is conditional upon: a. the City completing a final inspection which confirms that the relevant incentive program eligibility criteria have been met; b. the Developer being in receipt Of an occupancy permit or a certificate of successful completion pursuant to the City's Building Bj4aw; and, c. availability of sufficient resources in the Development Incentives Reserve Fund, as provided in the City's annual operating °budget and/or replenished per the mechanism set out in the Policy. The City and the Developer acknowledge and agree that the City may choose at Its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City. [Residential Construction Challenges Grant] S. [The City shall, pursuant to the terns and conditions identified herein, pay to the Developer a,.Residential Construction Challenges Grant in the amount of [$_ __ _ 1 following the receipt by the Developer of an occupancy permit or certificate of successful completion under the City's Building By-Law.j 85 25 9. [The City's obligation to pay the Residential Construction Challenges Grant is conditional upon: a. the City completing an inspection which confirms that the relevant Incentive program eligibility criteria have been met; and b. the Developer being In receipt of an occupancy permit or a certificate of successful completion pursuant to the City's Building By -Law.] 10. [The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development Incentives Reserve Fund by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to, allocate to the Development Incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that it shall have no legal recourse against the City.] 11.[Following the completion of the Project, the applicant shall submit evidence confirming the Construction Challenges Costs in the form of receipts for materials and work completed.] [Building Permit Grant] 12. [The City shall, pursuant to the terms and conditions identified herein, pay to the Developer for Its Non -Market Housing Project a Building Permit Grant in the amount of $ following receipt by the Developer of an occupancy permit or certificate of successful completion pursuant to the City's Building BY -Law.] 13.[The City's obligation to pay the Building Permit Grant is conditional upon: a. the City completing a final inspection confirming that the relevant program eligibility criteria have been met; and 0 27 b. the Developer being in receipt of an occupancy permit or a certificate Of successful completion pursuant to the City's Building By-law.] 14. [The City and the Developer acknowledge and agree that the City may choose at its sole and absolute discretion to amend or cancel the Policy at any time and that funding provided to the Development incentives Reserve Fund,by the City may change in future years or be cancelled altogether. Accordingly, the City and the Developer also acknowledge and agree that funding for projects outside of the first year could be reduced or not applicable at all depending on the resources that Common Council decides to allocate to the Development incentives Reserve Fund in any particular year. Should this occur, the Developer acknowledges that It shall have no legal recourse against the City.jtax 15. Prior to the payment of any grant[s] contemplated in this Agreement and identified in this Policy, the City has the right to withhold payment should it be determined that the property taxes and/or water and sewerage fees for the Property have not been paid in full. Termination 16.The City may terminate this Agreement without notice upon the occurrence of one of the following events: a. the Construction of the Project does not begin on the date set out at section 3; b. changes are made to the design of the building during construction that do not comply with the eligibility criteria of the relevant incentive program for the grants contemplated in this Agreement; and, c. Common Council, by resolution, rescinds the Policy. 17. This Agreement may not be assigned without the written consent of the City. 18.This Agreement shall be governed by the laws of the Province of New Brunswick. 87 28 19.No amendment of this Agreement is effective unless made in writing and signed by a duly authorized representative of each of the City and the Developer. No waiver of any provision of this Agreement is effective unless made in writing, and any such waiver has effect only in respect of the particular provision or circumstance stated in the waiver. No representation by either of the parties with respect to the performance of any obligation under this Agreement is capable of giving rise to an estoppel unless the representation is made in writing. 20. Each party shall be responsible for paying its own costs and expenses incurred in oonnection with the execution and delivery of this Agreement. 21.This Agreement shall be binding upon and enure to the benefit of the parties hereto, their respective successors and assigns. 0 29 IN WITNESS WHEREOF the parties hereto have caused these presence to be duly executed by the properly authorized officers and their respective corporate seals affixed hereto the day and year first above written. SIGNED, SEALED AND DELIVERED in the presence of: Per: Name: Title: THE CITY OF SAINT JOHN Mayor Common Clerk Common Council Resolution: SCHEDULE C (Affidavit of Corporate Execution) .% COUNTY OF SAINT JOHN PROVINCE OF NEW BRUNSWICK I, Joseph Kevin McDonald of the City of Saint John and Province of New Brunswick, MAKE OATH AND SAY: - I. THAT I am the President of Steepleview Developments Inc., the Developer named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. THAT the seal affixed to the foregoing agreement and purporting to be the corporate seal of Steepleview Developments Inc., is the corporate seal of the said Steepleview Developments Inc., the Developer named in the foregoing instrument and it was affixed by the officer authorized to so affix the seal. 3. THAT the signature "Joseph Kevin McDonald" subscribed to the said instrument is my signature and as President I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of January 2022. SWORN TO before me at the the City of Saint John in the Province of New Bmnswick this day of January 2022, Commissioner of Oaths Being a Solicitor 91 27/04/2022 Re: Development Incentive Grant — Letter of Conditional Approval Joseph Kevin Macdonald 16 Roatan Way Saint John, NB E2J OB8 Via email: kevinmcd99(a,2mail.com Dear Mr. Macdonald Please note that we have received your application and are pleased to advise you that your project is eligible for a Residential Density Grant, Construction Challenges Grant, and Building Permit Grant administered through the Urban Development Incentive Grant Program, for 35 Cliff Street. Estimated Grant Payment Based on your application, estimates for these grants have been provided below. Estimated Residential Density Grant Payment Schedule Grant Year Percentage of Grant Estimated Payout 1 90% $183,600.00 2 80% $163,200.00 3 60% $122,400.00 4 40% $81,600.00 5 20% $40,800.00 Note: Estimated payout for the Residential Density Grant cannot exceed the actual payout, which is calculated annually based on the percentage of grant multiplied by the incremental city taxes received for the property. Incremental city taxes means any additional property tax received one year following completion of the project. Estimated Construction Challenges and Building Permit Grant Grant Year Percentage of Grant Payout Upon Project Completion 100% $60,000 ON Total Estimated Grant Amount: $ 651,600.00 Grant Agreement We have sent you a hardcopy of the executed grant agreement. Please keep this for your records. Your project must be completed as outlined in your application, and meet all conditions outlined in the Grant Agreement and the requirements of the Development Incentive Policy. Project Completion At the completion of your project and issuance of Occupancy Permit, you must provide evidence of all Construction Challenges by filling out the attached Grant Summary Form, providing: An itemized summary of the invoices / receipts with amounts incurred for the work outlined in your application; Legible photocopies of all invoices / receipts included in the itemized summary on the form, with proof of payment, should be attached to the form; Photographs of the completed work. Upon successful review of your Grant Summary Form, the City will release a grant cheque payment within 60 days of your submission for the Construction Challenges and Building Permit Grant grant. Payment of the Residential Density Grant shall begin in July one year following the completion and re -assessment of your proj ect (No receipts are required for any work not related to construction challenges). If you require a hardcopy of this letter and the summary form, please let us know and send your mailing address. We are looking forward to seeing the positive results of your project! If you have any questions or concerns, feel free to contact me at 506-658-4447. Sincerely, Andrew Reid Planer, MCIP RPP Growth and Community Services PO Box 1971 Saint John, NB T Job E21, 4L1 EN 93 THIS FURTHER AMENDING AGREEMENT made this day of , 2023. BY AND BETWEEN: STEEPLEVIEW DEVELOPMENTS INC., a company duly incorporated under the laws of the Province of New Brunswick, having its registered office at 16 Roatan Way, Saint John, New Brunswick, E2J 0138, hereinafter the "Developer" OF THE FIRST PART and THE CITY OF SAINT JOHN, a body corporate by Royal Charter, confirmed and amended by Acts of the Legislative Assembly of the Province of New Brunswick, having its City Hall at 15 Market Square, Saint John, New Brunswick, E2L 1 E8, hereinafter the "City" OF THE SECOND PART WHEREAS at its meeting held the 215t of March 2016, the City adopted an Urban Development Incentive Policy ("Policy") to establish financial incentives to encourage developers and property owners in strategic areas within the City's Central Peninsula to invest in the creation of new residential units through either new construction or the redevelopment of existing buildings; and WHEREAS the Developer has applied for the following grants: Infill Development (Residential Density Grant, Construction Challenges Grant and Building Permit Grant) for a development on a property bearing PID 55221071 and portions of 55226724 and 00014621 (the "Property") and the proposed development meets the eligibility requirement for the said program; and WHEREAS as required by the Policy, the Developer entered into a Grant Agreement (the "Grant Agreement") with the City on January 26, 2022; and WHEREAS the Developer received a Letter of Conditional Approval from the City dated April 27, 2022, which is attached hereto as Schedule "A"; and WHEREAS the Project has been delayed due to the impacts of world events unforeseen at the times the Grant Agreement and the Amending Agreement were finalized; NOW THIS FURTHER AMENDING AGREEMENT WITNESSETH that the parties agree as follows: Paragraph 3 of the Grant Agreement is deleted and replaced with the following: Construction of the Project shall begin on or before March 31, 2024. 94 In all other respects the provisions of the Grant Agreement referenced in the third recital remain unchanged. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. SIGNED, SEALED AND DELIVERED ) STEEPLEVIEW DEVELOPMENTS INC. in the presence of: Per: Per: THE CITY OF SAINT JOHN Donna Noade Reardon, Mayor Jonathan Taylor, Common Clerk Common Council Resolution: , 2023 95 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, , of the City of Saint John, in the County of Saint John and Province of New Brunswick, MAKE OATH AND SAY: 1. That I am the , of Steepleview Developments Inc, the Developer named in the foregoing instrument and have custody of the corporate seal of the said company and am duly authorized to make this affidavit. 2. That the corporate seal affixed to the foregoing agreement and purporting to be the corporate seal of Steepleview Developments Inc„ is the corporate seal of Steepleview Developments Inc, named in the foregoing instrument and it was affixed by the officers authorized to so affix the seal. 3. That the signature " " subscribed to the said instrument is my signature and I am duly authorized to execute the said instrument. 4. THAT the said document was executed as aforesaid at the City of Saint John in the Province of New Brunswick on the day of 12023. SWORN TO before me at the City of Saint John, in the County of Saint John and Province of New Brunswick, this day of ,2023 Commissioner of Oaths Being a Solicitor Staff Recommendation for Council Resolution Property: 384 Lancaster Avenue Public Hearing, 1st Reading and 2nd Reading: August 21, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law Yes That Common Council give 1st and 2" reading to an Amendment Amendment to the Zoning By-law which rezones a parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466 from Business Park Commercial (CBP) to General Commercial (CG). Other No 3rd Reading: Tentative Date is September 5, 2023 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 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466 from Business Park Commercial (CBP) to General Commercial (CG). Recission of Yes That Common Council, pursuant to the provisions of Section Previous s. 39/s. 59 of the Community Planning Act, rescind conditions 59 Conditions imposed on the May 22, 2018, rezoning for the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466. Section 59 Yes That Common Council, pursuant to the provisions of Section Conditions 59 of the Community Planning Act, impose the following conditions pursuant to the rezoning of the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466: a. The site shall not be redeveloped except in accordance with a detailed site plan, landscaping plan AN and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features; b. The landscaping plan mentioned in condition (a) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application specifically the landscaping associated with the existing retaining wall located between the rear of the building and the adjacent residential property on Dunn Avenue. This landscaping must be retained to provide a buffer between the site and the adjacent residential property; c. Should any changes to the facades of the buildings be required, the developer shall prepare a plan subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, and required wall penetrations for ventilation; and d. The approved plans mentioned in conditions (a) and (c) must be attached to the application for building permit for the development. Section 59 No Agreement Section 131 No Agreement Other No 01:3 PLANNING ADVISORY COMMITTEE July 6, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Section 59 Amendment, Rezoning 384 Lancaster Avenue On May 23, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 4, 2023, meeting. 'V1 The City of Saint John Senior Planner, Mark Reade, presented Staff report for 384 Lancaster Avenue to the Planning Advisory Committee. There were no questions from the Committee. No persons appeared before the Committee and no letters from the public were received regarding the application. Following consideration of the presentation and Staff report, the Committee unanimously adopted Staff recommendation as presented below. RECOMMENDATION: 1. That Common Council rezone a parcel of land having an area of approximately 7,634 square meters, located at 384 Lancaster Avenue, also identified as PID 00386466, from Business Park Commercial (CBP) to General Commercial (CG). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind conditions imposed on the May 22, 2018, rezoning for the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466. 3. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions pursuant to the rezoning of the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466: a. The site shall not be redeveloped except in accordance with a detailed site plan, landscaping plan and building elevation plans, Page 1 of 2 99 Paul Chiu 384 Lancaster Avenue July 6, 2023 prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features; b. The landscaping plan mentioned in condition (a) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application specifically the landscaping associated with the existing retaining wall located between the rear of the building and the adjacent residential property on Dunn Avenue. This landscaping must be retained to provide a buffer between the site and the adjacent residential property; c. Should any changes to the facades of the buildings be required, the developer shall prepare a plan subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, and required wall penetrations for ventilation; and d. The approved plans mentioned in conditions (a) and (c) must be attached to the application for building permit for the development. Respectfully submitted, Brad Mitchell Vice Chair Attachments Page 2 of 2 100 The City of Saint Jahn Date: June 29, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: July 4, 2023 SUBJECT Applicant: Paul Chiu Landowner: JYSK Canada Location: 384 Lancaster Avenue PID: 00386466 Plan Designation: Business Centre Existing Zoning: Business Park Commercial (CBP) Proposed Zoning: General Commercial (CG) Application Type: Zoning Bylaw Amendment, Section 59 Amendment 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, July 24, 2023. EXECUTIVE SUMMARY The applicant is requesting to rezone 384 Lancaster Avenue and amend the existing Section 59 conditions to permit the use of a furniture store. The property is currently zoned Business Park Commercial (CBP). A rezoning of 384 Lancaster Avenue from Business Park Commercial (CBP) to General Commercial (CG) and an amendment of the existing Section 59 conditions is required to permit the use of a furniture store. Page 1 of 5 101 Paul Chiu 384 Lancaster Avenue June 29, 2023 RECOMMENDATION 1. That Common Council rezone a parcel of land having an area of approximately 7,634 square meters, located at 384 Lancaster Avenue, also identified as PID 00386466, from Business Park Commercial (CBP) to General Commercial (CG). 2. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, rescind conditions imposed on the May 22, 2018, rezoning for the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466. 3. That Common Council, pursuant to the provisions of Section 59 of the Community Planning Act, impose the following conditions pursuant to the rezoning of the parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466: a. The site shall not be redeveloped except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, landscaped areas and other site features; b. The landscaping plan mentioned in condition (a) must incorporate plantings and landscaping illustrated on the site plan that accompanied the application specifically the landscaping associated with the existing retaining wall located between the rear of the building and the adjacent residential property on Dunn Avenue. This landscaping must be retained to provide a buffer between the site and the adjacent residential property; c. Should any changes to the facades of the buildings be required, the developer shall prepare a plan subject to the approval of the Development Officer, showing the facades, exterior building materials and finishes, and required wall penetrations for ventilation; and d. The approved plans mentioned in conditions (a) and (c) must be attached to the application for building permit for the development. DECISION HISTORY In May 2018, Common Council gave Third Reading to a Municipal Plan Amendment and Rezoning of the site which redesignated the site on Schedule A of the Municipal Development Plan from Stable Area to Employment Area and redesignated the site on Schedule B of the Municipal Development Plan, from Stable Residential to Business Centre. The property was also rezoned from General Commercial (CG) to Business Park Commercial (CBP) and Section 59 conditions were imposed by Common Council relating to the scope of permitted uses and specific site development standards including landscaping. The 2018 planning application sought approvals for a cannabis processing facility on the site. Although the planning application was approved, the cannabis processing facility was not established on the site. Page 2 of 5 102 Paul Chiu 384 Lancaster Avenue June 29, 2023 ANALYSIS Proposal The applicant is seeking to rezone 384 Lancaster Avenue from Business Park Commercial (CBP) to General Commercial (CG) to permit the use of a furniture store. The applicant is also seeking to remove the existing Section 59 Conditions that limit the site to provisions laid out in the Business Park Commercial (CBP) zone and more specifically, limiting the specific uses of the site. Site and Neighbourhood The subject site is located on Lancaster Avenue on the City's west side in the Fundy Heights neighbourhood. The property currently contains a vacant building and its parking lot located along the western portion of the property. The redevelopment will see a renovation of the existing building in order to create a furniture store as well as landscaping along the perimeter of the parking lot. The redevelopment of the site is a prime example of adaptive re -use as it has witnessed various commercial uses over its lifetime and has sat vacant for several years. The proposed redevelopment will also bolster and add to the existing landscaping located at the subject site. The subject site is one of the larger commercial lots located along this portion of Lancaster Avenue. There are various other commercial uses along Lancaster Avenue such as restaurants, specialty shops, and law offices, all of which are zoned General Commercial (CG). Despite its automobile -orientation, the subject site is located along bus route 15S, which connects Lancaster Mall with the Uptown. The residential aspect of this neighbourhood consists primarily of single-family homes to the south and west, and multi -units and townhomes to the north. The existing loading area of the subject site is located to the rear of the building. The Zoning By - Law does not allow for a loading area within a required yard adjacent to a residential zone, but in this case, while the loading area is located within a required yard adjacent to a residential zone, an existing concrete wall provides a visual separation between the site and adjacent residential property. In addition, the wall incorporates foliage at the top of the wall. Staff also note the adjacent residential property is approximately 2 metres higher in elevation than the subject site and note this wall and associate plantings meet the intent of the by-law of providing a separation between the loading area and the adjacent residential property. Staff recommend a Section 59 condition requiring maintenance of this landscaping associated with the wall as well as the proposed landscaping around the perimeter of the property as detailed in the site plan. Page 3 of 5 103 Paul Chiu 384 Lancaster Avenue June 29, 2023 Municipal Plan The subject site is located within the Business Centre designation of the Municipal Plan. Business Centres are concentrations of light industrial and commercial development generally located on or adjacent to arterial streets in the City. These Business Centres generally contain significant employment but are not located in one of the Primary or Regional Centres. Over time site located within the Business Centre designation may evolve into mixed -use areas, in a manner that is appropriate to the surrounding context. The proposed furniture store is an automobile -oriented use requiring loading and storage space which conforms to the policy direction established for the Business Centre area. Staff note the building at onetime was used as a grocery store so the retail use as a furniture store provides the adaptive reuse of an existing building constructed to accommodate larger -scale retail. The Municipal Plan under Policy UD-9 encourages sustainability in design by promoting the conservation and adaptive re -use of existing buildings and designing sites to retain mature trees. The proposed redevelopment will be utilizing the existing building located on the site and will not only retain mature trees but bolster the landscaping located on the site. By locating increasing the overall landscaping of the existing surface parking and the loading and unloading activities being located at the rear of the property, the redevelopment continues to align with Policy UD-9. Zoning The current zoning of the subject site is Business Park Commercial (CBP). There are various commercial properties along Lancaster Avenue which consist of Regional Commercial (CR), Commercial Corridor (CC), and General Commercial (CG) zoning. The proposed rezoning from Business Park Commercial (CBP) to General Commercial (CG) fits within the commercial context of Lancaster Avenue. The applicant is seeking a rezoning and an amendment to the existing Section 59 conditions as neither the Business Park Commercial (CBP) zoning nor the currently imposed Section 59 permits the uses allowed for in General Retail. To allow for the conversion of the building to a furniture store, Staff are recommending the existing Section 59 conditions be rescinded and the site be rezoned to General Commercial (CG). There is a mix of residential zoning surrounding the subject site with One -Unit Residential (R1) to the south and west of the site and Low -Rise Residential (RL) and Mid -Rise Residential (RM) to the north. Cedarhill Cemetery and Wolastoq Park, also along Lancaster Avenue, are zoned Park (P). Infrastructure and Protective Services The City's Infrastructure Development, Building and Fire and Emergency Management Service Areas also reviewed the proposal. As per any proposal of this nature, the applicant will be required to apply for a building permit and meet all necessary City requirements. This includes meeting the standards of the National Building Code of Canada. No concerns were raised by the City's Service Areas. A traffic impact study was conducted for the proposed development and no issues were identified in the analysis. Page 4 of 5 104 Paul Chiu 384 Lancaster Avenue June 29, 2023 Conclusion The proposed redevelopment of 384 Lancaster Avenue into a furniture store is supported by the Municipal Plan and is compatible with the existing building and commercial street the subject site is located on. The rezoning of 384 Lancaster Avenue from Business Park Commercial (CBP) to General Commercial (CG) will enable the property to be redeveloped in an appropriate manner in relation to the Zoning By-law. The removal of the existing Section 59 conditions is recommended related to the site development, which will remove conditions that currently limit and specify the site for use as a cannabis processing facility. ALTERNATIVES AND OTHER CONSIDERATIONS No alternatives were considered. ENGAGEMENT 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 June 19, 2023. The public hearing notice will be posted on the City of Saint John website on or before June 29, 2023 APPROVALS AND CONTACT Author I Senior Planner Commissioner Thomas Lewallen I Mark Reade, MCIP, RPP Jacqueline Hamilton, MCIP, RPP Contact: Thomas Lewallen Telephone: (506) 977-0274 Email: thomas.lewallen@saintjohn.ca Application: 23-0117 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan and Elevation Drawings Page 5 of 5 105 ®} 6 /i LLI) CS uj 0 o R/ kq -i ccN ir Fe 9 c f0 +� U i a) cd a s + o co u an — m c cn p n Q = E c m a) cd o an -0 -Cdo > O c c0 —0—C" ,, Q c c +, co — O c a) _ s s o o f6 > - dp u cn O 7 a) a) a) O — - 0 O c0 .0 a) as s -0 3 N a) Q 4�0 a) a ai ai a N i a) > .� c u > N ld N dA 4� Q VI 7 VI 0 +, O a) c o C 0 wE N f0 J o +' an co +� � co cu c 0 O a) c o o 0 W -a p m= E C 'E a, a) c0 a) s c0 s U of '6 " dA C is O Q s + m u x 'U O O C p cu cn O E a) a) + co aj i a) u c •i E a) of � 4-1c0 dA > •� cd a) p ms C Q O O a) C O s > � cd v O 4� c cd o 41 co +� 4 Q x o o C N Nv v CC: 4� ° o ac: ac) -� f° C 4-1 > E aco 0 Y -0 o o > axi >-0'n—aoi M ax).� a" a) UJ a) CU Q > u a) _ p a) Q� > a, +� a, s a) s c a) +��� s s 3+1 a) O '6 cu N aJ a-+ � � � Q � i � � .� O Ov� Q Q � U U � ai c0 cu +4� C Q Q F- J O a) a) C dA C = 'n s -� i 4, a) -° '� CO c C a a) = = c a) a) ,o an c a)a) � a) a) E O Q 0 C�" s N N fu � 'a C> a) dUA C m ui 'u w cu O C +sI +s o () C c0 u •> m O E Q a) m +, 75 O +� ,f0 p c0 O i O > 'C: a) o cd ° s a) a) f6 dOA o a) O+ C 7 s (�6 a) (�6 f6 Q In Q N � x O ii 'U dC0 (0 a) +' O S m s+ a) a s o 4� a) o c cd .� c do c 4, an an -a — v c O E ai u " O +� c " '- a� c c p a) a •u `- `n a) -a f6 an C C +� .c u c -a co s a) Q CO4 an C a) a) O a vi •� s +' Q a) v cd a) a) an .c c U c .s .- ao ca a cd a) Q o C c� +- a) 4�c •3 (6 ' C-0 (A C UOE mUi Q o O u O d C O �(1) > C 4' O +OJ O� O a) Q o u a) i +' U O u m i co C p co +' a)+� a) O dA a) .� m 7 Cr .� E i aA u s a) a) U O .- U C dA C u Z C C 7 0 Q O C v x p 'p c0 Q� C sw C O _ (0 dA dA o-0 >' '6 a E a) w o E CO a s CO a) a) i c� f0 (0 (6 > 7 a) O N O u N N +� c0 O +' N dA J C E w i .� E ID O c Ur O u d .X a) a) a) u s N s i a)> I a) -C � a) +� a) 41 O a) -p a- +, C i -a a° U o u E 2-a a° w�-0 a w o Q.1 O r r U O 7 0 C c0 as-+ u c0 •� a76 c 3 m O O C � cU6 oa U X dCA vi C E dA Q Q w O_ C O 0.Q O Q O v C C -C4 a) O w O -a > O 4� O N N 7 N C i dA C a) N 7 O C > i a) -p O C a= a) C p f6 C7 4' v_' Q c +� s +' =3 N C� s— C +' s +� a) 4�co c a) C u Q s O a) C >- +� O -a s}O sQQO O i Q M C �aico U7io O + Jf6 C3 -a 0--a r O 4� � o') U U m NW C M 4- C4i1 � O s C 6 U 'a U a) 4- Qo i+COp�.0 6O °E v� 4- O o a , -a —C > - UN a" \ — U ' c 0 > 4a) � 0 a O w w a) U 4� -a 3 7 N v M Q- -C S 000 ' +s n O '> v� O ca cr U +' O M '6 W� 4� 4 - '� Q" C a) >- U dA — C v� cCo — Q 'a Q C Q 'O O 'a C N O w U O O 0O Q a) C cQo dA 7 E p a) o Q O O i U C C 6 m a) .0 i -0 a) u Q n a) a) Q m Q Q U ) a) a) ,� Q .> u +, C M O N O-0 s a) s X i s a) +, s s 7— a� a) c X O Q m H H a) Z v� Z Z Z Q N H H O Q i cn w n m O_ " O dA C c6 X a) O 0 Q- C c6 � c.i � a) co � c.i 'a a) � dA Q- . a) � C Q Q a) C z z H -a N I I U m —0 U a) -a >- i a) i LO O -a00 u '6 7 ca ca'ZI ca — O '6 0 �O —> a) Q O N O i � C -p -a u a) u dA O 7 C aC cC6 v� O O a) OU •; — coo O C a) O a) a)3 E E - uO (u v O O O Q Cs Q +' V a) O C a) a) a) Q C U � O 7 O O 'O 4 'n O v� -a > U O dA cr u s ca a) _� O 4O u a) � co c a) co a) a) Q O aA a) 7 +� O ( a Q A O C 0 O 'a m � � u U (.0 sa-1 O Cs 2a) O -C 0s fu v Ci 4-1 " o 4' C w — 6 — O � +O o O O � a UO E �4-1 a) U � o cC C co '6 of 4-1 4� O E 4-1 C � U i O Q > 4 . vi C E s'O a) O Q u X ) Q C O 0c0 4' E i 4� a) — O+,a E as O O or U a�) O QO cca NO -CC 7 Q Q 'a > U 7Q 0 C:� O C wO UU 1 O E O U Q 4-1v c E uo � C O u O uN 4� -c _a a) cu O � W+U NE n nU a O U-a p� (A O U4- 4� O 'a O O i � 0 O C C —CCs O O O a) a) 4' O O a) a) o Q dAa) ca O O E C J O � 0 4-1Ha 0 in Q Q Q 4- co O= 0 0 0 QC 'a O C O -a -0 Q Q C Q c0 L; 'a a) U m -0u -a a) ao Q- cco ca > Q-c +� 'i C _C 4-1 a) a) > +'sue a) Q a > a)- a) — 4' s0 a) a) co s N O U H O C V oO N > 00 f6 U U +, N = a° c o � 0 a a� w c s �o a� t U 7 O_ L N N u U N C f0 N N cN C N C 76 Ln O O Q 4- L O N Q ul N C O ,ON 11111111111111119 11111 11n Q ao o�� 3N Z wao �3wa9 nL � �o �E � EpFFo¢�pp� rasa ����< aasf � a _ a �w _ ff� aka 6 3YN11NNfLi N.N3NIl NSAf SN `NHOf 1NIVS'3AV N31SVONV VIE S W N� IO �� €NHOf 1NIVS NSAf'.a : 101 iiiiiiiiii 11n 3NN11NNrW N.N3NIl NSAf SN `NHOr 1NIVS '3AV N31SVONVl VIE 6 is zrg3%Q NHOf 1NIVS NSAf , € z 0 o A g W 3,,lllNl- N,N3NIl NSAf 8N `NHOf1NIV5'3�tlN31Stl�Ntll V6E � �� �u �� � Otn � � g F. s - NHOf 1NIVS NSAf w w m d N tl ff i 4 ". R 3 F& 3 S 9, 9 tq- }}a I, n � o Ii dv � i 6 G m os o� f � � i I I � I z0 J a a W i N W 2 F — W W F W F cn LU LU - W � o 0 dm Ili W O d m - W 0 0 d - am IL as � w z c `' J o N cn N N cn Q 0) L Q o U � o E V E o U co J 00 M I I I I �I I I I I I I I I I 4 I I � I Z O F Ll I I z O � a w � w w L7 WLU Lu W " NOIL I O Q E I O al c� 6= w4 m� "v I X:Uw-AkW../ ■ Ll Ems+ a� f �4I r� R3 @ u C) E p yip U7 Ui EU U C d J! co �a LL 2; ID Ni Ei ,ye LL cc e- 4z E) I IL L ce) C) NO a) X O �N E DLO 3: N •a) O N O L L � to Q Q O U L N = c N •O 3 � O a) N Q — C O= � a) U C: LU •-0L-0 C%f4-0 O N � N + L N L- Q O 0 _ CD N cn c N � O '— E cn Q cn U N O a) co -'--o N O O QN CU CO cn CU C: O O 2 -a) 0—cn N N O N O Z C C� U L N E o cn w E cn o 0 m cu0 U � E Lo 0 � o M o 0 � oa � o N Co CY) U m x � (D'V (D N a) a) > a) E E O N 0 E E �ry C U a tf O co 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 7,634 square metres, located at 384 Lancaster Avenue also identified as PID 00386466 from Business Park Commercial (CBP) to General Commercial (CG). 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 5th day of September, A.D. 2023 and signed 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 : 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 7,634 metres carres, situe au 384 avenue Lancaster, egalement identifie comme NID 00386466, de Zone commerciale — pares d'affaires (CBP) a Zone commerciale generale (CG). 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 21 aout 2023, avec les signatures suivantes: Mayor/Maire City Clerk/Greffier de la Ville iiW-1 First Reading — August 21, 2023 Second Reading — August 21, 2023 Third Reading — September 5, 2023 Premiere lecture — 21 aout 2023 Deuxieme lecture — 21 aout2023 Troisieme lecture — 5 septembre 2023 HOW Proposed Zoning Bylaw Amendment, Section 59 Amendment RE: 384 Lancaster Avenue Public Notice is hereby given that the Common Council of The City of Saint John intends to consider an amendment to the Zoning Bylaw at its regular meeting to be held in the Council Chambers on Monday, August 21, 2023, at 6:30 p.m., by: 1. Rezoning a parcel of land having an area of approximately 7,634 square metres, located at 384 Lancaster Avenue, also identified as PID 00386466, from Business Park Commercial (CBP) to General Commercial (CG) as illustrated below. 2. Amending the Section 59 conditions imposed on the May 22, 2018, located at 384 Lancaster Avenue, also identified as PI 00386466, to permit the creation of a cannabis distribution centre. nr � fil A ah� REASON FOR CHANGE: To permit the use of a furniture business. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at CommonClerka-saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerka-saintiohn.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 1N81:3 Projet de modification de I'arrete de zonage, modification de I'article 59 Objet : 384, avenue Lancaster Par les presentes, un avis public est donne par lequel le conseil communal de The City of Saint John indique son intention de modifier 1'arrete de zonage de The City of Saint John et modifier des conditions de I'article 59, (ors de la reunion ordinaire qui se tiendra dans la salle du conseil le lundi, 21 aout 2023 a 18 h 30, en apportant Ies modifications suivantes : 1. Rezonage d'une parcelle de terrain d'une superficie d'environ 7,634 metres carre, situe au 384, avenue Lancaster, egalement identifie comme le NID : 00386466, de la zone commerciale — pares d'affaires (CBP) a zone commerciale — generale (CG), tel qu'illustre ci- dessous. 2. Modification des conditions de I'article 59 imposees relativement au changement de zonage du 22 mai 2018, de la propriete situee au 384, avenue Lancaster, egalement identifie comme le NID : 00386466, pour permettre la creation d'un centre de distribution de cannabis. d P P C�•ch ' C' D & 9 St P b ' 4S RAISON DE LA MODIFICATION: Permettre ('utilisation d'un commerce de meubles. Pour plus d'informations concernant la lecture de I'amendement, ou pour s'enregistrer a I'audience publique, veuillez contacter le Bureau du greffier communal a I'adresse CommonClerk(o-)-saintiohn.ca. Les objections a I'amendement peuvent titre ecrites ou presentees oralement a I'audience publique tenue par le conseil commun. Si vous souhaitez obtenir des services en frangais, veuillez contacter le bureau du greffier communal. Jonathan Taylor, greffier communal (506) 658-2862 1f84%7 0*V&5�1t_ leve oent Shoo PLANNING o, ILDING INFRASTRUCTURE SAINT JOHN Non -Conforming Use Satisfactory Servicing Section 39 Amendment Zoning By-law Amendment Application Checklist & Submission Package This document and all attachments are provided as assistance to persons seeking certain approvals and permits as required by various by-laws of the City cf SaintJohn and other acts and regulations. Should there be a discrepancy between this document, and all attachments, and the associated by-law, act or regulations, the associated by-law, act or regulation shall prevail. Updated 12-30-2020 `[till Growth & Community Services Phone: (506) 658-2911 www.saintjohn.ca Email submissions to: onestop@saintjohn.ca Council Application Checklist required for a complete application for: ➢ Non -Conforming Use ➢ Satisfactory Servicing ➢ Section 39 Amendment ➢ Zoning By-law Amendment Applicant must submit all that are applicable: o Completed Application Form signed by the registered lot owner or authorized agent. lvr Fee in accordance with Schedule B of the Zoning By-law. �r Details of any proposed development, which may include: o Site Plan drawn to scale illustrating the following: ■ Location of lot lines and lot dimensions; ■ Location and setbacks of buildings and structures; ■ Location and dimensions of easements and rights -of -way; ■ Location and nature of site improvements, including driveway accesses, parking (including barrier free and bicycle), loading, drive-thru facilities, landscaping and amenity spaces, and signs; ■ Topographic features, including watercourses, bodies of water, wetlands, grade changes, and drainage; and o Preliminary Building Plans drawn to scale, which may include floor plans. V Other information may also be required to complete the application. It is therefore strongly recommended that the applicant consult with City staff prior to submission. De iela rent Sha PI.4NN! ,m: 11MN, [?'rRk IRl.k]I BF MSAIA 131 Devolop ent ShtepTPLANNING 8NG TNFRASTRIlf'T EtF. SAINT J(7HIV onestop@saintiohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN LOCATION CIVICADDRESS: T384 Lancaster Ave, Saint John, NB PID#: 00386466 LU Ln HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N LL APPLICATION #: DATE RECEIVED: a "' RECEIVED BY: APPLICANT EMAI L PHONE Paul Chiu, AANB contract_admin@udga.com 604-250-2163 z p MAILING ADDRESS POSTAL CODE a 810 - 675 West Hastings Street, Vancouver, BC V6B1 N2 CONTRACTOR EMAIL PHONE 11 TBD z — H MAILING ADDRESS POSTAL CODE z Q U J OWNER EMAIL PHONE a JYSK Canada Chad.McCauley@JYSK.ca 1 403-829-6034 MAILING ADDRESS POSTAL CODE 25 King Edward Street Coquitlam BC, V3K 4S8 PRESENT USE: Retail PROPOSED USE: JYSK Linen 'N Furniture Store BUILDING PLANNING INFRASTRUCTURE HERITAGE CL INTERIORRENOVATION ❑NEW CONSTRUCTION []VARIANCE ❑STREET EXCAVATION ❑HERITAGE DEVELOPMENT Q < 9EXTERIORRENOVATION ❑ACCESSORYBLDG ❑PLANNING LETTER ❑ DRIVEWAY CULVERT HERITAGESIGN Q �1DDITION ❑POOL ❑PAC APPLICATION ❑DRAINAGE ❑HERITAGEINFILL J Q ❑DECK ❑ DEMOLITION COUNCIL APP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y �CHANGEOFUSE 2iIGN ❑SUBDIVISION ❑OTHER ❑OTHER u ❑ MINIMUM STANDARDS ❑OTHER ❑OTHER U_ Improving the parcel as per the condition created at the common council of the City of Saint John z dated May 22, 2018. (Attached document) O Y ~ O a v Ln W ❑✓ 1 consent to the City of Saint John sending tome commercial electronic messages, from time totime, 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 withoutyour 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 ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 15 Market Square Saint John, NB H2L IH8 commonclerk(a),raintiohn ca (506) 658-2862 The 111) of stint I.hn I, the undersigned, hereby apply for the permit(s) or approval(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. Paul Chiu, AANB Applicant Name Applicant Signature April 20, 2023 Date ■ 19% egalo-PLAN entTshop� a Council Application GROWTH & COMMUNITY SERVICES CITY OF SAINT JOHN CIVIC ADDRESS 384 Lancaster Ave, Saint John, NB APPLICATION # I FEE PAID I Y N TYPE OF APPLICATION Land for Public Purposes ❑ Non -Conforming Use ❑ Satisfactory Servicing Release Service Fee: $200 Service Fee: $200 Service Fee: $300 Section 59 Amendment © Zoning By-law Amendment ❑ Zoning By-law Amendment with Service Fee: $2,650 Service Fee: $2,650 a Municipal Plan Amendment Service Fee: $3,700 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 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 for further information. Proposal of rezoning from Business Park Commercial (CBP) zone to General Commercial (CG) Zone to allow for the facility to be used as a retail general . 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 Additional Registered Owner April 20, 2023 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. 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 ai, 4 an�aste ue prince St. r �G y d� Q ' c� o� m roe stSh%ny FROM / DE TO / A Business Park General Commercial Commercial Zone commerciale CBP CG Zone commerciale generals - pares d'affaires 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: Paul Chiu Location: 384 Lancaster Avenue PID(s)/NIP(s): 00386466 Considered by P.A.C./Considers par le C.C.U.: July 4 juillet, 2023 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: July 18 juillet, 2023 134 Staff Recommendation for Council Resolution Property: 11 Blue Rock Court Public Hearing: August 21, 2023 Item: Required: Recommendation (Y/N) Municipal Plan No Amendment Zoning By -Law No Amendment Recission of Yes That Common Council, pursuant to Section 59 of the Previous s. 39/s. Community Planning Act, hereby rescind the resolution 59 Conditions imposed on January 8, 1989 and February 5, 1990, rezoning of the property located at 11 Blue Rock Court and identified as PID 00367144, 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 No Conditions Section 59 No Agreement Section 131 No Agreement Other No iiP191 PLANNING ADVISORY COMMITTEE July 26, 2023 Her Worship Mayor Donna Noade Reardon and Members of Common Council Your Worship and Councillors: SUBJECT: Proposed Section 59 Amendment for 11 Blue Rock Court On June 12, 2023, Common Council referred the above matter to the Planning Advisory Committee for a report and recommendation. The Committee considered the attached report at its July 18, 2023 meeting. Yeva Mattson, Planner with Growth and Community Services, appeared before the Committee and provided an overview of the proposed amendment. When asked, she clarified for the committee that staff are recommending all conditions be removed as they were requirements for the previously completed development. The City of Saint John Rick Turner, representing the applicant Somerset Suites Ltd., appeared before the Committee and spoke in favor of staff recommendation. Mr. Turner explained that they had contacted all the neighbours to explain the project and found the neighbourhood is quite happy with the development as it has been well maintained. He also noted that half the units in the building are subsidized, and they would like to see more units added in the future. No other members of the public appeared to speak in favor or opposition. The committee voted unanimously to accept staff's recommendation. Page 1 of 2 136 Somerset Suites Ltd. 11 Blue Rock Court July 19, 2023 RECOMMENDATION: That Common Council rescind the conditions imposed on the September 2, 2008, rezoning of the property located at 11 Blue Rock Court, also identified as PID 00367144. Respectfully submitted, Alex Weaver Crawford Chair Attachments Page 2 of 2 137 The City of Saint John Date: July 13, 2023 To: Planning Advisory Committee From: Growth & Community Services Meeting: July 18, 2023 SUBJECT Applicant: Somerset Suites Ltd. Landowner: Somerset Suites Ltd. Location: 11 Blue Rock Court PID: 00367144 Plan Designation: Low to Medium Density Residential Zoning: High -Rise Residential (RH) Application Type: Section 59 Amendment Jurisdiction: Common Council has requested the views of the Planning Advisory Committee concerning proposed amendments to the Section 59 conditions of the subject property. Council will consider the Committee's recommendation at a public hearing on Monday, August 21, 2023. EXECUTIVE SUMMARY The applicant is seeking an amendment to the existing Section 59 conditions imposed on the property in 1989 and 1990, to allow for further development of the existing residential buildings. The former Section 59 conditions limited the development to a maximum of 52 units. The applicant is proposing to add two more units to an existing building. Staff recommends rescinding the Section 59 conditions, including the condition that limits the development to a maximum number of 52 units. Page 1 of 6 138 Somerset Suites Ltd. 11 Blue Rock Court July 13, 2023 RECOMMENDATION 1. That Common Council, rescind the conditions imposed on the January 8, 1989 and February 5, 1990 rezoning of the property located at 11 Blue Rock Court, also identified as PID 00367144. DECISION HISTORY In 1988 a non-profit organization entered into an agreement with the city to purchase the subject site with attached conditions. Then, in 1989, the organization applied for a Municipal Plan Amendment and Rezoning with a proposal to build a 7-storey 50-unit apartment building. The site was rezoned from R-2 (One and Two Family Dwellings) to RM-2 (High Rise Multiple Residential) with attached Section 39 conditions, including a unit cap of 51 units in the one multi -unit building and a sunset clause. In 1990 more land located adjacent to the original site was acquired and rezoned to be included in the proposal. The Section 39 conditions imposed in 1989 were further amended to reflect the expansion of the project and the maximum unit count was increased to 61 units and the sunset clause was amended accordingly. The 1989/1990 development proposal was never constructed and the sale to the non-profit organization never occurred. In 2008, the City agreed to sell the subject site to another company. On September 2, 2008, Common Council amended the Section 39 conditions on the property to allow for the development of three multi -unit buildings with a new maximum cap of 52 units. The unit cap of 52 units was based solely on the site plan submitted by the applicant for the development. It has been common practice to create Section 39/59 Conditions that tie a specific development proposal and associated site plan to a successful rezoning process. There are nine Section 59 conditions registered on the property, which were undertaken as part of the completion of the development. Staff are recommending the removal of all nine conditions. The conditions imposed on the property are as follows: a) The use of the site is limited to one or more buildings containing a total maximum of 52 dwelling units, together with the associated amenity areas and parking; b) The developer must design and implement a detailed site drainage plan/brief, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled; c) The developer must complete an engineering water and sewer analysis in or to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems; d) The developer must pave all parking areas, loading areas, maneuvering areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; and e) The developer must provide all utilities underground on the site; and Page 2 of 6 139 Somerset Suites Ltd. 11 Blue Rock Court July 13, 2023 f) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways, and parking areas; g) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finished, landscaped areas and other site features; h) The approved plans mentioned in condition (b) and (g) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation; i) All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building o the site; and the landscaping must be completed within one year of building permit approval. ANALYSIS Proposal The applicant is proposing to construct two additional units inside an existing multi -unit residential building by converting former storage areas into dwelling units. The development would see no changes to the exterior or footprint of the building. Former conditions limit the number of units to a maximum of 52 but the building and site contains the capacity to hold more units. Site and Neighbourhood The subject property in the Lower West Side of the City, just south of the Container Terminal. The property has an area of 7000m2 and includes three existing multi -unit residential buildings and their required parking. The immediate area surrounding the subject property contains a mix of Two -Unit Residential (R2) and One -Unit Residential (R1), but the majority of the Lower West Side is zoned Mid -Rise Residential (RM). An elevation difference of nearly 10 metres exists between the development site and the adjacent sites, which creates an additional physical separation and visual buffer between the lower density residential properties and the subject site. Sites along the Lower West Side are largely residential with varying densities, including properties zoned One -Unit Residential (R1), Two -Unit Residential (R2), Low -Rise Residential (RL), and Mid -Rise Residential (RM). There are also commercial sites located in the wider neighbourhood, including Local Commercial (CL) and Commercial General (CG) which contain local convenience stores and the Family Ties Play Care Day Care Centre. The Digby Ferry Terminal sits south of the site and the Saint John Port Authority also operates the Container Terminal along the shoreline which is zoned Transportation (T). The Carleton Community Centre is located north of the site which includes a community garden, volleyball and baseball courts, a splash pad, and other park amenities for the wider community. Page 3 of 6 140 Somerset Suites Ltd. 11 Blue Rock Court July 13, 2023 The subject site is served by the City's public and active transportation networks. The site is served by the City's transit service, with Route 15 creating a connection to the Uptown as well as Fairville Boulevard, both which have transit connections that connect to the wider city. In addition, sidewalks link the property to the City's broader pedestrian network. Municipal Plan and Zoning The Lower West Side is designated as Low to Medium Density Residential. The designation was created in order to accommodate a range of growth and development. An analysis of the proposal with respect to the relevant policies of the Municipal Plan is provided in Attachment 2. The Municipal Plan policy around Low to Medium Density Residential designation does allow for higher density if appropriate for the neighbourhood. Despite the property being zoned High -Rise Residential (RH), the development, which has existed for 15 years, is an example of a medium density, mid -rise development that is common across the city. Rescinding the former condition of a maximum number of units to allow for further development of an established use on the site will not have a negative impact on the neighbourhood, as it is a use that has long been in operation on this property. While the site was rezoned in 1989 to High -Rise residential and meets all the requirements of that zoning, the project is an example of a mid -rise development. During the original proposal, the units were contained in one, much larger multi -unit building which would have met the requirements of the High -Rise Residential zone. When construction of the project commenced in 2008, the proposal had changed and amendments to the original Section 59 conditions allowed for the development of three multi -unit buildings which are a common medium density, mid -rise typology found across the city. The development continues to align with the zoning and meets parking requirements despite the addition of units and would see little change to the exterior or footprint of the existing buildings. There would be minimal capacity for change to the existing development in the future should the former conditions be rescinded, as the development would need to continue to meet zoning requirements. The proposed expansion of the existing residential development does meet the criteria in the Municipal Plan and the Zoning By-law. The addition of units will see a continuity in the use while seeing little change to the exterior or footprint of the existing development which will support the overall function of the property. Section 59 Conditions The landowner is seeking approval to amend the existing Section 59 conditions to allow for the addition of two units in the existing building at 11 Blue Rock Court. Since the rezoning of the subject area in 1989, Section 39 conditions have been imposed on the use and development of this parcel. There have been multiple amendments to these original conditions, with increases and decreases to the maximum allowable units and changes to the Page 4 of 6 141 Somerset Suites Ltd. 11 Blue Rock Court July 13, 2023 number of buildings proposed for the site. There were also standard conditions placed on the property in association with storm water management and drainage requirements, as well as the requirement for detailed site plans to be submitted as part of the building and development permit application which are no longer applicable now that the site is developed. While the applicant is requesting an amendment to the condition associated with the unit cap, staff have assessed all conditions and have determined that the other conditions are no longer applicable as the development has been fully constructed. This application provides the opportunity to rescind all these completed conditions, in addition to the condition associated with the unit count. Staff recommend the removal of the conditions, as the Zoning By-law standards and building permit process provide sufficient direction for any future development of the site and there would be minimal capacity for expansion. No issues were raised by the different service areas, and they are supportive of the proposed removal of the Section 59 conditions. Conclusion The construction of additional units to the existing building is an appropriate development proposal for the site. The use is permitted within the High -Rise Residential (RH) zone and will support an incremental increase in residential density within the area. Staff are recommending the rescinding of the former Section 59 conditions. ALTERNATIVES AND OTHER CONSIDERATIONS No other alternatives were considered. PUBLIC ENGAGEMENT 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 June 22, 2023. The Public Notice for the proposed Section 59 Amendment will be posted on the City of Saint John website on or before July 20, 2023. APPROVALS AND CONTACT Manager I Acting Director Jennifer Kirchner, RPP, MCIP I David Dobbelsteyn Contact: Yeva Mattson Telephone: (506) 649-6075 Email:yeva.mattson(o)saintiohn.ca Application: 22-0277 APPENDIX Map 1: Aerial Photography Map 2: Future Land Use Map 3: Zoning Page 5 of 6 142 Somerset Suites Ltd. 11 Blue Rock Court July 13, 2023 Attachment 1: Site Photography Attachment 2: Municipal Plan Policy Review Submission 1: Site Plan Page 6 of 6 143 O � U � o U a � U � U c� � a Lo O O u O m � O V O 0 U N O O r W O O x N .N U) V, M N O N 1y T — N > NO 0 E ! 6 CD U O O o U ° T � U ° � U U V (7 m a LO N m nj c� 0 v o 0 o 0 m C7 O O N O O `m W O to x x m U) to O u 0 O E Q U) 0 cu a) c D O GV- � rL�1 cu O N J J LL N — LL N cn U cn a)a) (n L cn cu a a L L Q Q O O ^L ^^L LL LL W � y E : oTo S � E ) e w § § § / \ - ƒ 3 3 ? \ k 2 G t a \ k 3 \ \ � \ ƒ \ 3 d a ATTACHMENT 1: SITE PHOTOGRAPHY Subject Site looking North from the access Access to Subject Site from Victoria Street West ` INA Looking North at Parking and Blue Rock Court Development (Subject Site to far left) ` Ell E:3 3 a, a, oc u U O a C ca a m a .E N C a, E U m 41 a) 4 s s+� aci sao C � s ao o~ O O i 41 v� a) a) u (o +� u O C Y � 0 C ++ N a) C Q) Q Cl- d �O E } 3 o C 3 O �, C dA _ �O a) N c6 +� 4s co O 3 0 E a� O a D M 0 7 C c V s u +� s a C O u i dA a) � -a � a) +, O 7 N s m > +, c > -Ea o o s ao X us E co a� -� oo o a� °; •°—�° a>i s W 4� M x aci o co o +� +1 dC0 ma)4� .� Q m u a) .7 i a) +; v, � a) 3 a� 4� E M,n 4�u x U a� a� 7 s > N '� 4 � U C a� C a) E 16 a) i ate+ a) c Q C Q C 7 -C x 7 > C (�6 co -CO (C6 4' O -Cn p +� E c v� i _ 0 4, O co �� ° " 4�0 +' +� +� O C +' C O ° — O io CL dA a) p O � C dA 'a O O C +, Q s Q O Q 4� � O w +, 'p C > E c a� u > a� (1) + � s E a� s E O= �O U co UA L 4�O C 0 Z +� an ao CJ a) a co c U E •� N O O co � u +' xi ao x x � O +� c ° .° o°c aa co co '6 j c u > ^ a N O Oi 0 ` x o o ;0 pC O O H a-J Q 4' UO o QCm rl c i " =3 (o u a) ss 'a ri I0 H +� s +J C 3 ° s a� ao E ao J jE s 3 a� 4 � a ' u +' U 7 _ O 7 O O— N +� U O C C +u•, o 7 } N C U -cO N Q C +� s +� O C c6 ) O v� C C O +' a) U O a) p c +� Q c v� C)co m vi > C Q 4s i -0 -CC Ou Ol C v� dA C Ou p C 7 -CO n u vi C> 4� 7 C O o a) Ct0 +' u a) -Ca) 0 -cN N s C Q 3 dA 'p -p -p 4 a) U Q U +> VI c cuo +� C a) O C i i O � E s E C C Q Q C O u = 4�s p N E o E 3 o a) s u E ao O co ((6 O u C� �, a c a� Q E— u 'x +' i Q- c CL �, u c co a c a) a� s o +� o Q 0 0 O v� E co a c Q a� f6 O ai a) = c +J > � a) co > Q (1) C 4, O Q dA — vA 7 U v� u C p VI U i a) v� C a) 7 VI E Cr s C a) Q a� s co VI o c a� co u c N 3 ao E Q - •— +� �, 0 ao +� co o x o c E o .� o s 0 3 a� s c c a 3 c E °0 W c O 4' a; � o s 41 af6i c �, o u a) +, a� > o c E Eoa a +' an ' O (Ao U sc`^ a u a ° a s+ cao _ w oOa) a +�a 4� oE o a :E E 4, -0 � U 7 N u C .0 c vi J .� C w i 'p co C- co co +� O u co a v� a) w u v� a-, ° s� +'' co > U Q E 'a a) — a) uj a) 7 a) a) ao c c 'a 'i O m c h0 v� ! 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Yeva Subject: FW: Proposed Section 59 Amendment at 11 Blue Rock Court. Date: July 10, 2023 8:15:04 AM Not yet filed. From: Georgina LeBlanc -Jacquard Sent: Saturday, July 8, 2023 7:52 PM To: OneStop <onestop@saintjohn.ca> Subject: Proposed Section 59 Amendment at 11 Blue Rock Court. [ 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 snamsa=leas�ainfjohn.ca or contact IT Service Desk at 649-6047. * * Planning Advisory Commitee We are not against the proposal to allow for 2 additional units because they are already within the existing building/s therefore doesn't affect residents in our opinion. Thank you—Georgina— `M k von TMMA u .R-,a .o-X co Vk 4 -4% 'W4 �• s 1, �� ,�� " '�, i �! :. , _� � p� `,�., �� II. � r ;; P �, 1 .: n! �� —,� �� ::. �. �_ i I I '�;. _ � � 7F �. 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",:::':: �:, : ]•I I I -I :::::.; I:-:i R_`.'-; J I'J I i I' I: SAI1tiT JOHV onestop@saintiohn.ca Phone:658-2911 Fax:632-6199 General Application Form GROWTH & COMMUNITY DEVELOPMENT SERVICES CITY OF SAINT JOHN LOCATION CIVIC ADDRESS : 11 Blue Rock Court PID # : PID 00367144 N HERITAGE AREA: Y / N INTENSIFICATION AREA: Y / N FLOOD RISK AREA: Y / N APPROVED GRADING PLAN: Y / N D LL APPLICATION #: DATE RECEIVED: Q `n RECEIVED BY: APPLICANT EMAIL PHONE Somerset Suites Ltd. turners@nbnet.nb.ca (506)333-8700 z Q MAI LING ADDRESS POSTAL CODE Q 1190 Failville Blvd., Saint John, NB E2M 5T7 CONTRACTOR /DEVELOPER EMAIL PHONE O z Somerset Suites Ltd. turners@nbnet.nb.ca (506)333-8700 — H MAI LING ADDRESS POSTAL CODE Q 1190 Failville Blvd., Saint John, NB E2M 5T7 U J OWNER EMAIL PHONE QSomerset Suites Ltd. turners@nbnet.nb.ca (506)333-8700 MAI LING ADDRESS POSTAL CODE 1190 Failville Blvd., Saint John, NB E2M 5T7 PRESENT USE: Multi Residential PROPOSED USE: Multi Residential - Renovation to add 2 units J BUILDING PLANNING INFRASTRUCTURE HERITAGE Q❑ INTERIOR RENOVATION ❑ NEW CONSTRUCTION ❑VARIANCE ❑STREET EXCAVATION HERITAGE DEVELOPMENT Q ❑ EXTERIOR RENOVATION ❑ ACCESSORY BLDG ❑ PLANNING LETTER ❑ DRIVEWAY CULVERT ❑ HERITAGESIGN ❑ ADDITION ❑ POOL ❑ PAC APPLICATION ❑ DRAINAGE ❑ HERITAGE INFILL J Q ❑ DECK ❑ DEMOLITION ®COUNCILAPP ❑ WATER & SEWERAGE ❑ HERITAGE DEMO Y w ❑ CHANGE OF USE ❑ SIGN ❑SUBDIVISION ❑ OTHER ❑ OTHER 2 u ❑ MINIMUM STANDARDS ❑ OTHER ❑OTHER o The proposal is to renovate two furniture storage areas that are no longer required for storage of furniture and z accessories for units previously rented fully furnished in many of the units throughout the complex. The two storage o areas are to be converted into 2 one -bedroom apartments. An amendment to previously imposed Section 39 O conditions is required to increase the unit count in the overall complex from a maximum of 52 units to 54 units. A Nsmall storage shed with consistent finishes to the existing buildings is proposed to be added at a later date. LL, 0 1711 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 authorityfor 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 ofpersonal information, please contact the Access & Privacy Officer: City Hall Building 8th Floor - 15 Market Square Saint John, NB F2L IF8 commoncl erk(dsaintiohn. ca (506) 658-2862 I, the undersigned, hereby apply for the permit(s) or approval(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. Somerset Suites Ltd. RickTu rner Applicant Signature Date April 18, 2023 Owners Signature April 18, 2023 Date e0app orptshop Council Application GROWTH & COMMUNITY DEVELOPMENT SERVICES 111ANN1 Teo CITY OF SAINT JOHN CIVIC ADDRESS 1 11 Blue Rock Court APPLICATION # I I FEE PAID I Y I N TYPE OF APPLICATION ❑ Land for Public Purposes Release Service Fee: $300 X Section 39 Amendment Service Fee: $2,650 ❑ Non -Conforming Use Service Fee: $200 ❑ Zoning By-law Amendment Service Fee: $2,500 ❑ Satisfactory Servicing Service Fee: $200 ❑ Zoning By-law Amendment with a Municipal Plan Amendment Service Fee: $3,500 DETAILED DESCRIPTION OF APPLICATION Where applicable, indicate the changes to existing Section 39 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 for further information. PROPOSAL The Subject consists of portion of PID 00367144 owned by Somerset Suites Ltd. The proposal is to renovate two furniture storage areas that are no longer required for storage of furniture and accessories used in the complex. There were several apartments previously rented fully furnished in many of the suites throughout the complex. The two storage areas are to be converted into 2 one -bedroom apartments. An amendment to previously imposed Section 39 conditions is required to increase the unit count in the overall complex from a maximum of 52 units to 54 units. A small storage shed with consistent finishes to the existing buildings is proposed to be added at a later date. With the addition of two apartments parking presently provided will continue to exceed the requirements in the "Lower West Side" Intensification Area. From our review we believe all other zoning criteria can be met to facilitate this proposal. ENCUMBRANCES Describe any easements, restrictive covenants, and other encumbrances affecting the land. The CRO for PID 00367144 indicates and easement was granted to the City of Saint John for the construction of Harbour Passage and associated structures and facilities. Conceptual drawings were prepared to stipulate the extent of easement required but to date there has been no indication of the project advancing to and through the Subject Site. Somerset Suites Ltd. also own a house at Civic # 26 Blue Rock Court. The house gains its access by travelling through the complex's parking lot by way of a historic right of way now controlled by Somerset Suites Ltd.. 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. Somerset Suites Ltd - Richard (Rick) Turner Registered Owner or Authorized Agent Additional Registered Owner Date April 20, 2023 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. 0- uC-,9b t/s 0-,n� I J/s 0-,6 1 J/s 0-,6 1 j/�: 0-,nI, v/� aosazsen �t s 'i i'i m � � � w IIII O O Lf)M0L -OILC' WmO• � O� a)IpC N E w d(D a 6 O CL co O0� U)N� m T \ a-- I y N LL IN 0 r M � L___ � L ih a o J i-� •L n i-� w v a C I h o �v LL NIW OZ �-- _----------- N J II _ II II OI I I J y ++ Q t I I allry - ----- -- ---- 0 9 o I Ui Lf) mM E LL d � �O.+ L— \ O C �: I LL Y - M2 d C d•CQ E M-0 Q:r- 0)" 0 Q r'IM o O al II �l II 00 W �0N w C C n 3 I L r t � C l0£OZSJA I I m I • II ooa v/� 0-6 a/s 9-1ro ti-.v v,, r r g95- j /. 2a; o6 "_SEP — 3 20 PID #368076, 3671", 365619, 367581 and 367573 PROVINCE OF NEW BRUNSWICK COUNTY OF SAINT JOHN I, JONATHAN TAYLOR, of The City of Saint John in the County of Saint John and Province of New Brunswick, DO HEREBY CERTIFY:- 1. That I am the Assistant Common Clerk of the said City of Saint John, 15 Market Square, P.O. Box 1971, Saint John, N.B. E21- 41-1 and as such have the custody of the minutes and records of the Common Council of the said City of Saint John and of the Common Seal of the said City. 2. That hereto attached and marked "A" is a copy of a resolution adopted pursuant to Section 39 of the Community Planning Act (Chapter C-12, R.S.N.B. 1973) at a meeting of the Common Council of The City of Saint John held on the 5th day of August, A.D. 2008. 3. That the resolution identified in the immediately preceding paragraph applies to land identified by PID Numbers 368076, 367144, 365619, 367581 and 367573 and which land is apparently owned by: City of Saint John, P.O. Box 1971, Saint John, New Brunswick, E21- 41-1. 4. That I have carefully compared the said resolution with the original and the same is a true copy thereof. D A T E D at The City of Saint John on the 2nd day of September, A.D. 2008. IN TESTIMONY WHEREOF, I, the said Common Clerk of The City of Saint John have hereunto affixed the Common Seal of the said City the day and year first hereinbefore written. Jonathan Taylor Assistant Common Clerk 169 ce" that this instrument Satteste que cet urstnanent eel is registered or tiled in the enregistrit ou d6pos6 au bureau Saint John County Registry trenregistrement du OD06 de Office, New Brunswick Saint John, Nouveatt-erurwiick SEP 0 3 M l l: a j. n(- date 6M - hears ��c�4ay9s numbs.- ttu„tiro „A De Registrar - Co w-vilmn Adpint "RESOLVED that Common Council amend the Section 39 conditions imposed on the January 8, 1989 and February 5, 1990 rezoning of a parcel of land located at Blue Rock Court, also identified as PID numbers 368076, 367144, 365619, 367581 and 367573, to permit the submitted proposal to develop a maximum of 52 dwelling units in up to three separate apartment buildings, subject to the following conditions. a) The use of the site is limited to one or more buildings containing a total maximum of 52 dwelling units, together with associated amenity areas and parking; b) The developer must design and implement a detailed site drainage plan/brief, subject to the approval of the Chief City Engineer or his designate, indicating the manner in which storm water collection and disposal will be handled; c) The developer must complete an engineering water and sewer analysis in order to determine the impact this development will have on the existing water and sewer infrastructure and also to ensure that this proposal does not exceed the current capacity of the existing systems; d) The developer must pave all parking areas, loading areas, manoeuvering areas and driveways with asphalt and enclose them with cast -in -place concrete curbs to protect the landscaped areas and to facilitate proper drainage; and e) The developer must provide all utilities underground on the site; and f) The developer must landscape all disturbed areas of the site not occupied by buildings, driveways, walkways and parking areas; g) The site shall not be developed except in accordance with a detailed site plan, landscaping plan and building elevation plans, prepared by the developer and subject to the approval of the Development Officer, indicating the location of all buildings, parking areas, driveways, loading areas, signs, exterior lighting, exterior building materials and finishes, landscaped areas and other site features; h) The approved plans mentioned in conditions (b) and (g) must be attached to the application for building permit for the development, except that such plans are not required for permit applications for site preparation; i) All site improvements (excluding landscaping), street work and extensions of municipal services and utilities must be completed prior to the occupation of any building on the site; and the landscaping must be completed within one year of building permit approval. and Common Council assent to the proposed subdivision of the subject site at Blue Rock Court with respect to any required municipal services easements and public utility easements." 170 PROPOSED SECTION 59 AMENDMENT RE: 11 Blue Rock Court Public Notice is hereby given that the Common Council of the City of Saint John intends to consider amending The City of Saint John Zoning By -Law at its regular meeting to be held in the Council Chambers on Monday August 21, 2023, at 6:30 p.m. by: 1. Amending the Section 59 conditions imposed on the September 2, 2008 rezoning of the property located at 11 Blue Rock Court, also identified as PID 00367144, to remove the maximum unit count. ,ys a e °? Laws Wssa Sine �A a a'6 a� e" ai 5' �a e y o' t r'W y REASON FOR CHANGE: To permit the development of additional units in an existing building. For details on how to inspect the amendment, or to register to participate, please contact the Office of the Common Clerk at commonclerka-saintiohn.ca. Written objections to the amendment may be provided in writing and/or verbally at the Public Hearing to be held by Common Council. To register for participation in the hearing, please contact the City Clerk's Office in advance at commonclerka-saintiohn.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 171 PROJET DE MODIFICATION DEL'ARTICLE 59 Objet : 11, Cour Blue Rock Par les presentes, un avis public est donne par lequel le conseil communal de la ville de Saint John indique son intention de modifier I'arrete de zonage de The City of Saint John, lors de la reunion ordinaire qui se tiendra dans la salle du conseil le Iundi 21 aout 2023 a 18 h 30, en apportant Ies modifications suivantes : 1. Modification des conditions de I'article 59 imposees relativement au rezonage du 2 Septembre 2008 de la propriete situee au 11, cour Blue Rock, egalement identifiee comme NID 00367144, afin de supprimer le nombre maximal d'unites. INSERT PHOTO (this is just a note to make sure the photo goes here on the web site, no need to actually insert it) RAISON DE LA MODIFICATION: Permettre le developpement d'unites residentielles supplementaires dans le batiment existant. Souhaitez-vous plus de details sur la fagon d'inspecter la modification ou de vous inscrire pour participer? Veuillez contacter le bureau du greffier commun a Common Clerk(U-)-saintiohn.ca. Les objections ecrites a la modification peuvent titre fournies par ecrit et/ou verbalement lors de I'audience publique qui sera tenue par le conseil municipal. Pour vous inscrire a I'audience, veuillez contacter le bureau du greffier municipal a I'avance a CommonClerk(@-saintiohn.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 To Donna Reardon, Mayor; On behalf of the Centre for Living Organ Donation, I would like to formally request the third week of September/week after Labour Day (this year, September 10-16) be proclaimed Living Donation Week. We are currently also looking for landmarks across Canada to be lit up in green during Living Donation Week. For those in need of a kidney or liver transplant, living organ donation may offer a shorter pathway to better health - providing faster access to transplant and a quicker recovery. Not enough Canadians know about this lifesaving option. The Centre for Living Organ Donation was created by the Ajmera Transplant Centre in 2018 to improve access to living organ donation for people who need a life-saving kidney or liver transplant and those who want to give a transformative gift of life. The Ajmera Transplant Centre at the University Health Network (UHN) is one of the largest organ transplant programs in North America. We also partner with SickKids on the largest pediatric living donor transplant program in Canada. The Centre for Living Organ Donation raises awareness, provides support, promotes research and offers hope to thousands of people across Canada who are waiting for a kidney or liver transplant - and everyone who wants to be part of their future. Living Donation Week raises awareness for living organ donation and pays tribute to the life-saving gifts of living organ donors, and the incredible resilience of transplant recipients. You can view our program for 2023 and recordings from 2022 at www.livingdonationweek.ca Proclaiming September 10-16 as Living Donation Week and/or lighting up a landmark in Saint John will celebrate the strength and resilience of our transplant recipients, living donors, caregivers and dedicated transplant teams, and give hope to those who are currently waiting for transplant. Currently the NB landmark committed to lighting up is The New Brunswick Legislature. If you have additional questions, please contact Candice Coghlan at candice.coghlan0uhn.ca or Michele McDade at michele.mcdadePhorizonnb.ca Thank you for your consideration. Candice Coghlan Education & Outreach Coordinator Centre for Living Organ Donation candice.coghlan@uhn.ca UN Michele McDade RN Living Donor Coordinator/Coordinatrice du Programme de donneurs vivants Horizon Health Network/Reseau de sante Horizon Saint John Regional Hospital P.O. Box 2100 Saint John, NB E21- 41-2 Ph(506)648-6968 Fax(506)648-6841 michele.mcdade@horizon nb.ca RCSEAU DE SANT€ elz on HEALTH NETWORK ` FM M&C No. 2023-204 Report Date August 16, 2023 Meeting Date August 21, 2023 Service Area General Counsel SUBJECT. Amendment to Agreement of Purchase and Sale with Kelson & Kelson Ltd. EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL In March 2023, Council agreed to sell a parcel of land in the McAllister Industrial Park to Kelson & Kelson Limited. The Agreement of Purchase and Sale ("APS") contemplated a closing date of April 30, 2023. Due to unforeseen circumstances, the closing date in the APS could not be met and it is necessary to amend the APS to give effect to the intention of the parties in the original agreement. COUNCIL RESOLUTION That the City enter into an Amended and Restated Agreement of Purchase and Sale with Kelson & Kelson Ltd. in the form as presented to Committee of the Whole at its meeting held August 21, 2023, and that the Mayor and Clerk be authorized to execute the said Amended and Restated Agreement of Purchase and Sale and any other documents ancillary thereto. `R Report Date August 16, 2023 Meeting Date August 21, 2023 Service Area Corporate Services SUBJECT: Royal Charter Revival and Amending Agreement EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL On November 23, 2015, Common Council directed staff to arrange terms for a temporary transfer of custody of the Royal Charter for up to 5 years. The time frame was to allow the City to find accommodation in Saint John that would meet the evaluations prepared by the Council of Archives of New Brunswick for archival holdings. To this end, a 5 year Agreement was finalized in 2017 with the Province, the term of which expired in 2022. Over the past years, staff determined that humidity and temperature -control accommodation and secure storage is not available at City Hall, the New Brunswick Museum, or the Saint John Free Public Library. The Province has agreed to an extension to the 2017 Agreement that will ensure the preservation of the Royal Charter. The purpose of this report is to seek authority for the City to enter into an agreement with the Province that will ensure the preservation of the City's Royal Charter at the provincial archives. COUNCIL RESOLUTION It is recommended that for the continued preservation of the Royal Charter and to maintain ownership by the City of Saint John, the City enter into a Revival and Amending Agreement with His Majesty the King, in right of the Province of New Brunswick in the form as presented to Committee of the Whole at its August 21, 2023 meeting; and that the Mayor and City Clerk be authorized to execute the said agreement. M&C No. 2023-200 Report Date August 09, 2023 Meeting Date August 21, 2023 Service Area Growth and Community Development Services SUBJECT: Appointment of Municipal Planning Director EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL With the resignation of the Commissioner of Growth and Community Services, there is a need to appoint a Registered Professional Planner to fulfil the professional responsibilities of City's Municipal Planning Director which are legislative requirements under the Provincial Community Planning Act. This appointment will play a key role in supporting the delivery of the Community Planning service, under the direction of the Acting Commissioner of Growth and Community services, Amy Poffenroth, P.Eng. It is recommended that Common Council appoint Jennifer Kirchner, Manager of Community Planning and a Registered Professional Planner to fulfill this legislative role on an acting basis. COUNCIL RESOLUTION It is recommended that Committee of the Whole recommend to Common Council that: While retaining her position and responsibilities as Manager of Community Planning, Jennifer Kirchner, MCIP, RPP be appointed as Municipal Planning Director pursuant to subsection 10(1)(b) of the Community Planning Act on an acting basis until such time as Council makes a permanent appointment to that position. `rrA M&C No. 2023-206 Report Date August 17, 2023 Meeting Date August 21, 2023 Service Area Growth and Community Development Services SUBJECT: Affordable Housing Grant — Kaleidoscope Social Impact EXECUTIVE SUMMARY OF COMMITTEE OF THE WHOLE REPORT FOR OPEN SESSION OF COUNCIL On January 9, 2023, Common Council adopted the Affordable Housing Grant Program Policy. On March 7, 2023, the City Announced funding recipients of the Affordable Housing Grant Program. The City is pleased to provide financial support in the form of a $200,000 affordable housing grant to assist in the development of 39 affordable housing units at 58 Broad Street/ 67Broadview Avenue. COUNCIL RESOLUTION That the City of Saint John enter into a grant agreement with I<aleidoscope Social Impact, pertaining to a $200,000 Affordable Housing Grant, generally in the form as presented to the Committee of the Whole at its August 21, 2023, meeting, and further that the Mayor and Clerk be authorized to execute the said agreement and any documents ancillary thereto.