Planning Advisory Committee Agenda. 6:00 p.m. Tuesday. January 17, 2017

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1 Planning Advisory Committee Agenda uesday January 17, :00 p.m.

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3 PLANNING ADVISORY COMMIEE uesday, January 17, :00 P.M. COUNCIL CHAMBER ADOPION OF MINUES 1. Adoption of December 13, 2016 minutes SECION 39 AMENDMEN 3. City of Saint John 50 Carleton Street OHER BUSINESS

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5 PLANNING ADVISORY COMMIEE DECEMBER 13, 2016 he regular meeting of the Planning Advisory Committee was held in the Council Chamber, Lobby Level. PRESEN Eric Falkjar, Chair Andrew Miller, First Vice-Chair Keith Brideau Councilor Gerry Lowe Anne McShane Rick Stephen Derrick Mitchell Kris McIntyre Mark Reade, Senior Planner Jody Kliffer, Planner Kristen Flood, Planner Aimee Burgess, Recording Secretary ABSEN Patrick Beamish Item 1: Adoption of Minutes It was MOVED AND SECONDED that the minutes of the November 15, 2016 meeting be approved as amended. CARRIED Item 2: AMcS/AM Pattison Outdoor Advertising

6 Planning Advisory Committee Minutes October 18, 2016 Page: 2 55 MacDonald Street Application ype: Variance Andrew Reid provided a brief update, via Power Point presentation. he applicant has proposed to erect two double-faced billboards at 55 McDonald Street that will be located side by side. he subject property is the site of the Saint John ransit Garage and Office, in addition to the East Branch Public Library. he following variances are required to enable the proposal: the location of the billboard in the Utility Service (US) Zone. to reduce the minimum side yard setback from 7.5 to 2.13 metres. to reduce the separation distance from an existing billboard from 300m to 165m. Staff recommend approval of the requested variances. hese variances are acceptable considering the location of the property, its surrounding context and future land use. he applicant, Brad Miller, owner of Pattison Outdoor Advertising, spoke in favour of staff recommendation. It was MOVED and SECONDED: 1. hat the Planning Advisory Committee grant the following variances: a. o permit the location of the billboards within the Utility Service (US) zone. b. o reduce the minimum side yard setback to 2.13 metres, whereas the Zoning Bylaw requires a minimum side yard setback of 7.5 metres. c. o permit the billboards to be located within 165 metres of an existing billboard, whereas the Zoning By-Law requires a separation distance of 300 metres. CARRIED KB/GL Item 3: Lockhart Design & Consulting Inc. 240 Prince William Street Application ype: Non-Conforming Use

7 Planning Advisory Committee Minutes October 18, 2016 Page: 3 Kristen Flood provided a brief overview, via Power Point presentation of the application to establish a restaurant that consists of a café with 10 seats within the vacant portion of the ground floor of the existing building on the subject site. hat portion of the building had a longstanding commercial use as a retail store; that was discontinued in approximately herefore, the Planning Advisory Committee must grant approval of the recommencement of a nonconforming use to permit the present proposal. In addition, the proposed use is a restaurant, which is similar to the former retail use, general retail. herefore, Committee approval is also required to change a non-conforming use to a similar non-conforming use. Staff recommend approval of the re-establishment and change of a non-conforming use as the proposed restaurant would have minimal impact on the surrounding residential area, and there are several commercial uses located in close proximity to the subject site. here were 2 letters received expressing concerns with the proposal. he applicant, Brad Lockhart, of Lockhart Design & Consulting Inc. spoke in favor of staff recommendation. He also stated the hours of operation will be 7:30am to 8pm or 9pm, that the restaurant would not have a liquor license and it would be mostly foot traffic accessing the building. Gary Vincent, the realtor who represented the owner of the building spoke in favor of staff recommendation and noted that it will be a small simple coffee shop and will be mostly take-out with coffee and food as there will be limited seating. He noted that there are multiple garbage containers in the area to reduce waste. Adam MacDonald, of 243 Prince William Street, spoke in favor of the application but expressed concerns regarding the potential for signage. Staff commented that the building in question is classified as a heritage building and because of that there must be an application to the Heritage Development Board for signage approval and the signage must also be approved by the development officer. he applicant commented the signage will be tasteful and would not include a neon light. It was MOVED and CARRIED: 1. hat the Planning Advisory Committee to grant the recommencement of a non- conforming use that has been discontinued for a consecutive period of 10 months.

8 Planning Advisory Committee Minutes October 18, 2016 Page: 4 2. hat the Planning Advisory Committee grant the change of the nonconforming use from general retail to restaurant. CARRIED Item 4: GL/KB NB Inc. 303 Westmorland Rd Application ype: Section 39 Amendment Kristen Flood provided a brief overview, via Power Point presentation, of the application for a section 39 amendment to allow for the establishment of a business office for a tour operator/travel agency within the existing building on the subject site. he applicant proposes to make no changes to the site as it was recently upgraded to meet the parking lot standards and landscaping requirements of the Zoning By-law. he site is zoned General Commercial (CG) and a business office is a permitted use in that zone; however, a Section 39 condition restricts the use to a second hand clothing store. Common Council imposed this Section 39 condition on the August 15, 2011 rezoning of the site from IL-1 Neighbourhood Institutional to B-2 General Business to allow for a previous proposal. Staff recommend that the Section 39 conditions be rescinded to allow for the present proposal as it is compatible with the surrounding area, which is on the western edge of the McAllister Regional Retail Centre. o limit the potential impact of commercial uses on the residential area, staff recommend a Section 39 condition limiting the use of the site to those permitted in the General Commercial (CG) zone with the exception of a bar, lounge, or nightclub; private club; service station; and vehicle repair garage. Gary Vincent, representing the owner, spoke in favor of staff recommendation. He stated that Collins ours & Consulting want to make the building their office and that tour buses would not be stored on the property. Staff clarified that a large construction company could not use the site for storage in the future based on the C6 zoning and noted the rear of the lot is affected by restrictions related to the Natural Gas Pipeline. It was MOVED and CARRIED: 1. hat Common Council rescind Section 39 conditions imposed on August 15, 2011 on the property located at 303 Westmorland Road.

9 Planning Advisory Committee Minutes October 18, 2016 Page: 5 2. hat pursuant to the provisions of Section 39 of the Community Planning Act, the proposed use of the parcel of land having an area of approximately 3930 square metres, located at 303 Westmorland Road, also identified as PID , be subject to a condition restricting the use of the site to the proposal and the uses permitted in the General Commercial (CG) zone with the exception of the following uses: a. Bar, lounge, or nightclub; b. Private Club; c. Service Station; and d. Vehicle Repair Garage. CARRIED AM/KB Item 5: Other Business here being no further business, the meeting adjourned at 6:39p.m. Eric Falkjar Chair Aimee Burgess Recording Secretary

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11 Date: January 13, 2017 o: From: Planning Advisory Committee Growth & Community Planning Growth & Community Development Services For: Meeting of uesday, January 17, 2017 SUBJEC Applicant: Owner: Location: City of Saint John City of Saint John 50 Carleton Street PID: , & Plan Designation: Existing Zoning: Application ype: Jurisdiction: Primary Centre Uptown Commercial () Section 39 Amendment he 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 recommendation at a public hearing on Monday, February 6, SUMMARY he City of Saint John identified the subject site as potentially being included in the Peel Plaza redevelopment in Common Council imposed Section 39 conditions on the site in Page 1 of 7

12 City of Saint John 50 Carleton Street January 13, 2017 conjunction with the February 16, 2009 Municipal Plan amendment and rezoning for Peel Plaza. However, the project is now complete and the site was not included in the redevelopment and has been deemed surplus by the City. o facilitate the sale and future reuse or development of the site, staff recommend three Section 39 conditions be rescinded that relate to the original proposal and are no longer relevant. Any future development on the site will be subject to the Municipal Plan, Zoning By-law, Drainage By-law, and all other applicable bylaws, which regulate development in the City. RECOMMENDAION 1. hat Common Council rescind the following Section 39 conditions imposed on the February 16, 2009 Municipal Plan Amendment and rezoning for Peel Plaza: Specific to the Public Plaza a) he City of Saint John provide the public with an opportunity for input on the final design of the public plaza prior to its construction. Applicable to Any Development on the Subject Property a) Municipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b) All development must be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate. DECISION HIORY he Planning Advisory Committee and Common Council approved variances and a Section 39 amendment related to the construction of the provincial justice facility, police headquarters, and parking garage in 2009, 2010, and On February 16, 2009, Common Council considered a Municipal Plan Amendment and rezoning application for the Peel Plaza development. he following approvals were granted at that meeting. 1. Common Council amended the Municipal Plan by redesignating on Schedule 6A of the Uptown Strategy, from Low Intensity Mix to High Intensity Mix, an area of approximately 51,000 square metres, identified as PID Numbers , , , , , , , , , , , , , , , , , , , , , , and a portion of Page 2 of 7

13 City of Saint John 50 Carleton Street January 13, Common Council rezoned the same parcels of land from IL-1 Neighbourhood Institutional, RM-1 hree Storey Multiple Residential, I-2 Heavy Industrial and B-2 General Business to B-3 Central Business. 3. hat pursuant to the provisions of Section 39 of the Community Planning Act, the proposed development of an area of approximately 51,000 square metres, identified as PID Numbers , , , , , , , , , , , , , , , , , , , , , , and a portion of be subject to the following conditions: Specific to the Justice Facility a. he site be developed in general accordance with the submitted site plan prepared by the developer and subject to the approval of the Development Officer, illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features. b. he structure be erected in general accordance with the submitted building elevation plans and be subject to the approval of the Development Officer. Specific to the Parking Facility a. he site be developed in accordance with a detailed site plan prepared by the developer illustrating the location of all buildings, structures, parking areas, driveways, signs, landscaping and other site features. b. he appearance of the structure be in accordance with detailed building elevation plans. c. he developer must apply to Common Council and obtain Council s agreement to amend the Section 39 conditions to include a detailed site plan and building elevation plans. d. he developer provide a traffic study identifying the impacts of the proposed parking structure on existing City streets and provide recommendations on any improvements to the street network required to facilitate the development to the satisfaction of the Development Officer and the Chief City Engineer. Specific to the Public Plaza a. he City of Saint John provide the public with an opportunity for input on the final design of the public plaza prior to its construction. Page 3 of 7

14 City of Saint John 50 Carleton Street January 13, 2017 Applicable to Any Development on the Subject Property a. Municipal servicing be provided to the satisfaction of the Chief City Engineer or his designate. b. All development must be in accordance with a detailed drainage plan, subject to the approval of the Chief City Engineer or his designate. ANALYSIS Proposal he City of Saint John owns the subject site and Real Estate Services has initiated the sale of the property and is actively recruiting market interest in these lands. Any sale of land will be subject to Council approval. he property is for sale as Common Council has deemed it surplus as the City of Saint John does not require the site, and the Saint John Arts Centre has confirmed that it does not require the site for any purpose. he proposed Section 39 amendment is to facilitate the sale and potential future development of the site by rescinding three Section 39 conditions imposed on the site in conjunction with the February 16, 2009 Municipal Plan Amendment and rezoning for Peel Plaza. hese Section 39 conditions have either been fulfilled or are no longer relevant. Site and Neighbourhood he subject site is located in the Uptown area of the City s South Central Peninsula on a prominent corner at the intersection of Carleton Street and Peel Plaza. he site was identified by the City as being potentially included in the Peel Plaza development, which was the comprehensive redevelopment of several sites, to include the police headquarters, law courts, a multi-storey parking garage, and a public plaza that is associated with the Saint John Arts Centre. While adjacent to the redeveloped properties, the subject site was not ultimately included in the redevelopment. he subject site has a historic building, which is currently vacant, but was recently used as a business office. he remainder of the site, previously used as a parking area, is vacant with an open grassed area. Municipal Plan and Zoning he subject site is designated Primary Centre by the Municipal Plan and it is zoned Uptown Commercial (). he Uptown Commercial () zone allows for a wide variety of commercial uses appropriate for the Uptown location of the site. he three Section 39 conditions the proposed amendment would rescind are related to the Peel Plaza development and are no longer relevant as the subject site was ultimately not included in that project. In addition, the conditions have already been met, as the project is now complete. he rationale for the proposed rescinding of the three Section 39 conditions is as follows. Page 4 of 7

15 City of Saint John 50 Carleton Street January 13, 2017 he condition requiring the City to provide the public with an opportunity for input on the final design of the public plaza prior to its construction relates to the public plaza that was constructed on the adjacent property to the south of the subject site. his public consultation was conducted and the final design of the plaza reflects the feedback received. he green space on the subject site was not incorporated in the public plaza; therefore, this condition is not relevant to the subject site. he condition requiring municipal servicing to be provided to the satisfaction of the Chief City Engineer or his designate is no longer relevant as the municipal servicing for the redevelopment has already be constructed and approved. In addition, if the site is developed in the future, Infrastructure Development staff has commented that any required extension of municipal services is the full responsibility and cost of the developer. he developer s engineering consultant must submit detailed engineered drawings and design brief to the City for review and approval of the City for any proposed service extensions. he condition requiring the development to be in accordance with a detailed drainage plan has been met and is no longer relevant as this requirement is included in the new Drainage By-law, which applies to all properties. In addition, if the site is developed in the future, Infrastructure Development staff has commented that he developer s engineering consultant must provide a detailed engineered storm water management plan and design report indicating how storm water collection and disposal will be handled. Any upgrades/extensions to any existing municipal infrastructure required to service any proposed development is the developer s full responsibility and cost to complete. Detailed engineering plans must be submitted by the developer s engineering consultant to the City for review and approval of the City prior to determining this. he proposed Section 39 amendment would facilitate the sale and future development of the site by removing conditions related to its development that are no longer relevant. he site was not required by the City of Saint John for the Peel Plaza redevelopment, and the Saint John Arts Centre has confirmed that it does not wish to use the site, as a result, it has been deemed surplus and is currently listed for sale. Any potential future development on the site would be subject to Municipal Plan policies, Zoning By-law requirements, and Infrastructure Development requirements as outlined above. Conclusion Staff support the proposed Section 39 amendment to rescind three conditions, and thereby facilitate the sale and future development of the subject site. he Section 39 conditions are no longer relevant as they relate to the Peel Plaza redevelopment and the site was ultimately not included in that project. In addition, the conditions have already been met, as that project is now complete. Any future development on the site would be subject to Municipal Plan policies, Zoning By-law requirements, and Infrastructure Development requirements, which ensure that development meets community standards. Page 5 of 7

16 City of Saint John 50 Carleton Street January 13, 2017 ALERNAIVES AND OHER CONSIDERAIONS No alternatives were considered. ENGAGEMEN Public In accordance with the Committee s Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on January 4, he public hearing for the rezoning was advertised in the elegraph-journal on January 12, SIGNAURES AND CONAC Prepared: Kristen Flood, MPI Planner Reviewed: Approved: Mark Reade, P.Eng., MCIP, RPP Senior Planner Jacqueline Hamilton, MURP, MCIP, RPP Commissioner Contact: Kristen Flood Phone: (506) kristen.flood@saintjohn.ca Project: Page 6 of 7

17 City of Saint John 50 Carleton Street January 13, 2017 APPENDIX Map 1: Site Location Map 2: Municipal Plan Map 3: Zoning Map 4: Aerial Photography Map 5: Site Photography Page 7 of 7

18 OU RB HA HW 00 1 Y MO N O A I CA R N LEO BA Y CA S LE GO L DIN GS N ZE A H CLI FF S MAIN GW MIDDLE 1 LON RL ES D DR AR HW Y R R OR E A CH E R S CHES D OR Fort Howe W MI L S GE O S EX M OU H O SB N ER IN NE AV R G N E O N C NO CA L ID AG M IN AZ IS MO D HW Y CA ME R OM BS E R S FIR RR HA ERY CR WE ER RK A B DR AN L CK RO PE E R SS H Y E LO E SYDN CHAR RY S City of Saint John - 50 Carleton Street LD S SFIE R O H EN S ARH AIN S ERBU CAN Saint Andrews Park H W CARM KE GERM AR N ORH M D WAR Map 1 - Site Location ER LEIN HL HE King's Square RH WO WEN MAN CHIP SMY Fort Laour KE MAR H NO R RKE H MA U SO he City of Saint John Date: December m

19 Stable Residential Commercial Corridor Commercial Corridor HWY 1 - AION SEWELL DORCHEER Medium to High Density Residential PEERS 100 HWY CARLEON WELLINGON ROW HWY MAIN Primary Centre GERMAIN HWY SMYHE SMYHE CHIPMAN HL NORH MARKE SOUH MARKE King's Square Map 2 - Future Land Use City of Saint John - 50 Carleton Street Date: December he City of Saint John 0 50 m

20 CC RC CFN ^ RC CC RC RC CC HWY 1 CC HWY ^ AION CFN CARLEON ^ ^ SEWELL WELLINGON ROW RC DORCHEER RC ^ CFN CFM ^ PEERS RC ^ ^ HWY SMYHE HWY MAIN ^ CHIPMAN HL GERMAIN US (CC) Corridor Commercial (CFM) Major Community Facility (CFN) Neighbourhood Community Facility () Uptown Commercial (P) Park Map 3 - Zoning City of Saint John - 50 Carleton Street (RC) Urban Centre Residential (US) Utility Service NORH MARKE ^ he City of Saint John Date: December King's Square P Section 39 Conditions

21 CARLEON 50 Map 4 - Aerial Photography City of Saint John - 50 Carleton Street he City of Saint John Date: December-16-16

22 Site Photography City of Saint John - 50 Carleton Street he City of Saint John Date: January-06-17