Planning Advisory Committee Agenda Special Meeting Tuesday October 2, 2018 6:00 p.m.

PLANNING ADVISORY COMMITTEE

Special Meeting Tuesday, October 2, 2018 6:00 P.M. COUNCIL CHAMBER ADOPTION OF MINUTES 1. Adoption of August 21, 2018 minutes VARIANCE 2. Hughes Surveys & Consultants Inc. on behalf of 1003 Latimore Lake Road Thomas Construction Ltd.

PLANNING ADVISORY COMMITTEE

AUGUST 21, 2018

The regular meeting of the Planning Advisory Committee was held in the Council Chamber, Lobby Level. PRESENT Eric Falkjar, Chair Rick Stephen, First Vice-Chair Keith Brideau Derrick Mitchell Councillor Gerry Lowe Kris McIntyre Jason Dewar Alex Weaver Crawford Mark Reade, Senior Planner Andrew Reid, Planner Paula Hawkins, Recording Secretary ABSENT Lourdes Clancey Item 1: Adoption of Minutes It was MOVED AND SECONDED that the minutes of the July 17, 2018, meeting be adopted. CARRIED RS/AWC

Planning Advisory Committee Minutes August 21, 2018 Page: 2

Item 2: Denise Greene-Lui 29-37 St. James Street Application Type: Variance Andrew Reid provided a brief overview, via Power Point Presentation, of the variance application to permit the use of metal cladding on a portion of the building façade of a one-unit dwelling at 29-37 St. James Street. According to the City of Saint John’s Zoning By-law, front building facades for the construction of new buildings in the Urban Centre Residential (RC) zone “shall only have cladding comprised of brick, stone, cementitious material, or wood, or any combination thereof.” The building will be clad in a combination of stone, wood and metal. The portion requiring the variance is the two and a half storey tower, which is to be clad in dark charcoal steel siding running in a vertical pattern. The character of St. James Street and surrounding area is varied and encompasses a mixture of detached, semi-detached, apartment buildings and condominium style buildings. These range in design and in façade materials from wood and vinyl clad dwellings to brick buildings and corrugated steel clad buildings. It was staff’s view that the material is integral to the building form and the proposal would positively complement a neighbourhood that is varied in terms of the design and appearance of its built form. Denise Greene-Lui, applicant and owner of the property, appeared before the Committee and agreed with Staff recommendation. One letter was received in opposition to the application. The Committee discussed the modern design and character of the building and noted the project is a good infill of vacant land in this neighbourhood. It was MOVED and SECONDED that the Planning Advisory Committee grants the requested variance. CARRIED GL/RS

Planning Advisory Committee Minutes August 21, 2018 Page: 3

There being no further business, the meeting adjourned at 6:13 p.m. __________________________ ___________________________ Eric Falkjar Paula Hawkins Chair Recording Secretary

Page 1 of 8

Date: September 28, 2018

To: Planning Advisory Committee From: Growth & Community Planning

Growth & Community Development Services For: Meeting of Tuesday, October 2, 2018 SUBJECT

Applicant: Hughes Surveys & Consultants Inc. on behalf of Thomas Construction Ltd.

Owner: Thomas Construction Ltd.

Location: 1003 Latimore Lake Road

PID: A portion of PID No. 00333757

Plan Designation: Rural Resource Zoning: Rural (RU)

Application Type: Temporary Approval

Jurisdiction: The Zoning By-law authorizes the Planning Advisory Committee to permit, for a temporary period of up to one year, a development otherwise prohibited by the By-law. The Committee can impose conditions.

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 2 of 8

SUMMARY

Temporary approval would enable aggregate extraction within a 1.5 hectare site so that Thomas Construction may continue to operate for a period of one year and fulfill existing contracts. The applicant plans on submitting a revised rezoning application in 2019, but has indicated that the need for new material is immediate and therefore the temporary approval has been applied for in the interim. In terms of the land use, the proposal meets policy set out in the Municipal Plan and the standards set out for the Pit and Quarry (PQ) Zone. The subject property is sufficiently setback from any nearby residential uses and buffered from adjacent properties. It is staff’s view that the temporary approval can be supported in the interim of a rezoning application, providing the conditions are met as outlined in this report, with particular regard to rehabilitation.

RECOMMENDATION

That the Planning Advisory Committee approve on a temporary basis the excavation of aggregate at 1003 Latimore Lake Road subject to the following conditions:

1. All operations shall be subject to the standards set out in the Pit and Quarry (PQ) Zone, including setbacks, access, hours of operation, screening, site rehabilitation, submission of plans, stormwater drainage, and obtaining a development permit.

2. The period of temporary approval shall be valid until October 2nd 2019.

3. Notwithstanding Clause 2, temporary approval will cease to be in effect upon the

following conditions:

a. A rezoning is approved which establishes the PQ Zone on the subject property.

b. In the event that that the southern portion of PID No. 00331124 where unauthorized excavation was identified in 2018 and included as Map 5 in the appendix is not rehabilitated to the satisfaction of the Development Officer by May 31, 2019.

4. The area of excavation of the site shall be limited to the 1.5 hectare area (excluding

access road) illustrated on the plan submitted by Hughes Surveys & Consultants Inc. titled “Plan showing area proposed as a temporary aggregate extraction site,” dated September 17, 2018. No other area zoned Rural (RU) shall be used, except for the access road also indicated on the application.

5. All access to the site shall be limited to the existing driveway access located at 1003 Latimore Lake Road (PID No. 00329409). No access to the site is to be permitted through Pipeline Road East or at any other location.

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 3 of 8

6. In addition to a 30 metre treed buffer separating the subject property from municipally-owned land to the north, a berm must be constructed to provide further separation from the municipal water transmission main prior to excavation.

7. Vibration monitoring is required should there be any blasting proposed for the aggregate extraction operation due to the proximity to existing major municipal water transmission mains. Peak particle velocity should not exceed 12 mm per second. This maximum peak particle velocity may be lower at lower frequencies. Monitoring is to be completed by a geotechnical engineering firm and results signed off by a geotechnical engineer.

DECISION HISTORY

On September 10, 2018 Common Council denied a request to present made by Mr. Colwell on behalf of Thomas Construction. At the same Council meeting, a staff report advised Council of potential planning application options, which included a temporary approval application related to the subject property. On July 30, 2018 Common Council held a Public Hearing for a rezoning application from Thomas Construction to expand its gravel pit operation at 1003 Latimore Lake Road and voted to deny the rezoning application. On July 17, 2018 the Planning Advisory Committee considered a rezoning application by Thomas Construction and voted unanimously to recommend approval of the application to Common Council. On February 19, 2001 Common Council rezoned an existing gravel pit operation at 1003 Latimore Lake Road from “RS-1” One and Two Family Suburban Residential and “RS-1M” One and Two Family Mobile Home Suburban Residential to Pit and Quarry (Pit and Quarry (PQ). The rezoning comprised one of a number of existing gravel pits that were being rezoned at the time to bring properties under the newly created Pit and Quarry (PQ) zone. On January 19, 2001 Planning Advisory Committee approved setback variances from property lines and residentially designated property to allow a setback of 30 metres (with reference to the front area of the property in particular) and a 0 metre setback along the property line shared by Lafarge (now Quality Concrete Inc.). These were granted to maintain what was recognized as the current approved plans and existing features prior to the rezoning to Pit and Quarry (PQ). On August 3, 1993 Common Council amended its conditions for the operation of a non-conforming use at 1003 Latimer Lake Road to include a list of 17 conditions related to the incorporation of a demolition debris disposal site into the rehabilitation plans of an existing gravel pit.

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 4 of 8

ANALYSIS

Proposal An application has been received for temporary approval to excavate a maximum of 150,000 m3 volume of aggregate on a 1.5 hectare site at 1003 Latimore Lake Road. Thomas Construction operates an existing gravel pit at 1003 Latimore Lake Road; however, supply is nearly exhausted. Additional land is required for the type of aggregate needed to satisfy ongoing contracts for projects such as the P3 water treatment facility. In the interim of submitting a new rezoning application, the applicant has requested a temporary approval. Site and Neighbourhood The subject property consists of 1.5 hectares of forested land. The property lies to the northeast of a longstanding gravel pit operation, which has been in existence since 1973. The site is zoned Rural (RU), which accommodates resource-related activities, but not aggregate extraction. Under the Municipal Plan, the site is designated Rural Resource Area, which is intended to facilitate resource related activities including pit and quarries. An existing gravel pit was brought within the PQ zone in 2001, as part of the new Pits and Quarries strategy. In 2018, a stop work order was issued to the applicant for unauthorized excavation that had been occurring on an adjacent PID not zoned for aggregate extraction. This area was nearby residential development off Latimore Lake Road. For further information, the history of this enforcement case has been attached to this report and a condition has been included to ensure rehabilitation of this area is completed prior to May 31, 2019. The subject property and existing gravel pit are located between Pipeline Road East and Latimore Lake Road in the City’s east side. Pipeline Road East contains a major municipal water transmission main and the condition of a berm has been recommended to provide further buffering of this infrastructure from any excavation. Thomas Construction’s gravel pit is bordered by a separate gravel pit operation to the west. The land to the northeast is largely undeveloped, represents a logical area for expansion as a future land use given its distance from any nearby residential use, and is the location of the subject property. Temporary Approval Background

- On July 17, 2018, a proposal to rezone 21 hectares of land from Rural (RU) to Pit and

Quarry (PQ), including the area that is the subject of the current Temporary Use application, was heard by the Planning Advisory Committee. The application was initially submitted as a temporary approval and rezoning application, however, the application for temporary approval was withdrawn. No members of the public attended the PAC meeting. Furthermore, no correspondence for or against the rezoning was received. One letter of concern was received from the adjacent pit operator, Quality Concrete, with

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 5 of 8

respect to the temporary approval; however, this letter did not form part of the record as that portion of the application had been withdrawn. The Committee unanimously approved the rezoning.

- On July 30, 2018, Council held a public hearing for the rezoning proposal. Again, no written objections were received. One resident attended the hearing and voiced support for the rezoning but stated concern on the grounds of the proposed hours of operation, 7:00 a.m. – 8:00 p.m. (These hours are standard as per the Pit and Quarry (PQ) Zone). Some members of Council expressed concerns with the unauthorized excavation which occurred in relation to the Thomas Construction gravel pit. Council denied the rezoning in a 6-3 vote.

- On August 20, 2018, Thomas Construction requested to present to Council on his rezoning application to “provide clarification of the misinformation given to Council” at the public hearing. Council referred the request to the City Manager for advice on procedure.

- On September 10, 2018, Council denied the request to present and directed staff to continue to advise Thomas Construction on options available for a revised planning application. (This report has been included in the attachments).

Authority and Similar Applications The Committee’s authority to consider a temporary approval application is set out in section 53(2)i(i) of the Community Planning Act and on numerous cases, it has been the determination of the City Solicitor’s Office over the years that according to the Act, excavations may be granted temporary approval by the Committee. In addition, the City Solicitor’s Office has determined that the Committee has the authority to grant a temporary use approval where a rezoning to accommodate the use has been denied by Common Council. Previous applications for temporary approvals to perform excavation work have included 475 Latimore Lake Road (1999), 1400 Acamac Backland Road (1997), and 331 Red Head Road (1995). It should also be noted that at the time of these cases, a Pits and Quarries strategy that informed the Pit and Quarry (PQ) zone was still being developed.

- The case at 475 Latimore Lake Road bears resemblance to the application at hand in terms of process but not in substance. A temporary approval for 198,000 m3 aggregate extraction was requested to fulfill a short term contract to provide gravel primarily to the Wal-Mart development, along with a rezoning to secure longer term gravel pit operation. Both applications were recommended for denial by staff on the basis of residential use conflict with gravel pit operations. Thirty-seven Letters and a 275-name petition were submitted in opposition to the proposal. Nevertheless, the Committee approved the temporary approval for a limited period.

- The case at 1400 Acamac Backland Road was general in nature. Temporary approval was sought for approximately 90,000 m3 of material to satisfy the owner’s demands for potential contracts to the nearby Solid Waste facility. Staff recommended denial based

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 6 of 8

on the isolation of the subject property and potential servicing costs, as well as the property’s “Open Space” designation, which was intended primarily for parks and recreational type use. The Committee concurred and the application was denied.

- The case at 331 Red Head Road is distinguished by the application at hand because the excavation proposal was directly related to an adjacent lagoon project, with a definite timetable and detailed excavation and rehabilitation plans. Here, staff recommended approval and the Committee concurred.

Land Use In evaluating prior decisions for similar temporary approvals, this proposal is found to be supportable because of the lack of any nearby residential uses and the property’s zoning and future land use designation. The subject property represents a smaller area than what was previously proposed through the rezoning and staff’s recommendation remains consistent. Rehabilitation The property owner is required to commence site rehabilitation within four months passing following the date of the last development permit. As per the PQ Zone standards, a security deposit will be required to cover the estimated cost of rehabilitation of the site, determined by the Development Officer, prior to issuance of the development permit. Given the temporary nature of the approval, a timeline for rehabilitation of the site is therefore ensured whether a rezoning is successfully obtained or not. Conclusion A temporary approval with conditions represents an interim solution to enable aggregate extraction that is within the authority of the Committee to grant. In evaluating prior decisions regarding temporary approval for excavation, the proposal is distinguished by its location, its future land use and the lack of opposition shown throughout the public process. Provided the recommended conditions are upheld, the approval may allow the applicant to meet specific contractual needs, while still meeting the intent of the PQ Zone in the interim of a rezoning application. ALTERNATIVES AND OTHER CONSIDERATIONS

The Committee may amend the proposed conditions or deny the application.

ENGAGEMENT

Proponent The proponent engaged the neighbourhood during the initial rezoning proposal through a letter drop-off. Additional engagement was conducted with neighbours for this application.

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 7 of 8

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 September 21, 2018.

SIGNATURES AND CONTACT

Prepared:

Andrew Reid , MPI Planner

Reviewed: Approved:

Mark Reade, P.Eng., MCIP, RPP Senior Planner

Jacqueline Hamilton, MURP, MCIP, RPP Commissioner

Contact: Andrew Reid Phone: (506) 658-4447

E-mail: andy.reid@saintjohn.ca Project: 18-184

Hughes Surveys & Consultants Inc. 1003 Latimore Lake Road September 28, 2018

Page 8 of 8

APPENDIX

Map 1: Site Location

Map 2: Municipal Plan

Map 3: Zoning

Map 4: Aerial Photography

Map 5: Area of Unauthorized Extraction

Applicant Submission 1: Site Plan of Area for Temporary Approval

Applicant Submission 2: Attachment A: To an Application for a Temporary Use of a Site for

Aggregate Extraction

Attachment 3: Council Report dated September 5, 2018 re: John Colwell Rezoning

application for 1003 Latimore Lake Road

Attachment 4: Report to Planning Advisory Committee dated July 13, 2018 re: 1003

Latimore Lake Road Rezoning

KAREN ST

ELD

ERSL

EYAV

LATIMORE LA

KE RD

BUSTINBLVD

ALLEN RD

GIBBO

NAV

NORRIS

RD

VEY R

D

GREENWOO

D ST

MALLOR

YST

JAVIN HILL DR

LAC

KIERD

WHELLY

CT

ASIED ST

WAY

NES

WAY

NADIANAW

AY

LITLLERIVER

RD

SECORD ST

NICOLLE

RD

MALLETTE RD

FALLDR

SU

SANDR

MARIACR

Map 1 - Site LocationHughes Surveys Ltd. - 1003 Latimore Lake Road

Date: September-21-18The City of Saint John

0 400m

PIPE LINE RD E

RuralResource

RuralResource

Park andNatural

Area

Map 2 - Future Land UseHughes Surveys Ltd. - 1003 Latimore Lake Road

Date: September-21-18The City of Saint John

0 50 m

LOCH LOMOND RD

NOVA DR

PIPE LINE RD E

BUSTINBLVD

ALLEN RD

LATIMORE LAKE RD

WHELLY

CT

GIB

BO

NAV

LITLLERIVER

RD

NICOLLE RD

ELD

ER

SLEY

AV

FALLDR

SU

SAN DR

RU

EP

EP

EP

RU

RU

P

RU

RU

RU

CFN

US

PQ

CRG

CRG

CRG

CRG

RR RRRR

RR

RRRRRR

RR

RRRR RR

RR RRRR

RRRR RRRR

RR

RR

RR RR

RR

RR

RR RR RRRRRR

RR

RR

RR

RR RL

Map 3 - ZoningHughes Surveys Ltd. - 1003 Latimore Lake Road

Date: September-21-18The City of Saint John

0 200 m

(CFN) Neighbourhood Community Facility

(CRG) Rural General Commercial

(EP) Environmental Protection

(P) Park

(PQ) Pit & Quarry

(RL) Low-Rise Residential

(RU) Rural

(RR) Rural Residential

(US) Utility Service

^ Section 39 Conditions

PIPE LINE RD E

1003

Map 4 - Aerial PhotographyHughes Surveys Ltd. - 1003 Latimore Lake Road

Date: September-21-18The City of Saint John

0 100 m

BUSTINBLVD

ALLEN RD

LATIMORE LAKE RD

SAVOY LN

SPRING

DR

NICOLLE

RDPIPE LINE RD

E

FALL DR

SUSAN DR

ELDERSLEY AV

Map 5 - Unauthorized ExtractionHughes Surveys Ltd. for Thomas Construction - 1003 Latimore Lake Road

Date: June-27-18The City of Saint John

0 225 m

HUGHES SURVEYS & CONSULTANTS INC. NB LAND SURVEYORS, CONSULTING ENGINEERS

575 CROWN STREET, SAINT JOHN, NB E2L 5E9 (506) 634-1717 FAX (506) 634-0759

September 20, 2018 Our file Y17008

Mr. Mark Reade, MCIP Growth & Development Services City of Saint John 10th Floor, City Hall Saint John, NB

Re: Application for Temporary Use Thomas Construction Property, Latimier Lake Area.

Dear Mark,

Please find enclosed the following for the temporary use application noted above: • General Application Form and PAC Application Form;• Our clients cheque in the amount of $300 for the application fee;• Copy of Preliminary Site Plan (3) showing proposed temporary use site proposed and

access.

Details of the proposal are outlined in the application. Once you have reviewed the enclosed material if you have any questions, please do not hesitate to contact me. A digital submission to Onestop is being forwarded.

Yours truly,

HUGHES SURVEYS & CONSULTANTS LTD.

Richard Turner Encl.

Applicant Submission 1

Revisions Date ByNo.

Drawing Title

1 : 1000CADD By ScaleChk'd by

Project No.

HORZ.

Phase

# #################### ##########

Revision Sheet

B.E.S.

# #

R.E.T

Y16-265

###

SURVEYORS - ENGINEERS

HUGHES

Hughes Surveys & Consultants Inc.

PLAN SHOWINGAREA PROPOSED AS A TEMPORARYAGGREGATE EXTRACTION SITELATIMORE LAKE AREASAINT JOHN, N.B.

SEPT 17, 2018

NOTES

MAXIMUM EXTRACTION VOLUME150,000 m³

BASE OF EXCAVATION 95

THERE ARE TO BE NO HAZARDOUSMATERIALS OR EXPLOSIVES STOREDON THIS SITE

Attachment "A" To an Application for a Temporary Use of a Site

for Aggregate Extraction

Included with this application is a plan outlining the area we propose for the above noted use. The plan illustrates the area as it would be rehabilitated based on full excavation of the site assuming no further excavation would take place. The area requested is very remote to residential properties and there are no residential dwellings in close proximity. It will be operated as a small aggregate extraction site to supply sand, gravel and crushed or screened material. New stockpiles will be located within the proposed temporary use area requested or on PID 00329403 which is properly zoned. The base of the excavation is proposed to go no deeper that geodetic elevation 95 metres.

Through clerical errors the operator had been extracting material and rehabilitating the area on property they own that is not appropriately zoned. This was brought to their attention this season and they have ceased extraction activities and have rehabilitated that area. The clerical over-site that resulted in the extraction stoppage has jeopardized their ability to provide material for a number of contractors working primarily on municipal contracts such as the P3 water treatment facility and related piping projects. In order to fulfill the needs of their customer’s approval of a Temporary Use Site for aggregate extraction is being requested for a one year period.

Thomas Constructions primary source of good quality sand and gravel in their Latimer Lake pit (PID 00329403) is in short supply. It has a large quantity of good quality clay but there is presently no demand for that product. The company expected to have an additional area rezoned by this time with a supply of sand and gravel to allow them to continue operating. Unfortunately questions and comments brought up at the recent rezoning hearing at council after the public hearing closed had a negative effect on the outcome and in our view a decision was made without the benefit of the full sequence of events and facts.

Information that was used to judge the application was incomplete and in some cases incorrect. It painted a picture of a rogue operator showing a disregard for the bylaws therefore some councilors took a negative view of the application and voted to deny the requested rezoning. Based on our experience this was highly unusual and unfair to the proponent to have who was applying overshadow the land use matter which was the matter at hand. The vote was more focused on the proponent than the land use matter before council. Procedural requirements did not allow the proponent the opportunity to provide additional information to council that would have likely resulted in council having a different view of the proponents credibility. Never-the-less, as stated above, the application was in connection with a land use matter and should have been judged accordingly.

The company is working on a plan to have the rezoning reheard which could take place early in 2018 but could be delayed for up to one year due to procedural requirements. I the meanwhile we have been considering options with city staff that might allow the company to stay in business. The only short term option was determined to be making a temporary use application.

Thomas Construction Ltd. has been in the aggregate and trucking business for nearly 100 years and employs approximately 20 people. It is an important supplier to the local construction industry and has been a highly competitive operator. This benefits the city and other levels of government in their procurement of construction projects; contractors and builders; and residents of the Greater Saint John region who require their products. The proposed site has good quality sand and gravel which is the primary product used by the company to serve its customers.

Permission to operate an aggregate extraction site for a temporary period as proposed is respectfully requested.

Respectfully Submitted, Hughes Surveys & Consultants Inc.

Richard Turner

Applicant Submission 2

COUNCIL REPORT M&C No. # MC 2018-255

Report Date August 31, 2018

Meeting Date September 10, 2018

Service Area Growth and Community Development Services

His Worship Mayor Don Darling and Members of Common Council

SUBJECT: Request to Present to Council - Rezoning application for 1003 Latimore Lake Road – Thomas Construction Ltd. (John Colwell)

OPEN OR CLOSED SESSION This matter is to be discussed in open session of Common Council.

AUTHORIZATION

Primary Author Commissioner/Dept. Head City Manager

Jacqueline Hamilton Jacqueline Hamilton Neil Jacobsen

RECOMMENDATION

It is recommended that Council:

1. Receive and file this report, and2. Deny the request to present made by John Colwell on behalf of Thomas

Construction Ltd, dated August 15th, 2018. Further, staff will continue toadvise on options available to Thomas Construction Ltd forconsideration of a planning application.

EXECUTIVE SUMMARY

At a public hearing that was held before Common Council on July 30th, 2018, Common Council considered and denied a rezoning application made by John Colwell on behalf of Thomas Construction Ltd. to expand the existing gravel pit at 1003 Latimore Lake Road to encompass portions of PID Nos. 00321124 and 00333757, which are presently zoned “Rural”.

On August 15th, 2018, Mr. Colwell filed with the Common Clerk a request to present to Common Council. In particular, the nature of the request to present was framed as follows: “To provide clarification of the misinformation given to Council at the rezoning application on July 30, 2018 for the property at 1003 Latimore Lake Road.” The request went on the explain further that “At a Common Council meeting on July 30th, 2018, Saint John City Council voted to reject a rezoning application for the property at 1003 Latimore Lake Road. I submit that Common Council based their decision on misinformation provided to

130

Attachment 3

- 2 -

them by City Staff. I would like to provide clarification in that City Staff permitted a Pit and Quarry operation at the property in the years 2015, 2016 and 2017.” At its meeting of August 20th, 2018, Common Council referred the request to present to the City Manager. The purpose of this report is to respond to the substance of the request to present, namely the suggestion that City Staff misinformed Common Council at the July 30, 2018 public hearing, with the corresponding recommendation that such request be denied. PREVIOUS RESOLUTION At its July 30th, 2018 meeting, Common Council considered a rezoning application by Thomas Construction Ltd. to expand its gravel pit operation at 1003 Latimore Lake Road and voted to deny the rezoning application. On August 20th, 2018, Common Council referred the request to present submitted by John Colwell on behalf of Thomas Construction Ltd. to the City Manager. STRATEGIC ALIGNMENT N/A

REPORT At its July 30th, 2018 meeting, Common Council denied a rezoning application by Thomas Construction Ltd. to expand its gravel pit operation at 1003 Latimore Lake Road to include 21 hectares of land on adjacent parcels. On August 15th, 2018, Mr. Colwell submitted a request to present to Common Council regarding Thomas Construction Ltd.’s rezoning application and at the August 20th 2018 meeting of Common Council, this request was referred to the City Manager. Mr. Colwell submits that Common Council’s decision was based on “misinformation provided to them by City Staff” and his request, as reproduced above, sought “to provide clarification in that City Staff permitted a Pit and Quarry operation at the property in the years 2015, 2016 and 2017”. In particular, during the public hearing respecting the rezoning application, some questions were posed by members of Common Council to City Staff which pertained to the excavation permitting history at 1003 Latimore Lake Road. During one particular exchange, Councillor Lowe inquired as to whether annual permits were issued in the years 2016 and 2017 after confirming that a permit had been issued in 2015, subject to certain requirements, to which Ms. Poffenroth responded that no excavation permits were issued in respect to years 2016 and 2017.

131

- 3 -

The claim that City Staff “misinformed” Common Council respecting the excavation permitting history at 1003 Latimore Lake Road is inaccurate. It should be noted as well that the answers offered by City Staff to the inquiries that were made at the public hearing on July 30th, 2018 respecting the excavation permitting history at 1003 Latimore Lake Road were offered at a high level in response to the specific questions that were asked by members of Common Council. Below, a more detailed explanation is provided in order to address the submissions that form the basis of the request to present. Excavation and Permitting History The pit operation located at 1003 Latimore Lake Road is a long standing operation dating back to the 1970s and has been operated by Thomas Construction Ltd. since the 1980s. In 2001, part of the property was rezoned from “Residential” to “Pit and Quarry” together with a variance to reduce the setbacks from property lines to residentially zoned property to 30 metres. This rezoning placed the long-standing pit and other aggregate and extraction operations in the zoning classification specifically for pits and quarries. For the benefit of context, and as was explained at a high level at the July 30th, 2018 public hearing, excavation permits are issued by the City on an annual basis under the applicable Zoning Bylaw provisions for pit and quarry operations. Operations are reviewed annually against applicable standards in the Zoning Bylaw related to aspects such as excavation areas, setbacks, access, hours of operation, screening and rehabilitation requirements to mitigate land-use impacts related to these operations. Details of the annual excavation permit applications respecting 1003 Latimore Lake Road for the period between 2015 and present, which was the period covered by the inquiries made at the July 30th, 2018 public hearing, are as follows:

In 2015, an application for an excavation permit was made in respect of PID No. 00329409. With it, the required permit fee of $1,100 was submitted; however, insufficient security was provided. At that time, certain portions of the operation were noted to be in violation of the Zoning Bylaw as they extended into required buffer zones and, more generally, into areas not zoned for Pit and Quarry use. Once the required security was obtained, the application for an annual excavation permit was issued by the City for the legal aspects of the operation. In correspondence provided to Mr. Colwell at that time, the violations were

132

- 4 -

noted and he was advised to bring the property into compliance with the terms of the Zoning Bylaw.

In the years 2016 and 2017, respectively, annual excavation permitapplications were again received in respect of PID No. 00329409together with the required permit fee of $1,100.00. Upon review, theCity observed violations and further encroachment within requiredbuffer zones, contrary to the direction that had been attached to the2015 permit and the terms of the Zoning Bylaw. Consequently, the Citydid not issue excavation permits in either 2016 or 2017. No formalenforcement action was pursued at this time. Similar to the otherapplication decisions rendered pursuant to the Zoning Bylaw, theexcavation permit fees were not refunded. During these years, ThomasConstruction Ltd. did receive City contracts to supply gravel.

In 2018, an annual excavation permit application was received togetherwith the applicable permit fee of $1,100.00. Upon review, the City notedviolations and further encroachment within required buffer zones.Subsequently, issues with the type of security being provided werenoted. Growth and Development prioritized enforcement action on pitswith violations in proximity to residential properties in 2018 and theThomas Construction Ltd. pit at 1003 Latimore Lake Road was one of twoidentified for formal enforcement action. Staff issued a letter in May,2018 advising Thomas Construction Ltd. to cease operations until theviolation could be remedied. Following the City’s refusal of a 2018excavation permit to Thomas Construction Ltd., the City’s contract forthe supply of gravel was revoked. When work continued on theproperty, a Stop Work Order was issued for the improperly zonedproperties, being PID Nos 00334946 and portions of 00331124.

Following the formal enforcement action in 2018 and the non-issuanceof the excavation permit earlier this year, a rezoning application for theupper portion of the property not included in the Pit and Quarry Zonewas made by Thomas Construction Ltd. This was pursued after ThomasConstruction Ltd. advised that they had insufficient material left in theproperly zoned areas to meet their anticipated short term demands.Staff sought a commitment from the applicant on rehabilitation plans forthe areas improperly zoned and where encroachment occurred withinthe required buffer zones. A commitment was secured for allrehabilitation to be completed by October 31, 2018. With thiscommitment and revised securities, the 2018 excavation permit wasissued as detailed in the permit issuance letter. As is noted at the outsetof this report, the rezoning application was denied by Common Councilfollowing the public hearing of July 30th, 2018.

133

- 5 -

Other Planning Options

There are other procedural options available to Thomas Construction Ltd. Should they wish to submit a revised planning application for consideration, section 2.10(c) of the Zoning Bylaw establishes a provision whereby Common Council has denied a rezoning application that it cannot be re-considered within a period of one year unless deemed to be “substantially different”. Staff has advised Mr. Colwell that the options of submitting a revised proposal or waiting a year to have the same proposal considered are available to him under the provisions of the Zoning Bylaw. Moreover, Mr. Colwell has requested that City Staff review the potential for him to apply for what is known as a “temporary approval” from the City’s Planning Advisory Committee to permit excavation on an interim basis while the revised rezoning application is being processed. The authority to grant temporary approval in this case is under review by City Staff and, if applicable, can be granted for a period of up to one year.

Request to Present to Common Council

From a procedural perspective, the public hearing respecting the rezoning application that was heard by Common Council on July 30th, 2018 has concluded. Accordingly, the request to present could not serve the purpose of reviving, reconsidering or continuing the concluded public hearing. Moreover, the additional information respecting the excavation permitting history that has been provided above is directly responsive to the submission by Mr. Colwell that City Staff “misinformed” Common Council at the July 30th, 2018 public hearing. Excavation permits were issued in 2015 and 2018. No excavation permits were issued in 2016 or 2017. This accords with the high level response that Ms. Poffenroth offered at the public hearing of July 30th, 2018 in response to the question in that regard.

In view of these considerations, it would be in order to deny the August 15th, 2018 request to present to Common Council that was made by Mr. Colwell on behalf of Thomas Construction Ltd. In the interim, City Staff shall continue to work with Thomas Construction Ltd. as it explores other options that may be available to it.

SERVICE AND FINANCIAL OUTCOMES

N/A

INPUT FROM OTHER SERVICE AREAS AND STAKEHOLDERS

This report has been reviewed by the City Solicitor’s Office and Procurement.

ATTACHMENTS None

134

Page 1 of 8

Date: July 13, 2018

To: Planning Advisory Committee

From: Growth & Community Planning Growth & Community Development Services

For: Meeting of Tuesday, July 17, 2018

SUBJECT

Applicant: Hughes Surveys & Consultants Inc. on behalf of Thomas Construction Ltd.

Owner: Thomas Construction Ltd.

Location: 1003 Latimore Lake Road

PID: A portion of 00333757 and a portion of 00331124

Plan Designation: Rural Resource

Existing Zoning: Rural (RU)

Proposed Zoning: Pit and Quarry (PQ)

Application Type: Rezoning

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 recommendation at a public hearing on Monday, July 30, 2018.

Attachment 4

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 2 of 8

SUMMARY

The application proposes to rezone approximately 21 hectares of land from Rural (RU) to Pit and Quarry (PQ) at 1003 Latimore Lake Road. The rezoning would constitute a 15 hectare expansion of an existing gravel pit, with a remaining 6 hectares held for possible clay extraction. Section 59 conditions are being recommended to ensure a phasing plan is put in place for any expansion, and that appropriate treatment of nearby City infrastructure is considered as well as storm water. Additional Section 59 conditions are being recommended to ensure a rehabilitation timeline is met with respect to an enforcement case on a 1.5 hectare portion of PID Number 00331124 located south of the rezoned area where unauthorized extraction activities have occurred.

RECOMMENDATION

1. That Common Council rezone a 21 hectare parcel of land located at 1003 Latimore Lake

Road, also identified as a portion of PID No. 00331124 and a portion of PID No. 00333757, from Rural (RU) to Pit and Quarry (PQ).

2. That, pursuant to the provisions of Section 59 of the Community Planning Act, the use of the parcel of land with an area of 21 hectares, located at 1003 Latimore Lake Road , also identified as a portion of PID No. 00331124 and PID No. 00333757, for the use of a gravel pit, be subject to the following conditions:

a. Undertake site development in accordance with a detailed site plan, which

includes a phasing plan and method of excavation.

b. All access to the site be limited to the existing driveway access located at 1003 Latimore Lake Road (PID No. 00329409). No access to the site is to be permitted through Pipeline Road East or at any other location.

c. Vibration monitoring is required if there is ever any blasting proposed at the

gravel pit due to the proximity to existing major municipal water transmission mains. Peak particle velocity should not exceed 12 mm per second. This maximum peak particle velocity may be lower at lower frequencies. Monitoring is to be completed by a geotechnical engineering firm and results signed off by a geotechnical engineer.

d. An engineered storm drainage submission must be provided for excavation and

rehabilitation activities. If the existing settlement pond is to be used for drainage this submission should indicate how this is to be achieved.

e. In addition to a 30 metre treed buffer separating the subject property from

municipally-owned land to the north, a berm be constructed to provide further separation from the municipal water transmission main.

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 3 of 8

f. That the southern portion of PID No. 00331124 where unauthorized excavation

has occurred be rehabilitated by October 31, 2018, in accordance with the site rehabilitation standards outlined in the Pit and Quarry (PQ) Zone, which includes sloping and vegetation.

DECISION HISTORY

On February 19, 2001 Common Council rezoned an existing gravel pit operation at 1003 Latimore Lake Road from “RS-1” One and Two Family Suburban Residential and “RS-1M” One and Two Family Mobile Home Suburban Residential to Pit and Quarry (Pit and Quarry (PQ). The rezoning comprised one of a number of existing gravel pits that were being rezoned at the time to bring properties under the newly created Pit and Quarry (PQ) zone. On January 19, 2001 Planning Advisory Committee approved setback variances from property lines and residentially designated property to allow a setback of 30 metres (with reference to the front area of the property in particular) and a 0 metre setback along the property line shared by Lafarge (now Quality Concrete Inc.). These were granted to maintain what was recognized as the current approved plans and existing features prior to the rezoning to Pit and Quarry (PQ). On August 3, 1993 Common Council amended its conditions for the operation of a non-conforming use at 1003 Latimer Lake Road to include a list of 17 conditions related to the incorporation of a demolition debris disposal site into the rehabilitation plans of an existing gravel pit.

ANALYSIS

Proposal The applicant is seeking to rezone a 21 hectare area of land from Rural (RU) to Pit and Quarry (PQ) for the purpose of expanding an existing gravel pit. Approximately 6 hectares of the subject property is to be held for potential clay extraction. The rezoning was initiated as a result of an enforcement case to the south where unauthorized excavation was occurring outside of the (PQ) zone. The area to be rezoned represents a suitable expansion area. The distance from the nearest residentially-zoned property exceeds the buffer requirements of the (PQ) zone, with a distance of 230 metres. The nearest residence lies 300 metres to the east of the property line of the subject property. Site and Neighbourhood The subject property comprises 21 hectares of vacant land owned by Thomas Construction, accessed off an existing driveway at 1003 Latimore Lake Road. A gravel pit has existed in the area since 1973 with Thomas Construction operating in the area since at least 1986. Thomas’

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 4 of 8

operation shares a portion of its access with a separate pit (Quality Concrete) which lies immediately to the west. Excavation has occurred right up to the property lines of the two pits with no buffer maintained. This requirement for no buffer between operators was formalized through a variance in 2001. In 2000, the City began consultations with 21 existing gravel pit and quarry operations prior to amending the Zoning Bylaw with a new (PQ) zone. Thomas’ property was an early adopter of the (PQ) zone standards with 27 hectares (PID #00329409) rezoned in January of 2001. There has been no expansion since that time. Rezoning of the subject property would encompass approximately 6 hectares identified for potential clay extraction (PID No. 00331124), in addition to 15 hectares of land to the east (PID No. 00333757), to be used for expansion of the gravel pit. The subject property is located between Pipeline Road East and Latimore Lake Road in the City’s East Side. The outlying area is primarily rural in nature with ribbon rural residential development along Latimore Lake Road. Oceanview Cemetery, a mobile home park, and two other pits on the opposite side of Latimore Lake Road are also in the area. The site is bordered by vacant land to the east and an existing gravel pit to the west. The property is adjacent to a major municipal water transmission main to the north. The nearest residentially-zoned property lies approximately 230 metres to the north of the subject property. According to the Provincial Department of Environment there are mapped watercourses on the subject property and any alterations within 30 metres of these features would require a Watercourse and Wetland Alteration (WAWA) permit. Municipal Plan and Rezoning The subject property is designated Rural Resource Area and zoned Rural (RU). Policy LU-96 of the Municipal Plan provides guidance for such types of rezoning applications and requires that applications demonstrate compliance with all zone provisions in the (PQ) zone, including the following: Policy LU-96

Criteria Response

Compatibility with and/or minimal impact on existing adjacent land uses

Operations would have minimal impact as adjacent uses are vacant lands and the property is an appropriate distance from the nearest residential land use.

An appropriate location and acceptable hours of operation

The proposal is appropriately located. The outlying area is vacant land and the gravel pit represents a longstanding use over the decades. Hours of operation are limited from 7:00 a.m. to 8:00 p.m. as per the (PQ) zone standards.

A stormwater management plan A stormwater drainage submission will be required through a Section 59 condition before a development permit is issued.

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 5 of 8

Incorporation of site development measures which will assist in the control of smoke, dust, odour, toxic materials, vibration and noise

As per (PQ) zone standards, these measures will be incorporated and detailed on site development plans prior to issuance of a development permit.

Compliance with required setback, yard, and separation distances from existing roads or uses

The proposal meets the 30 metre setback from property lines, including Pipeline Road East and exceeds the 150 metre requirements for any adjacent residentially zoned lot. A variance was issued in 2001 to reduce the setback to nil on the property line to the west (Quality Concrete pit).

The provision of visual screening As per (PQ) zone standards, the proposal will be required to adhere to the 30 metre treed buffer surrounding the site, as indicated on the site rehabilitation plan. In addition to the treed buffer, the City’s infrastructure department recommends a berm be created between Pipeline Road East and the excavation area.

Acceptable location for buildings and equipment

The proposal will use the existing infrastructure of 1003 Latimore Lake Road.

Inclusion of necessary safety and protective measures

The pit operator is required to adhere to the Workplace Safety Standards, as per the Occupational Health and

Safety Act, for the operation of a gravel pit of this nature. Pit and Quarry (PQ) zone standards require secure access through a gate and the entrance.

Acceptable location of entrances and exits, and the designation of acceptable hauling routes

The access would be provided through the same haul road as used for the existing gravel pit and is in conformity with the standards set out in the (PQ) zone.

Demonstrated compliance with signage and landscaping provisions

The proposal is capable of meeting the signage and landscaping standards of the Zoning Bylaw. The applicant is also proposing warning signs along the perimeter of the property every 60 metres.

Measures to ensure future rehabilitation of the site

The operator is required to post a security that will ensure the City is protected against default of the site rehabilitation requirements outlined in the (PQ) zone.

Development Permit and Section 59 Conditions

Development permits are required to operate a gravel pit and must be renewed each year. While the subject property consists of a 21 hectare area, a development permit would be required subsequent to rezoning. Under no circumstances are more than 5 hectares of the subject property be actively excavated. The development permit is required to include additional plans showing the phased development of a pit or quarry for a period of 1 to 5 years. Further requirements for issuing a development permit are outlined in the Pit and Quarry (PQ) zone.

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 6 of 8

Because of the proximity of the north of the property to an existing municipal water transmission main, it is important that there is a buffer be maintained. While a 30 metre treed buffer is required from all lot lines, it is recommended that a combination of a treed buffer and landscaped berm be put in place to separate the property from the water transmission main.

Conclusion The rezoning of a 21 hectare site to Pit and Quarry (PQ) can be supported as it meets the intended land uses for Rural Resource Areas. The existing operation represents a longstanding use in this area and the expansion is appropriately located with sufficient distance and buffering from incompatible uses. Excavation activities are limited to 5 hectares at all times and the applicant will be required to submit a phasing plan before a development permit is issued. Section 59 conditions are recommended for the above reasons and further to ensure timely rehabilitation of the lands where unauthorized excavation occurred. ALTERNATIVES AND OTHER CONSIDERATIONS

The Committee may choose to amend the recommended section 59 conditions with respect to the rezoning of 21 hectares of land from Rural (RU) to Pit and Quarry (PQ).

ENGAGEMENT

Public In accordance with the Committee’s Rules of Procedure, notification of the proposal was sent to landowners within 100 metres of the subject property on July 6, 2018. The public hearing for the rezoning was advertised on the City of Saint John website on July 6, 2018.

SIGNATURES AND CONTACT

Prepared:

Andrew Reid , MPI Planner

Reviewed: Approved:

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 7 of 8

Mark Reade, P.Eng., MCIP, RPP Senior Planner

Jacqueline Hamilton, MURP, MCIP, RPP Commissioner

Contact: Andrew Reid Phone: (506) 658-4447

E-mail: andy.reid@saintjohn.ca Project: 18-105

Hughes Surveys Ltd. 1003 Latimore Lake Road July 13, 2018

Page 8 of 8

APPENDIX

Map 1: Site Location

Map 2: Municipal Plan

Map 3: Zoning

Map 4A: Aerial Photography

Map 4B: Inappropriate Extraction

Map 4C: Area for Rezoning

Map 5: Site Photography

Applicant Submission 1: Rehabilitation Plan

PIPE LINE RD E

LATIMORE LAKE RD

GREENWOO

D ST

ALLEN RD

GIBBO

NAV

VEY CT

KAREN ST

LAC

KIERD

WHELLY

CT

ASIED ST

ELD

ERS

LEY

AV

NADIANAW

AY

LITLLERIVER

RD

JAVIN HILL DR

KIMBERLY ST

NICOLLE

RD

MALLETTE RD

ESTATEDRIVE

BUSTIN BLVD

FALLDR

NO

RR

ISR

D

SU

SANDR

Map 1 - Site LocationHughes Surveys Inc. for Thomas Construction - 1003 Latimore Lake Road

Date: June-26-18The City of Saint John

0 400m

BUSTINBLVD

ALLEN RD

NICOLLE RD

PIPE

LINE

RD

E

FALLDR

SUSAN DR

RuralResource

RuralResource

RuralResource

RuralResource

RuralResidentialRural

Residential

RuralResidential

RuralResidentialRural

Residential

Park andNatural Area

Park andNatural

Area

Park andNatural Area

Park andNatural

Area

Park andNatural

Area

Park andNatural

AreaPark

and NaturalArea

Park andNatural

Area

Park andNatural

Area

Park andNatural

AreaMap 2 - Future Land UseHughes Surveys Inc. for Thomas Construction - 1003 Latimore Lake Road

Date: June-26-18The City of Saint John

0 250 m

VEY R

D

GIBB

ON

AV

SU

SAN

DR

KIMBERLY ST

ESTATEDRIVE

BUSTIN

BLVD

RU

P

RU

RU

RU

RU

RURU

RU

EP

EP

P

CFN

CFN

CFN

PQ

PQ

PQ

US

US

PQ

T

T

CRG

CRG CRG

CRGCRG

RRRR

RR

RR RRRR

RR

RRRR

RR

RRRR RR

RRRRRR

RR RR RRRR

RR

RR RR

RRRRRRRR RRRRRR

RRRR

RRRR

RRRRRRRR

RR

RRRR

RRRRRR

RR RRRR

RR

RR

RR

RR

RR RRRR RR

RR

RRRL

Map 3 - ZoningHughes Surveys Inc. for Thomas Construction - 1003 Latimore Lake Road

Date: June-26-18The City of Saint John

0 350 m

(CFN) Neighbourhood Community Facility

(CRG) Rural General Commercial

(EP) Environmental Protection

(P) Park

(PQ) Pit & Quarry

(RL) Low-Rise Residential

(RU) Rural

(RR) Rural Residential

(T) Transportation

(US) Utility Service ^ Section 39 Conditions

LAKE DR E

ALLEN RD

SAVOY LN

NICOLLE RD

PIPE LINE RD

E

BUSTIN BLVD

FALLDR

SUSA

N

DR

ELDERSLEY AV

Map 4A - Aerial PhotographyHughes Surveys Inc. for Thomas Construction - 1003 Latimore Lake Road

Date: June-26-18The City of Saint John

0 250 m

BUSTINBLVD

ALLEN RD

LATIMORE LAKE RD

SAVOY LN

SPRING

DR

NICOLLE

RDPIPE LINE RD

E

FALL DR

SUSAN DR

ELDERSLEY AV

Map 4B - Unauthorized ExtractionHughes Surveys Ltd. for Thomas Construction - 1003 Latimore Lake Road

Date: June-27-18The City of Saint John

0 225 m

PIPE

LIN

E RD E

ELD

ERSL

EYAV

11

22

Map 4C - Area for RezoningHughes Surveys Ltd. for Thomas Construction

Date: July-03-18The City of Saint John

0 150 m

THOMAS CONSTRUCTION LTD.

Stamp

Revisions Date ByNo.

Drawing Title

Project Title

1 : 1000CADD By ScaleChk'd by

Project No.

HORZ.

Phase

# #################### ##########

Revision Sheet

B.E.S.

# #

R.E.T.

Y16-265

###

SURVEYORS - ENGINEERS

HUGHES

Hughes Surveys & Consultants Inc.

LATIMORE LAKE ROAD QUARRY

REHABILITATION PLAN

THERE ARE TO BE NO HAZARDOUS MATERIALS OREXPLOSIVES STORED ON THIS SITE.

JUNE 8, 2018