HomeMy WebLinkAboutPLN 16-14 cify.co Report to
Planning & Development Committee
PICKERING G Report Number: PLN 16-14
Date: September 2, 2014
From: • Thomas Melymuk
Director, City Development
Subject: Zoning By-law Amendment Application A 4/14
C. Bollmann
3325 Highway 7
Recommendation:
1. That Zoning By-law Amendment Application A 4/14, submitted by C. Bollmann, to
permit a dog daycare and boarding facility with associated retail use on lands
municipally known as 3325 Highway 7, be approved, and that the draft Zoning
By-law Amendment as set out in Appendix Ito Report PLN 16-14 be forwarded to
Council for enactment.
Executive Summary: The subject lands are located on the south side of Highway 7,
east of Audley Road. The northerly portion of the subject property is within the Hamlet
of Kinsale (see Location Map, Attachment#1).
The.property currently supports a one-storey detached dwelling and a two-storey building,
which accommodates the existing dog daycare and boarding facility with associated
retail. The existing facility was originally permitted through a temporary-use by-law in
2007. Subsequently, in 2010, Council approved an extension to the temporary-use
zoning by-law for an additional three years which expired on March 24, 2014.
The applicant has submitted a Zoning By-law Amendment application requesting to
permit a dog daycare and boarding facility with associated retail use on a permanent
basis while maintaining the existing residence on-site. The applicant's proposal
complies with the Official Plan policies of both the Region of Durham and the City of
Pickering.
Staff support the applicant's proposal to permit a dog daycare and boarding facility with
associated retail use on a permanent basis. Previous concerns identified by City Staff
and the public have been addressed by the applicant through previously approved
temporary-use zoning by-law amendments and Site Plan Approval. No further concerns
or issues have been identified by staff or the public.
The draft zoning by-law replicates the provisions that were enforced through the
previous temporary-use zoning by-law amendment. Accordingly, staff recommends that
Zoning By-law Amendment Application A 4/14 be approved, as outlined in Appendix Ito
Report PLN 16-14, and forwarded to Council for enactment.
23
Report PLN 16-14 September 2, 2014
Subject: Zoning By-law Amendment Application A 4/14 Page 2
Financial Implications: No direct costs to the City are anticipated as a result of the
proposed development.
1. . Background
1.1 Property Location and Description
The subject property is located on the south side of Highway 7, east of
Audley Road, and the northerly portion of the property is within the Hamlet of
Kinsale (see Location Map, Attachment#1). The property has a total land area
of approximately 4.0 hectares and has a lot frontage of approximately 80.0 metres
along Highway 7.
The property currently supports a one-storey detached dwelling and a two-storey
commercial building, which accommodates the existing dog daycare and
boarding facility. A tributary of the Lynde Creek traverses through the southwest
portion of the subject property, approximately 300 metres south of the existing
buildings. Surrounding land uses include residential to the east and west, and
agricultural to the north and south.
1.2 Applicant's temporary use zoning by-law has expired
In 2005, the applicant submitted a zoning by-law amendment application to
permit a dog daycare and boarding facility with associated retail use, on the
northern portion of the subject property, while retaining the existing residence.
During the review of this application, a number of issues relating to noise, the
• structural integrity of existing buildings, and the need for site plan approval were
identified.
Accordingly, in 2007, City Council approved the use on a temporary basis, for a
period of three years, to allow the potential impacts of noise to be monitored.
Subsequently, in May 2010, the City granted Site Plan Approval to permit a new
two-storey building to accommodate the dog daycare and boarding facility and
associated parking. However, the temporary-use by-law expired on July 23,
2010 before the facility could become fully operational (see Submitted Plan,
Attachment#2).
In March 2011, City Council approved an extension to the temporary-use zoning
by-law for an additional three years in order to monitor the operation and fully
assess any potential impacts, including noise on surrounding properties. The
extension to the temporary use zoning by-law expired on March 24, 2014.
24.
Report PLN 16-14 September 2, 2014
Subject: Zoning By-law Amendment Application A 4/14 Page 3
1.3 Applicant's Proposal
The applicant is requesting that the northern portion of the subject property within
the boundaries of the Kinsale Hamlet be rezoned to permit a dog daycare and
boarding facility with associated retail use on a permanent basis. The owner will
continue to reside within the existing dwelling on the property. The current dog
daycare and boarding facility is a non-crating facility in which the dogs will be free
to play outdoors during the day within a fenced exercise area in the rear yard,
and all dogs will be boarded overnight within the existing two storey building.
The applicant also intends to maintain the existing zoning performance standards
previously established through the 2011 temporary-use zoning by-law
amendment, which are further discussed in Section 3.1 of this report.
2. Comments Received
2.1 At the June 2, 2014 Public Information Meeting and in written submission
No members of the public attended the June 2, 2014 Public Information Meeting
and no comments from the public have been received to date.
2.2 City Departments & Agency Comments
Central Lake Ontario • no objection to the approval of the Zoning
Conservation Authority By-law Amendment Application
• the southern portion of the subject property
contains an existing watercourse and flood
plain crossing
• the area intended for the facility is situated
outside of the above-noted environmental
features
Region of Durham Planning • the proposal to permit a commercial use within
& Economic Development the hamlet portion of the subject property is
Department permitted by'the policies of the Region's
Official Plan
• no objection to the application •
Region of Durham Health • no objection to the application
Department
Engineering & Public Works • no objection to the application
Animal Services • no complaints have been received
• the facility is currently in compliance with
Animal Service's Boarding Kennel License
25
Report PLN 16-14 September 2, 2014
Subject: Zoning By-law Amendment Application A 4/14 Page 4
Municipal Law Enforcement • no resident or customer complaints have been
Services received
• the existing facility is currently licensed
3. Planning Analysis
3.1 Permitting the Dog Daycare and,Boarding facility on a permanent basis is
appropriate
Staff support permitting a dog daycare and boarding facility on the northerly
portion of the property on a permanent basis. No concerns or objections have
been received from area residents. All previous issues relating to noise, the
structural integrity of the previous barn and the need for site plan approval were
addressed while the use operated under the temporary use zoning.
Staff recommend that the provisions in the 2011 temporary use zoning by-law be
implemented, which include:
• a maximum of 30 dogs at any one time within the dog daycare and boarding
facility
• the overnight boarding of dogs in a non-crating environment
• a rear yard outdoor exercise area for dogs, with a minimum set back of
10.0 metres from all property lines, and
• an ancillary retail store for the sale of dog products
3.2 Zoning By-law to be finalized and forwarded to Council for enactment
The draft implementing zoning by-law provided as Appendix Ito this report,
permits a dog daycare and boarding facility with associated retail use on a
permanent basis with site specific provisions as noted above in Section 3.1 of
this report. Furthermore, the implementing by-law also repeals the previous two
temporary-use zoning by-laws (By-law 6787/07 and By-law 7116/11).
Staff supports the rezoning application and recommends that the site specific
implementing by-law as outlined in Appendix I, be approved and forwarded to
Council for enactment
4.0 Applicant's Comments
The Owner is aware of the recommendations of this report.
Appendix
Appendix I Draft Implementing Zoning By-law
26
Report PLN 16-14 September 2, 2014
Subject: Zoning By-law Amendment Application A 4/14 Page 5
Attachments
1. Location Map
2. Submitted Plan
Prepar Approved/Endorsed By:
1- 1.------"---
Ashley Y�c vo•d, MCIP, RPP Catherine Rose, .rCIP, RPP
-I-a• •ei ll Chief Planner •
i .
1, . -----7------- 1 '
Nilesh Surti, MCIP, RPP Thomas Melymuk, IP, RPP
j Manager, Development Review & Director, City Deve �pment
Urban Design
AY:Id
Recommended for the consideration
of Pickering City Council
il ,,/ 4 zo 14-
Tony Prevedel, P.Eng.
Chief Administrative Officer
27
Appendix I to
Report Number PLN 16-14
Draft Implementing
Zoning By-law
28
• The Corporation • . f- t of Pickering
By-I fig, 14
Being a by-law to amend Restricted Area Zoning By-law 3037, as
amended by By-laws 2623/87, 3450/90 and 6696/06, to implement
the Official Plan of the City of Pickering, Region of Durham, being
North Part of Lot 2, Concession 5, save and except Part 2, Plan
40R-25676 in the City of Pickering. (A 4/14)
Whereas the Council of The Corporation of the City of Pickering deems it desirable to
permit the establishment of a dog daycare and:boarding facility with an ancillary retail
use on the lands, being North Part of Lot 2, Concession 5, save and except Part 2, Plan
40R-25676, in the City of Pickering;
And whereas an amendment to By-law 3037, as amended by By-laws 2623/87, 3450/90
and 6696/06, is therefore deemed necessary;
Now therefore the Council of The Corporation of the City of Pickering hereby enacts as
follows:
1. Area Restricted
The provision of this By-law shall apply to those lands in North Part of Lot 2,
Concession 5, save and except Part 2, Plan 40R-25676, in the City of Pickering.
2. Schedule I Amendment
Schedule I attached hereto with notations and references shown thereon is
hereby declared to be part of this By-law.
3. Text Amendment
Section 4, Definitions of By-law 2623/87, as amended, is hereby further amended
by renumbering and re-alphabetizing this subsection_ in order to incorporate the
new definition as following:
(1) "Dog Daycare and Boarding Facility" — shall mean a facility in which the
daytime care of dogs is provided and shall include the overnight boarding of
dogs in a group environment, but shall not include the breeding or sale of
dogs, or a veterinary clinic;
Subsection 5.(1) of By-law 2623/87, as amended, is hereby further amended by
adding thereto a new subsection after subsection (c) as follows:
(d) Exception ("CLR8-DD" Zone)
(i) Despite any provisions in this By-law to the contrary, in addition to
any other uses permitted under the "CLR8" zone, a dog daycare and
boarding facility shall be permitted on the lands designated
"CLR8-DD" (North Part of Lot 2, Concession 5, save and except
Part 2, Plan 40R-25676) on Schedule I attached hereto in
accordance with the following provisions:
29
By-law No. XX)W14 Page 2
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A. maximum number of dogs permitted within a dog daycare and
boarding facility at any one time shall be 30;
B. a dog daycare and boarding facility shall be permitted-to
operate within a building, with a maximum height of 5.5 metres;
C. an outdoor exercise area shall be provided in the rear yard
and shall be back a minimum of 10.0 metres from all
property lines and shall not extend beyond the "CLR8-DD"
Zone;
D. a maximum of one retail store not exceeding 50.0 square
metres of gross floor area shall be permitted for the sale of
products ancillary to a dog daycare and boarding facility;
E. an ancillary retail store shall only be permitted within a
building used for the purposes of accommodating a dog
daycare and boarding facility; and
F. in addition to the parking requirements for a detached
dwelling, a minimum of 5.0 parking spaces shall be provided
and maintained on-site.
4. By-law 3037
By-laws 6787/07 and 7116/11, which amended By-law 3037 for lands being
North Part of Lot 2, Concession 5, save and except Part 2, Plan 40R-25676 are
hereby repealed.
By-law 3037, as amended by By-laws 2623/87, 3450/90 and 6696/06 is hereby
further amended only to the extent necessary to give effect to the provisions of
this By-law as set out in Sections 1, 2 and 3 above. Definitions and subject
matter not specifically dealt with in this By-law shall be governed by the relevant
provisions of By-law 3037, as amended.
5. Effective Date
This By-law shall come into force in accordance with the provisions of the
Planning Act.
By-law passed this xx day of September, 2014.
ROI
David Ryan, M or
ttpit
Debbie Shields, t Clerk
30
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FILE No:A 04/14
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APPLICANT: C. Bollmann •
•PI al I ill 1
- 7 PROPERTY DESCRIPTION: 3325 Highway 7(N. Pt. Lt. 2, Con. 5)
City Development DATE: Apr.7,2014
Department •
cite Sources:
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PROPERTY DESCRIPTION:3325 Highway 7 (N. Pt. Lt. 2, Con. 5)
City Development •
Department
DATE:Apr.7,2014
33