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HomeMy WebLinkAboutPD 03-09 Citq o~ REPORT TO PLANNING & DEVELOPMENT COMMITTEE Report Number: PO 03-09 Date: January 5, 2009 : I ~ . 09 From: Neil Carroll Director, Planning & Development Subject: Zoning By-law Amendment A 10/08 S. Whiffin 2330 Dixie Road (North Part of Lot 25, Concession 2) City of Pickering Recommendation: 1. That Zoning By-law Amendment Application A 10/08 submitted by S. Whiffin to amend the existing zoning on the subject property to allow for a commercial dog kennel and associated uses, a caretaker's residence (within the existing building) and a new detached dwelling on lands situated on the North Part of Lot 25, Concession 2 be approved; and 2. Further, that the amending zoning by-law to implement Zoning By-law Amendment Application A 10/08 as set out in Appendix I to Report PO 03-09 be forwarded to City Council for enactment. Executive Summary: The applicant proposes to amend the existing zoning on the subject property to permit a commercial dog kennel and associated uses ipcluding boarding, daycare, exercise facilities, grooming, training, veterinary hospital (for domestic animals), and the sale of dogs and animal merchandise. The existing 512 square metre dwelling on site is proposed to be converted to accommodate the kennel use (also known as the "Puppy Palace") and associated uses, as well as a caretaker's residence. A new detached dwelling is also proposed to be constructed on the site for the owners of the facility (see Location Map and Applicant's Submitted Plan, Attachments #1 & 2). The applicant commissioned three studies: a Railway Vibration Study to address vibration concerns from the abutting Canadian Pacific Railway (C.P.R.) to the north; a Noise Control Feasibility Study to address noise concerns from the C.P.R. and a Dog Barking Noise Assessment to address the impact of barking dogs in the facility on the surrounding area. There were no concerns respecting the use identified in the studies, however the Noise Control Feasibility Study report recommended that an acoustical barrier be constructed to shield the Outdoor Living Area of the residential uses from the noise generated by the C.P.R. Report PD 03-09 January 5, 2009 ; I. Subject: Zoning Amendment Application A 10/08 1 0 Page 2 At the request of the Toronto and Region Conservation Authority (TRCA) the applicant has agreed to revise their site plan to provide a 10 metre landscaping buffer from the watercourse on the property and to relocate the proposed detached dwelling to an area that will minimize any negative impacts on the surrounding environment. It is recommended that this application be approved and the draft by-law be forwarded to City Council for enactment. Financial Implications: No direct costs to the City are anticipated as a result of the proposed zoning by-law amendment. Sustainability Implications: The proposed development will utilize an existing building and services, and will not negatively impact existing environmental features on the property. Background: 1.0 Comments Received: 1.1 Before the Information Meeting (see Information Report Attachment #4) Veridian Connections no objections 1.2 At the May 5, 2008, Information Meeting - one comment was received from a Pickering resident requesting additional information pertaining to dog fencing (see Minutes, Attachment #5); 1.3 Following the Information Meeting The Regional Municipality of Durham Comments - May 9, 2008 proposed commercial and associated uses will not be permitted on lands identified as "Key Natural Heritage Features and Hydrological Features"; Report PD 03-09 January 5, 2009 Subject: Zoning Amendment Application A 10/08 Page 3 1 1 The Regional Municipality of Durham (continued) a noise impact and vibration study is required to identify the potential impacts from railway disturbance and identify appropriate mitigation measures; Comments - November 21, 2008 the City should ensure that sound attenuation measures as outlined in both the Noise and Vibration Reports are implemented prior to the issuance of building permits; The Toronto and Region Conservation Authority (TRCA) a 10 metre landscape buffer from the watercourse is required and should be placed into an Open Space zoning category. 2.0 Discussion: 2.1 All uses proposed by the applicant comply with the Official Plan policies of the City of Pickering and the Region of Durham The subject property is designated "Open Space System - Natural Areas" and "Greenlands System - Major Open Space Areas" under the City of Pickering and the Durham Regional Official Plan respectively. The proposed use complies with the provisions of the Region and City Official Plans. A veterinary establishment and one residential dwelling on an existing lot of record are currently permitted on the property by the City's zoning and official plan policies. 2.2 The business will initially cater to dogs, with the potential in the future to cater to other domesticated animals The applicant has advised that the proposed commercial kennel (also known as the "Puppy Palace") will be restricted to providing care to domestic dogs at this time. The owners currently operate a kennel facility at 2970 Golf Club Road in the City of Pickering, which caters to dogs. Through this application, they are proposing to relocate their business to this site. Report PD 03-09 January 5, 2009 Page 4 Subject: Zoning Amendment Application A 10/08 i " I. 1 2 Even though the current business is limited to puppies/dogs, the owner requests that the zoning permit the option to expand the business (in particular the accessory veterinarian clinic) in the long term, so that it can accommodate other domesticated animals such as cats and birds. This care will not be extended to livestock farm animals. 2.3 TRCA has no objection to the proposal but has requested an Open Space Zone on parts of the property to protect the existing Environmentally Significant Area There are environmental restrictions on the property. A watercourse exists in the north sector of the property, north of the existing dwelling. The property is partially situated within the TRCA fill regulated zone. The City's Official Plan designates the property as an Environmentally Significant Area (ESA) within the Rouge-Duffins Wildlife Corridor. In order to support the application and to minimize any negative environmental impacts to the existing ESA, TRCA has requested that the site plan be revised to restrict the developmental boundaries to the unforested area, and to incorporate a 10 metre buffer from the watercourse. The applicant has agreed to these revisions (see Applicant's Revised Site Plan, Attachment #3). Further, to ensure protection of natural features on the property, TRCA has requested that an Open Space Zone category be applied to the undeveloped portions of the property. Staff supports TRCA's request and will ensure that the Draft By-law establishes this category (see Appendix I, Draft By-law Schedule). 2.4 Railway Vibration and Noise Studies submitted by the applicant for the commercial kennel identify no concerns The applicant commissioned three studies: a Railway Vibration Study to address vibration concerns from the abutting Canadian Pacific Railway (C.P.R.) to the north; a Noise Control Feasibility Study to address noise concerns from the C.P.R. and a Dog Barking Noise Assessment to address the impact of barking dogs in the facility on the surrounding area. The reports did not identify any concerns respecting the proposed use. The dogs are kept indoors overnight and the distance between the kennel and the nearest residential development is sufficient to avoid noise impacts. The Noise Control Feasibility Study report recommended that an acoustical barrier of 2.0 metres be constructed to shield the Outdoor Living Area of the proposed residential uses on the subject property from the noise generated by the C.P.R. Report PD 03-09 January 5, 2009 Subject: Zoning Amendment Application A 10/08 Page 5 1 3 2.5 Site Functioning Issues will be addressed through the Site Plan Review Process The proposed development will require site plan approval. This process will address all matters pertaining to site function. The applicant's revised site plan illustrates the proposed commercial dog kennel with accessory uses located in the existing 512 square metre building and a moderate expansion to that building to accommodate a caretaker's residence. A new detached dwelling is also proposed to the south of the existing building, to serve as the owner's residence (see Applicant's Revised Site Plan - Attachment #3). The proposed Zoning By-law will restrict the size of the caretaker's residence to 186 square metres, the combined kennel and caretaker residence to 700 square metres, and impose other development restrictions. The outdoor area for the dogs will be fully fenced and will be located to the north of the kennel (see Appendix I). A number of items such as but not limited to: lighting, landscaping, noise attenuation fencing, parking, location of proposed caretaker's residence to existing building and location of proposed new detached dwelling, location of septic system(s) and location of dog runs will be addressed through the Site Plan Review process. 2.6 Applicant is aware of other City Municipal By-laws affecting the subject property and proposed uses The City has recently passed three municipal by-laws (Animal Pet Shop Licensing, Breeder Licensing and Boarding Kennel Licensing) that can be applied to the proposed use, and require the securement of appropriate licenses. The applicant and owner were provided with copies of all three municipal by-laws and are aware of, their regulations. 2.7 By-law to be forwarded to Council The attached by-law schedule included as Appendix I to this report, implements Staffs recommendation to approve the applicant's request for an "A-CK1" zone and TRCA's request for an Open Space ("OS-:-HL") zone. The Site Plan Approval process will ensure that the proposed development complies with this proposed zoning by-law and that adjacent land owners/tenants will not be negatively impacted by the proposed development. It is recommended that the attached draft zoning by-law amendment be forwarded to Council for enactment should Council approve this application. 3.0 Applicant's Comments The owner is aware of and supports the recommendations of this Report. Report PD 03-09 January 5, 2009 Page 6 I I, . S~bj~Ct: Zoning Amendment Application A 10/08 APPENDIX APPENDIX I: Draft Implementing Zoning By-law Attachments: 1. Location Map 2. Applicant's Submitted Plan 3. Applicant's Revised Site Plan 4. Information Report 5. Statutory Public Information Meeting Minutes Prepared By: Approved I Endorsed By: Ne~ Director, Planning & Development AY:jf Copy: Chief Administrative Officer Recommended for the consideration of Pickering CitY- I /" ,// APPENDIX I TO REPORT PD 03-09 "I 5 DRAFT BY-LAW ZONING BY-LAW AMENDMENT APPLICATION A 10/08 1 6 THE CORPORATION OF THE CITY OF PICKERING BY-LAW NO. Being a By-law to amend Restricted Area (Zoning) By-law 3036, as amended, to implement the Official Plan of the City of Pickering District Planning Area, Region of Durham, in North Part of Lot 25, Concession 2, in the City of Pickering. (A 10/08) WHEREAS the Council of The Corporation of the City of Pickering deems it desirable to permit the development of a commercial kennel with accessory uses and to allow, a separate caretaker's residence as part of the existing building, as well as construction of a detached dwelling on the subject property in the City of Pickering; AND WHEREAS an amendment to By-law 3036, as amended, is therefore deemed necessary; NOW THEREFORE THE COUNCIL OF THE CORPORATION OF THE CITY OF PICKERING HEREBY ENACTS AS FOLLOWS: 1. SCHEDULE I Schedule I attached to this By-law with notations and references shown thereon are hereby declared to be part of this By-law. 2. AREA RESTRICTED The provisions of this By-law shall apply to those lands in North Part of Lot 25, Concession 2, in the City of Pickering, designated "A-CK1" and & "0S-HL" on Schedule I attached hereto. 3. GENERAL PROVISIONS No building, land or part thereof shall hereafter be used, occupied, erected, moved or structurally altered except in conformity with the provisions of this By-law. - 2 - 1 7 4. DEFINITIONS In this By-law, (1) "Business Office" shall mean a building or part of a building in which the management or direction of business, a public or private agency, a brokerage or a labour or fraternal organization is carried on and which may include a telegraph office, a data processing establishment, a newspaper publishing office, the premises of a real estate or insurance agent, or a radio or television broadcasting station and related studios or theatres, but shall not include a retail store; (2) "Breeder" shall mean a person who keeps animals for the purpose of breeding the offspring for sale; (3) "Commercial Kennel" shall mean a building or a part of a building which is used for the purposes of the boarding, breeding, daycare, grooming, training and a veterinary hospital for domesticated animals; dog exercise facilities; a pet shop and the retail sale of animal merchandise as an accessory use, but shall not include a business office or a retail store; (4) (a) "Dwellinq" shall mean a building or part of a building containing one or more dwelling units, but does not include a mobile home or trailer; (b) "Dwellinq Unit" shall mean one or more habitable rooms occupied or capable of being occupied as a single, independent, and separate housekeeping unit containing a separate kitchen and sanitary facilities; (c) "Dwellinq, Sinqle or Sinqle Dwellinq" shall mean a single dwelling containing one dwelling unit and uses accessory hereto; (d) "Dwellinq, Detached or Detached Dwellinq" shall mean a single dwelling which is freestanding, separate, and detached from other main buildings or structures; (5) (a) "Floor Area - Residential" shall mean the area of the floor surface contained within the outside walls of a storey or part of a storey; (b) "Gross Floor Area - Residential" shall mean the aggregate of the floor areas of all storeys of a building or structure, or part thereof as the case may be, other than a private garage, an attic, or a cellar; (c) "Gross leasable Floor Area" shall mean the aggregate of the floor areas of all storeys above or below established grade designed for owner or tenant occupancy or exclusive use only, but excluding storage areas below established grade; - 3 - 1 8 (6) (a) "Lot" shall mean an area of land fronting on a street which is used or intended to be used as the site of a building, or group of buildings, as the case may be, together with any accessory buildings or structures, or a public park or open space area, regardless of whether or not such lot constitutes the whole of a lot or block on a registered plan of subdivision; (b) "Lot Coveraqe" shall mean the percentage of lot area covered by all buildings on the lot; (7) "Pet Shop" shall mean every shop, place, or premise in which animals are sold or kept for sale as pets but does not include a breeder; (8) "Private Garaqe" shall mean an enclosed or partially enclosed structure for the storage of one or more vehicles, in which structure no business or service is conducted for profit or otherwise; (9) "Retail Store" shall mean a building or part of a building in which goods, wares, merchandise, substances, articles or things are stored, kept and offered for retail sale to the public; (10) (a) "Yard" shall mean an area of land which is appurtenant to and located on the same lot as a building or structure and is open, uncovered, and unoccupied above ground except for such accessory buildings, structures, or other uses as are specifically permitted thereqn; (b) "Front Yard" shall mean a yard extending across the full width of a lot between the front lot line of the lot and the nearest wall of the nearest main building or structure on the lot; (c) "Front Yard Depth" shall mean the shortest horizontal dimension of a front yard of a lot between the front lot line and the nearest wall of the nearest main building or structure on the lot; (d) "Rear Yard" shall mean a yard extending across the full width of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (e) "Rear Yard Depth" shall mean the shortest horizontal dimension of a rear yard of a lot between the rear lot line of the lot, or where there is no rear lot line, the junction point of the side lot lines, and the nearest wall of the nearest main building or structure on the lot; (f) "Side Yard" shall mean a yard of a lot extending from the front yard to the rear yard, and from the side lot line to the nearest wall of the nearest main building or structure on the lot; 1 9 (g) "Side Yard Width" shall mean the shortest horizontal dimension of a side yard of a lot between the side lot line and the nearest wall of the nearest main building or structure on the lot; - 4 - (h) "FlankaQe Side Yard" shall mean a side yard immediately adjoining a street or abutting on a reserve on the opposite side of which is a street; (i) "FlankaQe Side Yard Width" shall mean the shortest horizontal dimension of a flankage side yard of a lot between the lot line adjoining a street or abutting on a reserve on the opposite side of which is a street, and the nearest wall of the nearest main building or structure on the lot; U) "Interior Side Yard" shall mean a side yard other than a flankage side yard; 5. PROVISIONS (1) (a) Uses Permitted ("A-CK1" Zone) No person shall, within the lands zoned "A-CK1" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) All uses permitted in Section 7, Rural Agricultural Zone "A" of By-law 3036 (ii) Commercial Kennel (iii) Detached Dwelling Unit (b) Zone Requirements ("A-CK1" Zone) No person shall within the lands designated "A-CK1" on Schedule I attached hereto, use any lot or erect, alter, or use any building except in accordance with the following provisions: (i) LOT AREA (minimum): 0.8 hectares (ii) LOT FRONTAGE (minimum): 60.0 metres (iii) FRONT YARD DEPTH (minimum): 12.0 metres (iv) INTERIOR SIDE YARD WIDTH (minimum): A 3.0 metres B All buildings shall have a minimum setback of 10.0 metres from an OS-HL Zone - 5 - 20 (v) REAR YARD DEPTH (minimum): 10.0 metres from an OS-H L Zone (vi) LOT COVERAGE (maximum): 20 percent (vii) BUILDING HEIGHT (maximum): 12.0 metres (viii) DWELLING UNIT REQUIREMENTS: maximum one (ix) PARKING REQUIREMENTS: A minimum of 2 parking spaces shall be provided and maintained on each lot for every 100 square metres of gross leasable floor area or part thereof for a commercial kennel establishment; B Clauses 5.21.2a) to 5.21.2e) inclusive, of By-law 3036, as amended, shall not apply to the lands designated "A- CK1" on Schedule I attached hereto; C Despite Clause 5.21.2b) of By-law 3036, side yard parking shall only be permitted no closer than 1.5 metres from any side lot line; D minimum 2 parking spaces per dwelling unit; E any vehicular entrance for a detached dwelling and/or a caretaker's residence shall be located not less than 6 metres from the front lot line; (c) SPECIAL REGULATIONS (i) Despite Sections 5.(1 )(a)(i) and 5.(1 )(a)(ii), agricultural uses are not permitted in conjunction with a commercial kennel; (ii) Despite Section 5.(1 )(a)(ii), an accessory veterinary clinic associated with a commercial kennel shall not include a clinic for the care of livestock animals; (iii) The aggregate gross floor area of a commercial kennel and caretaker's residence shall not exceed 700 square metres; (iv) A caretaker's residence not exceeding a maximum gross floor area of 186 square metres shall be permitted within the building containing a commercial kennel; (v) Despite Section 5.32 of Zoning By-law 3036, an accessory dwelling unit is not permitted in conjunction with a commercial kennel and/or a caretaker's residence. - 6- ~~ 1 6. PROVISIONS (1) (a) Uses Permitted ("OS-HL" Zone) No person shall, within the lands zoned "OS-HL" on Schedule I attached to this By-law, use any lot or erect, alter or use any building or structure for any purpose except the following: (i) Preservation and Conservation of the natural environment, soil and wildlife (ii) Resource Management (iii) Pedestrian Trails and Walkways (b) Zone Requirements ("OS-HL" Zone) No buildings or structures shall be permitted to be erected, nor shall the placing or removal of fill be permitted, except where buildings or structures are used only for purposes of flood and erosion control, resource management, or pedestrian trail and walkway purposes. 7. BY-LAW 3036 . By-law 3036, as amended, is hereby further amended only to the extent necessary to give effect to the provisions of this By-law as it applies to the area set out in Schedule I attached hereto. Definitions and subject matters not specifically dealt with in this By-law shall be governed by relevant provisions of By-law 3036, as amended. 8. EFFECTIVE DATE This By-law shall take effect from the day of passing hereof subject to the approval of the Ontario Municipal Board, if required. BY-LAW read a first, second, and third time and finally passed this 19th day of January, 2009. David Ryan, Debi A. Wilcox, City Clerk 0? L '" CONCESSION THIRD ROAD / / / / / / / / / / / / / / / / / / / /' /' /' /' /' /' /' ~. /' <{. .//' (,. ./ '- ./ '- ./ >./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ ./ CON 2 N PT LOT 25, 26, 40R-20520 PART 7, 8, 9, 10, 11,12,13 '- '- '- '- '- '- '- '- '- '- '- '- '- CON 2, NORTH PART OF LOT 25, 26 ./ ./ ./ l' N SCHEDULE I TO BY-LAW PASSED THIS DAY OF I --LL ~--- /' / / / / / / / o <t o cr: w X o "'1f.CHf'v\HJT #_ L .TO REPClRlII po-P3'.:;.J;Jq'~. THIRD CONCESSION R SUBJECT PROPERTY ~' / CHERRYWOOD TRANSFORMER STATION City of Pickering 23 ROAD o <t o 0:: w x o Planning & Development Department PROPERTY DESCRIPTION NORTH PART OF LOT 25, CONCESSION 2 OWNER S. WHIFFIN FILE No. A 010/08 DATE MAR. 19, 2008 SCALE 1 :5000 a a oure..: TCl'"onet Enterprises Inc. and its suppHer1!l. All r-ights Reserved. Not a plan of survey. 2005 MPAC and Its sup tiers. All ri hb Reserved. Not c Ion of Survey. DRAWN BY JB CHECKED BY RP 1 PN-RUR 24 ! ~1t'CHMENT # ;2 , .TO i,::\JiH Ii PD---!O 3-cJL- INFORMATION COMPILED FROM APPLICANTS SUBMITTED PLAN A 10108. S. WHIFFIN / I ..' ~ ", <? . /' Cr /' /" ./' /' ,/ / .~,../ ./" , ,/..-- ' ./.--/ ,/./,- J ' /' < / ,,' / :Iii ~ . · ... /;f/'ill \ ;>-/J " //;/,' , yI , / V' . ~ ,.' . // "', ( />:t j J\~ " ,#/ r \ " ,{, '" ,~ .,' / ./ ---->\Im, ,.,' /~Z-~/~ ~~~~~J;~ i '/" ....., I ' ~ ~( / ~ .., ; r::.R: ~. l. \ l /,1 , ,,~, .....,. /" ,\,\"<,,,/ ',~0, ,;:,~;...,: ~ i ~ .,' \ '{'/ /"" ('" ,-'-/ Q . ///' 0 ~Jv~;~ ~ ,/ ~.'r-, ,,:;>. ~o ~ / ~ // _./ ,""4. i ... ./ to: : 0::: ' iW j- IX iO i l' /' ,-- .~/- /Ao9.?'~ /'/' ~-- ," ,// '" ~ THIS MAP WAS PRODUCED BY THE CITY OF PICKERING PLANNING & DEVELOPMENT DEPARTMENT, PLANNING INFORMATION SERVICES DIVISION MAPPING AND DESIGN, MARCH 25, 2008, / / / / / / / / / / / / / / / / / ,,"> ff;~b'o. .y .,r OPOSED ARETAKER UNIT GARAGE ATTACHMENT ,-.J._TO REPORT I PD_ 03 -oli INFORMATION COMPILED FROM APPLICANTS REVISED SUBMITTED PLAN S. WHIFFIN. / I I I I I I I I 3.7m road widening-: I I I / ~ / / / / / 7 / -;Y ROPOSED DWELLING & GARAGE I I I I I I I I I I I I I 370Dmm~ road , widening , I I I I I I I I I L ql: t_ J o ~ o p:; kl H :x:: H o l' THIS MAP WAS PROOUCED BY THE CITY OF PICKERING. PLANNING ct DEVELOPMENT DEPARTMENT. INFORMATION 4c SUPPORT SERVICES. DECEMBER J. 2008. 26 An ACHMENl #!:t.. TO REPORT # PO 0 3 - () q INFORMATION REPORT NO. 11-08 FOR PUBLIC INFORMATION MEETING OF May 5, 2008 IN ACCORDANCE WITH THE PUBLIC MEETING REQUIREMENTS OF THE PLANNING ACT, R.S.O. 1990, chapter P.13 SUBJECT: Zoning By-law Amendment - A 10/08 S. Whiffin North Part of Lot 25, Concession 2 (2330 Dixie Road) City of Pickering 1.0 PROPERTY LOCATION AND DESCRIPTION - the s'ubject property is located on the west side of Dixie Road on the south side of the C.P. Railway tracks and north of the Cherrywood Transformer Station (see Location Map, Attachment #1); - the subject property is irregular in shape with a lot frontage of 169.7 metres and a lot area of approximately 2.7 hectares (see Applicant's Submitted Plan, Attachment #2); - the site currently supports a detached dwelling and is heavily vegetated on its north and south-western limits; - the subject property is within the urban area. 2.0 APPLICANT'S PROPOSAL - the applicant has requested to amend the existing zoning by-law to allow a commercial dog kennel and associated uses such as: puppy sales; dog boarding; dog daycare; dog grooming; dog training; dog exercise facilities; veterinary hospital (for domestic animals); the retail sale of dogs and animal merchandise; and a caretaker's residence within the existing building as well as to construct a new detached dwelling; - the commercial uses are proposed to occur within the existing dwelling; - the applicant has proposed an addition to the existing dwelling which will accommodate the proposed caretaker's residence; Information Report No. 11-08 ""1-"-" # U Y( i f'.. ~ni'~),C, 'J ,"~,"1~, ___,",..__.,..,,, l REPORJ II PO () 3 -0 CJ Page 2 27 - the owner's have indicated that they will be living in the new detached dwelling and that the caretaker's residence will be employed by the owners of the site; - the owner of the subject property currently operates a dog kennel called "Rainbow Park" at 2970 Golf Club Road in Pickering; - the property at 2970 Golf Club Road does not comply with the Central Pickering Development Plan, the Provincial Minister's Zoning Order or the City of Pickering's Zoning By-law Number 3037. 3.0 OFFICIAL PLAN AND ZONING 3.1 Durham Regional Official Plan - the Regional Plan designates the subject property Greenlands System - Major Open Space Areas, where the predominant use of lands shall be conservation, a full range of agricultural, agricultural-related, and secondary uses; - the subject property is partially designated as a Key Natural Heritage and Hydrologic Features; appropriate development within these natural areas and features may proceed within these areas in accordance with this policy; non-agricultural uses such as but not limited to commercial kennels and major recreational uses may be considered subject to policies under the Plan; - the Plan allows local municipal official plans to further distinguish between non-agricultural uses which are compatible with the character of the Major Open Space Areas in urban and rural areas; - the Regional Plan designates Dixie Road as a Type-B Arterial Road, which permits the ability to accommodate the movement of moderate volumes of traffic (the City has requested a deferral to redesignate Dixie Road to a Type-C Arterial Road); 3.2 Pickering Official Plan - the City of Pickering designates the subject property Open Space System - Natural Areas within the Liverpool Neighbourhood; - among other uses, these areas are intended for conservation, environmental protection, restoration, education, passive recreation and similar uses, as well as existing lawful residential dwellings; - the Plan designates the subject property as an Environmentally Significant Area and as part of the Rouge-Duffins Wildlife Corridor, which is intended to function as a significant vegetated connector providing for species migration between the Rouge and Duffins Valley systems; - the Plan designates Dixie Road as a Type C - Arterial Road which is designed to carry lower volumes of traffic, at slower speeds, providing access to properties; Information Report No. 11-08 () 8 '- ... .H"fEr,!! # if ,. ;,);" P[i.....Q,,3-.Q..3._ Page 3 - the City Official Plan does not depict whether uses associated with commercial kennels are permitted, however such uses are considered under the Regional Official Plan, which is the higher order Plan; the subject application will be further reviewed to determine if it complies with the intent of the City's Official Plan; 3.3 Zoning By-law 3036 - the subject property is currently zoned 'A' - Rural Agricultural, which allows for a variety of agricultural uses; an accessory agricultural residence in association with a bona-fide agricultural operation is permitted in a Rural Agricultural Zone; the applicant requests to amend the existing zoning on the subject property to allow for a caretaker's residence in association with a commercial dog kennel operation in addition to other associated uses and a new detached dwelling. 4.0 RESULTS OF CIRCULATION 4.1 Resident Comments Ralph Sutton (President of Marshall Farms Community Association) provided questions such as but not limited to the requirement of a noise study, odour control and waste management, site inspections, types of dog services provided and the resting location of the dogs during the night for the proposed Dog Kennel facility (see Attachment #3); 4.2 Agency Comments Veridian Connections no comments (see Attachment #4); 4.3 Staff Comments in reviewing the application to date, the following matters have been identified by staff for further review and consideration: a Phase 1 Environmental Site Assessment Report is required; - to confirm if other animals such as but limited to cats, birds, horses etc. will be able to use the proposed facility; to ensure that all uses proposed by the applicant is in compliance with the City of Pickering and Region of Durham Official Plan; to establish a developable limit for the proposed new detached dwelling, the proposed addition to the existing building, proposed parking area, the proposed outdoor training area, as well as the location of the septic tank system; Information Report No. 11-08 erq i'\CHMHn #Y:-HH_,". TO C'..;.",;:.)'! If pn 0::.1. -/'1 CA "It". .....1f:'. ',- ,-,_.,,,,~-,-",.~~.._-.f.,,.,,.,,",,,,,___~,,,,,n Page 4 29 - to ensure that the proposed use and development will not cause any adverse impacts to the existing Environmentally Significant Area or the Rouge-Duffins Wildlife Corridor; - to ensure the site has sufficient amount of parking without adversely impacting Dixie Road. 5.0 PROCEDURAL INFORMATION - written comments regarding this proposal should be directed to the Planning & Development Department; - oral comments may be made at the Public Information Meeting; - all comments received will be noted and used as input in a Planning Report prepared by the Planning & Development Department for a subsequent meeting of Councilor a Committee of Council; if you wish to reserve the option to appeal Council's decision, you must provide comments to the City before Council adopts any by-law for this proposal; if you wish to be notified of Council's decision regarding this proposal, you must request such in writing to the City Clerk. 6.0 OTHER INFORMATION 6.1 Appendix No. I list of neighbourhood residents, community associations, agencies and City Departments that have commented on the applications at the time of writing report; 6.2 Company Principal - the owner of the subject property is Sandra Whiffin; - the applicant is Grant Morris c/o Grant Morris & Associates. ORIGINAL SIGNED BY ORIGINAL SIGNED BY Ashley Yearwood Planner I Lynda Taylor Manager, Development Review AY:ld Attac~ments Copy: Director, Planning & Development 30 .5 03 -09 Excerpts from Planning & Development Committee Meeting Minutes Monday, May 5, 2008 7:30 pm - Council Chambers Chair: Councillor Johnson (I) PART 'A' . PLANNING INFORMATION MEETING Zoning By-law Amendment Application A 10/08 S. Whiffin North Part of Lot 25, Concession 2 (2330 Dixie Road) City of Pickerinq A public information meeting was held under the Planning Act, for the purpose of informing the public with respect to an application submitted by S. Whiffin for pro"perty municipally known as 2330 Dixie Road. Lynda Taylor,. Manager, Development Review gave an outline of the requirements for a Statutory Meeting under the Planning Act. She also noted that if a person or public body does not make oral or written submissions to the City before a by-law is passed, that person ;or public body are not entitled to appeal the decision of City Council to the Ontario Municipal Board, and may not be entitled to be added as a party to the hearing unless, in the opinion of the Board, there are reasonable grounds to do so. Ashley Yearwood, Planner I, gave an overview of zoning amendment application A 10/08. Grant Morris, Planning Consultant for the applicant appeared before the Committee in support of the application. Ralph Sutton, 1104 Timber Court, appeared before the Committee and questioned whether the dogs recreation area would be fenced and where it was located on the property. Mr. Sutton also questioned whether the property would be gated so that if the dogs got loose they could not get out into the neighbourhood. 1