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HomeMy WebLinkAboutInformation Report 07-14 C;f<< 00 2,3, information Report to Planning & Development Committee PICKERING Report Number: 07-14 Date: June 2, 2014 From: Catherine Rose, MCIP, RPP . Chief Planner Subject: Zoning By-law Amendment Application A 4/14 C. Bollmann 3325 Highway 7 1. Purpose of this Report The purpose of this report is to provide preliminary information on a Zoning By-law Amendment Application, submitted by C. Bollmann, to permit a dog daycare and boarding facility with associated retail on a permanent basis. This report contains general information on the applicable Official Plan and other related policies, and identifies matters raised to date. This report is intended to assist members of the public and other interested stakeholders to understand the proposal. Planning & Development Committee will hear public delegations on the application, ask questions of clarification and identify any planning issues. This report is for information and no decision on this application is being made at this time. Staff will bring forward a recommendation report for consideration by the Planning & Development Committee upon completion of a comprehensive evaluation of the proposal. 2. 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 with approximately 80 metres of frontage along Highway 7 • 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, which has now expired (see Background, Section 3 below), • a tributary of Lynde Creek traverses through the southwest portion of the subject property, approximately 300 metres south of the existing buildings • the surrounding land uses include residential to the east and west, and agricultural to the north and south 1 • Information Report No. 07-14 Page 2 3. Background • • in 2005, the applicant submitted a zoning by-law amendment application to permit a dog daycare and boarding facility with associated retail, on the northern portion of the subject property, while retaining the existing residence • during the review of the application, a number of issues relating to noise, the structural integrity of existing buildings, and the need for site plan approval were identified; although the structural integrity of the building was addressed, there was an on-going concern with the potential for noise • accordingly, in 2007, City Council approved the use by passing a temporary use by-law, for a period of three years, to allow the potential impacts of noise to be monitored • Site Plan Approval was granted in May 2010, but 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 that temporary use zoning by-law expired on March 24, 2014 • 4. Applicant's Proposal • the applicant is proposing to permit a dog daycare and boarding facility with an associated retail use on a permanent basis within the existing two storey building • only the northern 0.6 of a hectare of the subject property is proposed to be rezoned • the 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 owner will reside within the existing dwelling on the property • the applicant also requests to maintain all of the site-specific zone provisions established in the 2011 temporary use zoning by-law amendment, which are further discussed in Section 5.4 of this report • 5. Policy Framework 5.1 Provincial Greenbelt Plan • the Greenbelt Plan designates the southern third of the subject property as "Protected Countryside — Natural Heritage System", which permits a full range of existing and new agricultural, agricultural-related and secondary uses and normal farm practices • the applicant's facility is situated outside of the Provincial Greenbelt 2 Information Report No. 07-14 Page 3 5.2 Durham Regional Official Plan • the northern portion of the property accommodating the dog daycare facility is designated "Rural Settlements— Hamlet" • Rural Settlement— Hamlet areas are intended to accommodate limited growth supporting residential, social, commercial and employment development serving the immediate needs of residents within the hamlet and the surrounding rural area • a "Major Open Space" designation applies to the southern portion of the subject property which is not proposed to be rezoned • the proposal appears to comply with the policies and provisions of the • Regional Official Plan 5.3 Pickering Official Plan • • the Pickering Official Plan designates the northern portion of the property, , accommodating the dog daycare facility and the detached dwelling, as "Rural Settlements — Rural Hamlets" and "Hamlet Residential"within the Kinsale Settlement Area; the remaining portion of the property is designated as "Open Space System — Natural Areas" • Rural Hamlet areas permit a variety of uses including residential, commercial, community, cultural and recreational uses serving the surrounding area • the Kinsale Settlement policies encourage opportunities for enhancing the historic village of Kinsale through general or site-specific zoning that'allows the introduction of arts and craft studios, workshops and small-scale commercial enterprises on suitable sites, provided that the historic character of the village and the interests of neighbouring residents are respected • Schedule II to the-Pickering Official Plan — "Transportation System" and Schedule IV-9, Hamlet of Kinsale, identify a proposed future Highway 7 by-pass through the southern portion of the subject property; however, an Environmental Assessment undertaken by the Ministry of Transportation in July 2007, concluded that Highway 7 would be widened in its current location, and the option for a by-pass was not accepted; Highway 7 was widened in December 2013 • Highway 7 is identified as a "Type A" Arterial Road which is the highest order arterial road and is designed to carry large volumes of traffic at moderate to high speeds • the applicant's proposal complies with the policies of the Pickering Official Plan 5.4 Zoning By-law 3037 • the northern portion.of the subject property, situated within the Hamlet of Kinsale, is zoned as "CLR8-DD" — Cluster Residential Dog Daycare, under Restricted Area Zoning By-law 3037 as amended by By-laws 2623/87, 3450/90, 6787/07 and 7116/11, whereas the remainder of the property is • zoned as "A" — Rural Agricultural • the base "CLR8" zone permits one detached dwelling 3 Information Report No. 07-14 Page 4 • the"CLR8-DD" zone permitted a Dog Daycare and Boarding Facility on a temporary basis; however, this by-law expired on March 24, 2014 • the site specific provisions in the temporary use zoning by-law included: • 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 • an amendment to the zoning by-law is required to permanently permit the dog daycare boarding facility with associated retail on the portion of the property currently zoned "CLR8-DD" • the owner proposes to maintain the existing site specific zoning provisions • 6. Comments Received 6.1 Resident Comments • none received in response to the circulation date 61 Agency Comments • Central Lake Ontario • no objections 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 6.3 City Departments Comments City of Pickering Animal • no resident complaints have been received Services for the subject Dog Daycare and Boarding facility • the facility is currently in compliance with Animal Service's Boarding Kennel License City of Pickering Municipal • no resident or customer complaints have Law Enforcement Services been received for the subject dog daycare and boarding facility • the existing facility is currently licensed 4 Information Report No. 07-14 Page 5 7. .Planning & Design Section Comments • the City Development Department has no significant concerns with respect to the Zoning By-law Amendment Application • a number of issues relating to noise, the structural integrity of the previous barn, and the need for site plan approval were identified during the review of the previous zoning amendment applications • these issues were addressed in the temporary use by-laws approved by City Council in July 2007 and in March 2011, and Site Plan Approval was granted in May 2010 • any additional issues as a result of this application will be addressed in the proposed zoning by-law 8. information Received Full scale copies of the plans and-studies listed below are available for viewing at the offices of the City of Pickering, City Development Department: • Business Operations Plan/Planning Rationale • Phase I Environmental Site Assessment • Final Site Plan (approved by the City of Pickering, City Development Department, May 4, 2010) • 9. Procedural Information 9.1 General • written comments regarding this proposal should be directed to the City Development Department • oral comments may be made at the Public Information Meeting • all comments received will be noted and used as input to a Planning Report prepared by the City Development Department for a subsequent meeting of Council or a Committee of Council • any member of the public who wishes to reserve the option to appeal Council's decision must provide comments to the City before Council adopts any by-law for this proposal • • any member of the public who wishes to be notified of Council's decision regarding this proposal must request such in writing to the City Clerk 10. Owner/Applicant Information • the owner/applicant of the subject property and the Doggie Minder Dog Daycare & Boarding facility is Corinna Bollmann • 5 Information Report No. 07-14 Page 6 Attachments 1. Location Map 2. Submitted Plan Prepared By: Approved/Endorsed By: 1 Diu t t C-kw^� Ashley Ye.II :od, MCIP, 'P Catherine Rose, MCI , PP Planner Chief Planner • l� Nilesh Surti, MCIP, RPP Manger, Development Review & Urban Design , AY:jf Attachments Date of Report: May, 12, 2014 Copy: Director, City Development • f,. 6 Attachment#2.--to Information Report#_.,22.: � 1 0 fx <w Z KINSALE _ HIGHWAY 7 I p■ HIGHWAY 7 7 ......., , , • ••4 .• • .. •, '-.1.-': 1 �•iiiii• •ii••i••4. •O•iiiii !i!�!�!�!•!�!4• , 4". 7 .... ' - - 4- --•-• • ■►iiiiiii .: ■ SUBJECT .iiiiii4 PROPERTY '•O•❖•❖•� 9 ►iii•iii •O•i••• i ••iiiii' �••4s •••••••� ♦•••••• 0 . c } W 0 I D Q /\ N ir _ I r-l-- Location Map "`q off - FILE No:A 04/14 ��� � ���'�� APPLICANT: C. Bollmann PROPERTY DESCRIPTION: 3325 Highway 7 (N. Pt. Lt. 2, Con. 5) City Development Department DATE: Apr.7,2014 Date Sources: Q Teranet Enterprises Inc and Its suppliers. All rights Reserved. Not a plan of survey. SCALE 1.5,000 PN-RUR 2013 UPAC and Its suppliers. All rights Reserved. Not a plan of Survey. 7 Attachment# a to Information Report#--0-7-/.5� • HIGHWAY 7 1 .. /, • , :-. \.,.,.*-- , _ —. ,L ! \- II �t - ' I « it I• EXISTING ��% e I sr a i� I • 1 STOREY DWELLING I$ I 1- I I o- .611 j • t 1 eel \ y� "1 1 I EXISTING E I I 1 TWO STOREY u-) g - d--, .1 DOG DAYCARE cNi I i AND — I 1 BOARDING FACILITY . / PE . r(---7 EXISTING 1 • c h' FENCED-IN I1 f OFF-LEASHED AREA • I 1 E I ,Lo 1 1 I 1 1` it It I. I1 lc • . K Ig t \ / 1 / 1 •,...—— _//ate\ N Submitted Plan C`fK' FILE No: A 04/14 ` = ' APPLICANT: C. Bollmann te liONCIO IOC PROPERTY DESCRIPTION:3325 Highway 7 (N. Pt. Lt. 2, Con. 5) City Development , . Department DATE:Apr.7,2014 S