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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 amile 0°*11 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 I • • E 230.2m I , T 92.om , 138.2m 1 7BSm EP '; (ND) • E _It ze E = ch • REGIONAL FLOOD UNE 0 CLR6^ 92.5m 499m O \5r"."'00, S3.lm A LOT 3 ¢^ LOT 2• J u CONCESSION 6 E ar CONCESSION 6 t AS ESTABLISHED BY THE tn74m CENTRAL LAKE ONTARIO —————T'—— 7.7m _ CONSERVATION AUTHORITY 1 I ' CLR7 ——— �m ill LR6 . IEGIONAL FLOOD UNE• J CLR6. • ' --.------I ' ,403m • � CL-CA .�E �S S.W.ANGLE OF LOT 2,CDN.I 6 149.1m HIGHWAY 7 HIGHWAY 7 232.6m i CD1_1108- !MI' , . 1 232.6m 14/ REGIONAL FLOOD U E. 6 K (�GIONAL Flop UNE• • I �$'HL _ i,w CS-HL I I LOT 3 < I LOT 2 I- I I CONCESSION 5 CONCESSION . l I I I I . I I I II I I I'T 1 ---I I IN SCHEDULE I TO BY-LAW 2623/87 PASSED THIS 1 1 th DAY OF January 1988 AMENDED BY BY-LAW 3450/90 FURTHER AMENDED BY BY-LAW ' 6696/06 FURTHER AMENDED BY BY-LAW • :_ Al. MAYOR ' a'r CITY CLERK • 31 • . - 1 . . . ATTACHMENT# I TO . . REPOR1 # ?t.-i Valli . . . , a (/) z R" 11111-- _ . KINSALE „---: . _- \ .... ( . . L., HIGHWAY 7 HIGHWAY 7 • "wiry, •• • • 4 * N p. : IIII r- 3, ....... J , ' •• • • i • • 4. ■ a ‘•- •••■ 1 4 • 4 SUBJECT - '..."...\ . _ PROPERTY . • 1 • . • • .) _ ****** •• ..* •• ,.. . • ' , . • • • • • • • •• ••• •4 - • e 4,,,, 1 4 ■ • •• ‘ •4 . ■4‘• • tok • • *. : • . . 4 . • .• A‘ •• •••• ••• ■ •*4, i 4 0 0 .• , 0 >— Li —1 0 < , • .°7\ N '-' • Location Map Carl oii I FILE No:A 04/14 ,---„--,_--,,_„zr,..- 114i.-.-_-_---,,-,7•_-1,-_- 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: Throne Enterprises Inn. and its suppliers. All rights Reserved. Not a plan of curs'c'1. . 2013 MPAC and Its suppliers. All rights Reserves!. Not a plan of Survey. SCALE 1:5,000 FN-FIUR 1 . 32 . . f ATTACHMENT# a TO REPORT 0 PL \ I6 __. HIGHWAY 7 61.2m - s,� `1 19.2rt� .. - } 1 4 it � I I 1 =a-R k 1: y ei i I ' • t 1 1 $ _ 4 v I ti, (?�////l///////////////X//, - _ !b t. EXISTING j/ 1.6' ' °° •�lk Lt i 1 STOREY DWELLING z.,,, .'` 11S t 1 Fl i t 1 z�x \-'__..-1 r 1 1 EXISTING 1 I 1 1 TWO STOREY In g e I ..1 DOG DAYCARE 1 AND } BOARDING FACILITY 4. EXISTING /� 1 1 8 FENCED-IN ■ OFF-LEASHED AREA 1 VW.TO 5,IaL MIT NAME ' o i . E 11 , ::6' 11 1i • ' t J 1. / 47 / 1 i J 1' - Submitted • Plan City.0 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 33