HomeMy WebLinkAboutPD-81-97DN :DEV97004.GFATHE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
REPORT
General Purpose and Administration Committee
Meeting: File # '
Monday, June 16, 1997
Date: Res. # 1'
Report #: PD -81 -97 File #: DEV 97 -004 By -law # ®�
Subject: REZONING APPLICATION - M. & S. HUBER
PART LOT 24, CONCESSION 6, FORMER TOWNSHIP OF DARLINGTON
6401 SOLINA ROAD
FILE NO.: DEV 97 -004
Recommendations:
It is respectfully recommended that the General Purpose and Administration Committee
recommend to Council the following:
1. THAT Report PD -81 -97 be received;
2. THAT the Rezoning Application Dev 97 -004 submitted by M & S Huber to recognize the
size of an existing shed which exceeds the maximum allowable floor area for an
accessory structure of 93 m2 be APPROVED;
3. THAT the Rezoning Application Dev 97 -004 submitted by M & S Huber to permit a
commercial kennel be DENIED;
4. THAT the attached By -law amendment be forwarded to Council for adoption;
5. THAT a copy of this report and the amending by -law be forwarded to the Region of
Durham Planning Department; and
6. THAT any delegation and those persons listed in this report be advised of Council's
decision.
1. APPLICATION DETAILS
1.1 Applicant: M & S Huber
1.2 Owner: M & S Huber
1.3 Rezoning: From - Agricultural Exception (A -1)
To - a zone appropriate to permit the establishment of a
commercial dog kennel and to recognize the size of an existing
accessory structure which exceeds the maximum allowable floor
area by 5.45% (11 m2).
6 33
1.5 Area: 0.4 ha (1 acre)
2. LOCATION:
2.1 The subject lands are located in Part of Lot 24 Concession 6 former Township of
Darlington. They are identified as 6401 Solina Road.
3. BACKGROUND
3.1 An application to amend the zoning by -law to permit the establishment of a commercial
dog kennel was received on January 17, 1997. Before circulation of the application, the
applicant needed to confirm the area subject to the application. The applicant
determined that the best size for the kennel would be 0.4 hectares (one acre). The
proposed location is on the south side of the driveway, adjacent with the house and
existing shed (Attachment #2). The proposed dog kennel would house a maximum of
16 dogs.
3.2 In reviewing the application as submitted, it was noted that the existing accessory
structure (a shed), exceeded the maximum allowable floor area for an accessory
structure. The applicant has made the necessary revisions to the application as filed
to include an amendment to the by -law to permit the oversized accessory structure.
4. EXISTING AND SURROUNDING USES
4.1 Existing Uses: Rural Residential and Agriculture (Corn)
4.2 Surrounding Uses: East - Agricultural
West - Future Residential (18T89038) within the Hamlet of
Solina and existing rural residential use
South - Existing rural residential uses and agriculture
North - Existing rural residential uses and agriculture
5. OFFICIAL PLAN POLICIES
5.1 The lands are designated "Permanent Agricultural Reserve" in the Durham Region Official
Plan. The predominant use of land in this designation shall be agricultural and farm-
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PAG E 3
related agricultural. Farm - related uses include the raising of animals. Section 12.3.5
of the Durham Region Official Plan provides for the establishment of Commercial
Kennels in the Permanent Agricultural Reserve Designation provided it does not pose
any nuisance to the surrounding uses.
5.2 According to the Municipality's Official Plan, the subject lands are designated "Prime
Agricultural Area ". Lands so designated shall be used for agriculture and farm - related
uses /activities. Clarington's Official Plan does not contain a similar exception. The
establishment of a commercial kennel would require an Official Plan Amendment.
6. ZONING BY -LAW PROVISIONS
6.1 The lands are currently zoned "Agricultural Exception (A -1) ". The uses within this zone
are more restrictive then the Agricultural (A) zone and as such do not allow the
establishment of a commercial dog kennel. The uses permitted within the Agricultural
Exception A -1 zone are comparable with the more restrictive designation of Prime
Agricultural Area in the Clarington Official Plan.
6.2 The Comprehensive Zoning By -law defines both "Private Kennel" and "Commercial
Kennel ". The difference between the two definitions is that a "Commercial Kennel" allows
the boarding, breeding or keeping of more than three dogs for profit or gain whereas a
"Private Kennel" is one where more than 3 dogs are kept, bred or trained for the
personal, recreational use of the Owner of the subject lands. A "Private Kennel is
permitted within the "Agricultural Exception (A -1)" zone.
7. PUBLIC MEETING AND SUBMISSION
7.1 Pursuant to Council's Resolution of July 26, 1982 and the requirements of the Planning
Act the appropriate signage acknowledging the application was installed on the subject
lands. In addition, the appropriate notice was mailed to each landowner within the
prescribed distance.
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7.2 A few residents have come forward with concerns regarding this proposed use. They
are worried about the noise and smell which may be generated from this use. They are
also concerned about the potential contamination of their drinking water and that the
kennel would reduce property values in the area.
8. AGENCY COMMENTS
8.1 In accordance with departmental procedures, the application was circulated to obtain
comments from other departments and agencies. The following departments /agencies
in providing comments, offered no objection to the application as filed:
• Municipality of Clarington Public Works
• Municipality of Clarington Fire Department
• Durham Region Health Department
• Durham Region Planning Department
8.2 The Central Lake Ontario Conservation stated they have no objection to the application
but note that a permit will be required prior to construction of any structure.
9. EXISTING LICENSED KENNELS
9.1 From our information regarding licensed kennels, Staff have generated two tables. The
first table illustrates the size of the parcels on which existing licensed kennels are
located. The second table reviews the zoning of the different licensed kennel operations.
There are a total of 37 licensed private and commercial kennels located in Clarington.
6 -)6
TABLE 1
SIZE IN ACRES OF EXISTING
LICENSED KENNELS
Land Area in Acres
# of Licensed Kennels
< than 50 acres
6
20 - 49.9 acres
2
10 - 19.9 acres
17
5 - 9.9 acres
6
> 5 acres
6
Total:
37
PAGE 5
From the information collected, the majority (78 %) of existing licensed kennels are located on
lands having less than 20 acres. The fact that most of the kennels are located on smaller rural
parcels is consistent with the need to keep the larger farm parcels in "true" agricultural activities
as smaller land parcels are too difficult to farm. Hence the location of kennels on smaller
parcels does not detract from the potential of larger parcels to maintain an agricultural practice.
TABLE 2
ZONING OF EXISTING LICENSED KENNELS
Zone Category of
# of Licensed Kennels in
Licensed Kennels
the Specified Zone
Agricultural (A)
24
Agricultural Exception
5
(A -1)
Agricultural Exception
4
specifying a Kennel
(A -14)
Residential Hamlet
2
(RH)
Site Specific to allow a
2
kennel
Total:
37
This second table reveals that 30 of the 37 licensed kennels are located on lands
appropriately zoned. Commercial and private kennels are permitted within the
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REPORT • 'A
Agricultural (A) zone. Twenty -four (24) of the thirty -seven (37) licensed kennels are
located within this zone. Commercial Kennels are not permitted within the Agricultural
Exception (A -1) zone. The 5 kennels located on lands zoned A -1 are all private kennels,
which are permitted within the A -1 zone. The 2 kennels located within the Residential
Hamlet zone (RH) are legal non - conforming uses.
9.2 For the purpose of this report, rural residential establishments include residential hamlets
and recognized rural clusters. From the existing licensed kennel information, there are
2 kennels located within a hamlet. These kennels possess legal- non - conforming status.
There are 2 kennels located within close proximity to a hamlet and 1 kennel in close
proximity to a rural cluster. The two kennels located in proximity to the hamlet of
Hampton are situated no less than 400 metres from the limits of the hamlet. These
kennels are both zoned Agricultural (A) which permits a commercial kennel as a right.
The kennel located within proximity to the recognized rural cluster is zoned Agricultural
(A) and is situated approximately 500 metres from the limits of the cluster. These
kennels possess the appropriate zoning and were not subject to a zoning review process
in order for them to be established.
10. DISTANCE TO RURAL RESIDENTIAL USES
10.1 The closest house to the proposed kennel operation would be the existing residence
situated across the road. This house is located within the limits of the Hamlet of Solina.
The applicant has proposed that the kennel be set back 158 metres (520 feet) from the
road. The existing residence is located approximately 187 metres (614 feet) from the
proposed kennel. This distance accounts for the required 20 metre road allowance and
a 9 metre setback of the existing house to the road.
10.2 The closest rural residence to the south is situated approximately 250 metres (820 feet)
from the proposed kennel. The Bray residence is located approximately 370 metres
(1214 feet) south of the proposed kennel site and the Konzelman residence is 450
metres (1476 feet) south. The north eastern limit of the Hamlet of Solina is 500 metres
(1640 feet) south of the proposed kennel.
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10.3 The application is located directly across the road from the northern extension of the
Hamlet of Solina. This extension to the Hamlet was established through an Official Plan
Amendment application to support the Westlake Subdivision (18T89037). Any future
homes located within this draft approved plan of subdivision could be located a
minimum of 188 metres (617 feet) from the proposed kennel.
10.4 An existing agricultural operation is located 100 metres to the north of the site. It is not
expected that the proposed kennel will pose a problem or generate conflicts with this
farm operation.
10.5 Regardless of distance to residences, the Animal Control Division has stated that they
have received only 1 noise complaint involving a licensed kennel. This complaint
occurred many years ago and the operator has since moved and the license has never
been renewed.
11. STAFF COMMENTS
11.1 The Durham Region Official Plan allows kennels on existing lots of record within the
Permanent Agricultural Reserve designation provided that the use is appropriately zoned
and does not create a nuisance for the surrounding uses, has no adverse impacts on
surrounding farm operations and conforms to the local official plan. The Region of
Durham Planning Department have stated that the application appears to conform to the
Regional Official Plan.
11.2 Section 13.3.2 of the Clarington Official Plan states that:
"Prime Agricultural Areas shall be used only for farm and farm - related uses
including the use of land, buildings and structures for nurseries, the
growing of crops and the raising of livestock."
If the lands were designated "General Agriculture" the following policies of Section 13.3.3
71.
"General Agricultural Areas shall be predominantly used for farm and farm-
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REPORT . PD-81-97
related uses in accordance with Section 13.3.2. In addition, lands so
designated may also be used for..... dog kennels...... provided that such
uses:
a) Are compatible with the existing and /or designated land uses in the surrounding
areas and do not generate excessive amounts of odour, traffic and other
nuisances;
b) Do not conflict with any surrounding agricultural operations;
c) Are not located on Class 1 or Class 2 soil as defined by the Canada Land
Inventory of Soil Capability for Agriculture;
d) Conform with the Minimum Distance Separation Formulae; and
e) Do not abut any designated rural settlement areas.
This application would not appear to conflict with surrounding agricultural operations and
would conform with the Minimum Distance Separation Formulae.
However, the subject lands are situated on Class 1 soils as identified on the Canada
Land Use Inventory Map, and are located adjacent to a rural settlement area being the
Hamlet of Solina. In addition, the issue of noise being a nuisance has also been raised
as a concern. Based on the above Official Plan criteria, the proposal does not satisfy
condition "c" and "e ".
11.3 The applicant has provided Staff with a considerable amount of information regarding
their proposed kennel operation. The Hubers obtained an opinion from a veterinarian
stating that "the site is ideally suited" for a kennel. The veterinarian further states that
any potential problems associated with excessive barking can be easily controlled by
appropriate landscaping and kennel management. The veterinarian also noted that with
"the holding tank for the dog feces and the amount of urine produced by the number of
dogs the kennel could facilitate, poses no risk to the environment ".
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O PD-81-97 •.
11.4 The Hubers also submitted a letter from another kennel operator. This kennel operator
noted that the kennel design proposed provides the dogs with "a care regimen which
keeps the dogs busy, active, and socializing with people and other dogs. Such care,
provides the animals with sufficient mental and physical activity so as to address the
problem of boredom and nervousness, resulting in very minimal, and in most cases a
complete eradication of noise."
11.5 The Hubers have also stated that by locating the kennel in the northern half of the
property, there exists 200 metres between it and the south property line. With the
exception of the area utilized by the residential use and the proposed kennel, the
remainder of the lands will be cropped. The lands in the past have been seeded with
corn and the applicant has stated that they will continue to lease the lands for crop
purposes. Along the south boundary of the property exists a somewhat substantial row
of trees and shrubs. These trees in combination with the corn field will provide a natural
noise buffer. They have also stated that they will, if required, plant coniferous trees
which will provide an additional noise buffer.
11.6 Staff believe that the proponents would be conscientious kennel operators ensuring the
health and safety of their dogs, as well as maintaining their kennel operation in good
repair which will ensure the health and safety of their neighbours. However, we must
consider the fact that this application does not meet all the criteria as identified in
Section 11.2 of this report and as such does not conform with the policies of the
Clarington Official Plan.
11.7 The Comprehensive Zoning By -law permits private kennels within the Agricultural
Exception (A -1) zone. It is noted that if the applicant wishes to have a private kennel,
he may do so and still be in conformity with the zoning by -law. It is important to note
that a private kennel is a permitted use in the A -1 zone, and the Huber's can still erect
a kennel structure having a maximum of 3 dogs.
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REPORT 1
11.8 The size of the shed is a separate and distinct issue which merits different considerations
then the proposed kennel use. In 1990 the Ontario Building Code was changed
requiring the issuance of building permits for farm structures. Prior to that, farm
structures did not need a permit. This shed was constructed prior to 1990 and records
indicate that when construction was underway it was classified as a farm structure. The
Comprehensive Zoning By -law does not restrict the size of farm structures.
However, the applicant has stated that it is not a farm structure and he has no intention
of using it for farm purposes. As such the structure is accessory to the residential use,
and it must meet the minimum standards of the Comprehensive By -law. The shed
exceeds the allowable floor area permitted within the Comprehensive Zoning By -law by
5.45%(11 m2).
12. CONCLUSION
12.1 Despite the information provided by the Hubers and by the documentation regarding the
existing licensed kennels, Staff can not support the application to permit a commercial
dog kennel as the basis for planning decisions, being Official Plan conformity, can not
be met.
However, a by -law is attached to permit the accessory structure as we do not have any
objection to recognizing the size of the shed.
Respectfully submitted,
Franklin Wu, M.C.I.P., R.P.P.
Director of Planning
and Development
HB *LT *FW *df
10 June 1997
Attachment #1 - Key Map
Attachment #2 - Site Plan
Attachment #3 - By -law
Reviewed by,
- - I-- A ff Z::: �(A
W.H. Stockwell
Chief Administrative
Officer
42
REPORT NO.: PD-81-97 PAGE 11
Interested parties to be notified of Council and Committee's decision:
M & S Huber
6401 Solina Road
Hampton, Ontario
LOB 1 JO
Mr. and Mrs. Konzelmann
6255 Solina Road
Hampton Ontario
LOB 1 JO
Mr. and Mrs Bray
6301 Solina Road
Hampton
LOB 1 JO
Mr. and Mrs Conti
1972 Concession Road 6
Hampton, Ontario
LOB 1 JO
643
ATTACHMENT #2
I r
THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON
BY -LAW NUMBER
being a By -law to amend By -law 84 -63, the Comprehensive Zoning By -law for the former
Town of Newcastle
WHEREAS the Council of the Corporation of the Municipality of Clarington enacts as
follows:
1. Section 6.4 "Special Exception - Agricultural (A) zone" is hereby amended by
adding thereto, the following new Special Exception 6.4.57 as follows:
"6.4.57 AGRICULTURAL EXCEPTION (A -57) ZONE
Notwithstanding the provisions of Section 3.1 d. LOT COVERAGE AND HEIGHT,
those lands zoned A -57 on the Schedules to this by -law shall permit a non -farm
accessory structure with a total floor area of 93 m2."
2. Schedule "1" to By -law 84 -63, as amended, is hereby further amended by
changing the zone category from:
"Agricultural (A)" to "Agricultural Exception (A -57) ".
3. Schedule "A" attached hereto shall form part of this By -law.
4. This By -law shall come into effect on the date of passing hereof, subject to the
provisions of Section 34 of the Planning Act.
BY -LAW read a first time this day of 1997.
BY -LAW read a second time this day of 1997.
BY -LAW read a third time and finally passed this day of 1997.
MAYOR
CLERK
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This is Schedule "A" to By —law
97—
,
passed this
day of
1997
A.D.
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