Loading...
HomeMy WebLinkAboutPSD-070-04 . ~ Clw:ington REPORT PLANNING SERVICES PUBLIC MEETING Meeting: GENERAL PURPOSE AND ADMINISTRATION COMMITTEE Date: Monday, June 21, 2004 Report #: PSD-070-04 File #: ZBA 2004-016 ~ '" . (hPfJ . 3:>;l-c>'f By-law #: ;2C()'( - /(P 7 Subject: AMENDMENT TO THE MUNICIPALITY OF CLARINGTON ZONING BY-LAW 84-63 TO DELETE "COMMERCIAL KENNELS" FROM THE LIST OF PERMITTED USES IN THE AGRICULTURAL (A) ZONE RECOMMENDATIONS: It is respectfully recommended that the General Purpose and Administration Committee recommend to Council the following: 1. THAT Report PSD-070-04 be received; 2. THAT provided that there are no significant issues raised in the Public Meeting, the proposed Zoning By-law contained in Attachment 1, be passed; 3. That the Region of Durham Planning Department be forwarded a copy of this report and Council's decision; and 4. That the interested parties listed in this report be advised of Council's decision. Submitted by: Da Id . rome, MCIP, R.P.P. Director of Planning Services Reviewed by: 0 ~"'&.. Franklin Wu, Chief Administrative Officer TW*L T*DJC*lw June 11, 2004 CORPORATION OF THE MUNICIPALITY OF CLARINGTON 40 TEMPERANCE STREET, BOWMANVILLE, ONTARIO L 1C 3A6 T (905)623-3379 F (905)623-0830 601 , REPORT NO.: PSD-070-04 PAGE 2 1.0 BACKGROUND 1.1 On April 5, 2004, Council adopted Resolution #C-193-04 directing Staff to initiate an amendment to the Municipality of Clarington Zoning By-law 84-63 to delete "commercial kennels" from the list of permitted uses within the Agricultural (A) zone. 2.0 PUBLIC NOTICE 2.1 Notice of the public meeting was provided in accordance with the provisions of the Planning Act and the Municipality of Clarington Official Plan. Notice was placed in the Canadian Statesman on May 26, 2004. 2.2 As of the writing of this report, staff has received seven (7) enquiries seeking clarification on the proposed amendment. All enquiries came from commercial kennel operators. The primary concern was the potential requirement for future development applications in the event that their commercial kennels are no longer a permitted use and they wished to expand or sell their business. 3.0 AGENCY COMMENTS 3.1 The application was circulated to relevant agencies for comment. The Clarington Engineering Services Department and Durham Region Planning Department have no objections to the application. 3.2 The Durham Region Planning Department has noted that the policies of the Official Plan states that kennels may be permitted on existing lots of record within the 'Permanent Agricultural Reserve' provided that such uses are zoned in the zoning by-law in a special zoning category, do not create nuisance for surrounding uses, have no adverse impacts on surrounding farm operations and conform to other provisions for such uses in an area municipal Official Plan. Kennels are also permitted in 'General Agricultural Areas' provided that such uses are compatible with their surrounding, will not conflict with agricultural activities, and conform with the Agricultural Code of Practice. 4.0 STAFF COMMENTS 4.1 Section 13.3.3 of the Clarington Official Plan permits dog kennels within lands designated General Agricultural Area subject to the following criteria: · 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; · do not conflict with any surrounding agricultural operations; · are not located on Class 1 or Class 2 soil as defined by the Canada Land Inventory of Soil Capability for Agriculture; · conform with the Minimum Distance Separation Formulae; and · do not abut any designated rural settlement area. 602 .' REPORT NO.: PSD-070-04 PAGE 3 4.2 Deleting "commercial kennels" from the "Agricultural (A) Zone" would require any future commercial kennel developments to be evaluated through the submission of a Zoning By-law Amendment Application. This would enable Council to review each proposal on a case by case basis, ensuring new commercial kennel operations meet the policies of the Clarington Official Plan, the development can be appropriately accommodated at the location, and that the use is compatible with the surrounding land uses. 4.3 Given the concern raised by existing commercial kennel operators, Staff has drafted an amending by-law that would delete the term " commercial kennels" from the permitted uses list in the Agricultural zone category and replace it with "commercial kennels which existed prior June 28, 2004". This would recognize existing kennel businesses that legally existed prior to Council's approval of the by-law amendment attached to this report. 4.4 If a commercial kennel legally established before Council's approval of the amending by-law were to cease operation and the use of the land were to change, the re- establishment of a commercial kennel would require the approval of a zoning by-law amendment, subject to compliance with the policies contained in the Clarington Official Plan. 5.0 CONCLUSIONS 5.1 It is respectfully recommended that in light of Council's direction and the comments contained in this report, the Zoning By-law Amendment contained in Attachment 1 be passed. Attachments: Attachment 1 - Zoning By-law Amendment List of interested parties to be advised of Council's decision: Brian O'Conner Leonard Chase 2836 Holt Road 2836 Holt Road Bowmanville, ON L 1 C 3K7 Bowmanville, ON L 1 C 3K7 Mrs. Patti Lucas 57 Monck Street Kendal, ON LOA 1 EO Michelle Jukic 6296 Cedar Park Road Bowmanville, ON L 1 C 3k2 Tim Tuffs Kendal Hills Kennel 8075 Maynard Road Orono, ON LOA 1 EO Susan MacDonald Camp LotsaDogs 7413 White Road Kendal,ON LOA 1 EO c/o John Palmer Clarington Kennel Owners Assoc. 5506 Regional Road 57 Bowmanville, ON L 1 C 3K2 603 . THE CORPORATION OF THE MUNICIPALITY OF CLARINGTON BY-LAW NO. 2004-_ being a by-law to amend By-law 84-63. the Comprehensive Zoning By-law for the Corporation of the Municipality of Clarington WHEREAS the Council of the Corporation of the Municipality of Clarington deems it advisable to amend By-law 84-63. as amended. of the former Town of Newcastle to delete "commercial kennels" from the list of permitted uses in the "Agricultural (A) Zone" (ZBA 2004-016); NOW THEREFORE BE IT RESOLVED THAT the Council of the Corporation of the Municipality of Clarjngton enacts as follows: 1. Section 6. "AGRICULTURAL (A) ZONE" is hereby amended by deleting provision 6.1 (b) (v) and replacing it with a new provision: "6.1 (b) (v) commercial kennels which existed prior to June 28, 2004": 2. This By-law shall come into effect on the date of the passing hereof, subject to the provisions of Section 34 of the Planning Act. BY-LAW read a first time this day of 2004 BY-LAW read a second time this day of 2004 BY-LAW read a third time and finally passed this day of 2004 John Mutton. Mayor Patti L. Barrie. Municipal Clerk 60t ATTACHMHH 1