HomeMy WebLinkAboutPSD-070-04
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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
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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
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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