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HomeMy WebLinkAboutPSD-069-16Planning Services Report If this information is required in an alternate accessible format, please contact the Municipal Clerk at 905-623-3379 ext. 2102. Report To: Planning and Development Committee Date of Meeting: December 5, 2016 Report Number: PSD-069-16 Resolution Number: File Number: PLN 8.19 By-law Number: Report Subject: By-law Regulations for Dog/Pet Home Cares Recommendations: 1.That Report PSD-069-16 be received for information; and 2.That all interested parties listed in Report PSD-069-16 and any delegations be advised of Council’s decision. Municipality of Clarington Report PSD-069-16 Page 2 Report Overview On October 3, 2016 the delegation of Sandra Harrop regarding a request for an amendment to the Zoning By-law to permit a dog daycare was presented to the Planning and Development Committee and subsequently referred to staff to provide a report. The submission requested a general amendment to applicable regulations to permit such uses in rural areas. This report reviews the request and provides the background and context of current by-laws regulating Dog/Pet Home Cares and Kennels. 1. Background Planning Staff contacted Ms. Harrop to receive clarification on her request. The following is an outline of her proposed business: Wishes to find a countryside property to run a dog daycare business for up to 10 dogs. Hours 8pm-6pm, Monday to Friday. No weekend operations. No overnight stays. Dogs would be kept in an accessory building. 2. Land Use Planning Policies regarding Kennels 2.1 Land use planning policies on kennels are included in the Durham Regional Official Plan, and implemented and regulated as a land use in the Clarington Official Plan and Zoning By-laws. 2.2 The Regional Official Plan permits “kennels” as an accessory use to an agriculture operation in the Prime Agriculture or Rural designation, and “commercial kennels” within the Rural designation. There is no definition of a “commercial kennel” but the Regional Official Plan is making a distinction where a kennel would be the principal use of the land. Municipal staff looked to the Kennel Licensing By-law and Responsible Pet Owners By- law to distinguish the threshold at which point a business would be considered a Kennel. As described below, the keeping of four or more dogs would be considered a Kennel, subject to exceptions. 2.3 The Clarington Official Plan, as amended by Official Plan No. 107 permits Kennels on lands designated Rural (formerly Green Space and General Agricultural). These policies conform to the direction of the Regional Official Plan which prohibit commercial Kennels on Prime Agricultural Lands. A site specific zoning by-law amendment for kennels following a review against the policies to demonstrate compatibility, limit impact to agricultural uses, and mitigate against potential nuisances. The potential lands where kennels can be located are shown in Attachment 2. Municipality of Clarington Report PSD-069-16 Page 3 2.4 Rezoning applications to permit Kennels in Urban areas, Settlement Areas, Prime Agricultural Areas or on much of the Oak Ridges Moraine would not be permitted by the policies of the current Official Plan, or Official Plan Amendment 107. 2.5 Recognizing that not all dog care operations require the rigorous process of a rezoning and the associated time and costs, in the fall of 2015 as part of a general amendment to Zoning By-law 84-63, Planning staff recommended Pet Home Care operations be permitted as a Home Occupation, acknowledging that there is merit to allowing small pet care operations without requiring a Planning Act application or a kennel license. Pet Home Cares operating as a home occupation are permitted with up to three dogs provided they do not provide continuous care for more than 24 hours. It is expected that the home occupation provisions on the Oak Ridges Moraine will be updated through the Comprehensive Zoning By-law Review of both Zoning By-laws to implement the recently Council approved policies of the Clarington Official Plan. This review will begin in 2017. 2.6 At the present time, there are six parcels currently zoned to permit kennels in Clarington. 3. Municipal By-laws regarding the keeping of dogs 3.1 The Municipality further regulates the keeping of dogs by two by-laws being the Responsible Pet Owner’s By-law and the Kennel Licensing By-law, administered by the Clerk’s Department. Responsible Pet Owners By-law 2013-024 3.2 The Responsible Pet Owners By-law was updated in 2013. This update established a maximum of three dogs permitted per property. An exemption is provided for lands zoned Agricultural, whereby an owner can have three licensed dogs, and board up to three additional dogs for a total of six dogs without a kennel license. Exemptions are also provided for those who are involved in hunting, showing or who have working dogs as part of their husbandry provided the owner can provide proof of active participation in governing organizations. A further exemption is provided if a person moves to Clarington with more than three dogs from a previous municipality that permitted the dogs, or if two families merge and they collectively have more than three dogs. Kennel Licensing By-law 2013-025 3.3 The Kennel Licensing By-law was also updated in 2013 and applies to those owners who board or breed four or more dogs, and who are not eligible for exemptions as discussed above. 3.4 The by-law also establishes minimum standards for indoor and outdoor enclosures, food and water, cleanliness and sanitization, veterinary records etc. to ensure the health and wellbeing of pets. These facilities are inspected annually for compliance with the by-law. Municipality of Clarington Report PSD-069-16 Page 4 3.5 The Manager of Animal Services advises 10 kennels are currently licensed in Clarington, many of which predated the requirement for site specific zoning. 3.6 Consultation with kennel operators and the agricultural community took place during the review in 2013. Licensed kennel operators expressed concern about Pet Home Cares essentially operating as Kennels but not going through the process of rezoning or licensing lands. Kennel operators and the agricultural community were generally satisfied with the Kennel Licensing By-law and Responsible Pet Owners By-law both passed in 2013. 4. Discussion 4.1 In reviewing Ms. Harrop’s delegation and business plan, staff reviewed the following: Question # 1: Is the proposed business considered a Kennel according to the Kennel Licensing By-law? Question # 2: Is the land use planning approval process for a Kennel appropriate for the request? Question # 1 4.2 Yes, the proposed business is considered a kennel according to the Kennel Licensing By- law as it considers anyone boarding four or more dogs for a temporary period of time for financial gain a Kennel. The size threshold of four or more dogs is commonly used because it is easily measured and the more animals under care by single owner, increases the probability of noise and nuisance issues. Using the word “temporary”, it does not distinguish between whether it is less than 24 hours or greater than 24 hours. The proposed business by Ms. Harrop is intended to operate between 8 am and 6 pm, with no weekend or overnight care providing care for up to ten dogs. The operation is for financial gain and the number of dogs exceeds the minimum threshold in the Kennel Licensing By-law and therefore would be considered a Kennel. The following highlights the provisions of the Kennel By-law that would apply: Annual license and inspections; Kennel construction standards including temperature and ventilation; Indoor and outdoor enclosure facilities; Minimum standards of care; and Record keeping. The regulations established by the Kennel Licensing By-law ensure the health and safety of the pets, staff and members of the public who attend the facility. Municipality of Clarington Report PSD-069-16 Page 5 Question # 2 4.3 Yes, for land-use planning approval process for a kennel is appropriate for the request. In order to satisfy the Regional Official Plan and the Clarington Official Plan policies for Kennels, Ms. Harrop would require the following: A parcel within the “Rural” land use designation of the Clarington Official Plan (see Attachment 2); Preconsultation with staff and agencies, followed by an application for a site-specific Zoning By-law Amendment, subject to the submission and approval of supporting studies; The rezoning would be reviewed and required to satisfy the Clarington Official Plan policies. The applicant would have to demonstrate: a) The property is a suitable size and configuration and has sufficient setbacks to not interfere with neighbouring agricultural and residential uses; and b) All impacts are assessed and mitigated to reduce and eliminate any nuisance to the neighbouring community. Should a rezoning be approved, Site Plan Approval would be required and the Owner would also require a Kennel License. 4.4 Requiring a Kennel business or Dog Care business with four or more dogs to proceed through a site-specific rezoning process and site plan approval has merit and provides: Review of such issues as fire protection and emergency response, building code requirements, water and septic services, conformity to the Kennel Licensing By-law i.e. review of enclosure spaces. A public process allows neighbours to participate with concerns and input on mitigating impacts. Implementation of site specific regulations such as setbacks, landscapes strips. Approval of site plan drawings and agreement to implement the rezoning and approve details such as access, landscaping, fencing, building placement and treatment and servicing. 4.5 Ms. Harrop in her letter supports a licensing process similar to that in place for kennels, but requests removing the need for a rezoning and site plan approvals. Removing the land use planning process may result in matters not covered by the licensing process without review of important items outlined in Section 4.3 and 4.4. Removing the public component could result in improper mitigation of impacts and many additional complaints. It also creates an uneven playing field for those Kennel operations that have already gone through the rezoning and licensing process. Further, it becomes difficult to differentiate and enforce licensing for a dog day care that has four to ten dogs on a daily basis and a kennel that has four to ten dogs on a weekly basis. Municipality of Clarington Report PSD-069-16 Page 6 4.6 There does not appear to be any compelling reasons for further review and/or amendment to any municipal by-laws relating to kennels and dog daycares at this time. Staff recommend that the Municipality continue with the status quo of defining Kennels and the required land use planning approval process. 5. Concurrence This report has been reviewed by the Manager of Animal Services and the Municipal Clerk who concur with the recommendations. 6. Conclusion Over the years due to complaints regarding noise and nuisance (impact on grazing animals), the extent of the areas where kennels are permitted have been reduced to those lands with a Rural designation. Kennel licencing provisions apply when there are four or more dogs and does not recognize dog day care as a distinct use. In lands subject to By-law 86-63 as amended (outside of the Oak Ridges Moraine), Pet Home Care, which includes grooming and boarding services for up to three dogs, are permitted on lands with a Home Occupation provision. The home occupation use is conducted in part within the home. These provisions are in the process of being extended to the Oak Ridges Moraine. Ms. Harrop’s proposal would be considered a kennel. It would be required to be located within the Rural designation and it would be subject to site specific rezoning and the kennel licencing provisions. 7. Strategic Plan Application Not Applicable Municipality of Clarington Report PSD-069-16 Page 7 Submitted by: Reviewed by: David J. Crome, MCIP, RPP Curry Clifford, MPA, CMO Director of Planning Services Interim CAO Staff Contacts: Duncan Anderson, Animal Services Manager, 905-623-3379 ext. 2110 or danderson@clarington.net; Anne Taylor Scott, Senior Planner, 905-623-3379 ext. 2414 or ataylorscott@clarington.net. Attachments: Attachment 1 Written Letter from Ms. Sandra Harrop presented to Planning and Development Committee on October 3, 2016 Attachment 2 Rural Land Use Map The following is a list of the interested parties to be notified of Council’s decision: Sandra Harrop ATS/CP/tg I:\^Department\LDO NEW FILING SYSTEM\PLN Planning Files\PLN 8 Other By-laws\PLN 8.19 Kennels & Pet Home Care\Staff Reports & Interested Parties List\PSD-069-16 Kennels Pet Home Care.docx Municipality of Clarington Attachment 1 to Report PSD-069-16 Attachment 2 to Municipality of Clarington Report PSD-069-16