Request for Delegation

Transcription

1 : Request for Delegation Anention: City Clerk, City of Brampton 2 Wellington Street West. Brampton ON bram pton.ca Phone: (905) Fax: (905) L6Y 4R2 For Office; Use Only Meeting Name " MeattngDale Request Date August Name of Individual(s) Arisa Babiuk Position/Title Name of Organization or Person being represented Happy Dogs Canine Centre (Located at 2578 Bovaird Dr W) RECEIVED 0LERK'8DEPT. AU Full Address for Contact 18 Meadow Bush Ct, Brampton ON, L6S 5B6 Contact Phone No Fax No. Subject Matter to be Discussed Site Plan Approval Bovaird Dr W Action Requested I would like to ensure that the Site Plan approval requirements are adhered to as ordered by the Ontario Municpal Board. Attach additional page il required I am submitting a formal presentation to accompany my delegation I Yes No I will require the following audio-visual equipment/software for my presentation: Document Camera/Overhead Projector DVD Player PowerPoint Other - please specify Note: Delegates are requested to provide to the City Clerk's Office one week prior to the meeting date: (i) 30 copies of all background material and/or presentations, and (ii) for PowerPoint and other visual presentations, an electronic copy of the presentation (e.g., DVD, CD,.ppt file) to ensure compatibility with corporate equipment. Once the above information is received by the City Clerk's Office, you will be contacted by a Legislative Coordinator to confirm your placement on the appropriate agenda

2 ISSUE DATE: March 5, 2009 PL Ontario Ontario Municipal Board Commission des affaires municipals de POntario IN THE MATTER OF subsection 45(12) of the Planning Act, R.S.O. 1990, c. P. 13, as amended Appellant: Applicant: Arisa Babiuk Amarjit Khattra and Ranbir Khattra Subject: Minor Variance Property Address/Description: 2578 Bovaird Drive West Variance from By-law: By-law Municipality: City of Brampton Municipal File No.: A OMB Case No.: PL OMB File No.: PL APPEARANCES: Parties City of Brampton Counsel S. Bauman Arisa Babiuk DECISION DELIVERED BY A. CHRISTOU AND ORDER OF THE BOARD CONTEXT Arisa Babiuk (Applicant/Appellant) has appealed the decision of the Committee of Adjustment of the City of Brampton, under Subsection 45(12) of the Planning Act, which refused to authorize a Minor Variance to permit a kennel facility, including dog daycare, boarding, grooming and training. By-law does not permit the proposed use in the Commercial Agricultural zoning of this property and therefore, a variance is required to permit the use. In support of the application, the Board heard from the Applicant, Arisa Babiuk and from Corinne Campbell, an officer with the City's Animal Control Unit. In opposition, the Board heard from four area residents. The City attended, but took no

3 -2- PL position in support or in opposition. The City's Development Planner, Toula Theocharidis, provided factual planning evidence to assist the Board. THE EVIDENCE The Board heard the following factual evidence: The land is located at 2578 Bovaird Drive West, west of Heritage Road; There are two buildings on the property - a commercial building at the front and a two-storey residential building at the rear; There are single detached dwellings to the east and north of this property, a Place of Worship on the west side, and agricultural land on the south; The land is designated "Residential" in the Official Plan and does not permit Agricultural uses; The land is zoned Commercial Agricultural - CA; The CA zone does not permit kennels; The residential properties in the vicinity are zoned Agricultural; There is a Holding (H) provision in Zoning By-law (page 56, Exhibit 1), intended to protect the Bram West Parkway north-south Transportation Corridor in the area between Heritage Road and Winston Churchill Boulevard; The Holding provision can be removed by By-law amendment only when the selection of the Transportation Corridor has been approved; No date has been set for the approval of the Transportation Corridor; A kennel is defined in Section 5.0 of the Brampton By-law (Exhibit 4) as,

4 -3- PL "KENNEL shall mean a place, whether enclosed or not, where cats, dogs, or other household pets are kept for the purpose of raising, breeding, boarding, training or selling them." A kennel is permitted in an Agricultural zone, provided the kennel is not closer than 152 metres to any adjoining lot. There is no distance separation provided in the CA zone. Ms Babiuk testified that she is an experienced professional dog trainer and works with the City's Animal Control Unit. She advised the Board that she is now prepared to change the application from what was originally before the Committee and will not have boarding or overnight facilities for the dogs. She will only be providing dog daycare, grooming and training on an appointment basis for her clients. Obedience training would entail a one-hour session under the supervision of the dog owner. There will be no dog walking or dog runs, as she will be offering such service only at the dog owner's home. She is seeking the variance for a period of two years and hopes to prove to the neighbours that there will be no adverse impacts from her dog daycare in terms of noise from barking dogs and any outdoor activity. If there are legitimate complaints from the neighbours at the end of the two years, she is prepared to relocate. She anticipates the dog daycare service to attract up to 15 animals. The dogs will be screened, and she stated she will not be accepting dogs that bark excessively. She has a device that "corrects" barking in dogs, should it be required. The dogs will be mostly looked after inside the building. They would be allowed outside for short periods of time to relieve themselves. The outside area will be on the west side of the building and will be screened on all sides with a 2-metre high wood fence. Ms Babiuk is prepared to work with the City to ensure compliance with any conditions the City may seek to impose. She asserted that the dog daycare service is needed in this area, as there are no similar services available in the City. The location, being near the residential community and on a major road, is attractive for this use and the existing commercial building would be ideal for the services she proposes.

5 Dl-5-4- PL The site is zoned Commercial Agricultural and a commercial nursery use has operated there for many years. The dog daycare will serve the community, while the primary use will continue to be commercial, i.e. grooming and training. In her opinion, the requested variance is not a departure from the established character of the area. Therefore, the general intent and purpose of the By-law will be maintained. Further, Ms. Babiuk testified that the variance is desirable for the appropriate development and use of the land and it is minor, because the building will continue to be commercial and the proposed use would be for a limited time of two years. In her opinion, the application meets the four statutory tests prescribed in Subsection 45(1) the Planning Act The variance meets the intent and purpose of the Official Plan and the Zoning By-law. The daycare within the commercial building will be consistent with the character of the area and the long-term use of the property. Ms Campbell works with Ms Babiuk at the Animal Shelter and supports the proposal as presented. She testified that Ms Babiuk is a good dog trainer and she will be respectful to the neighbours. The proposed facility would meet the requirements of the Kennel License By-law because it is clean and spacious. John Terry lives immediately to the northeast of the property at Heritage Road. He does not support the proposed dog daycare and has collected 12 signatures in opposition from six households in the area. His concerns are: the use is not permitted in the Zoning By-law; there will be traffic and accidents; there is presently a dog at the house that barks often and there will be more noise from other barking dogs of the daycare; the dog waste will contaminate the water wells and storm water, which will run off to a small creek to the south. Dona Lamoureaux lives at Heritage as Mr. Terry. In her opinion, the variance is not minor. Road and shares the same concerns Ina Terry lives at 2556 Bovaird Drive, immediately to the west of the subject property and has similar concerns as the other neighbours. In her opinion, the variance is not minor as there is very small distance (about 100 feet) from the proposed dog daycare and her property, which is significantly less than the 500-foot separation

6 -5- PL required in the Agricultural zone. Also, there are five houses within the 500-foot radius from the proposed facility. Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the other neighbours. He also owns a dog and is familiar with the dog barking and waste issues. THE BOARD'S DECISION Having carefully considered the evidence presented by all Parties, it is the Board's view that the proposed variance, as amended, provides for a closer compliance with the Zoning By-law, as the tempered use would be more of a commercial nature than the dog kennel originally proposed. The proposed activities will be limited to dog sitting, grooming and training for no more than 15 dogs. There will be no overnight stays and any barking will be controlled by the proponent by acceptable means, as described by the Applicant and the Animal Control Officer. Further to Subsection 45(18.1.1) of the Planning Act, the Board is satisfied that the amendment to the application is minor and does not materially change the proposal. As such, no further Notice is required. The Board heard evidence from the proponent that this is intended to be for a temporary period of two years, and if there were legitimate concerns raised by the neighbours within this time period she cannot mitigate, then she would have to relocate at that time. The use of the property will remain commercial and residential and therefore, the proposed use would maintain the general intent of the Official Plan and the Zoning By-law. Having considered all the evidence and submissions made at this hearing, the Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the Planning Act, it is minor and appropriate use of the land. It is the Board's view that this proposal will be compatible with the built form in the immediate area and will not adversely impact the neighbourhood. Some of the neighbours have dogs and the keeping of domestic animals is not uncommon in

7 to-7-6- PL agricultural and rural residential areas such as this. Although the surrounding houses are zoned Agricultural and a 152-metre separation for kennels applies, the subject site is zoned Commercial Agricultural, and there is no distance separation requirement from the CA zone in the By-law. In recognition of this distance shortfall, the Applicant is proposing to keep the dogs inside the building for the greater part of the day. This, together with other barking control measures proposed, should minimize barking noise to the neighbours. Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily accommodate the traffic expected to be generated by the proposed use. In fact, the previous commercial use of the site and also the Place of Worship to the west, attract significant amounts of traffic and no evidence was produced to substantiate that this use will increase traffic or the probability of accidents. There is sufficient parking on site for the drop-off and pick-up of animals. The potential sanitary and storm water management concerns, raised by the neighbours, can be mitigated by appropriate measures of animal waste collection and disposal that can be coordinated with the City's Site Plan approval process, which would be a condition of this approval. Therefore, BOARD ORDERS that the appeal, as revised, is allowed and a variance, as amended, to By-law of the City of Brampton to permit a dog daycare facility is authorized, subject to the following conditions: 1. Only dog daycare, grooming and training shall be permitted on the commercial building on the site. 2. The Applicant shall obtain, from the City of Brampton, Site Plan approval of the proposed outdoor yard enclosure on the west side of the building. This approval is to specifically address appropriate measures of animal waste collection and disposal to the City's satisfaction, in order to minimize surface and subsurface water contamination. 3. The Variance shall be in effect for a period of two years from the date Site Plan approval is issued by the City of Brampton.

8 .7. PL A maximum of 15 dogs is to be allowed on the premises at any given time for daycare, grooming and training services. 5. No overnight boarding of animals will be permitted. So Orders the Board. "A. Christou" A. CHRISTOU MEMBER

9 , Flower City brampton.ca Planning, Design & Development Department April 17, 2009 Arisa Babiuk 18 Meadow Bush Court Brampton ON L6S 5B6 Dear Arisa RE: DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation Process: With respect to your intent to open a dog daycare at 2578 Bovaird Drive West, staff offer the following comments to assist with your site plan application. Please note that these comments are considered to be part of the City's preconsultation process. In accordance with OP and OP , the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval. A standard fee of $ applies to preconsultation, to be paid with your submission of the attached preconsultation form. Typically, as part of any site plan submission, you are required to submit the following with your site plan application form (attached): 25 Site Plan Drawings 6 Elevations 3 Floor Plans 5 Landscape Drawings 7 Site Service and Grading Plans 3 Storm Water Management Reports 3 Recent Property Surveys prepared by an Ontario Land Surveyor Brampton City Hall, 2 Wellington Street West. Brampton, ON L6Y4R2 Tel: Fax: TTY )30 THE B R A M P

10 Site Plan Application Fee Authorization letter from the property owner permitting you to take this application through the site plan approval process. However, as noted at our meeting on March 31, we will allow you to combine the landscape drawings with the site plan drawings. Furthermore before submitting the floor plans, also consider the suggestion offered by Lillyan McGinn (905) , to discuss the floor plan requirements with her staff before formal submission, in order to limit the number of revisions later. Once the required drawings have been submitted, we will circulate the drawings to staff for their review and discuss the issues at one of our weekly site plan committee meetings. We will follow up with a detailed site plan committee report that consolidates all of staff's comments. For your assistance, attached is a copy of the site plan approval manual, which offers more detailed information on the site plan approval process and what is required as part of each drawing noted above. Preliminary Site Plan Comments Traffic: As part of the site plan approval process, staff need to understand how the facility will operate in terms of vehicle circulation and parking. Show us the route of traffic and the configuration and number of parking spots that will be made available. The aim is to design a site plan the will promote safe and efficient traffic flow and reduce traffic conflict or confusion. Staff note that the property also has a garden centre. Show us how the two uses will operate in tandem in terms of parking and traffic. Also show us where the outdoor storage/displays for the green house will be located. The site plan needs to clearly identify/delineate the different uses on the site including the areas used for dog daycare, garden centre, residence, and landscaping. Bovaird Drive is a Regional Road. The Region will be given the opportunity to comment on the proposal through the site plan approval process. Consider approaching them ahead of time to discuss their requirements and concerns. Building: Provide the City with a fully dimensioned floor plan identifying all the uses in the building and their size. A building permit may be required if there are any structural changes or updates to the building needed or if there are other users of

11 J>\-\1 the building in addition to the dog daycare. There must be clear separation if there is more than one use. Grading/Servicing and Storm Water Management Issues: Note that in the OMB decision, the board member emphasized the need for the applicant to appropriately address animal waste collection and disposal to the City's satisfaction, in order to minimize surface and subsurface water contamination. In this context you are required to provide grading and servicing drawings and a storm water management report. Recent property surveys prepared by an Ontario Land Surveyor should also be provided. Through our review we will consider how both solid and liquid waste will be addressed to avoid any negative impacts downstream and on the surrounding neighbourhood. You submission needs to clearly identify how you will address this issue. Credit Valley Conservation will be circulated for comment as part of the site plan approval process, to determine their requirements. Landscaping: With respect to landscaping, provide a 3 metre-landscaping strip at the front of the property. We recommend a mixture of coniferous and deciduous trees and shrubs be provided. The front yard fence will need to be removed or relocated further back to allow for the 3-metre landscaping strip. Ensure that a solid wooden fence will be erected for the dog's outdoor playing area with a minimum height of 1.8 metres (6 feet). The fenced enclosure should be set back from the west property line minimum 2 metres to facilitate planting a row of deciduous trees to provide both shade and screening above the fence, since there is no vegetation along the west side of the property and the Jehovah's Witness property is higher than this property. 70mm caliper high branching deciduous trees spaced 7m apart would be appropriate. Asphalt will likely be required for the immediate area surrounding the entrance to avoid gravel/sand from spilling onto Bovaird Drive. No existing trees should be removed. We recommend a more attractive sign replace the existing plywood and post sign at the front of the property

12 V. Conclusion Note that these comments are preliminary in nature and will not limit further comments from staff at a later time once all the appropriate drawings are submitted and staff have had the opportunity to review the detailed site plan drawings. These comments are meant to assist you with the site plan approval process. If you have any questions or require further clarification, feel free to contact me. Regards, i Paul Aldunate M.PL MCIP RPP Development Planner Planning and Land Development Services Tel: 905) Paul.Aldunate@brampton.ca cc: Dan Kraszewski Allan Parsons Tracy Westover

13 46.6 M e> 46.6 M 2578 Bovaird Drive West A.d. 11/06/2008 o io TT= ZE Meters SO

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