REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT

Transcription

1 November 19, 2015 REPORT TO THE CHIEF ADMINISTRATIVE OFFICER FROM THE DEVELOPMENT AND ENGINEERING SERVICES DEPARTMENT ON REZONING APPLICATION NO. REZ00576 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP HUGH ALLAN DRIVE OWNER: CAPITAL HILL ESTATES LTD. APPLICANT: JAMES PRICE PURPOSE To rezone the subject property on a site-specific basis to permit a commercial dog kennel limited to a maximum of 30 dogs during daytime hours and six dogs overnight, and to issue a Development Variance Permit to increase the maximum permitted fence height from 1 m to 2 m. SUMMARY The subject property is located on the north side of Hugh Allan Drive, immediately east of the McDonalds restaurant and the Hugh Allan Drive/Pacific Way intersection. The property is 3,887 m 2 in area and zoned C-4 (Service Commercial), with a site-specific zoning amendment to permit a commercial daycare for 50 children. Under Animal Control Bylaw No , no person is permitted to use a premises as a kennel for the keeping, training, care, breeding, hospitalization, or boarding of dogs, cats, or any other animals on any parcel of land within the city unless the use is specifically permitted by the City of Kamloops Zoning Bylaw. The Zoning Bylaw does not permit a commercial kennel on the subject property; therefore, a site-specific zoning amendment is required to allow the proposed use. The applicant is the proprietor of We Love Dogs and is proposing the conversion of the southern unit of the commercial building to a full-service business dedicated to the care of dogs. The business will offer daytime care, overnight boarding, grooming, and dog walking. The applicant has proposed a daytime limit of 30 dogs and an overnight limit of six dogs. The subject property's close proximity to the Aberdeen and Sahali neighbourhoods and the Southgate commercial area makes it a convenient location for a kennel facility, as owners will be able to drop their dogs off on their way to work. The C-4 zone permits animal-related uses, including animal grooming, retail sales, and veterinary clinics, but it prohibits outdoor kennels due to concerns regarding noise and the visual impact of outdoor dog runs in commercial areas. Though the applicant's proposal includes an outdoor exercise area, it will not include individual dog runs and dogs will not be left in this area unsupervised. 24

2 REZONING APPLICATION NO. REZ00576 November 19, 2015 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00458 Page 2 Additionally, as part of the new outdoor dog exercise area proposed for the southern portion of the site (Attachment "A"), the applicant would like to construct a 2 m high, black chain-link fence adjacent to Hugh Allan Drive. A variance is required to increase the maximum permitted fence height from 1 m to 2 m for a yard that abuts a street. The variance is to ensure the fence surrounding the exercise area is high enough to prevent dogs from escaping. The boulevard area adjacent to the Hugh Allan Drive sidewalk is flat and the property slopes down towards the building, resulting in the base of the fence being lower than the street and the top of the fence being approximately level with the boulevard of Hugh Allan Drive. The applicant has proposed changes to the current parking configuration to improve traffic circulation on site and limit conflicts with the existing daycare, including widening the maneuvering aisles and the driveway access, adding new drop-off parking spaces in front of the storefront, and adding new parking spaces in the northeast corner (an area that was previously used for storage). The applicant will also offer a pickup/drop-off service for clients, which potentially reduces the number of site visits. There are the required 33 parking spaces on site, of which ten spaces will be dedicated for the proposed indoor kennel. Four of the kennel parking spaces will be dedicated for pickup/drop-off. The child daycare drop-off location is towards the rear of the site, which limits the potential conflict with any increased level of traffic related to the dog business that will occur towards the front of the site. The applicant has a number of safety-related requirements for clients of the kennel service, including that all dogs must be leashed when entering and exiting the facility, which will reduce the potential for dog/vehicle conflict. The subject property is not in a Development Permit Area; however, the building owner is currently undertaking a set of improvements to the façade of the building, which include additional windows, upgraded building materials, and the preservation of interesting architectural elements from previous building occupants (including full height garage doors that are part of the applicant's storefront). The applicant will undertake some internal building renovations to expand an existing mezzanine area and to add additional soundproofing to the interior walls of the building to eliminate any potential noise conflicts with the vacant retail space next door. The property is designated Commercial in KAMPLAN, which seeks to establish a strong and diversified commercial base to provide employment and a high level of service to residents and visitors. This type of business is not permitted in the C-4 zone; however, with continued residential development through the Aberdeen and South Sahali neighbourhoods, demand has increased for this type of service. Amendments made to KAMPLAN in 2007 promote the use of large-lot suburban and agriculturally zoned parcels for outdoor kennel activities; however, the plan also indicates that the City may consider other locations on a site-specific basis. Given the proximity of the site to major transportation routes and growing residential neighbourhoods, the proposed service offered is considered an appropriate commercial land use. During the technical referral process, it was identified that all dog waste must be disposed of via the City sanitary system. No other technical concerns were identified during the review process. The applicant will also be required to meet all other City bylaws related to kennels, which include Animal Control Bylaw No and Dog Responsibility Bylaw Accordingly, the Development and Engineering Services Department supports the application and advises Council to proceed as outlined in the recommendation. 25

3 REZONING APPLICATION NO. REZ00576 November 19, 2015 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00458 Page 3 RECOMMENDATION: That Council authorize: a) A Public Hearing to consider amending Zoning Bylaw No , Division Forty-One, C-4 (Service Commercial), Section 4102, Permitted Uses - Site Specific, by adding the following: "- Indoor commercial dog kennel limited to a maximum of 30 dogs per day and six dogs overnight in the case of Lot 3, Sec. 36, Twp. 19, Rge. 18, W6M, K.D.Y.D., Plan (1440 Hugh Allan Drive);" and Note: This above noted application shall be held at third reading pending bylaw approval from the Ministry of Transportation and Infrastructure. b) Distribution of Notice of Intent to issue a Development Variance Permit for Lot 3, Sec. 36, Twp. 19, Rge. 18, W6M, K.D.Y.D., Plan (1440 Hugh Allan Drive), to vary Zoning Bylaw No ; Division 53; Section 5310; Landscaping, Screening and Fencing Requirements, C-4 (Service Commercial), by increasing the maximum permitted fence height in a yard that abuts a street from 1 m to 2 m. COUNCIL POLICY KAMPLAN seeks to establish a strong, diversified commercial base to provide employment and a high level of service to residents and visitors. KAMPLAN, Section 3.6, states that the "City will ensure that the need for managing development is balanced by the need for maintaining a flexible marketplace orientation and business-friendly climate in order to encourage development." SITE CONDITIONS AND BACKGROUND Neighbourhood - Aberdeen KAMPLAN Designation - Commercial Current Zoning/Use - C-4 (Service Commercial)/50-child commercial daycare and two vacant commercial units Proposed Zoning/Use - Site-specific amendment to the C-4 zone to permit a commercial dog kennel Proposed Variance - Increase fence height in yard abutting a street from 1 m to 2 m Surrounding Uses - C-4 (Service Commercial) to the south, east, and west, and Trans Canada Highway to the north Application Date - October 5, 2015 Restrictive Covenant - n/a Project Evaluation Team (PET) - October 16, 2015 Parcel Size - 3,887.9 m 2 MOTI Referral - Required 26

4 REZONING APPLICATION NO. REZ00576 November 19, 2015 DEVELOPMENT VARIANCE PERMIT APPLICATION NO. DVP00458 Page 4 SUSTAINABILITY IMPLICATIONS The Sustainable Kamloops Plan supports appropriate commercial activities located within all City neighbourhoods and the efficient use of existing buildings. The plan also states that Kamloops will have an economic diversity index higher than the national average and will continue to promote the growth of small business. The close proximity of the facility to existing residential neighbourhoods and the pickup/drop-off service offered by the applicant will also reduce single-vehicle occupancy car trips, which is another key goal of the Sustainability Plan. M. Kwiatkowski, P.Eng. Development and Engineering Services Director Approved for Council Consideration: Author: S. Hanson, MUP, Planning Technician Reviewed by: E. Beach, MCIP, RPP, Planning and Development Supervisor R. Martin, MCIP, RPP, Planning and Development Manager/Approving Officer SH/lm/ts/kjm Attachment 27

5 28

6 29

7 30