January 10, City of Ottawa 110 Laurier Avenue West Ottawa, ON K1P 1J1. To Whom it May Concern:

Transcription

1 January 10, 2017 City of Ottawa 110 Laurier Avenue West Ottawa, ON K1P 1J1 To Whom it May Concern: RE: Proposed Zoning By-Law Amendment Temporary Use: In-Home Breeding Kennel 754 Bayview Drive, Ottawa Owner: Shirley Usher ZanderPlan has been retained by Shirley Usher to prepare a Planning Rationale to support a proposed Temporary Use Zoning By-Law Amendment on property located at 754 Bayview Drive in the City of Ottawa. The purpose of the Zoning Amendment is to seek a Temporary Use provision on the subject property for a period of three (3) years, to allow the owner to continue to operate an In-Home Breeding Kennel for dogs, which has been operating under license since At the end of the three (3) year period, the Owner will remove the business from the premises. PROPERTY CONTEXT The subject property is located at 754 Bayview Drive in the West Carleton-March Ward (Ward 5) of the City of Ottawa, with the Ottawa River located immediately to the north (see Figure 1 below). The property is in a village area characterized primarily by single family dwellings on private services, and has direct access onto a fully developed municipal street. The lot has approximately 21.3 metres (70 feet) of frontage on Bayview Drive and an approximate depth of 45.7 metres (150 feet), resulting in an area of approximately.24 acres, which is consistent with many of the other lots in this village area. P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 1

2 Figure 1: Subject property (source: GeoOttawa) PROPERTY DETAILS The property is fully developed with a single family dwelling and detached garage. The applicant purchased the property in The original, single storey dwelling is located towards the north end of the property closest to the River, and was constructed around 1930 along with the detached garage, while a two storey addition was constructed around 1984 (see Figure 2). It is approximately 2930 square feet in size. Decking and patio areas are located on the north side of the dwelling. The detached garage is located at the south end of the property closest to Bayview Drive, as well as a storage shed towards the west side. The property is fenced along the east and west sides and the yard includes some shrubbery, trees and landscaping. The In-Home Breeding Kennel would continue to be fully located within the single storey portion of the existing single family dwelling, occupying approximately 273 square feet of space within the dwelling. P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 2

3 Figure 2: Rear of existing dwelling CITY OF OTTAWA OFFICIAL PLAN The subject property is designated Village in the City of Ottawa Official Plan, as shown in Figure 3. This designation recognizes that development has typically occurred on small lots with private services in the village areas. A wide range of residential and commercial uses are permitted. Section 3.1 of the Official Plan describes some Generally Permitted Uses including Home-Based Businesses. The In-Home Breeding Kennel essentially operates as a home-based business, being fully contained in the existing dwelling and operated by the owner and resident of the dwelling with two part-time employees. Section of the Official Plan indicates that the City may pass various by-laws and policies as required to implement various planning policies. In particular, Section 5.2.1(13) Temporary Use Zones states that "the City, in a zoning by-law, may authorize the temporary use of lands, buildings or structures for any purpose set out therein that is otherwise prohibited by the comprehensive Zoning By-Law." P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 3

4 Figure 3: Excerpt from Schedule A City of Ottawa Official Plan The proposed Zoning By-Law Amendment to permit an In-Home Breeding Kennel on a temporary basis for a period of three years conforms to the City's Official Plan. CITY OF OTTAWA ZONING BY-LAW The subject property is currently zoned Village Residential First Density V1H[350r] in the City of Ottawa Zoning By-Law , as shown in Figure 4, where single detached dwellings are a permitted use. The Owner is proposing to continue an In-Home Breeding Kennel within the existing dwelling on a temporary basis, for a period not to exceed three (3) years. The Zoning Amendment is required as the proposed use is not a defined permitted use in the Village Residential First Density zone. The kennel will be continue to operate within the existing dwelling, and no new construction is proposed. The existing dwelling has been in place since the 1930s, with a two-storey addition constructed in The dwelling would be considered legal non-complying under the City's Zoning By-Law, as it does not comply with all of the Zone provisions prescribed in the V1H[350r] zone, including the minimum lot area and lot frontage provisions. P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 4

5 Figure 4: Excerpt from City of Ottawa Zoning By-Law City of Ottawa By-Law (the Harmonized Licensing By-law) regulates a number of uses including In-Home Breeding Kennels; Schedule 32 of this By-law indicates that In-Home Breeding Kennels must be appropriately zoned. This application to place the subject property in a Temporary Zone to permit the In-Home Breeding Kennel will meet this requirement. The kennel will be operated fully within the existing dwelling. The area of the dwelling occupying the kennel is approximately 16 metres from the dwelling to the east, with a full twostorey portion of the subject dwelling located within this distance. The kennel area would be located approximately 12 metres from the dwelling to the west. The dogs that are bred in this kennel are small animals that are primarily kept indoors. TEMPORARY USE PROVISIONS Section 39(1) of the Planning Act allows municipalities to pass by-laws to "authorize the temporary use of land, buildings or structures for any purpose set out therein that is otherwise prohibited by the by-law." Further, Section 39(2) of the Act states that a by-law passed under this Section should specify the area to which the by-law applies and the time period for the temporary use; this time period shall not exceed three years. The Owner is proposing to operate the kennel within her dwelling on a temporary basis for a period of three years, after which time the business will be removed. The business will occupy approximately 273 square feet of space within the existing dwelling. P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 5

6 PROVINCIAL POLICY STATEMENT The 2014 Provincial Policy Statement identifies a number of matters of Provincial interest that should be considered in this application, as planning decisions in Ontario must be consistent with these Provincial policies. The existing lot is in a Village area characterized primarily by single family dwellings on small lots. Section 1.1 of the PPS refers to "efficient and resilient development and land use patterns". The use would be located within an existing single family dwelling, functioning primarily as a home occupation and helping to support a range of employment opportunities which are encouraged in the PPS. No additional infrastructure or services are required to support the development proposal, and adequate parking is accommodated onsite. The use is screened from abutting properties with vegetation and fencing, and the operation of the business indoors reduces potential noise impacts, thereby minimizing any land use compatibility issues. The subject property is located in the Village designation in the City's Official Plan, which meets the definition of a Settlement Area in the Provincial Policy Statement. Section of the PPS provides policies around Settlement Areas, noting that "Settlement Areas shall be the focus of growth and development, and their vitality and regeneration shall be promoted." A range of land uses are encouraged and supported in the settlement areas, where land is intended to be used efficiently. The proposed use in the existing dwelling will comply with these policies. Section 1.3 of the PPS speaks to Employment, and notes that economic development should be encouraged. The business operating in the existing single family dwelling provides an employment opportunity for the homeowner as well as two part-time employees, with no measurable impact on parking, servicing, infrastructure, etc. The use is located in the existing dwelling, and no impacts on sewage, water or stormwater, per Section of the PPS, are anticipated. There are no natural heritage, cultural heritage, agriculture, mineral aggregate, mineral or petroleum impacts as a result of the proposed land use. Overall, the proposed use can be considered consistent with the Provincial Policy Statement (2014). DEVELOPMENT PROPOSAL The Owner is proposing to continue operating an In-Home Breeding Kennel in the existing single family dwelling on the property. The business occupies approximately 273 square feet of area within the dwelling. The Owner breeds small dogs, which are rarely outside the dwelling. The house is heated and cooled with central heat and air conditioning and therefore the P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 6

7 windows are rarely open and any noise is contained in the dwelling. In addition, the Owner has indicated that the dwelling has triple-pane windows and new doors which help to contain any noise. The dogs use kitty litter and newspaper indoors, and the soiled paper and kitty litter is disposed of in the green bins for composting. The property appears to be well screened with hedges and fencing on the east and west sides. The Owner has indicated that there is space for at least ten cars to park on the subject property, which is ample room to accommodate for personal and business use. The business is operated by appointment only, therefore traffic is minimal. In addition, much of the business is conducted online and the animals are shipped via airfreight, further minimizing traffic to the property. The Owner would like to operate the In-Home Breeding Kennel for a period of three years, after which time the business will be discontinued. The property has been appropriately licensed for an In-Home Breeding Kennel since 2010, and the required license will be renewed from the City of Ottawa once the Zoning is in place. The Owner can provide numerous letters of support from surrounding property owners as well as from the Ward Councillor and the Federal Member of Parliament for this business. SUMMARY The Owner wishes to continue operating an In-Home Breeding Kennel in the existing single family dwelling on the subject property. The Temporary Use Zone is proposed for a period of three years, after which time the business will be removed from the premised. The business will be located within the existing dwelling, and no measurable impacts are anticipated on abutting properties. Adequate parking can be accommodated on the property, and no construction or site alteration is proposed. The proposal is consistent with the policies in the Provincial Policy Statement (2014) and complies with the City's Official Plan. Should you require any additional information in order to process this application, please do not hesitate to contact the undersigned. Sincerely, Tracy Zander, M.Pl, MCIP, RPP P.O. Box Perth, Ontario K7H 3M6 ph fax: Page 7