PUBLIC HEARING AGENDA

Transcription

1 CITY OF CAMPBELL RIVER PUBLIC HEARING AGENDA Page PUBLIC HEARING, TUESDAY, JANUARY 8, 2013 at 6:30 p.m. in the City of Campbell River Council Chambers (Main Level), 301 St. Ann s Road, Campbell River, BC. The agenda presents the recommendations extracted from the reports that comprise the agenda background package. To request a copy of a specific report, please contact the appropriate department. 1. BYLAW NO. 3497, BYLAW AND PROPERTY DESCRIPTION Zoning Amendment Bylaw No. 3497, 2012 (Pet Services text amendment) 3. ATTACHMENTS This bylaw, if adopted will: add the use "Pet Services" as a permitted use within the City's Commercial Two (C-2), Commercial Four (C-4) and Industrial One (I- 1) zones; define "pet services" as "a commercial establishment providing for domestic animals any combination of day-care, grooming services or training services, with or without ancillary retail but not including overnight boarding". 3.1 Public Hearing Notice Report to Council regarding zoning amendment Public Notice Zoning Amendment Bylaw No. 3497, 2012 (pet services text amendment) 4. WRITTEN SUBMISSIONS 5. PUBLIC VERBAL PRESENTATIONS 6. PUBLIC HEARING ADDENDA ITEMS 7. PUBLIC HEARING ADJOURNMENT Page 1 of 9

2 ' All City of Campbell River PUBLIC HEARING NOTICE Notice is hereby given that a Public Hearing regarding the following will be held in the Council Chambers of City Hall located at 301 St. Ann's Road in Campbell River, B.C. at 6:30 p.m. on Tuesday, January 8, Proposal for Zoning Bylaw 3250 Text Amendment: That the City of Campbell River is considering a text amendment to Zoning Bylaw 3250, 2006 to define and add "Pet Services" to the Commercial Two (C-2), Commercial Four (C-4) and the Industrial One (I-1) zone. Bylaw No: 3497, Contact: City of Campbell River, Land Use Services Department at A copy of this proposal may be inspected at the City Hall, Land Use Services Department on any regular business day between the hours of 8:30 a.m. and 4:30 p.m., Monday to Friday inclusive except Statutory Holidays, from December 27, 2012 to January 8, All persons who believe that their interest in property is affected by the proposed Bylaw will be afforded a reasonable opportunity to be heard or to present written submissions respecting matters contained in the Bylaw that is the subject of this hearing. Please note that legal considerations prevent Council from receiving any representations or submissions after the close of the Public Hearing. A speakers list will be available for persons wishing to speak at the Public Hearing. You may register in advance by calling or at the Public Hearing. Chris Osborne, MRTPI Planner..'_:.1 &,.-- City of 1111 C ampbell River Land Use Services Department 301 St. Ann's Road, Campbell River, B.C. V9VV 4C7 Telephone: ; Fax: Ref: FAPIanningprojects V]ublic Hearing Notice Signature. Docx Page 2 of 9

3 Agdi City of Campbell River Report To Council TO: A. Laidlaw, City Manager FROM: R. Neufeld, General Manager of Operations AUTHORED BY: C. Osborne, Planner DATE: 12 December 2012 SUBJECT: Zoning Bylaw Amendment "Pet Services'' Recommendation: THAT Council gives First and Second Readings to Zoning Amendment Bylaw No. 3497, 2012 for the addition of "Pet Services" as a permitted use within the Commercial Two (C-2), Commercial Four (C-4) and Industrial One (1-1) zones. AND THAT Council directs staff to schedule a Public Hearing prior to Third Reading. Purpose: To amend Zoning Bylaw 3250, 2006 as per the following: 1) to add a definition of "Pet Services" under the definition section 3.3; and 2) to include "Pet Services" as a permitted use in C-2, C-4 and 1-1 zones. Background: The applicants wish to open a "day-care" facility for dogs in Campbell River and have previously identified premises that they believe would be suitable. However, this use does not fit within any of the pre-existing defined uses within the City's Zoning Bylaw, as discussed below. The applicants feel unable to apply for a site-specific zoning, since they are unable to commit to securing premises in the absence of certainty regarding whether their use would be permitted a specific location. A generic amendment to the Zoning Bylaw is therefore sought. Discussion: There are three pre-existing use definitions within the Zoning Bylaw which, at first glance, might apply to the proposed use: Commercial Kennel; Personal Services, and Veterinary Clinic. However, for the reasons articulated below, none of these adequately describes the nature of the proposed use. Commercial Kennel The applicants assert that their business does not fall within the description of a Commercial Kennel as defined within the zoning bylaw. A Commercial Kennel is defined in the Zoning Bylaw as: "a business establishment in which dogs or domestic animals are housed, groomed, bred, boarded, trained or sold". This use is permitted only within the rural zones due to the amount of space typically needed for such activities, and the degree of separation from neighbouring properties that is usually necessary given the typical levels of noise and disturbance associated with such activities. File No.: ZON Page 1 of 4 Page 3 of 9

4 The applicants' proposed "Doggy Day-Care" business does not include overnight boarding and is intended for only short-term (i.e. day-time) boarding activity as a service to pet owners. This is different in nature from long-term boarding or more structured training, breeding or grooming programs. Personal Services It is suggested that this use does not fit within the definition of "Personal Services", which tend to focus on people-oriented transactions usually within the downtown area. The dog daycare use has a higher possibility of noise and a degree of security and confinement not normally associated with businesses expected within the downtown core. This would not be an appropriate use to introduce into the Commercial One (C-1) or zones, in which Personal Services are currently permitted. Veterinary Clinic While the proposed use is clearly not a Veterinary Clinic use, this use does permit "ancillary grooming or boarding", which is a closer description to the proposed use. However, despite being listed as ancillary uses, "grooming" and "boarding" do not exist as principal uses in their own right, other than within the Commercial Kennel description. Although this difference may appear subtle, the legal implications are significant. Currently, these veterinary and ancillary grooming or boarding uses are not restricted to indoors only. Proposed Use Definition It is apparent that the Zoning Bylaw does not adequately address this use concept, which does appear in the zoning bylaws of other municipalities. The applicants are therefore requesting that a new use be introduced into the Zoning Bylaw. The following use definitions are proposed: Pet Services: means a commercial establishment wholly or primarily within an enclosed building providing any combination of day-care, grooming services or training services, for domestic animals, with or without ancillary retail; and not including overnight boarding. A supplementary definition includes: (a) "Overnight Boarding" means the accommodation of animals between the hours of 7pm and 7am. (b) "Primarily within an enclosed building" means that animals will not be present outside of an enclosed building for more than an aggregate total of three hours during the daily period of operation. The applicants have confirmed that restrictions on operating the business between 7pm and 7ann are reasonable. Potential Impacts Analysis of the zones within the Zoning Bylaw showed that the following zones are potentially suitable: Commercial Two (C-2), Commercial Four (C-4) and Industrial One (I-1). For context, this is broadly consistent with the City of Nanaimo's approach, which permits "Pet Daycare" within some commercial zones and one industrial zone. The City of Courtenay restricts "Pet Daycare" to an industrial zone only. In Campbell River, the distribution of these zones is principally as follows: Commercial Two (C-2) zones include limited amounts of property along South Island Highway south of Hilchey Road, and clusters of property on Dogwood Street around the 2 nd and Merecroft intersections. These largely represent neighbourhood commercial nodes. File No.: ZON Page 2 of 4 Page 4 of 9

5 Commercial Four (C-4) zones include significant areas of Campbellton and areas of property along Island Highway north of the Campbell River. These largely represent service commercial areas. Industrial One (I-1) zones include a significant area in Campbellton south of 16 th Avenue, plus limited areas west of Willow Street and North Island Highway. These also largely represents service commercial use typology. The most obvious impact of the proposed use would be from the potential for barking dogs and odours, and clearly this use would not be appropriate within residential zones. Commercial zones do include residential uses; however the expectation of residents within commercial zones would be of a certain amount of activity, noise and bustle during business hours. Such an expectation would not normally be present within a strictly residential zone not adjacent to non-residential zones. Subject to being prohibited from overnight boarding and contained primarily indoors, a dog day-care business could reasonably be expected to form part of the background activity within commercial zones. A potential conflict arises at the interface between commercial and residential zones. It is important therefore to note that the City's Animal Control Bylaw would still apply, and business operators would remain responsible for maintaining acceptable noise and odour levels. To reduce the likelihood of issues and complaints, it is recommended that the activity by definition be confined to indoor activity in commercial zones, which is consistent with the definition of "Pet Daycare" within the City of Nanaimo's Zoning Bylaw. It should be noted that rural zones, in which commercial kennels are permitted, are not included. The reason for this is that due to the short-term nature of the day-care operation, a steady turnover of customers each day might be anticipated, which would give rise to a disproportionate level of activity within a rural zone, along with longer car journeys. This could be perceived by rural residents to be unduly disruptive. In any case, such a use could take place under the definition of "Commercial Kennel", and not be subject to the limitations regarding overnight operation and being primarily or wholly confined indoors. Financial / Operational Considerations: There are no significant financial or operational considerations arising from the proposed Zoning Bylaw amendments. Options: 1. Give proposed Zoning Amendment Bylaw 3497, 2012 First and Second Readings and direct staff to schedule a Public Hearing; 2. Defer consideration pending receipt of additional information and direct staff accordingly; 3. Defeat proposed Zoning Amendment Bylaw 3497, Communications: Prior to Third Reading, the City is required to advertise and host a Public Hearing on the proposed Zoning Amendment Bylaw in accordance with both the Local Government Act and the City's Planning Procedures Bylaw, 3266, The Public Hearing will take place on a date and time to be determined and advertising will be in two consecutive issues of the local newspaper. File No.: ZON Page 3 of 4 Page 5 of 9

6 Conclusion: The proposed amendment to Zoning Bylaw 3250, 2006 represents a judgment to be made between permitting reasonable business activities within the City of Campbell River; and protecting the environment of residents, workers and visitors. While staff have set the parameters of such a proposed use so as to strike a balance and minimize the potential for noise nuisance, it must be acknowledged that this remains as a possible impact from the proposed amendment. The amendment therefore has a twofold purpose: 1) to cater for a proposed use that is not currently accommodated within the Zoning Bylaw; 2) to define and restrict the use to limit the potential for noise and nuisance complaints. It is therefore recommended for Council to proceed with the Bylaw Readings and direct staff to schedule a Public Hearing. Report submitted by: Chris Osborne, MRTPI, Planner Report reviewed/endorsed by: Ross Blackwell, MAP, MCIP, RPP, A.Ag Land Use Services Manager Ron Neufeld P. Eng General Manager of Operations Attachments: Draft Bylaw File No.: ZON Page 4 of 4 Page 6 of 9

7 PUBLIC NOTICE Notice is hereby given that the City of Campbell River is considering a text amendment to Zoning Bylaw 3250, The application seeks to add the use "Pet Services" as a permitted use within the city's Commercial two (C-2), Commercial Four (C-4) and Industrial One (14) zones. And further that "Pet Services" is defined as: "a commercial establishment providing for domestic animals any combination of day-care, grooming services or training services, with or without ancillary retail; but not including overnight boarding." Council will give initial consideration to the proposed amendment bylaw at its regular meeting on 18 December If you believe that your interest is affected by these proposed amendments, you may submit written comments to the Land Use Services Department, City of Campbell River by 18 December 2012 to be received no later than 4:00 p.m. Your written comments may be faxed to the Land Use Services Department at or ed to planning(wcampbellriver.ca. You may inspect the application (reference ZON ) between the hours of 8:30 a.m. and 4:30 p.m. Monday through Friday, from December 12, 2012 to December 18, 2012 exclusive of statutory holidays, at the Land Use Services Department, City of Campbell River, 301 St. Ann's Road, Campbell River, BC V9W 4C7. Contact: For further information please contact Chris Osborne, Planner, City of Campbell River, Land Use Services Department at Page 7 of 9

8 CITY OF CAMPBELL RIVER PROVINCE OF BRITISH COLUMBIA BYLAW NO. 3497, A BYLAW OF THE CITY OF CAMPBELL RIVER TO AMEND BYLAW NO. 3250, WHEREAS pursuant to the Provisions of Section 903 of the Local Government Act in relation to zoning, the Council of the City of Campbell River is empowered to make regulations thereto; AND WHEREAS a Public Hearing was held in accordance with the Local Government Act and notice of such Hearing has been given as required by Bylaw; NOW THEREFORE the Council of the City of Campbell River, in open meeting assembled, enacts as follows: 1. That this Bylaw may be cited for all purposes as "Zoning Amendment Bylaw No. 3497, 2012, (Pet Services text amendment)". 2. That the Zoning Bylaw 3250, 2006 be amended by adding a definition to Sec. 3.3 "Interpretation and Definitions", as follows: "PET SERVICES" means a commercial establishment wholly or primarily within an enclosed building providing any combination of day-care, grooming services or training services, for domestic animals, with or without ancillary retail; and not including overnight boarding. Other related and supplementary definitions include: (a) "OVERNIGHT BOARDING" means the accommodation of animals between the hours of 7pm and 7am. (b) "PRIMARILY WITHIN AN ENCLOSED BUILDING" means that animals will not be present outside of an enclosed building for more than an aggregate total of three hours during the daily period of operation. 3. That the Zoning Bylaw 3250, 2006 be amended by adding the following to Section "Commercial Two (C-2) Zone": bb) pet services wholly within an enclosed building 4. That the Zoning Bylaw 3250, 2006 be amended by adding the following to Section "Commercial Four (C-4) Zone: jj) pet services wholly within an enclosed building 5. That the Zoning Bylaw 3250, 2006 be amended by adding the following to Section "Industrial One (1-1) Zone": z) pet services 6. That the Mayor and Clerk are hereby empowered to do all things necessary to give effect to this Bylaw. Bylaw No. 3497, 2012 Page 1 of 2 F:tPlaliningP rojects ylaw clocx Page 8 of 9

9 A Public Meeting was advertised on the 12 th day of December Read a first time on the 18' day of December, Read a second time on the 18th day of December, I hereby certify that the above is a true copy of the original Bylaw as passed by two readings of same as outlined above. Dated this 20 th day of December, 2012 in Campbell River, B.C. Ronald G. Neufeld, P.Eng General Manager, City of Campbell River Approved under Section 52(3) of the Transportation Act this day of, 20. For Minister of Transportation - File Number: A Public Hearing was advertised in two issues of the Campbell River Mirror/Courier Islander on the 28th day of December, on the 2nd day of January, and was held on the 8th day of January, Read a third time on the day of, Adopted on the day of, MAYOR DEPUTY CITY CLERK Bylaw No.3497, 2012 Page 2 of 2 F:IP1anningProjects Bylaw docx Page 9 of 9