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Home My WebLink AboutCSD-12-022 - City-initiated Zone Change - Canine and Feline Gro1 Staff Repart I~TCx~,~.R Community Services Department www.kitchenerca REPORT T0: Planning & Strategic Initiatives Committee DATE OF MEETING: February 27, 2012 SUBMITTED BY: Alain Pinard, Director of Planning PREPARED BY: Garett Stevenson, Planner 519-741-3400 x 3158 WARD(S) INVOLVED: All DATE OF REPORT: February 8, 2012 REPORT NO.: CSD-12-022 SUBJECT: CITY-INITIATED ZONE CHANGE APPLICATION ZC12102/COK/GS CANINE AND FELINE GROOMING RECOMMENDATION: That Zone Change Application ZC121021COKIGS, representing changes to Section 5.13 (Home Business Regulations) and Section 4.2 (Definitions) of Zoning By-law 85-1, be approved in the form shown in the "Proposed By-law" dated February 8, 2012, attached as Appendix `A' to Community Services Department report CSD-12-022. BACKGROUND: Planning staff have received several enquires from potential business owners wishing to operate a pet grooming business from their home. Currently, pet grooming is not a permitted home business. Due to the number of enquiries, Planning staff researched the practicality of amending the Zoning By-law to permit Canine and Feline Grooming as a home business. As a result of that research, including consultation with several pet grooming industry representatives, staff are recommending that Canine and Feline Grooming be a permitted home business, subject to specific regulations. REPORT: An amendment to Section 5.13 of the Zoning By-law 85-1 (Home Business regulations) is proposed in order to add "Canine and Feline Grooming" as a permitted home business, subject to specific regulations. The proposed changes are briefly summarized below, and all changes are included in the "Proposed By-law" attached to this report. 1. Addition of "Canine and Feline Grooming" to the list of permitted home businesses in Section 5.13.1 of the By-law. 2. Addition of the following regulation to Section 5.13.2 of the By-law; "r) The following regulations apply to a Canine and Feline Grooming home business: A maximum of two dogs and two cats are allowed on the premises at any one time, excluding pets residing at the same address as the home business, as evidenced by a valid pet license issued pursuant to the Corporation's by- lawpertaining to same in existence at the time. 1-1 ii) No veterinary services shall be provided on the premises. iii) No breeding, boarding or overnight accommodation of dogs or cats for grooming shall be permitted on the premises, excluding pets residing at the same address as the home business, as evidenced by a valid pet license issued pursuant to the Corporation's by-law pertaining to same in existence at the time. iv) Non-resident dogs and cats that are on the premises for the purpose of grooming shall have a maximum stay of three (3) hours at any one time, on any given day, during regular operating hours. v) All pet related commercial uses and services, including any associated retail, are prohibited, except for Canine and Feline Grooming. vi) Permitted only in asingle-detached dwelling." 3. Staff are also proposing to add a definition of Pet Grooming in Section 4 of the By-law. The proposed definition is follows: "Canine and Feline Grooming means the grooming of a dog or domestic cat, including bathing, cutting of hair, trimming of nails, and other services generally associated with the act of grooming. Excludes veterinary services, breeding, boarding or overnight accommodation of dogs or cats." COMMUNITY ENGAGEMENT: Planning staff have been in discussions with commercial and home based pet groomers regarding the proposed changes to the By-law. Staff have also contacted pet groomers who enquired about home based pet grooming businesses last year. Licensing and Planning staff have also been in contact with Building staff to determine appropriate plumbing requirements relating to home based dog grooming businesses. Through those discussions, letters, and meetings, Planning staff prepared specific regulations and a definition for pet grooming home businesses which are included in the "Proposed By-law". Licensing staff have also determined specific requirements that must be met prior to issuance of a Business Licence for a home based pet grooming business including submission of a Police Clearance Letter, plumbing approval from the City's Building staff, as well as zoning compliance confirmation from Planning staff. COMMUNICATIONS: The zone change application will be advertised in The Record on February 3, 2012. The advertisement included details of the February 27, 2012 Planning and Strategic Initiatives Committee meeting. The newspaper advertisement is attached as Appendix B. Licensing staff advised all known illegal home based pet grooming business operators of the proposed changes to the By-law and advised those business owners to contact Planning staff for additional information. Subsequent to a meeting and several telephone discussions, Planning staff have received a letter from two professional dog groomers with suggestions for zoning regulations to be implemented in 1-2 the By-law. A copy of the letter is provided in Appendix C. Planning staff have recommended several of the specific regulations after consulting with the two authors. Planning staff are also in receipt of 226 copies of the same letter in support of home based dog grooming. Each letter is individually signed and a one copy of the submitted letter is provided in Appendix D. A copy of all 226 letters is available by request and is not attached to this report in an effort to reduce paper use. The original copies have been provided to the City's Clerk for electronic distribution. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The proposed zone change will allow for Canine and Feline Grooming as a home business which aligns with the Kitchener Strategic Plan as it ensures the implementation of the community priority Development by permitting an additional type of home businesses; thus providing a community need within an existing residential neighbourhood, which contributes in creating a more complete community. FINANCIAL IMPLICATIONS: No new or additional capital budget requests are expected with this recommendation. CONCLUSION: Planning staff are of the opinion that Section 5.13 of the Zoning By-law should be amended to permit "Canine and Feline Grooming" as a home business, subject to specific regulations. Planning staff, in consultation with industry professionals and other City staff, are also recommending specific regulations as outlined in the Reportsection above. Staff are of the opinion that the proposed regulations will ensure that a pet grooming home business can operate appropriately in a single detached dwelling, and will not have a negative impact on the surrounding community. This will allow animal groomers some flexibility in being able to operate a small scale pet grooming business from their home, which will satisfy a neighbourhood need for pet grooming, and will help contribute to a walkable and complete community. The proposed changes to the home business section of the Zoning By-law will allow for a wider range of home businesses and will help foster complete communities by permitting a community need within existing residential neighbourhoods. As such, Planning staff recommend approval of Zone Change Application ZC12102/COK/GS. REVIEWED BY: Sheryl Rice, Development Technician Della Ross, Manager of Development Review ACKNOWLEDGED BY: Jeff Vvillmer, Deputy CAO Communit Services Department List of Attachments Appendix A -Proposed Zoning By-law Appendix B -Newspaper advertisement Appendix C -Letter from Melanie Macias & Becky Misener Appendix D -Example Letter of Support 1-3 i PROPOSED BY-LAW 4 SY~LA1~1 NUM~EI~ ~F THE C®aPaATlON ~F THE CITY QF KkTC~ENER ~~eing a bywlaw to amend ~y~law ~5~~, as amended, known as the Zaning ~y~law for the City of Kitchener ~ City of Kitchener vVHEREAS it is deemed expedient to amend ~y~law ~5~~; NaU~THEREFQRE the Council of The Corporation of the Gity of Kitchener enacts as (allows; 1. Section 5. ~ 3. ~ of 13y~law Number ~5~1 is hereby amended by adding "Canine and Feline grooming" to the list of permitted home businesses permitted in Single Detached Dwellings and Semi~Detached Douses containing only one dwelling unit, ~. Section 5. ~ 3.~ of ~y~law Number ~5~~ is hereby amended by adding the following text; "r~ The following regulations apply to a Canine and Feline Groaming home business: i~ A r~aximum oftwo dogs and two cats are allowed on the premises at any one time, excluding pets residing at the same address as the home business, as evidenced by a valid pet license issued pursuant to the Corporation's bylaw pertaining to same in existence at the time. ii} No veterinary services shall be provided on the premises. iii} No breeding, boarding or overnight accommodation of dogs or cats for grooming shall be permitted on the premises, excluding pets residing at the same address as the home business, as evidenced by a valid pet license issued pursuant to the Corporation's by-law pertaining to same in existence at the time. ivy Non-resident dogs and cats that are on the premises for the purpose of graoming shall have a maximum stay of three ~3~ hours at any one time, on any given day, during regular operating hours. v~ All pet related commercial uses and services, including any associated retail, are prohibited, exceptforCanine and Feline Grooming. vii Permitted only in asingle-detached dwelling." 1-4 3. ctian 4.2 at ~y~la~ Number ~5m1 is hereby amended by adding the ollo~ing text: ""Canine and Feline Grooming" rr~eans the grooming o a dog or domestic cat, including bathing, cutting o hair, trimming of nails, and other services generally associated pith the act o~ grooming but shall exclude veterinary services, breeding, bearding, peg related or pet grooming related retail sales and overnight accon~madatian o dogs or cats." PASSED at the Council Chambers in the City of ~itcheer this day o~ A.D., 2012. Mayer Clerk 1-5 t roor~in Horne usin To mend Section 5. 3 0~ the Zoning ~y~law to permit Feline end Caning Grooming as a Home business, subject to specific regulations. The public meeting will be held by the Punning trateic Initiatives ®r~rnitee, a Cornn°~ittee of Cauncil which deals with punning matters on: SON A, F RU Y l t 1~A0 Pal® COUNCIL HA~~ERg 2~~ FLOOR, CITY BALL BOO KING STREET wST, KITCHENS. Any person nay attend the Public Meeting and make written andlor verbal representation either in support of, or in opposition to, any of the above noted proposal. I person or public .body ghat tiles a n®tice of appeal of a decision d®e not make ®ral submissions at this public meeting o make a written submission prior to approvallrefusal o this r®poal, the Ontario Municipal hoard nay dismiss all r part of subsequent ppealp ADDITION INF®C~ATION is available by contacting the appropriate staff person noted below, viewing the report contained in the meeting agenda available at vuww.kitchener.ca on the Ullednesday evening prior to the meeting ~ click on the meeting date in the Calendar of Events}, or in person at the Planning Division, 6#" Flaor, City Hall, 204 King Street Ullest, Kitchener betlnreen 3:30 a.m. ®5:44 p.r~, Monday to Friday}. Gantt Stevenson, Planner ®519~~'41W3404 x 323 gTTY; 1m366®9699994}, arett.stevenson kitchener.ca 1-6 Tuedy, anu~~ ~~, ~0~ :~ P T~da ~ °r~i ~~~ e~n~n b~et® pet ra~ming by~-I~w Deararett, we would life to thanl~ you far allowing us to meet with you today, and giving us the o artunitytovoice ouropinions aboutthe proposed changes to the bylawthat will be pp alloying pet grovmingta be done from a residential dwelling. we believe that pet graon~ing salons should be established in a con~rnercial setting; but comprehend the city`s perspectives on the growth and demographics of the city's boundaries. That bein said ~ewantty hel establish ammeters far these horns based salons which will ~ p p help brim professionalism tv vurindustry. Our opposition may be approaching this on a r~anetary aspect, but we are passionate about groaning and are looking to preserve the integrity of our. industry and haw the public views it. Some changes wewould like to see same changesto bylaw 94-1~3, under section 5.13 Home business. Subsection r~ i~ A maximum of ~ dogs are allowed on the premises at one time, excluding pets residing at the same address oaths home business. vi) Only grooming of canine species is allowed. we want tv remove cat graon~ing all together due tv cats being at higher risk of respiratory infection due to moisture ar mold issues from lack of adequate ventilation, we fell that addingthese subsections would be a great benefit; ix~The grooming area must be a campletelysectioned off area within faurwalls, separatefrvm the livingquarter, and be a full functioningsalon within that area. The graomingsalon area cannot be run from a combination of other roams in the dwelling. 1-7 This subsection ~s ~~ery important a us for the pre~ervat~on of the pro~ess~anal~~m of oar ~ndusrys ~ ~~~antto eli~inatethe possibility ofgraamers preforming services out of kitche in a nonarprofessiaai ~}only CSC approved equipment can be used in the grooming facility, Non CSC approved equipment may cause electrical malfunctions, thus causing a fire and spreading to neighboring d~ellings. xi}Proof of insurance rust be submitted to the city; before a business permit to operate from horns is allowed. To groom in a connercial location ~e must submit proof of insurance to our landlords to shod foil compliance and coverage. 1~e do not feel theyshauld b~ exernptfran this, and should be forcedto rneetthe same standards in which ~e must con~plyta operate. ~e da natvvant to eliminate home groomers but allo~r for home based salonsto add to the professianalisrn afour industry, !fie do not want our industry to suffer. If ~e can incorporate these regulations into the by~la~r ~e believe it will add the professionalism ~e are seeking, Sincerely, Melannie Macias Becky Misener 1-8 far e ~e~enson~ P~~n~ ~r ~~~hener Cif ~a boo in 5ree~ lest ~i~~hn~r ~~~°io 51m7~1a~~oo ~ 15 A~ten~ion: arre~ ! are ~ri~in~ phis ~e~er o you in regards o the an~endn~en~ o~ Bonin bola 5.13 ~~~E ~US(ESS ~~~w lay ~4~1~~, ~.~} a~din Canine and Feline roornin as an ae~e~~a~~e horns business. As a re~ide~ ~.horne oner ~ hu~nes ~ in ~~ Cif ~~ i~chener i o alo~in.~~line and Canine ~roornin~ in a Pri~afie residence. As long as the re~ula~ion set or~h b~ the Ci~~ of i~ch~n~r [5q1:~ ~~~E ~~~I~E55 ~~~la ~4~1,~~~.5~~} ire adh~r~d ~~. Thank you for ~akin~ the ~irne o address phis and alloin~ input ~rorn the residents of ~i~chener. ~~iE prir~~t~: 5i~na~ure address: ~ ~` ~ ~~ _~, ~ ~ ~ ~ dq~ ~ Dafie: 1-9