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Home My WebLink AboutFCS-16-035 - Wag N Train - Distance Separation Business Licensing Appeal REPORT TO: Finance and Corporate Services Committee DATE OF MEETING: March 7, 2016 SUBMITTED BY: Christine Tarling, Director of Legislated Services & City Clerk, 519-741-2200, ext. 7809 PREPARED BY: Tanya Daniels, Manager of Licensing, 519-741-2200, ext. 7854 WARD(S) INVOLVED: Ward 10 DATE OF REPORT: February 25, 2016 REPORT NO.: FCS-16-035 SUBJECT: Wag N Train – 386 Maple Ave – Business Licence Distance Separation Appeal ___________________________________________________________________________ RECOMMENDATION: That, notwithstanding the requirement for a 200-metre distance separation from any residential zone, the issuance of a Doggie Daycare Class II licence for Wag N Train located at 386 Maple Avenue, Kitchener be ____________* subject to the following conditions: _____________** *Committee to insert “approved” or “denied” **Committee to insert license conditions, if any BACKGROUND: The licensing of Doggie Daycares in Kitchener has been controlled and regulated for more than ten years under Municipal Code Chapter 531 Dog-Kennels – Breeding Boarding – Doggie Daycare (Chapter 531) with two possible classes of operation. Wag N Train, located at 386 Maple Avenue, falls under Doggie Daycare Class II which is defined as “a place or facility where more than nine dogs are kept or boarded at once but no dogs other than up to three dogs that are owned by and licensed to a resident of the property are kept or boarded between the hours of 12:00am and 5:00am.” In order to address noise complaints received for Doggie Daycare Class II businesses, Council approved an addition to Chapter 531 (CRPS-06-005) in 2006 which states “After February 13, 2006, no person shall own or operate a Class II Doggie Daycare within 200 metres of any residential zone unless such business has been operated continuously and licensed annually at the location since February 13, 2006.” *** This information is available in accessible formats upon request. *** Please call 519-741-2345 or TTY 1-866-969-9994 for assistance. 8 - 1 As well, the issuance of a Doggie Daycare Class II licence requires approval from Planning/Zoning, an inspection by the Humane Society, a neighbourhood information session for parties within 400 metres of the subject business, and a 200-metre distance separation from residential property unless otherwise granted by Council. REPORT: Wag N Train, located at 386 Maple Avenue, obtained a business licence to operate a Doggie Daycare Class II on May 22, 2015. Issues subsequently came to light regarding the Wag N Train operation and as a result staff has diligently worked with the business owner to seek out solutions to the various issues surrounding the business (attached as Appendix ‘A’ – Comprehensive Resolution Plan). One of the issued identified was that the location of the business did not in fact comply with the 200-metre residential distance separation requirement. As a result, the 2016 business renewal licence was refused for Wag N Train. Going forward staff recognizes the fundamental issue that needs to be resolved first is whether Council can support the renewal of the business licence notwithstanding the non-compliance with the 200-metre distance separation from any residential zone requirement. In accordance with Council Policy I-860, the business owner(s) can appeal the refusal of a business licence to Finance and Corporate Services Committee and/or Council. The purpose of bringing this report forward is solely for the purpose of providing the business owner with an opportunity to appeal to Council to have the business licence renewed for this location notwithstanding non-compliance with the 200-metre distance separation requirement. The issuance of the licence could be subject to any conditions Council may deem appropriate but until all public submissions have been made it is difficult to know what those conditions might be, if any. Council is authorized to renew, suspend, revoke or add conditions to a licence. If the licence is granted by Council, Licensing staff will complete the licence renewal process including ensuring compliance with any conditions placed on the business licence by Council. As well, staff will continue to assist the business owner with addressing the other identified issues with the property. It should be noted that the location for this business is a permitted use under the City’s Zoning By-law. Furthermore, Wag N Train passed its annual site inspection performed by the Cambridge Humane Society in January of 2016. It was noted by the inspector that the facility is spotless and gave the highest ratings for Cleanliness, Ventilation, Housing, and Condition of Housing. ALIGNMENT WITH CITY OF KITCHENER STRATEGIC PLAN: The recommendation of this report supports the achievement of the city’s strategic vision through the delivery of core service. 8 - 2 FINANCIAL IMPLICATIONS: The licence fee submitted by the business owner for the 2016 Licence was $144.00. There is no fee for the distance separation appeal meeting. An application to Amend the Site Plan to enable an outdoor dog run would cost $468.00 if the business owner chose to do so pending the decision of Council. COMMUNITY ENGAGEMENT: INFORM – This report has been posted to the City’s website with the agenda in advance of the council / committee meeting. CONSULT – As per Chapter 531, the surrounding area within 400 metres was notified of the renewal application for Wag N Train and the appeal process. The notified parties were invited to attend the appeal meeting or submit their comments in writing to the Manager of Licensing by March 2, 2016.The comments received to-date have been attached to this report. ACKNOWLEDGED BY: Dan Chapman, Deputy CAO, Finance & Corporate Services 8 - 3 APPENDIX ‘A’ – COMPREHENSIVE RESOLUTION PLAN IssueResolutionStatus 1. Required Licensing staff sent out a Comments received to- neighbourhoodnotification to the impacted area on date are included for information session February 18 2016 outlining the Council’s review. , for parties within 400 reason for the appeal meeting, the Comments that are metres of the process to attend and submit made at the March 7, business was not held comments to the Manager of 2016 meeting will be prior to the issuance Licensing by March 2, 2016. The included for the March of the original license. impacted area included the 200-21, 2016 Council metre distance separation meeting. requirement (See #2 below) and the 400-metre neighbourhood information session requirement which were not completed in 2015. 2. Business is within 200 As per Council Policy I-860 the Appeal meeting has metres of a residential business owner has the right to been set for March 7, zone which is not request an appeal meeting. The 2016. permitted.business owner, through her legal counsel, notified the Manager of Licensing on February 9, 2016 that she was requesting an appeal meeting. 3. Approved site plan Two options for compliance have Site Plan amendment has not been followed been offered to the business and process is on hold and parking spaces property owners subject to pending the outcome of are being used Council’s decision as follows: the Licence distance entirely as an outdoor 1. Comply with the 2015 approvedseparation appeal dog run. site plan and establish the parking meeting. area as shown on the approved plan (therefore no outdoor dog run). 2. Apply for an amendment to the site plan to delineate the minimum required amount of parking and have a smaller outdoor dog run area. 8 - 4 IssueResolutionStatus 4. By-law Enforcement Staff has requested the business The business owner has received three formal owner to provide a report outlining indicated she will seek noise complaints in the mitigation techniques that will advice from a noise 2015.be used in order to comply with the consultant regarding Noise By-law. Suggested options noise mitigation options include limiting the number of dogs and has taken some outside at one time to reduce noise reduction excessive barking or other measures including mitigation measures as changing the layout recommended by a noise within the structure and consultant and approved on an applying sound barrier updated site plan. material to the existing fence. 5. Outdoor Signage has Planning staff has advised the Staff has requested the been erected without property owner and the business property owner to seek a a valid permit. owner that the signage attached to variance to the Sign By- the fence does not comply with the law to allow for a ground Sign By-law. supported sign in order to accommodate this tenant and other future tenants in the vacant portion of the building. 6. Overnight boarding of Licensing Staff reminded the Staff is not aware of any dogs has occurred business owner that overnight further overnight which is not permitted boarding is not permitted with a boarding incidents at under a Doggie Doggie Daycare Class II and is this time. Daycare Class II also not permitted within the licence. approved zoning of the property. Staff has advised the business owner to make other arrangements if a dog has not been picked up by midnight. 8 - 5