Request for Delegation

Anention City Cler

2 Wellin

Email

Phone

Fax

k City of Brampton

gton Street West Brampton ON

cityclerksoffice bram ptonca

(905)874-2178

(905)874-2119

L6Y 4R2

For Office UsMeeting Name

MeattngDale

e Only

Request Date August 142009

Name of Individual(s) Arisa Babiuk

RECEIVED 0LERK8DEPT

PositionTitle

Name of Organization or AU6 1 4 2009

Person being represented Happy Dogs Canine Centre (Located at 2578 Bovaird Dr W)

Full Address for Contact 18 Meadow Bush Ct Brampton ON L6S 5B6

Contact Phone No 647 379 3939 Fax No

Site Plan Approval - 2578 Bovaird Dr WSubject Matter to

be Discussed

I would like to ensure that the Site Plan approval requirements are adhered to as ordered by the Ontario MunicpalAction Requested Board

Attach additional page il required

I am submitting a formal presentation to accompany my delegation I Yes No

I will require the following audio-visual equipmentsoftware for my presentation

Document CameraOverhead Projector DVD Player PowerPoint

Other - please specify

Note Delegates are requested to provide to the City Clerks Office one week prior to the meeting date (i)

30 copies of all background material andor presentations and (ii) for PowerPoint and other visual

presentations an electronic copy of the presentation (eg DVD CD ppt file) to ensure compatibility

with corporate equipment

Once the above information is received by the City Clerks Office you will be contacted by a Legislative

Coordinator to confirm your placement on the appropriate agenda

ISSUE DATE

March 5 2009 PL081486

Ontario

Ontario Municipal Board Commission des affaires municipals de POntario

IN THE MATTER OF subsection 45(12) of the Planning Act RSO 1990 c P 13 as amended

Arisa Babiuk Amarjit Khattra and Ranbir Khattra

Appellant

Applicant Minor VarianceSubject

Property AddressDescription 2578 Bovaird Drive West

Variance from By-law By-law 270-2004

Municipality City of Brampton

Municipal File No A08-173

OMB Case No PL081486

OMB File No PL081486

APPEARANCES

CounselParties

S BaumanCity of Brampton

Arisa Babiuk

DECISION DELIVERED BY A CHRISTOU AND ORDER OF THE BOARD

CONTEXT

Arisa Babiuk (ApplicantAppellant) has appealed the decision of the Committee

of Adjustment of the City of Brampton under Subsection 45(12) of the Planning Act

which refused to authorize a Minor Variance to permit a kennel facility including dog

daycare boarding grooming and training By-law 270-2004 does not permit the

proposed use in the Commercial Agricultural zoning of this property and therefore a

variance is required to permit the use

In support of the application the Board heard from the Applicant Arisa Babiuk

and from Corinne Campbell an officer with the Citys Animal Control Unit In

opposition the Board heard from four area residents The City attended but took no

-2- PL081486

position in support or in opposition The Citys Development Planner Toula

Theocharidis provided factual planning evidence to assist the Board

THE EVIDENCE

The Board heard the following factual evidence

bull The land is located at 2578 Bovaird Drive West west of Heritage Road

bull There are two buildings on the property - a commercial building at the front

and a two-storey residential building at the rear

bull There are single detached dwellings to the east and north of this property a

Place of Worship on the west side and agricultural land on the south

bull The land is designated Residential in the Official Plan and does not permit

Agricultural uses

bull The land is zoned Commercial Agricultural - CA

bull The CA zone does not permit kennels

bull The residential properties in the vicinity are zoned Agricultural

bull There is a Holding (H) provision in Zoning By-law 300-2005 (page 56 Exhibit

1) intended to protect the Bram West Parkway north-south Transportation

Corridor in the area between Heritage Road and Winston Churchill Boulevard

bull The Holding provision can be removed by By-law amendment only when the

selection of the Transportation Corridor has been approved

bull No date has been set for the approval of the Transportation Corridor

bull A kennel is defined in Section 50 of the Brampton By-law (Exhibit 4) as

-3- PL081486

bull KENNEL shall mean a place whether enclosed or not where cats dogs or

other household pets are kept for the purpose of raising breeding boarding

training or selling them

bull A kennel is permitted in an Agricultural zone provided the kennel is not closer

than 152 metres to any adjoining lot

bull There is no distance separation provided in the CA zone

Ms Babiuk testified that she is an experienced professional dog trainer and works

with the Citys Animal Control Unit She advised the Board that she is now prepared to

change the application from what was originally before the Committee and will not have

boarding or overnight facilities for the dogs She will only be providing dog daycare

grooming and training on an appointment basis for her clients Obedience training

would entail a one-hour session under the supervision of the dog owner There will be

no dog walking or dog runs as she will be offering such service only at the dog owners

home

She is seeking the variance for a period of two years and hopes to prove to the

neighbours that there will be no adverse impacts from her dog daycare in terms of noise

from barking dogs and any outdoor activity If there are legitimate complaints from the

neighbours at the end of the two years she is prepared to relocate

She anticipates the dog daycare service to attract up to 15 animals The dogs

will be screened and she stated she will not be accepting dogs that bark excessively

She has a device that corrects barking in dogs should it be required The dogs will be

mostly looked after inside the building They would be allowed outside for short periods

of time to relieve themselves The outside area will be on the west side of the building

and will be screened on all sides with a 2-metre high wood fence

Ms Babiuk is prepared to work with the City to ensure compliance with any

conditions the City may seek to impose She asserted that the dog daycare service is

needed in this area as there are no similar services available in the City The location

being near the residential community and on a major road is attractive for this use and

the existing commercial building would be ideal for the services she proposes

Dl-5

-4- PL081486

The site is zoned Commercial Agricultural and a commercial nursery use has

operated there for many years The dog daycare will serve the community while the

primary use will continue to be commercial ie grooming and training In her opinion

the requested variance is not a departure from the established character of the area

Therefore the general intent and purpose of the By-law will be maintained

Further Ms Babiuk testified that the variance is desirable for the appropriate

development and use of the land and it is minor because the building will continue to be

commercial and the proposed use would be for a limited time of two years

In her opinion the application meets the four statutory tests prescribed in

Subsection 45(1) the Planning Act The variance meets the intent and purpose of the

Official Plan and the Zoning By-law The daycare within the commercial building will be

consistent with the character of the area and the long-term use of the property

Ms Campbell works with Ms Babiuk at the Animal Shelter and supports the

proposal as presented She testified that Ms Babiuk is a good dog trainer and she will

be respectful to the neighbours The proposed facility would meet the requirements of

the Kennel License By-law because it is clean and spacious

John Terry lives immediately to the northeast of the property at 10044 Heritage

Road He does not support the proposed dog daycare and has collected 12 signatures

in opposition from six households in the area His concerns are the use is not

permitted in the Zoning By-law there will be traffic and accidents there is presently a

dog at the house that barks often and there will be more noise from other barking dogs

of the daycare the dog waste will contaminate the water wells and storm water which

will run off to a small creek to the south

Dona Lamoureaux lives at 10068 Heritage Road and shares the same concerns

as Mr Terry In her opinion the variance is not minor

Ina Terry lives at 2556 Bovaird Drive immediately to the west of the subject

property and has similar concerns as the other neighbours In her opinion the variance

is not minor as there is very small distance (about 100 feet) from the proposed dog

daycare and her property which is significantly less than the 500-foot separation

-5- PL081486

required in the Agricultural zone Also there are five houses within the 500-foot radius

from the proposed facility

Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the

other neighbours He also owns a dog and is familiar with the dog barking and waste

issues

THE BOARDS DECISION

Having carefully considered the evidence presented by all Parties it is the

Boards view that the proposed variance as amended provides for a closer compliance

with the Zoning By-law as the tempered use would be more of a commercial nature

than the dog kennel originally proposed The proposed activities will be limited to dog

sitting grooming and training for no more than 15 dogs There will be no overnight

stays and any barking will be controlled by the proponent by acceptable means as

described by the Applicant and the Animal Control Officer

Further to Subsection 45(1811) of the Planning Act the Board is satisfied that

the amendment to the application is minor and does not materially change the proposal

As such no further Notice is required

The Board heard evidence from the proponent that this is intended to be for a

temporary period of two years and if there were legitimate concerns raised by the

neighbours within this time period she cannot mitigate then she would have to relocate

at that time The use of the property will remain commercial and residential and

therefore the proposed use would maintain the general intent of the Official Plan and

the Zoning By-law

Having considered all the evidence and submissions made at this hearing the

Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the

Planning Act it is minor and appropriate use of the land

It is the Boards view that this proposal will be compatible with the built form in

the immediate area and will not adversely impact the neighbourhood Some of the

neighbours have dogs and the keeping of domestic animals is not uncommon in

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

ISSUE DATE

March 5 2009 PL081486

Ontario

Ontario Municipal Board Commission des affaires municipals de POntario

IN THE MATTER OF subsection 45(12) of the Planning Act RSO 1990 c P 13 as amended

Arisa Babiuk Amarjit Khattra and Ranbir Khattra

Appellant

Applicant Minor VarianceSubject

Property AddressDescription 2578 Bovaird Drive West

Variance from By-law By-law 270-2004

Municipality City of Brampton

Municipal File No A08-173

OMB Case No PL081486

OMB File No PL081486

APPEARANCES

CounselParties

S BaumanCity of Brampton

Arisa Babiuk

DECISION DELIVERED BY A CHRISTOU AND ORDER OF THE BOARD

CONTEXT

Arisa Babiuk (ApplicantAppellant) has appealed the decision of the Committee

of Adjustment of the City of Brampton under Subsection 45(12) of the Planning Act

which refused to authorize a Minor Variance to permit a kennel facility including dog

daycare boarding grooming and training By-law 270-2004 does not permit the

proposed use in the Commercial Agricultural zoning of this property and therefore a

variance is required to permit the use

In support of the application the Board heard from the Applicant Arisa Babiuk

and from Corinne Campbell an officer with the Citys Animal Control Unit In

opposition the Board heard from four area residents The City attended but took no

-2- PL081486

position in support or in opposition The Citys Development Planner Toula

Theocharidis provided factual planning evidence to assist the Board

THE EVIDENCE

The Board heard the following factual evidence

bull The land is located at 2578 Bovaird Drive West west of Heritage Road

bull There are two buildings on the property - a commercial building at the front

and a two-storey residential building at the rear

bull There are single detached dwellings to the east and north of this property a

Place of Worship on the west side and agricultural land on the south

bull The land is designated Residential in the Official Plan and does not permit

Agricultural uses

bull The land is zoned Commercial Agricultural - CA

bull The CA zone does not permit kennels

bull The residential properties in the vicinity are zoned Agricultural

bull There is a Holding (H) provision in Zoning By-law 300-2005 (page 56 Exhibit

1) intended to protect the Bram West Parkway north-south Transportation

Corridor in the area between Heritage Road and Winston Churchill Boulevard

bull The Holding provision can be removed by By-law amendment only when the

selection of the Transportation Corridor has been approved

bull No date has been set for the approval of the Transportation Corridor

bull A kennel is defined in Section 50 of the Brampton By-law (Exhibit 4) as

-3- PL081486

bull KENNEL shall mean a place whether enclosed or not where cats dogs or

other household pets are kept for the purpose of raising breeding boarding

training or selling them

bull A kennel is permitted in an Agricultural zone provided the kennel is not closer

than 152 metres to any adjoining lot

bull There is no distance separation provided in the CA zone

Ms Babiuk testified that she is an experienced professional dog trainer and works

with the Citys Animal Control Unit She advised the Board that she is now prepared to

change the application from what was originally before the Committee and will not have

boarding or overnight facilities for the dogs She will only be providing dog daycare

grooming and training on an appointment basis for her clients Obedience training

would entail a one-hour session under the supervision of the dog owner There will be

no dog walking or dog runs as she will be offering such service only at the dog owners

home

She is seeking the variance for a period of two years and hopes to prove to the

neighbours that there will be no adverse impacts from her dog daycare in terms of noise

from barking dogs and any outdoor activity If there are legitimate complaints from the

neighbours at the end of the two years she is prepared to relocate

She anticipates the dog daycare service to attract up to 15 animals The dogs

will be screened and she stated she will not be accepting dogs that bark excessively

She has a device that corrects barking in dogs should it be required The dogs will be

mostly looked after inside the building They would be allowed outside for short periods

of time to relieve themselves The outside area will be on the west side of the building

and will be screened on all sides with a 2-metre high wood fence

Ms Babiuk is prepared to work with the City to ensure compliance with any

conditions the City may seek to impose She asserted that the dog daycare service is

needed in this area as there are no similar services available in the City The location

being near the residential community and on a major road is attractive for this use and

the existing commercial building would be ideal for the services she proposes

Dl-5

-4- PL081486

The site is zoned Commercial Agricultural and a commercial nursery use has

operated there for many years The dog daycare will serve the community while the

primary use will continue to be commercial ie grooming and training In her opinion

the requested variance is not a departure from the established character of the area

Therefore the general intent and purpose of the By-law will be maintained

Further Ms Babiuk testified that the variance is desirable for the appropriate

development and use of the land and it is minor because the building will continue to be

commercial and the proposed use would be for a limited time of two years

In her opinion the application meets the four statutory tests prescribed in

Subsection 45(1) the Planning Act The variance meets the intent and purpose of the

Official Plan and the Zoning By-law The daycare within the commercial building will be

consistent with the character of the area and the long-term use of the property

Ms Campbell works with Ms Babiuk at the Animal Shelter and supports the

proposal as presented She testified that Ms Babiuk is a good dog trainer and she will

be respectful to the neighbours The proposed facility would meet the requirements of

the Kennel License By-law because it is clean and spacious

John Terry lives immediately to the northeast of the property at 10044 Heritage

Road He does not support the proposed dog daycare and has collected 12 signatures

in opposition from six households in the area His concerns are the use is not

permitted in the Zoning By-law there will be traffic and accidents there is presently a

dog at the house that barks often and there will be more noise from other barking dogs

of the daycare the dog waste will contaminate the water wells and storm water which

will run off to a small creek to the south

Dona Lamoureaux lives at 10068 Heritage Road and shares the same concerns

as Mr Terry In her opinion the variance is not minor

Ina Terry lives at 2556 Bovaird Drive immediately to the west of the subject

property and has similar concerns as the other neighbours In her opinion the variance

is not minor as there is very small distance (about 100 feet) from the proposed dog

daycare and her property which is significantly less than the 500-foot separation

-5- PL081486

required in the Agricultural zone Also there are five houses within the 500-foot radius

from the proposed facility

Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the

other neighbours He also owns a dog and is familiar with the dog barking and waste

issues

THE BOARDS DECISION

Having carefully considered the evidence presented by all Parties it is the

Boards view that the proposed variance as amended provides for a closer compliance

with the Zoning By-law as the tempered use would be more of a commercial nature

than the dog kennel originally proposed The proposed activities will be limited to dog

sitting grooming and training for no more than 15 dogs There will be no overnight

stays and any barking will be controlled by the proponent by acceptable means as

described by the Applicant and the Animal Control Officer

Further to Subsection 45(1811) of the Planning Act the Board is satisfied that

the amendment to the application is minor and does not materially change the proposal

As such no further Notice is required

The Board heard evidence from the proponent that this is intended to be for a

temporary period of two years and if there were legitimate concerns raised by the

neighbours within this time period she cannot mitigate then she would have to relocate

at that time The use of the property will remain commercial and residential and

therefore the proposed use would maintain the general intent of the Official Plan and

the Zoning By-law

Having considered all the evidence and submissions made at this hearing the

Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the

Planning Act it is minor and appropriate use of the land

It is the Boards view that this proposal will be compatible with the built form in

the immediate area and will not adversely impact the neighbourhood Some of the

neighbours have dogs and the keeping of domestic animals is not uncommon in

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

-2- PL081486

position in support or in opposition The Citys Development Planner Toula

Theocharidis provided factual planning evidence to assist the Board

THE EVIDENCE

The Board heard the following factual evidence

bull The land is located at 2578 Bovaird Drive West west of Heritage Road

bull There are two buildings on the property - a commercial building at the front

and a two-storey residential building at the rear

bull There are single detached dwellings to the east and north of this property a

Place of Worship on the west side and agricultural land on the south

bull The land is designated Residential in the Official Plan and does not permit

Agricultural uses

bull The land is zoned Commercial Agricultural - CA

bull The CA zone does not permit kennels

bull The residential properties in the vicinity are zoned Agricultural

bull There is a Holding (H) provision in Zoning By-law 300-2005 (page 56 Exhibit

1) intended to protect the Bram West Parkway north-south Transportation

Corridor in the area between Heritage Road and Winston Churchill Boulevard

bull The Holding provision can be removed by By-law amendment only when the

selection of the Transportation Corridor has been approved

bull No date has been set for the approval of the Transportation Corridor

bull A kennel is defined in Section 50 of the Brampton By-law (Exhibit 4) as

-3- PL081486

bull KENNEL shall mean a place whether enclosed or not where cats dogs or

other household pets are kept for the purpose of raising breeding boarding

training or selling them

bull A kennel is permitted in an Agricultural zone provided the kennel is not closer

than 152 metres to any adjoining lot

bull There is no distance separation provided in the CA zone

Ms Babiuk testified that she is an experienced professional dog trainer and works

with the Citys Animal Control Unit She advised the Board that she is now prepared to

change the application from what was originally before the Committee and will not have

boarding or overnight facilities for the dogs She will only be providing dog daycare

grooming and training on an appointment basis for her clients Obedience training

would entail a one-hour session under the supervision of the dog owner There will be

no dog walking or dog runs as she will be offering such service only at the dog owners

home

She is seeking the variance for a period of two years and hopes to prove to the

neighbours that there will be no adverse impacts from her dog daycare in terms of noise

from barking dogs and any outdoor activity If there are legitimate complaints from the

neighbours at the end of the two years she is prepared to relocate

She anticipates the dog daycare service to attract up to 15 animals The dogs

will be screened and she stated she will not be accepting dogs that bark excessively

She has a device that corrects barking in dogs should it be required The dogs will be

mostly looked after inside the building They would be allowed outside for short periods

of time to relieve themselves The outside area will be on the west side of the building

and will be screened on all sides with a 2-metre high wood fence

Ms Babiuk is prepared to work with the City to ensure compliance with any

conditions the City may seek to impose She asserted that the dog daycare service is

needed in this area as there are no similar services available in the City The location

being near the residential community and on a major road is attractive for this use and

the existing commercial building would be ideal for the services she proposes

Dl-5

-4- PL081486

The site is zoned Commercial Agricultural and a commercial nursery use has

operated there for many years The dog daycare will serve the community while the

primary use will continue to be commercial ie grooming and training In her opinion

the requested variance is not a departure from the established character of the area

Therefore the general intent and purpose of the By-law will be maintained

Further Ms Babiuk testified that the variance is desirable for the appropriate

development and use of the land and it is minor because the building will continue to be

commercial and the proposed use would be for a limited time of two years

In her opinion the application meets the four statutory tests prescribed in

Subsection 45(1) the Planning Act The variance meets the intent and purpose of the

Official Plan and the Zoning By-law The daycare within the commercial building will be

consistent with the character of the area and the long-term use of the property

Ms Campbell works with Ms Babiuk at the Animal Shelter and supports the

proposal as presented She testified that Ms Babiuk is a good dog trainer and she will

be respectful to the neighbours The proposed facility would meet the requirements of

the Kennel License By-law because it is clean and spacious

John Terry lives immediately to the northeast of the property at 10044 Heritage

Road He does not support the proposed dog daycare and has collected 12 signatures

in opposition from six households in the area His concerns are the use is not

permitted in the Zoning By-law there will be traffic and accidents there is presently a

dog at the house that barks often and there will be more noise from other barking dogs

of the daycare the dog waste will contaminate the water wells and storm water which

will run off to a small creek to the south

Dona Lamoureaux lives at 10068 Heritage Road and shares the same concerns

as Mr Terry In her opinion the variance is not minor

Ina Terry lives at 2556 Bovaird Drive immediately to the west of the subject

property and has similar concerns as the other neighbours In her opinion the variance

is not minor as there is very small distance (about 100 feet) from the proposed dog

daycare and her property which is significantly less than the 500-foot separation

-5- PL081486

required in the Agricultural zone Also there are five houses within the 500-foot radius

from the proposed facility

Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the

other neighbours He also owns a dog and is familiar with the dog barking and waste

issues

THE BOARDS DECISION

Having carefully considered the evidence presented by all Parties it is the

Boards view that the proposed variance as amended provides for a closer compliance

with the Zoning By-law as the tempered use would be more of a commercial nature

than the dog kennel originally proposed The proposed activities will be limited to dog

sitting grooming and training for no more than 15 dogs There will be no overnight

stays and any barking will be controlled by the proponent by acceptable means as

described by the Applicant and the Animal Control Officer

Further to Subsection 45(1811) of the Planning Act the Board is satisfied that

the amendment to the application is minor and does not materially change the proposal

As such no further Notice is required

The Board heard evidence from the proponent that this is intended to be for a

temporary period of two years and if there were legitimate concerns raised by the

neighbours within this time period she cannot mitigate then she would have to relocate

at that time The use of the property will remain commercial and residential and

therefore the proposed use would maintain the general intent of the Official Plan and

the Zoning By-law

Having considered all the evidence and submissions made at this hearing the

Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the

Planning Act it is minor and appropriate use of the land

It is the Boards view that this proposal will be compatible with the built form in

the immediate area and will not adversely impact the neighbourhood Some of the

neighbours have dogs and the keeping of domestic animals is not uncommon in

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

-3- PL081486

bull KENNEL shall mean a place whether enclosed or not where cats dogs or

other household pets are kept for the purpose of raising breeding boarding

training or selling them

bull A kennel is permitted in an Agricultural zone provided the kennel is not closer

than 152 metres to any adjoining lot

bull There is no distance separation provided in the CA zone

Ms Babiuk testified that she is an experienced professional dog trainer and works

with the Citys Animal Control Unit She advised the Board that she is now prepared to

change the application from what was originally before the Committee and will not have

boarding or overnight facilities for the dogs She will only be providing dog daycare

grooming and training on an appointment basis for her clients Obedience training

would entail a one-hour session under the supervision of the dog owner There will be

no dog walking or dog runs as she will be offering such service only at the dog owners

home

She is seeking the variance for a period of two years and hopes to prove to the

neighbours that there will be no adverse impacts from her dog daycare in terms of noise

from barking dogs and any outdoor activity If there are legitimate complaints from the

neighbours at the end of the two years she is prepared to relocate

She anticipates the dog daycare service to attract up to 15 animals The dogs

will be screened and she stated she will not be accepting dogs that bark excessively

She has a device that corrects barking in dogs should it be required The dogs will be

mostly looked after inside the building They would be allowed outside for short periods

of time to relieve themselves The outside area will be on the west side of the building

and will be screened on all sides with a 2-metre high wood fence

Ms Babiuk is prepared to work with the City to ensure compliance with any

conditions the City may seek to impose She asserted that the dog daycare service is

needed in this area as there are no similar services available in the City The location

being near the residential community and on a major road is attractive for this use and

the existing commercial building would be ideal for the services she proposes

Dl-5

-4- PL081486

The site is zoned Commercial Agricultural and a commercial nursery use has

operated there for many years The dog daycare will serve the community while the

primary use will continue to be commercial ie grooming and training In her opinion

the requested variance is not a departure from the established character of the area

Therefore the general intent and purpose of the By-law will be maintained

Further Ms Babiuk testified that the variance is desirable for the appropriate

development and use of the land and it is minor because the building will continue to be

commercial and the proposed use would be for a limited time of two years

In her opinion the application meets the four statutory tests prescribed in

Subsection 45(1) the Planning Act The variance meets the intent and purpose of the

Official Plan and the Zoning By-law The daycare within the commercial building will be

consistent with the character of the area and the long-term use of the property

Ms Campbell works with Ms Babiuk at the Animal Shelter and supports the

proposal as presented She testified that Ms Babiuk is a good dog trainer and she will

be respectful to the neighbours The proposed facility would meet the requirements of

the Kennel License By-law because it is clean and spacious

John Terry lives immediately to the northeast of the property at 10044 Heritage

Road He does not support the proposed dog daycare and has collected 12 signatures

in opposition from six households in the area His concerns are the use is not

permitted in the Zoning By-law there will be traffic and accidents there is presently a

dog at the house that barks often and there will be more noise from other barking dogs

of the daycare the dog waste will contaminate the water wells and storm water which

will run off to a small creek to the south

Dona Lamoureaux lives at 10068 Heritage Road and shares the same concerns

as Mr Terry In her opinion the variance is not minor

Ina Terry lives at 2556 Bovaird Drive immediately to the west of the subject

property and has similar concerns as the other neighbours In her opinion the variance

is not minor as there is very small distance (about 100 feet) from the proposed dog

daycare and her property which is significantly less than the 500-foot separation

-5- PL081486

required in the Agricultural zone Also there are five houses within the 500-foot radius

from the proposed facility

Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the

other neighbours He also owns a dog and is familiar with the dog barking and waste

issues

THE BOARDS DECISION

Having carefully considered the evidence presented by all Parties it is the

Boards view that the proposed variance as amended provides for a closer compliance

with the Zoning By-law as the tempered use would be more of a commercial nature

than the dog kennel originally proposed The proposed activities will be limited to dog

sitting grooming and training for no more than 15 dogs There will be no overnight

stays and any barking will be controlled by the proponent by acceptable means as

described by the Applicant and the Animal Control Officer

Further to Subsection 45(1811) of the Planning Act the Board is satisfied that

the amendment to the application is minor and does not materially change the proposal

As such no further Notice is required

The Board heard evidence from the proponent that this is intended to be for a

temporary period of two years and if there were legitimate concerns raised by the

neighbours within this time period she cannot mitigate then she would have to relocate

at that time The use of the property will remain commercial and residential and

therefore the proposed use would maintain the general intent of the Official Plan and

the Zoning By-law

Having considered all the evidence and submissions made at this hearing the

Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the

Planning Act it is minor and appropriate use of the land

It is the Boards view that this proposal will be compatible with the built form in

the immediate area and will not adversely impact the neighbourhood Some of the

neighbours have dogs and the keeping of domestic animals is not uncommon in

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

Dl-5

-4- PL081486

The site is zoned Commercial Agricultural and a commercial nursery use has

operated there for many years The dog daycare will serve the community while the

primary use will continue to be commercial ie grooming and training In her opinion

the requested variance is not a departure from the established character of the area

Therefore the general intent and purpose of the By-law will be maintained

Further Ms Babiuk testified that the variance is desirable for the appropriate

development and use of the land and it is minor because the building will continue to be

commercial and the proposed use would be for a limited time of two years

In her opinion the application meets the four statutory tests prescribed in

Subsection 45(1) the Planning Act The variance meets the intent and purpose of the

Official Plan and the Zoning By-law The daycare within the commercial building will be

consistent with the character of the area and the long-term use of the property

Ms Campbell works with Ms Babiuk at the Animal Shelter and supports the

proposal as presented She testified that Ms Babiuk is a good dog trainer and she will

be respectful to the neighbours The proposed facility would meet the requirements of

the Kennel License By-law because it is clean and spacious

John Terry lives immediately to the northeast of the property at 10044 Heritage

Road He does not support the proposed dog daycare and has collected 12 signatures

in opposition from six households in the area His concerns are the use is not

permitted in the Zoning By-law there will be traffic and accidents there is presently a

dog at the house that barks often and there will be more noise from other barking dogs

of the daycare the dog waste will contaminate the water wells and storm water which

will run off to a small creek to the south

Dona Lamoureaux lives at 10068 Heritage Road and shares the same concerns

as Mr Terry In her opinion the variance is not minor

Ina Terry lives at 2556 Bovaird Drive immediately to the west of the subject

property and has similar concerns as the other neighbours In her opinion the variance

is not minor as there is very small distance (about 100 feet) from the proposed dog

daycare and her property which is significantly less than the 500-foot separation

-5- PL081486

required in the Agricultural zone Also there are five houses within the 500-foot radius

from the proposed facility

Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the

other neighbours He also owns a dog and is familiar with the dog barking and waste

issues

THE BOARDS DECISION

Having carefully considered the evidence presented by all Parties it is the

Boards view that the proposed variance as amended provides for a closer compliance

with the Zoning By-law as the tempered use would be more of a commercial nature

than the dog kennel originally proposed The proposed activities will be limited to dog

sitting grooming and training for no more than 15 dogs There will be no overnight

stays and any barking will be controlled by the proponent by acceptable means as

described by the Applicant and the Animal Control Officer

Further to Subsection 45(1811) of the Planning Act the Board is satisfied that

the amendment to the application is minor and does not materially change the proposal

As such no further Notice is required

The Board heard evidence from the proponent that this is intended to be for a

temporary period of two years and if there were legitimate concerns raised by the

neighbours within this time period she cannot mitigate then she would have to relocate

at that time The use of the property will remain commercial and residential and

therefore the proposed use would maintain the general intent of the Official Plan and

the Zoning By-law

Having considered all the evidence and submissions made at this hearing the

Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the

Planning Act it is minor and appropriate use of the land

It is the Boards view that this proposal will be compatible with the built form in

the immediate area and will not adversely impact the neighbourhood Some of the

neighbours have dogs and the keeping of domestic animals is not uncommon in

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

-5- PL081486

required in the Agricultural zone Also there are five houses within the 500-foot radius

from the proposed facility

Joe Da Silva lives at 2538 Bovaird Drive and shares the same concerns as the

other neighbours He also owns a dog and is familiar with the dog barking and waste

issues

THE BOARDS DECISION

Having carefully considered the evidence presented by all Parties it is the

Boards view that the proposed variance as amended provides for a closer compliance

with the Zoning By-law as the tempered use would be more of a commercial nature

than the dog kennel originally proposed The proposed activities will be limited to dog

sitting grooming and training for no more than 15 dogs There will be no overnight

stays and any barking will be controlled by the proponent by acceptable means as

described by the Applicant and the Animal Control Officer

Further to Subsection 45(1811) of the Planning Act the Board is satisfied that

the amendment to the application is minor and does not materially change the proposal

As such no further Notice is required

The Board heard evidence from the proponent that this is intended to be for a

temporary period of two years and if there were legitimate concerns raised by the

neighbours within this time period she cannot mitigate then she would have to relocate

at that time The use of the property will remain commercial and residential and

therefore the proposed use would maintain the general intent of the Official Plan and

the Zoning By-law

Having considered all the evidence and submissions made at this hearing the

Board finds that the Variance meets the four statutory tests of Subsection 45(1) of the

Planning Act it is minor and appropriate use of the land

It is the Boards view that this proposal will be compatible with the built form in

the immediate area and will not adversely impact the neighbourhood Some of the

neighbours have dogs and the keeping of domestic animals is not uncommon in

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

to-7 -6- PL081486

agricultural and rural residential areas such as this Although the surrounding houses

are zoned Agricultural and a 152-metre separation for kennels applies the subject site

is zoned Commercial Agricultural and there is no distance separation requirement from

the CA zone in the By-law In recognition of this distance shortfall the Applicant is

proposing to keep the dogs inside the building for the greater part of the day This

together with other barking control measures proposed should minimize barking noise

to the neighbours

Bovaird Drive (formerly Highway 7) is a major thoroughfare and can easily

accommodate the traffic expected to be generated by the proposed use In fact the

previous commercial use of the site and also the Place of Worship to the west attract

significant amounts of traffic and no evidence was produced to substantiate that this use

will increase traffic or the probability of accidents

There is sufficient parking on site for the drop-off and pick-up of animals

The potential sanitary and storm water management concerns raised by the

neighbours can be mitigated by appropriate measures of animal waste collection and

disposal that can be coordinated with the Citys Site Plan approval process which

would be a condition of this approval

Therefore BOARD ORDERS that the appeal as revised is allowed and a

variance as amended to By-law 270-2004 of the City of Brampton to permit a dog

daycare facility is authorized subject to the following conditions

1 Only dog daycare grooming and training shall be permitted on the

commercial building on the site

2 The Applicant shall obtain from the City of Brampton Site Plan approval

of the proposed outdoor yard enclosure on the west side of the building

This approval is to specifically address appropriate measures of animal

waste collection and disposal to the Citys satisfaction in order to

minimize surface and subsurface water contamination

3 The Variance shall be in effect for a period of two years from the date Site

Plan approval is issued by the City of Brampton

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

7 PL081486

4 A maximum of 15 dogs is to be allowed on the premises at any given time

for daycare grooming and training services

5 No overnight boarding of animals will be permitted

So Orders the Board

A Christou

A CHRISTOU

MEMBER

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

Flower City

bramptonca

Planning Design amp

Development Department

April 17 2009

Arisa Babiuk

18 Meadow Bush Court Brampton ON

L6S 5B6

Dear Arisa

RE DOG DAYCARE AT 2578 BOVAIRD DRIVE WEST Site Plan Preconsultation

Process

With respect to your intent to open a dog daycare at 2578 Bovaird Drive West staff offer the following comments to assist with your site plan application Please note that these comments are considered to be part of the Citys preconsultation process In accordance with OP93-293 and OP2006-011 the Planning Design and Development Department requires applicants to pre-consult with staff prior to the submission of an application requiring Planning Act approval A standard fee of $30000 applies to preconsultation to be paid with your submission of the attached preconsultation form

Typically as part of any site plan submission you are required to submit the following with your site plan application form (attached)

25 Site Plan Drawings

6 Elevations 3 Floor Plans

5 Landscape Drawings 7 Site Service and Grading Plans

3 Storm Water Management Reports

3 Recent Property Surveys prepared by an Ontario Land Surveyor

Brampton City Hall 2 Wellington Street West Brampton ON L6Y4R2 Tel 905-874-2050 Fax905-874-2099 wwwbramptonca TTY 905-874-2)30

THE B R A M P

bull Site Plan Application Fee

bull Authorization letter from the property owner permitting you to take this

application through the site plan approval process

However as noted at our meeting on March 31 we will allow you to combine the

landscape drawings with the site plan drawings Furthermore before submitting

the floor plans also consider the suggestion offered by Lillyan McGinn (905) 874-

2441 to discuss the floor plan requirements with her staff before formal

submission in order to limit the number of revisions later

Once the required drawings have been submitted we will circulate the drawings

to staff for their review and discuss the issues at one of our weekly site plan

committee meetings We will follow up with a detailed site plan committee report

that consolidates all of staffs comments

For your assistance attached is a copy of the site plan approval manual which

offers more detailed information on the site plan approval process and what is

required as part of each drawing noted above

Preliminary Site Plan Comments

Traffic

As part of the site plan approval process staff need to understand how the

facility will operate in terms of vehicle circulation and parking Show us the route

of traffic and the configuration and number of parking spots that will be made

available The aim is to design a site plan the will promote safe and efficient

traffic flow and reduce traffic conflict or confusion

Staff note that the property also has a garden centre Show us how the two uses

will operate in tandem in terms of parking and traffic Also show us where the

outdoor storagedisplays for the green house will be located The site plan needs

to clearly identifydelineate the different uses on the site including the areas used

for dog daycare garden centre residence and landscaping

Bovaird Drive is a Regional Road The Region will be given the opportunity to

comment on the proposal through the site plan approval process Consider

approaching them ahead of time to discuss their requirements and concerns

Building

Provide the City with a fully dimensioned floor plan identifying all the uses in the

building and their size A building permit may be required if there are any

structural changes or updates to the building needed or if there are other users of

Jgt-1

the building in addition to the dog daycare There must be clear separation if

there is more than one use

GradingServicing and Storm Water Management Issues

Note that in the OMB decision the board member emphasized the need for the applicant to appropriately address animal waste collection and disposal to the

Citys satisfaction in order to minimize surface and subsurface water

contamination In this context you are required to provide grading and servicing drawings and a storm water management report

Recent property surveys prepared by an Ontario Land Surveyor should also be provided

Through our review we will consider how both solid and liquid waste will be

addressed to avoid any negative impacts downstream and on the surrounding neighbourhood You submission needs to clearly identify how you will address this issue

Credit Valley Conservation will be circulated for comment as part of the site plan approval process to determine their requirements

Landscaping

With respect to landscaping provide a 3 metre-landscaping strip at the front of the property We recommend a mixture of coniferous and deciduous trees and shrubs be provided The front yard fence will need to be removed or relocated further back to allow for the 3-metre landscaping strip

Ensure that a solid wooden fence will be erected for the dogs outdoor playing

area with a minimum height of 18 metres (6 feet) The fenced enclosure should be set back from the west property line minimum 2 metres to facilitate planting a row of deciduous trees to provide both shade and screening above the fence since there is no vegetation along the west side of the property and the Jehovahs Witness property is higher than this property 70mm caliper high branching deciduous trees spaced 7m apart would be appropriate

Asphalt will likely be required for the immediate area surrounding the entrance to avoid gravelsand from spilling onto Bovaird Drive

No existing trees should be removed

We recommend a more attractive sign replace the existing plywood and post sign at the front of the property

V

Conclusion

Note that these comments are preliminary in nature and will not limit further

comments from staff at a later time once all the appropriate drawings are

submitted and staff have had the opportunity to review the detailed site plan

drawings These comments are meant to assist you with the site plan approval

process If you have any questions or require further clarification feel free to

contact me

Regards

i

Paul Aldunate MPL MCIP RPP

Development Planner

Planning and Land Development Services

Tel 905) 874-2435

Email PaulAldunatebramptonca

cc Dan Kraszewski

Allan Parsons

Tracy Westover

Jgt-1

the building in addition to the dog daycare There must be clear separation if

there is more than one use

GradingServicing and Storm Water Management Issues

Note that in the OMB decision the board member emphasized the need for the applicant to appropriately address animal waste collection and disposal to the

Citys satisfaction in order to minimize surface and subsurface water

contamination In this context you are required to provide grading and servicing drawings and a storm water management report

Recent property surveys prepared by an Ontario Land Surveyor should also be provided

Through our review we will consider how both solid and liquid waste will be

addressed to avoid any negative impacts downstream and on the surrounding neighbourhood You submission needs to clearly identify how you will address this issue

Credit Valley Conservation will be circulated for comment as part of the site plan approval process to determine their requirements

Landscaping

With respect to landscaping provide a 3 metre-landscaping strip at the front of the property We recommend a mixture of coniferous and deciduous trees and shrubs be provided The front yard fence will need to be removed or relocated further back to allow for the 3-metre landscaping strip

Ensure that a solid wooden fence will be erected for the dogs outdoor playing

area with a minimum height of 18 metres (6 feet) The fenced enclosure should be set back from the west property line minimum 2 metres to facilitate planting a row of deciduous trees to provide both shade and screening above the fence since there is no vegetation along the west side of the property and the Jehovahs Witness property is higher than this property 70mm caliper high branching deciduous trees spaced 7m apart would be appropriate

Asphalt will likely be required for the immediate area surrounding the entrance to avoid gravelsand from spilling onto Bovaird Drive

No existing trees should be removed

We recommend a more attractive sign replace the existing plywood and post sign at the front of the property

V

Conclusion

Note that these comments are preliminary in nature and will not limit further

comments from staff at a later time once all the appropriate drawings are

submitted and staff have had the opportunity to review the detailed site plan

drawings These comments are meant to assist you with the site plan approval

process If you have any questions or require further clarification feel free to

contact me

Regards

i

Paul Aldunate MPL MCIP RPP

Development Planner

Planning and Land Development Services

Tel 905) 874-2435

Email PaulAldunatebramptonca

cc Dan Kraszewski

Allan Parsons

Tracy Westover

V

Conclusion

Note that these comments are preliminary in nature and will not limit further

comments from staff at a later time once all the appropriate drawings are

submitted and staff have had the opportunity to review the detailed site plan

drawings These comments are meant to assist you with the site plan approval

process If you have any questions or require further clarification feel free to

contact me

Regards

i

Paul Aldunate MPL MCIP RPP

Development Planner

Planning and Land Development Services

Tel 905) 874-2435

Email PaulAldunatebramptonca

cc Dan Kraszewski

Allan Parsons

Tracy Westover

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