A plan to expand a kennel in Lively into a full pet resort – complete with a hydrotherapy pool for injured canines – is running into some opposition, from both residents near the facility and city planning staff.
An application to rezone the 16-acre Kalio Road property is headed to the planning committee Nov. 19. The owners of Friends Fur-Ever Pet Resort are hoping to have the kennel rezoned from rural to rural special, which would allow their plans to proceed.
The problem, according to the staff report on the issue, is that kennels are only allowed in rural areas when there's enough space (300 metres) between the kennel and its neighbours.
The kennel currently operates in a 800 square foot building that's only 84 metres from the southerly lot line, the report says.
“A fenced yard in which the dogs are permitted to access is located to the south of the building, which, at its closest, is 21 metres from the southerly lot line.”
The owner wants to build a 4,800 square foot building for the kennel that's 63 metres from the southerly lot line.
“The owner had indicated on the plans that a grooming station, indoor dog play yard, hydrotherapy pool and six luxury suites are to be located in the new building,” the report says. “The plan includes an open fenced yard in which the dogs are permitted to access. The fence enclosing the open yard is considered to be a structure directly associated with the kennel.”
Using the fence to calculate the distance from the kennel to a residence, the closest home between the fence and the dwelling at Moxam Landing Road would be just 47 metres, almost 250 metres less than is required under the zoning bylaw.
The existing building on the property dates back to 2007, and was converted into a kennel in 2013, the same year as the business permit was issued for the business. But from the start, the business didn't comply with the zoning rules, the report said.
“At the time the kennel use was established in 2013, the nearest residential use was located to the north at a distance of approximately 155 m at 12 Kalio Road,” the report said.
“In 2013, two other dwellings located at 28 Kalio Road and 191 Moxam Landing Road were located at distances less than 300 metres from the building converted to a kennel.
“Given the existence of the three dwellings closer than 300 metre to the kennel, the kennel did not comply with the bylaw at that time.”
While the report doesn't say why the business permit was issued when it didn't comply with zoning rules, it says the owners applied for a minor variance in 2016 to legalize their business and to build their expansion.
That application was denied and, after first appealing the decision to the Ontario Municipal Board, the owners dropped the case and decided to apply for a rezoning instead.
That process began in summer 2017 and now heads to planning for a decision. The major issue for several residents opposing the rezoning is noise.
“Every time a dog is picked up or dropped off, there is loud barking from multiple animals,” wrote Kalio Road resident Jim Shea. “Hourly, we can hear trainers yelling at the animals to behave or quiet down. There is rarely a two-hour window of peace and quiet.”
But the owners of the business – Darlene and Nathan Nicholson – also have supporters, and several wrote to the committee urging them to approve the rezoning. Most praised the facility as having a good impact on their dogs, with many pointing to the “free-range” element that allows their pets to run free outdoors.
But the free-range aspect of the kennel is one element that worries neighbours, since it would add to noise.
The owners had sound testing done on the property by consultant ProSonics to show it would be within noise guidelines set by the province. However, the city had the studies peer reviewed. That review took issue with the conclusions of the sound studies, arguing they have not proved that noise coming from the kennel is within legal limits.
“Many questions remain regarding the assessment methodology, assessment location, source characterization, measurement procedure and validity,” wrote sound engineering consultation RWDI.
