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65 <br />ORANGE COUNTY <br />BOARD OF COMMISSIONERS AND <br />PLANNING BOARD <br />QUARTERLY PUBLIC HEARING ACTION AGENDA ITEM ABSTRACT <br />Meeting Date: February 24, 2014 <br />Action Agenda <br />Item No. C.3 <br />SUBJECT: Unified Development Ordinance Text Amendment Related to Setbacks for <br />Class II Kennels Developed in the EDE -2 General Use Zoning District <br />DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y /N) Yes <br />ATTACHMENT(S): <br />1. Application for UDO Text Amendment <br />2. Staff Review Comments <br />3. Map of Subject Property <br />INFORMATION CONTACT: <br />Michael D. Harvey, Planner III (919) 245 -2597 <br />Craig Benedict, Director (919) 245 -2575 <br />PURPOSE: To hold a public hearing on an application submitted by Mr. and Mrs. Donald and <br />Donna Easterlin proposing a text amendment to the Unified Development Ordinance (UDO) <br />altering required setbacks for Class II Kennels developed within the Economic Development <br />Eno Higher Intensity (EDE -2) general use zoning district. <br />BACKGROUND: Mr. and Mrs. Easterlin (hereafter `the applicant') operate a Class II Kennel at <br />5908 US 70 East, the majority of which is zoned EDE -2. <br />Class II Kennels are a permitted use of property within the EDE -2 zoning district subject to the <br />issuance of a Class B Special Use Permit (hereafter `SUP') reviewed and acted upon by the <br />Orange County Board of Adjustment. The facility operates under a previous approved SUP <br />issued on March 10, 1986. <br />In 2006 the applicant was informed they had expanded their operation beyond what was <br />originally approved by the County in 1986. They were required to either eliminate the <br />unpermitted expansion or seek a modification of the existing SUP to allow the expansion, <br />specifically additional fenced in exercise yard /dog duns, to remain. <br />One of the Ordinance requirements enforced at the time the permit was approved, as well as in <br />2006 when staff informed the applicant there had been an unpermitted expansion, was a 150 <br />foot setback requirement for `buildings, structures, runway or riding arena in which animals are <br />housed or exercised' from all property lines. Staff had interpreted this language as including <br />dog runs /outdoor play areas as these are areas where these animals were `exercised'. <br />It should be noted in January of 2012 the BOCC adopted a UDO text amendment package <br />modifying and updating regulations governing the development of Class II Kennels. This <br />included modifications to the aforementioned setback language, now contained in Section 5.6.5 <br />(A) (2) of the UDO, reading as follows: ` No part of any building, structure, dog run, pen, or <br />