Agenda - 02-24-2014 - C3 - Laserfiche WebLink

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M exercise yard in which animals are housed or exercised shall be closer than 150 feet from a property line, except property occupied by the owner /operator of the kennel'. This new language incorporated previous staff interpretations as to what, exactly, had to meet the 150 foot setback. As previously indicated the applicant expanded their existing kennel facility and were required to seek a modification of their existing SUP to allow for the expansion to remain. Unfortunately the expanded exercise area is located within required setbacks, as interpreted and enforced in 2006 and as now contained within Section 5.6.5 (A) (2) of the UDO. The applicant is seeking to reduce required setbacks for Class II Kennels, developed within the EDE -2 zoning district only, to 25 feet. This is the existing, typical, required setback for structures developed within the district. Approval of this amendment will not eliminate the requirement for the applicant to modify their existing SUP. Approval of the text amendment will, however, reduce the required setback they have to observe. Attachment 1 provides the applicant's recommended language. Staff Analysis: Per Section 2.8.5 of the UDO the Planning Director shall analyze the application and prepare a recommendation for consideration by the Planning Board and the BOCC. In reviewing this application, the Planning Director would like to offer the following comment(s): 1. The application has been deemed complete per Section 2.8.3 of the UDO. 2. If approved, the text amendment will only impact Class II Kennels developed within the EDE -2 zoning district. It will not be applied in other general use zoning districts. 3. Impacts generated by a kennel operation are universal and are not mitigated just because said operation is located within a non - residential general use zoning district. The question here is what constitutes an appropriate setback for a kennel in an effort to address potential impacts on adjacent property. 4. There is nothing inherently significant about the EDE -2 general use zoning district mandating kennel operations be allowed to observe a `different' setback requirement from other non - residential general use zoning districts throughout the County. 5. Staff believes reducing the proximity for outdoor exercise areas, or buildings housing kennel operations, may limit the marketability /development potential of adjacent property as concerns over noise /odors will be more prevalent. For additional information please refer to Attachment 2. Notification Procedural Requirements: Legal ads for the public hearing were placed in a newspaper of general circulation in the County in accordance with Section 2.8.7 of the UDO. FINANCIAL IMPACT: This request has been reviewed by County departments who have determined that the approval or denial of the request would not create the need for additional funding for the provision of County services. RECOMMENDATION(S): The Planning Director recommends the Board: 1. Receive the proposed amendments to the UDO as detailed in this abstract and attachments.