Agenda - 04-15-2014 - 5b - Laserfiche WebLink

Browse Search

38 215 Michael Harvey: Technically the LIDO doesn't require it but animal services will mandate the animals have to be kept 216 inside in the evening. This ordinance does require an applicant get the appropriate Class 2 permit from Animal 217 Services in order to operate the kennel. 218 219 Lisa Stuckey: There is not another zoning that would be more appropriate that would have smaller setback. 220 221 Michael Harvey: The setback is related to the kennel. We looked at conditional use but we have language in the 222 LIDO that states once we have adopted a development standard i.e.a setback),it has to be observed. 223 224 Johnny Randall: Is the six-foot high chain link fence required? 225 226 Michael Harvey: Yes. If they want to suggest alternative fencing,we could discuss it. This is a dual review process. 227 Orange County Planning and the Board of Adjustment are reviewing it. 228 229 Tony Blake: What other General Use Zoning District designations could this possibly effect. 230 231 Michael Harvey: None. There could be an extensive reinvestigation of the viability of 150-foot setback in other non- 232 residential zoning districts. This only impacts all the property-zoned EDE-2. 233 234 James Lea: Wouldn't it also impact all Class 2 kennels? 235 236 Michael Harvey: They would have to come back to the Board of Adjustment and amend their existing approved site 237 plan to take advantage of the reduction if it were approved. 238 239 Michael Brough: Regarding that last questions, kennels are permissible in a number of different district but this was 240 limited to the EDE-2 district and further limited to properties that are zoned EDE-2 district. Let me address the 241 general as opposed to the specific. I concur with what Craig has said but in this situation it does that, is there any 242 why you have property that is zoned to a district that allows a 25 foot setback for some of these intensive uses, how 243 does it make sense this use requires a 150 foot setback. What is the point of a 150-foot setback? The main part of 244 our argument is that it doesn't make sense to have a 150-foot setback for a kennel use when it is in an EDE-2 district 245 adjoining property that is zoned for intensive use. This is a policy that is of general applicability to the circumstances 246 we have made it apply to. Does this ordinance make sense in the context in which it applies? We would submit it 247 does not. The ordinance is designed to serve public interest and there is not a public interest in this. 248 249 Lisa Stuckey: The 150-foot setback would apply to all Class 2 kennels in the County? 250 251 Michael Harvey: Yes. 252 253 Craig Benedict: What are some of the adverse impacts that come forward for special use permits. The four general 254 categories are noise,dust, vibration and odor. When things are enclosed in a building, most of the impacts go away. 255 These are what you need a wider type of buffer for, It has been determined that 25 feet because of the noise factor 256 was not a distance that would protect those adverse impacts from imparting upon adjacent property. 257 258 Perdita Holtz: May I add one thing to provide clarification. Even if you are a manufacturing facility and theoretically 259 can locate 25 feet away, there are other standards in the UDO that you have to comply with if you do make dust or 260 noise or vibration so you may be able to go to the minimum setback if you are a pretty benign manufacturing 261 operation but you may be required to locate further away so those impacts of noise, vibration, dust, or odor do not 262 cross the property line. There are standards in the LIDO that other uses have to comply with that may require that 263 they move further away from the property lines than the minimum setback requires. 264 265 Michael Brough: That gets down to the final question. There have not been any complaints since 2005. You are 266 dealing with a theoretical concern. These folks have a real problem that you can solve. 267 5