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Approved 6/13/2011 OC Board of Adjustment – 3/14/11 Page 39 of 59 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 required, will have to be issued by DOT. Staff has made an affirmative finding also based on the fire department’s and sheriff’s department testimony as contained within the packet. Are there any questions? Beginning on page 142, this gets to the specific standards for the kennel operation as detailed within Section 8.8.11. First that the plans for all kennels, barns, exercise yards, riding arenas, pens and related improvement, including signage. The submitted site plan contains all the required information. The site plan showing the improvements listed in the above are the structures on the same lot, yes it does. The site is of adequate size to protect adjacent properties from adverse effects of the kennel or riding stable or academy. Staff has made an affirmative finding. Section 8.8.11.2, no part of any building, structure, runway or riding arena, in which animals are housed shall be closer than 150 feet from the property line. The site plan provides documentation and evidence that it meets this requirement. Any kennel which is not wholly enclosed within a building shall be enclosed by a security fence at least 6 feet in height. The site plan states it will be 6 foot high fence enclosing the outdoor runs. The site plan show parking, access areas and screening devices for buildings and animal boarding facilities. The site plan does contain that information. The site plan shall be reviewed by the Orange County Animal Control Department and found in conformance. The Animal Control will not issue their approval without seeing the building permit application and floor plan so we would recommend a condition. This is consistent with other kennel operations because they need not only an approved site plan but they need to have building plans submitted to the building inspections department and ascertained that it meets building code before they issue an approval. Part of that is so they don’t’ take Mr. West’s money upfront and then have to deny it because the building inspections department might deny it or staff might deny it. Larry Wright: On the Orange County Animal Control, aren’t there related permits, I think from the USDA as codified in 8.8.11.2c and 8.8.11.3 of the Zoning Ordinance, where the USDA also has to have an additional permit? Michael Harvey: It does say which may be required by the USDA or Wildlife Resources Commission. Where required by the Animal Control Ordinance that a Class II permit shall be obtained by the Department of Animal Control within the first 30 days of occupancy. Failure to obtain and maintain a valid Class II kennel Permit or other related permits which may be required by the USDA. This actually doesn’t require us to submit anything but requires Mr. West to get any and all necessary permits and that is part of the condition. Larry Wright: That would be the Animal Control would then …. Okay. Michael Harvey: That is one of the conditions, he has to get it because he has to build it then get the occupancy. That is why we recommended that condition. Larry Wright: The USDA is on that, their standards? Michael Harvey: If he has to get the permit, yes. Beginning on page 144, the applicant has indicated where signs can go. We are recommending a condition that full rendering be provided. Larry, I think this is your exact question on page 144, Section 8.8.11.3. It is written that the applicant indicated that they will get this; this is an approval, a condition of approval that he gets all necessary permits. If USDA or Wildlife Resources Commission applies then he has to get them too. Any questions? On page 145, There are the 3 (three) findings and staff is not obligated and cannot make recommendations for because they are directly based on the testimony that has been submitted. Specifically, that the use will maintain or promote the public health, safety and general welfare. That the use will maintain or enhance the value of contiguous property. The location and character of the use, if developed according to the plan submitted, will be in harmony with the area in which it is to be located and the use is in compliance with the general plan for the physical development of the County as embodied in the Comprehensive Plan. You will make those findings