OCPB agenda 030514 - Laserfiche WebLink

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Planning Director’s Recommendation: The Planning Director recommends denial of the request based on the following: 1. 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, where Class II Kennels are allowed, throughout the County. 2. Permitted uses within the EDE-2 zoning district include: a. Offices, b. Retail (i.e. restaurants, retail sales, etc.), c. Financial offices/uses (i.e. bank, finance agency, credit agency, brokerage house, etc.) d. Government uses, e. Manufacturing, Assembly, and Processing operations, f. Services (i.e. assembly uses, barber/beauty shops, funeral home, health care, music/dance schools, day care, etc.) g. Wholesale trade operations. These uses have been deemed ‘permitted by right’ meaning they are reviewed and acted upon by staff through the review of a site plan. There are other uses, including Class II Kennels, allowed in the district where the County has determined they are required to go through a heightened level of permit review (i.e. a Special Use Permit process acted upon by either the Board of Adjustment or County Commissioners) to ensure the use is compatible with the surrounding area. These uses are required to adhere to additional development restrictions, including increased setbacks, to address potential impacts on adjacent properties in an effort to ensure there are no adverse impacts. While some of the allowable permitted uses may not be concerned over the proximity of a kennel operation to a common property line, some might. Staff is concerned this may limit the marketability of adjacent, undeveloped, properties. 3. Staff is concerned reducing the required setback to 25 feet will increase ‘complaints’ related to the operational characteristics of a kennel and its impacts on adjacent property development/redevelopment. 4. Staff is not convinced the 25 foot setback currently required for ‘permitted land uses’ within the EDE-2 general use zoning district will provide sufficient separation from a kennel operation and adjacent properties to ensure protection from ‘adverse impacts’ as required under Section 5.6.5 (A) (2) (a) of the UDO. If there is a recommendation to approve this item, staff would suggest the Board consider a revised version of the amendment contained in Attachment 3 of this abstract. Staff has taken the liberty of modifying the applicant’s proposal to make it consistent with existing UDO formatting and ensured the proposed standards are only applicable to Class II Kennels developed within the EDE-2 general use zoning district as proposed by the applicant. 89