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Approved 4/2/14 7 Lisa Stuckey: There is not another zoning that would be more appropriate that would have smaller setback. 323 324 Michael Harvey: The setback is related to the kennel. We looked at conditional use but we have language in the 325 UDO that states once we have adopted a development standard (i.e. a setback), it has to be observed. 326 327 Johnny Randall: Is the six-foot high chain link fence required? 328 329 Michael Harvey: Yes. If they want to suggest alternative fencing, we could discuss it. This is a dual review process. 330 Orange County Planning and the Board of Adjustment are reviewing it. 331 332 Tony Blake: What other General Use Zoning District designations could this possibly effect. 333 334 Michael Harvey: None. There could be an extensive reinvestigation of the viability of 150-foot setback in other non-335 residential zoning districts. This only impacts all the property-zoned EDE-2. 336 337 James Lea: Wouldn’t it also impact all Class 2 kennels? 338 339 Michael Harvey: They would have to come back to the Board of Adjustment and amend their existing approved site 340 plan to take advantage of the reduction if it were approved. 341 342 Michael Brough: Regarding that last questions, kennels are permissible in a number of different district but this was 343 limited to the EDE-2 district and further limited to properties that are zoned EDE-2 district. Let me address the 344 general as opposed to the specific. I concur with what Craig has said but in this situation it does that, is there any 345 why you have property that is zoned to a district that allows a 25 foot setback for some of these intensive uses, how 346 does it make sense this use requires a 150 foot setback. What is the point of a 150-foot setback? The main part of 347 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 348 adjoining property that is zoned for intensive use. This is a policy that is of general applicability to the circumstances 349 we have made it apply to. Does this ordinance make sense in the context in which it applies? We would submit it 350 does not. The ordinance is designed to serve public interest and there is not a public interest in this. 351 352 Lisa Stuckey: The 150-foot setback would apply to all Class 2 kennels in the County? 353 354 Michael Harvey: Yes. 355 356 Craig Benedict: What are some of the adverse impacts that come forward for special use permits. The four general 357 categories are noise, dust, vibration and odor. When things are enclosed in a building, most of the impacts go away. 358 These are what you need a wider type of buffer for. It has been determined that 25 feet because of the noise factor 359 was not a distance that would protect those adverse impacts from imparting upon adjacent property. 360 361 Perdita Holtz: May I add one thing to provide clarification. Even if you are a manufacturing facility and theoretically 362 can locate 25 feet away, there are other standards in the UDO that you have to comply with if you do make dust or 363 noise or vibration so you may be able to go to the minimum setback if you are a pretty benign manufacturing 364 operation but you may be required to locate further away so those impacts of noise, vibration, dust, or odor do not 365 cross the property line. There are standards in the UDO that other uses have to comply with that may require that 366 they move further away from the property lines than the minimum setback requires. 367 368 Michael Brough: That gets down to the final question. There have not been any complaints since 2005. You are 369 dealing with a theoretical concern. These folks have a real problem that you can solve. 370 371 Andrea Rohrbacher: Even though Mr. Brough has stated there have been no complaints on this property, I know of 372 another property in Orange County, in the Town of Carrboro, where there is a compliant because there is less than 373 150 foot distance. 374 375 Johnny Randall: Just because there are no complaints, we don’t know why. 376