HomeMy WebLinkAboutAgenda - 08-22-2011 - C211
ORANGE COUNTY
BOARD OF COMMISSIONERS AND
PLANNING BOARD
QUARTERLY PUBLIC HEARING
ACTION AGENDA ITEM ABSTRACT
Meeting Date: August 23,2011
Action Agenda
Item No. C.2
SUBJECT: Unified Development Ordinance Text Amendment -Separate the
Kennels/Riding Stables Land Use Category in Permitted Use Table and Standards Article
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (YIN) Yes
ATTACHMENT(S):
INFORMATION CONTACT:
Land Use and Unified Development Michael D. Harvey, Planner III 245-2597
Ordinance (UDO) Amendment Outline Craig Benedict, Director 245-2575
Form (UDO Zoning 2011-004)
2. Draft UDO Amendment
PURPOSE: To hold a public hearing and receive comment on a Planning Director initiated
amendment to the Unified Development Ordinance (UDO) splitting the existing Kennels (Class
II)/Riding Stables land use category.
BACKGROUND: Please see Attachment One
Procedural Information and Analysis: Please refer to Attachment(s) One and Two.
Notification Procedural Requirements: In accordance with Section 2.8.7 of the UDO, legal ads
for the public hearing were placed in two newspapers of general circulation in the County for two
successive weeks.
FINANCIAL IMPACT: Please see Attachment One.
RECOMMENDATION(S): The Planning Director recommends the Board:
1. Receive the UDO text amendment request,
2. Conduct the Public Hearing and accept public comment(s) on the petition,
3. Refer the matter to the Planning Board with a request that a recommendation be returned
to the Board of County Commissioners in time for the October 18, 2011 BOCC regular
meeting, and
4. Adjourn the public hearing until October 18, 2011 in order to receive the Planning
Board's recommendation and any submitted written comments.
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ATTACHMENT 1
LAND USE AND UNIFIED DEVELOPMENT ORDINANCE (UDO)
AMENDMENT OUTLINE
UDO/ZONING 2011-04
A. AMENDMENT TOPIC -VARIOUS CATEGORIES
1. Land Use and/or Zoning (Map and/or Text)
1.a Land Use Text
1.b Land Use Map From:
2.
3.
T~
1.c UDO Text Section(s) 5.1.4 Conditional Use Exclusions; 5.2.1, 5.2.2, 5.2.3
Table of Permitted Uses Section 5.6.5 Kennels and Riding Stables /
Academies and Article 10 Definitions of the Unified Development
Ordinance (UDO).
1.d Zoning Map From: To:
UDO Development Standards
UDO Development Approval Processes
B. RATIONALE
• Purpose/Mission
In accordance with the provisions of Section 2.8 Zoning Atlas and Unified
Development Ordinance Amendments of the UDO, the Planning Director has initiated
a text amendment to split the Kennel (Class II)/Riding Stables land use category into
separate uses.
Currently, Kennels (Class II)/Riding Stables are permitted within the following zoning
districts subject to the review and approval of a Class B Special Use Permit application:
• Rural Buffer (RB)
• Agricultural Residential (AR)
• Rural Residential (R-1)
• Community Commercial (CC-3)
• General Commercial (GC-4)
• Agricultural Services (AS)
• Economic Development Buckhorn Higher Intensity (EDB-2) (Kennel Class II Only),
and
• Economic Development Eno Higher Intensity (EDE-2) (Kennel Class II only)
This text amendment is being proposed to eliminate existing contradictions identified
as part of the UDO development process (Phase I) concerning the development of a
kennel or a riding stable. This amendment will also allow staff to begin the process of
completing a comprehensive assessment of existing regulatory requirements
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Page 1 of 3
14
associated within each independent use as detailed within the UDO Implementation
Bridge report.
• Comprehensive Plan Linkage (i.e. Principles. Goals and Obiectivesl
No direct linkage to the Principles, Goals, and Objectives of the Comprehensive Plan.
This amendment is proposed in order to engage in "good housekeeping" by
eliminating a previously identified problem/contradiction within the Ordinance.
• New State Statutes and Rules
Not Applicable
C. PROCESS
C.1 TIMEFRAME/MILESTONES/DEADLINES
a. Quarterly Public Hearing date
August 22, 2011
b. BOCC updates/checkpoints
June 21, 2011- BOCC approval to proceed
October 18, 2011- BOCC decision
C.2 PUBLIC INVOLVEMENT PROGRAM
Mission/Scope _ Public Hearine process consistent with NC State Statutes and
Oranee County ordinance reauirements.
a. Planning Board Review
August 3, 2011 Briefing -note the briefing did not occur as the August
regular meeting was cancelled.
September 7, 2011 (for recommendation)
b. Advisory Board Input
N/A
c. Local Government Invitation
N/A
d. Outreach
d.1 General Public
Public Hearing process consistent with NC State Statutes and Orange
County ordinance requirements
d.2 Small Area Plan Workgroup
Page 2 of 3
15
N/A
C.3 FISCAL IMPACT
Consideration and approval will not create the need for additional funding
for the provision of County services. Costs for the required legal
advertisement will be paid from FY2011-12 Departmental funds budgeted
for this purpose. Existing Planning staff included in the Departmental
staffing budget will accomplish the work required to process this
amendment.
®. AMENDMENT IMPLICATIONS
Analysis : As required under Section 2.8.5 of the UDO, staff recommends approval of the
proposed amendment. The need for the amendment was demonstrated during the review and
approval process of the UDO and was identified within the Implementation Bridge report as
being necessary.
These land use categories are not necessarily similar in scope to warrant being combined and
existing regulations are not sufficiently interchangeable to address development issues for
either activity.
Further, approval of this amendment will allow for a comprehensive re-assessment of the
submittal/review requirements as well as the review processes for each use.
Staff has reviewed the proposal with staff. of Orange County Animal Services, who.
recommended the following:
1. Change existing references within the UDO from 'Animal Control Department' to `Animal
Services Department' as this is the official name,
2. Eliminate the need for Animal Services to issue a permit for horse boarding or training
operations as the Department has no regulations or enforcement guidelines for this type
of activity,
3. Modify existing definitions so that there is similarity between the UDO and Animal Services
definitions for Kennel, Class I and Class II.
E. SPECIFIC AMENDMENT LANGUAGE
Please refer to Attachment Two
Page 3 of 3
16
Ordinance #: 1 7
Attachment 2
AN ORDINANCE AMENDING
THE UNIFIED DEVELOPMENT ORDINANCE OF ORANGE COUNTY
WHEREAS, there is a need to review and, as necessary, revise existing land use
regulations over time, and
WHEREAS, the Orange County Planning Director is authorized to initiate text
amendments, and
WHEREAS, there is a concern over the combination of dog kennels/boarding
facilities and riding stables into a single land use category, and
WHEREAS, the amendment is necessary to allow for a comprehensive re-
assessment of existing development standards for both land uses, and
WHEREAS, the County has held the .required public hearing and has found the
proposed text amendment is consistent with the adopted Comprehensive Plan.
BE IT ORDAINED by the Board of Commissioners of Orange County that the Unified
Development Ordinance (UDO) of Orange County is hereby amended as follows:
RED =Proposed Text
cC+rvc„netr~irrv~# =Deleted Text
Section 1. That Section 5.1.4(E) -Conditional Uses Exclusions be amended as
follows:
(E) Exclusions:
The following uses shall not be considered or approved as a Conditional Use
District:
(1) Airports, General Aviation, Heliports, S.T.O.L,
(2) Bus Terminals & Garages,
(3) Class II Kennels es,
(4) Commercial Feeder Operation,
(5) Crematoria,
(6) Drive-In Theaters,
(7) Extraction of Earth Products,
(8) Farm Equipment & Sales,
(9) Feed, Seed, Storage & Processing,
(10) Funeral Homes,
(11) Health Services: Over 10,000 square feet,
(12) Hospitals,
(13) Hotels & Motels,
(14) Industrial, Light,
(15) Industrial, Medium,
(16) Industrial, Heavy,
(17) Junkyards,
(18) Landfills (less than 2 acres),
(19) Landfills (2 acres or more),
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(20) Military Installations (National Guard & Reserve Armory),
(21) Motor Freight Terminals,
(22) Motor Vehicle Maintenance & Repair (Body Shop),
(23) Motor Vehicle Repair Garage,
(24) Petroleum Products: Storage & Distribution,
(25) Research Facility,
(26) Residential Hotel (Fraternities, Sororities, and Dormitories),
(27) Ridinq Stables
(2~8) Sawmills,
(2~9) Stockyards,
(2930) Storage of Goods, Outdoor,
(391) Waste Management Facility; Hazardous & Toxic, and
(3~-2) Wholesale Sales.
Section 2. That Section 5.2.1 Table of Permitted Uses -- General Use Zoning Districts
be amended as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment **
Commercial Uses RB AR R1 CC3 GC4 AS
Kennels ,Class II /~ B B B B B B
Ridinq Stables B B B B B B
Section 3. That Section 5.2.3 Table of Permitted Uses -Conditional Uses be amended
as follows:
** Staff Note: Only those districts where the use is allowed are denoted. Other districts
where the use is not permitted are not denoted within this amendment **
Commercial Uses MPD-CZ MHP-CZ
Kennels ,Class II ~ °~~'~^^ ~*~h~~°
Ridinq Stables
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Section 4, That Section 5.6 Standards for Commercial Uses be amended as follows:
5.6.5'°^^°'c ^~ °~~'~^^ c+°~'°° "`^°~'°~^~°c Kennels (Class II)
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements -
In addition to the information required by Section 2.7, the following
information shall be supplied as part of the application for approval of this
use:
(a) Plans for all kennels, ~s~xercise yards, r~.~c^^ ~r°^°°, doq runs,
pens and related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures
on the same lot, and structures on adjacent property.
(2) Standards of Evaluation -
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the kennel
(b) No part of any building, structure, doq run, pen, or exercise yard r-u~way
eF-ri~'~~-a,~, 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. These minimum distances shall not apply
if all portions of the facility, in which animals are housed, are wholly
enclosed within a building.
(c) Any kennelLincludinq primary enclosures or runs, which is not wholly
enclosed within a building shall be enclosed by a security fence at least
six feet in height,
(d) The site plan shows parking, access areas and screening devices for all
buildings and animal boarding facilities existing or proposed for the
rp operty.
(e) The site plan shall be reviewed by the Orange County Animal Sea#el
Services Department, and found in conformance with
Seetier~X+~sf-the Animal Control Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
+h~„~-D.~e Orange County Animal Services
Department prior to issuance of any building permits.
(g) A sign clearly visible from the ground shall be posted at the main
entrance to the facility and shall contain the names, addresses, and
telephone numbers where persons responsible for the facility may be
contacted at any hour of the day or night. The sign shall comply with
dimensional requirements as set forth~Sesfiee---6.''~-o~-##is
9fd~aasewithin this Ordinance.
(h) A Class II Kennel
Permit shall be obtained from Orange County Animal Services, a-Blass
II Llonnol D ~+ ~# II ho nh+~~,,~,~nrr+ ~ flonr+r+mon+ of minim^I
r~--rccrrrrcrr-e~r~-c-.~ urrv~-vu vnr
Ser+tr~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 or Wildlife Resources Commission will
result in revocation of the Special Use Permit.
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5.6.6 Riding Stables'^^~~'°^~~°~
(A) Standards for Class B Special Use Permit
(1) Submittal Requirements -
In addition to the information required by Section 2.7, the following information
shall be supplied as part of the application for approval of this use:
(a) Plans for all '-°,~,~;~barns, boarding facilities. exercise yards, riding arenas,
~s--and related improvements, including signage.
(b) Site plan showing the improvements listed in a) above, other structures on
the same lot, and structures on adjacent property.
(2) Standards of Evaluation -
(a) The site is of adequate size to protect adjacent properties from adverse
effects of the ~°,~,~l-oTriding stable'°^~.
(b) No part of any building, structure, exercise yard, r~nFay or riding arena, 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
IEer~elfacility. These minimum distances shall not apply if all portions of the
facility, in which animals are housed, are wholly enclosed within a building.
°nnh~~ ~r°c• ~r r~ m~
v I V V W 1 V V -pl T G777J:
(dc) The site plan shows parking, access areas and screening devices for
buildings, riding arenas. and air-gal boarding facilities.
i-Ft" rvm~unce=yYttt1-d °f •+cccivi"'r7X~X~-ttF
~~'.
(gd) A sign clearly visible from the ground shall be posted at the main entrance to
the facility and shall contain the names, addresses, and telephone numbers
where persons responsible for the facility may be contacted at any hour of the
day or night. The sign shall comply with dimensional requirements as set forth
ir, C°n+i~n (.: '~ 7 r,f +hic~Within this Ordinance.
5.6.7 Bed and Breakfast
5.6.E-8 Bed and Breakfast Inn
5.6.9 Country tnn
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Section 5. That Article 10 Definitions be amended as follows:
Kennel (Class I)
e., o +„hi~ h.,,en+ +h~.+ .,.,..;~+.,;.,cThe keeping of more than #ive-six but less
than 20 animals of any species, excluding domesticated livestock, on a
parcel of property for the purpose of showing, competition,- hunting, or
sport. All animals shall be owned by the propertv owner.
A_ Kennel (Class I) can be considered a customary accessory use to a
residential land use.
Kennel (Class II)
An establishment involving animals of any species, excluding
domesticated livestock, engaged in any of the following:
a) The 8owning or keeping, for any purpose, of 20 or more animals;
b) The Sselling and/or training of guard dogs or security dogs;
c) The keeping of more than five animals at any given time for the purpose
of breeding, boarding, or rehabilitation.
The operator of a Kennel (Class II) shall be allowed to reside on the
property to ensure the continuous care of the animals kept on-site.
Riding Stable
A commercial facility where horses are sheltered, fed, groomed, boarded,
trained, ridden, or a~ bred. Typical accessory uses may include riding
instruction, horse shows and auctions, a tack shop, and storage of feed
and supplies.
The operator of a Riding Stable/Academy shall be allowed to reside on the
propertv to ensure the continuous care of the animals kept on-site.
Section 6. That this ordinance be placed in the book of published ordinances.
Section 7. This ordinance is effective upon its adoption.
Upon motion of Commissioner
Commissioner
day of
seconded by
_, the foregoing ordinance was adopted this
2011.
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I, Donna S. Baker, Clerk to the Board of Commissioners for Orange County, DO
HEREBY CERTIFY that the foregoing is a true copy of so much of the proceedings of
said Board at a meeting held on
2011 as relates in any
way to the adoption of the foregoing and that said proceedings are recorded in the
minutes of the said Board.
WITNESS my hand and the seal of said County, this day of
2011.
SEAL
Clerk to the Board of Commissioners