HomeMy WebLinkAboutAgenda - 01-24-2012 - 5rORANGE COUNTY
BOARD OF COUNTY COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: January 24, 2012
Action Agenda
Item No. 5 - r
SUBJECT: Correction to Ordinance 2011-036 -Class II Kennels/Riding Stables
DEPARTMENT: Planning and Inspections PUBLIC HEARING: (Y/N) No
ATTACHMENT(S):
Corrected UDO Text Amendment
INFORMATION CONTACT:
Michael D. Harvey, Planner III, 245-2597
Craig Benedict, Director, 245-2575
PURPOSE: To adopt a revised Ordinance amending the UDO to correct a staff error.
BACKGROUND: On October 18, 2011 the BOCC adopted Ordinance # 2011-036, which
involved splitting the Class II Kennels/Riding Stables into separate land use categories. The
goal of the amendment was not to modify or alter existing review/approval processes, but to split.
the uses into separate categories to eliminate several identified contradictions.
While reviewing the adopted Ordinance, staff discovered an error associated with the review
and approval processes for a Class I Kennel operation.
A Class. I Kennel operation is ..allowed as a permitted .use of property. Within the. Table of
Permitted Uses (hereafter `the Table') of the UDO, such uses are denoted within an asterisk
(hereafter `*').
Within Section 3 of the adopted Ordinance, the letter `B' was incorrectly placed in the Table
detailing the various zoning districts where a Class I Kennel was allowed. The letter `B' within
the Table denotes a permitted use subject to the issuance of a Class B Special Use Permit
(hereafter `SUP'). As a result of the error, a Class I Kennel, which is supposed to be permitted
by right would now be required to obtain an SUP prior to commencing operations. This was not
the intent of the Ordinance nor was it advertised as a change.
Staff is seeking to correct this error by having the Board adopt a corrected Ordinance that will
continue to allow for a Class I Kennel to be a permitted use of property.
FINANCIAL IMPACT: The approval of this request will not create the need for additional
funding for the provision of County services.
RECOMMENDATION(S): The Manager recommends the Board adopt the corrected
Ordinance amending the UDO as detailed by staff.
Ord 2012-001 2
Ordinance#: 2011-036 Corrected
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, and
WHEREAS, staff discovered an error with the original Ordinance, specifically
Ordinance 2011-036 adopted on October 18, 2011, concerning the review and
processing of Class I Kennel operations, and
WHEREAS, this Ordinance addresses that error.
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
2-trikiethFOUgh or double underline= 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 ,
(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,
3
(14) Industrial, Light,
(15) Industrial, Medium,
(16) Industrial, Heavy,
(17) Junkyards,
(18) Landfills (less than 2 acres),
(19) Landfills (2 acres or more),
(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) Riding Stables
(27-8) Sawmills,
(299) Stockyards,
(2.930) Storage of Goods, Outdoor,
(301) Waste Management Facility; Hazardous & Toxic, and
(34-2) 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 **
Agricultural Uses RB AR R1 CC3 GC4 AS
I
Agricultural Service Uses
Commercial Feeder Operations
Farm Equipment &Sales
Feed, Seed, Storage, & Processing
Riding Stables B B B B B B
Commercial Uses RB AR R1 CC3 GC4 AS
Kennels , Class II , Ri'i�., Stables; B B B B B B
Section 3. 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 **
4
Commercial Uses RIB AR R1 CC3 GC4 AS
Miscellaneous Uses RB AR R1 CC3 GC4 AS
Historic Sites Non-residential/Mixed Use
Kennels, Class I
Section 4. 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 **
Agricultural Uses MPD-CZ MHP-CZ
Agricultural Service Uses
Commercial Feeder Operations
Farm Equipment &Sales
Feed, Seed, Storage, & Processing
Riding Stables
Commercial Uses MPD-CZ MHP-CZ
Kennels , Class II
Section 5. That Section 5.6 Standards for Commercial Uses be amended as follows:
5.6.5 Kennels or Riding Stables 1 n,....+,,.. ies 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:
5
(a) Plans for all kennels, barns, xercise yards, riding arenas, 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, dog run, pen, or exercise yardfupAivay
nr riding °For,°, 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 kennel, including 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, `"'hinh shat! innh de primary onnlne•Y Fe E; nr Funs.
(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 Cee1
DepartmentServices Department, and found in conformance with
Son+inn XI Y of the Animal Control Ordinance.
(f) Building plans for all kennel facilities shall be reviewed and approved by
t1a—Dire the 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 in Se°tinR 12 of +his
QFdiRa eewithin this Ordinance.
(h) A Class II Kennel
Permit shall be obtained from Orange County Animal Services, a Class
11 Kennel'—PCT'mit sh'I�tlbtained from the Dee rtmon+ of Animal
��urcrrrcn�or-i crmrrccr
GeaUe�-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.
5.6.6 Riding Stables 'A^ate'°mi°°
(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 barns, boarding facilities, exercise yards, riding arenas,
peas and related improvements, including signage.
6
(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 or riding stable/aceademy.
(b) No part of any building, structure, exercise yard, FURway 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
kennelfacility. These minimum distances shall not apply if all portions of the
facility, in wh i ch animals are h oused are wholly I enclosed within a building.
_(G) ARy k8RRGI whiGh is not wholly enGlosed within a building shall be eRGIGGed
by a seG iri, y fenve—at leac�Tfe•et OR height, Whinh shall y
ennlnsl res OF FURS.
(dc) The site plan shows parking, access areas and screening devices for
buildings, riding arenas, and aRimal boarding facilities.
1 e plan shallll bee TFeyiew GraRge eyny Rma +rnl
C �l�`'r' ed—�he
Department and feuRd in nnnferman C n YIY of the Animal Gnntrnl
(lrrdinanne
vraTrrcmcc.
(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
in Cen+inn 6.4 2 of thiswithin this Ordinance.
(h) Where Fequired by the Animal GGntrel Ordin-aprVe a 1-21-ass 11 KeRRel Permit sha4
be ebtaiRed from the DepakmeRt of Animal GeRtrnl within the first 30 days -ef
E)GG ipannv RailwFe to obtain anrd maintain a valid Class 11 Kennel Permit of-
ether r atay be required by the USDA er Wnilclrirfrn c
Resni ernes ('nmmissinn Ie411 result in reyer.atinn of the Cpnnial Use Permit
5.6.6-7 Bed and Breakfast
5.6.7-8 Bed and Breakfast Inn
5.6.1 -9 Country Inn
Section 6. That Article 10 Definitions be amended as follows:
Kennel (Class 1)
Aestablishment that main+ains,The keeping of more than five—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 property owner.
Kennel (Class 11)
7
An establishment involving animals of any species, excluding domesticated
livestock, engaged in any of the following:
a) The Gowning or keeping, for any purpose, 20 or more animals;
b) The Sselling and/or training 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 and 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 shall be allowed to reside on the property to ensure
the continuous care of the animals kept on-site.
Section 7. That this ordinance be placed in the book of published ordinances.
Section 8. This ordinance is effective upon its adoption.
Upon motion of Commissioner seconded by
Commissioner , the foregoing ordinance was adopted this
day of , 2012.
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 , 2012 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
, 2012.
SEAL
Clerk to the Board of Commissioners