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y TO: James E. Chandler County Administrator D ON HEAD CONCURRENCE: obert M. Keating, P / Community Develo ent D' / r THROUGH: Stan Boling, AICP Planning Director FROM: Eric Blade Staff Planner, Current Development DATE: March 18, 1998 SUBJECT: Appeal By Mr. & Mrs. Riddle of the Planning and Zoning Commission's Denial of an Administrative Permit Application for a Non -Commercial Kennel It is requested that the data herein presented be given formal consideration by the Board of County Commissioners at its regular meeting of March 24, 1998. BACKGROUND AND CONDITIONS: At its regular meeting of February 26,1998, by a vote of 5-0, the Planning and Zoning Commission denied an administrative permit request submitted by the Riddles for a non-commercial kennel at 7970 79' court. The Riddles applied for approval as a result of code enforcement action, in an attempt to legalize an existing, unpermitted non-commercial kennel. The kennel consists of outdoor pens and cages for pigs, rabbits, and dogs. Via the administrative permit process, the Planning and Zoning Commission was authorized to consider the impact of the proposed project on surrounding properties. It was the Planning and Zoning Commission's determination, after much discussion, that the subject property was of insufficient size to adequately mitigate the impact of a non-commercial kennel upon surrounding properties. The Riddles have appealed the Planning and Zoning Commission's denial. The Board of County Commissioners is now to consider the appeal and either uphold the Planning and Zoning Commission's decision or overturn that decision in part or in whole. •Site Plan Review and Decision In accordance with the specific land use criteria of LDR section 971.04 and 971.08(8) (see attachment #5), the subject site plan application was processed as an administrative approval site plan requiring administrative permit approval by the Planning and Zoning Commission. Staffs report to the Planning and Zoning Commission (see attachment #3) noted that the minimum standards set forth by specific land use criteria for a non-commercial kennel had been satisfied by the site plan. Staffs recommendation to the Planning and Zoning Commission included a condition that potbelly pigs not be allowed outdoors, as proposed, since keeping such animals outside would constitute the keeping of livestock (which is prohibited in residential areas) rather than the keeping of household pets (see attachment #7). It is the intent of the specific land use criteria governing administrative permits that certain activities, such as non-commercial kennels, may be allowed if the scale and nature of the activity would not generally have an adverse impact on surrounding properties. During its presentation of the proposal to the Planning and Zoning Commission, staff noted that the size of the subject site is only .3 of an acre and is surrounded by parcels of equal or smaller size. Staff noted that two previously approved non-commercial kennels within an 1/8 of a mile of the subject site were approved on parcels 5 acres in size. Use of such large parcels lessened the impact of those non-commercial kennels. Even though the specific land use criteria for non-commercial kennels do not specifically stipulate a minimum parcel size, the Planning and Zoning Commission took issue with the potential number of animals and small size of the lot and the proximity of the proposed kennel pens to surrounding properties. In attendance at the Planning and Zoning Commission meeting were several surrounding property owners that voiced their opposition to the kennel based on the noise of the dogs and smell of the potbelly pigs. Based upon the reported nuisances and small size of the site, the Planning and Zoning Commission denied the request. Following the Planning and Zoning Commission's vote to deny the Riddle's request for a non-commercial kennel, the Commission directed planning staff to research a change to the LDRs to specifically define a minimum parcel size in relation to the number of animals allowed. MARCH 24, 1998