2013_1021_packet - Laserfiche WebLink

Home

14 3.0 BACKGROUND 15 3.1 The subject property, located in Planning District 16, has a Comprehensive Plan Land 16 Use Designation of Community Business (CB) and a corresponding zoning classification 17 Community Business (CB) District. 18 3.2 In the CB zoning district, animal day care and boarding facilities are permitted uses if 19 they're conducted entirely within a building. Such facilities that have an outdoor 20 component, such as an exercise area, can be approved as a conditional use if the fence 21 surrounding the outdoor area is not more than 6 feet tall and if outdoor component is not 22 less than 100 feet from a "residentially zoned property or property in residential use." 23 Because some dogs can leap over 6 -foot fences and because the present proposal includes 24 an outdoor area less than 100 feet from that property in residential use, the zoning code 25 would prohibit the facility. 26 3.3 The property abutting the west side of the subject property shares the CB zoning 27 designation, but it is a legal, nonconforming one - family residence; therefore, it is a 28 "property in residential use." Because the present proposal includes an outdoor area less 29 than 100 feet from that property in residential use, the zoning code would prohibit the 30 facility. The proposed site plan is included with this report as Attachment C. The present 31 proposal seeks approval of a ZONING TEXT CHANGE to modify certain fence height 32 limitations as well as the 100 -foot restriction established in City Code § 1009.02D 33 (Specific Standards and Criteria for Conditional Uses) to allow. In this case, the owner - 34 occupant of the one residential property within 100 feet of the proposed outdoor area 35 supports the application. 36 3.4 If the City Council supports such a ZONING TEXT CHANGE, the application also includes a 37 request for approval of the overall proposal as a CONDITIONAL USE, pursuant to the revised 38 standards. 39 4.0 REVIEW OF ZONING TEXT CHANGE 40 The proposed ZONING TEXT CHANGES are shown in a draft ordinance, included with this 41 report as Attachment F; proposed insertions will be represented in bold text, and 42 proposed deletions will be shown in text. A brief discussion of the proposed 43 changes can be found in the paragraphs below. 44 4.1 City Code § 1005.03 (Table of Allowed Uses) and § 1009.02D combine to allow an animal 45 boarding and day care facility with an outdoor component as a conditional use in the CB 46 zoning district so long as the screening fence surrounding the outdoor area is not more 47 than 6 feet tall and the outdoor area is at least 100 feet from a residential property. The 48 proposed amendment would allow an animal day care /boarding facility to include an 49 outdoor component within 100 feet of a residential property if all residential property 50 owners within the 100 -foot radius support the application. The proposed amendment 51 would also eliminate the 6 -foot height limit, which seems to have been established more 52 to strike a residential aesthetic despite conflicting with § 1011.03B (Buffer Area 53 Screening), requiring taller fences for greater screening /buffering between commercial 54 and residential properties. 55 4.2 The general review of fence regulations in connection with the present application, 56 § 1011.08B (Residential Fences) was found to contain a reference that also conflicts with 57 § 1011.03B, referenced above, but that has been found to be out of place. Specifically, the PF 13 -015-RCA- 102113. doc Page 2 of 6