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DRAFT February 16, 2004 Page 369 At 7:55 p.m., Chamrman Freeman opened the public hearing on Petition C2004- 01(T). The Public Hearing Notice was published ~n T~E CHARLOTTE OBSERVER (Cabarrus Neighbors) and THE INDEPENDENT TRIBUNE on February 5 and February 8, 2004 Herb Fisher, resident of 8200 County Line Road, Mt. Pleasant, spoke in support of the proposed amendment He commented on the problems associated with the kennel (Tailwaggers) located in his neighborhood, specifically 200 dogs barking at night. He stated the amendment would help to eliminate this type of s~tuat~on from occurring in the future. At his request, a number of community residents stood to show their support of the amendment. There was no one else present to address the Board, and Chairman Freeman closed the public hearing at 7.56 p.m. UPON MOTION of Commissioner Carpenter, seconded by Commissloner Privette and unanimously carried, the Board adopted the following ordinance. PETITION C04-01(ZT) Ordinance No. 2004-02 AN ORDINANCE AMENDING THE CABARRUS COUNTY ZONING ORDINANCE BE IT ORDAIN~D that the Cabarrus County Zoning Ordinance is hereby amended as follows: Proposed Text Amendment Remove Chapter 7 # 44 "Veterinarian/Animal Hospital/Commercial Kennel" as a Permitted by Standard use. Add to Chapter 8 a new section #29 for "Veterinarian/Animal Hospital/Commercial Kennel" to per,ut this as a Conditional Use ~n the Agricultural Open, Countryside Residentlal, Office/Limited Commercial, Oeneral Commercial and Limited Industrial Zoning Dlstricts. The standards for this use shall be the same as those currently included in Article 7, Permitted Based on Standards with the following changes and additions: 1) Siting - The minimum dlstance between the outer edge of any buildings or fenced area must be at least 300 feet from the parcel boundary of any residentially zoned or used properties. In addition, all animal enclosures must meet the same distance/buffer requlrements. 2) The number of animals boarded outside or partially outside in the facility shall not exceed 25 animals. Those boarded entirely inside shall n~t be counted as part of this limitation. 3) The primary use including all outside boarding areas shall meet the Level 2 buffer standards of Chapter 9 of this ordinance. 4) This use shall be required to be separated from educational institutions and places of worship by a distance of 1000 feet This dlstance shall be measured from the exterior property lines of the facility to the nearest property line of the educational institution or place of worship. 5) Lighting - All outdoor lights must be shielded to dlrect light and glare onto the facility's premises and may be of sufficient intensity to ensure security. Lighting and glare must be deflected, shaded and focused away from any adjoining residential or institutional property. Tables of Use in Chapter 3 shall be amended to reflect the change in permitted classification from Permitted by Standard to Conditional Use Adopted this the 16=h day of February, 2004 by the Cabarrus County Board of Commissioners /s/ Robert M. Freeman Robert M. Freeman, Chairman Board of County Commissioners ATTEST: /S/ Frankis F. Bqnds Frank,s F. Bonds, Clerk to the Board Waiver Request of Penalties for Mainstay Suites and Sleep Inn Joe Ch~ldress, Chief Financial Officer of David Drys Company, requested the waiver of penalties owed for the late filing of occupancy tax for Mainstay Sultes ($298.95) and Slemp Inn ($478.65) for November 2003. He stated the error occurred as a result of a computer software problem and the fact that the person responsible for processing these payments was out on medical leave.