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February 16, 2004 Page 369 At 7:55 p.m., Chairman Freeman opened the public hearing on Petition C2004-01(T). The Public Hearing Notice was published in THE 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 situation 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 Commissioner 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 ORDAINED 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 permit this as a Conditional Use in the Agricultural Open, Countryside Residential, Office/Limited Commercial, General Commercial and Limited Industrial Zoning Districts. 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 distance 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 requirements. 2) The number of animals boarded outside or partially outside in the facility shall not exceed 25 animals. Those boarded entirely inside shall not 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 distance 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 - Ail outdoor lights must be shielded to direct 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 16tn 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/ Frankie F. Bonds Frankie F. Bonds, Clerk to the Board (G-3) Waiver Rec~uest of Penalties for Mainstay Suites and Slee~ Inn Joe Childress, Chief Financial Officer of David Drye Company, requested the waiver of penalties owed for the late filing of occupancy tax for Mainstay Suites ($298.95) and Sleep 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.