TO: Mayor and Members of City Council
THRU: Kelly Strickland - Assistant City Manager
Dr. Gerald Newton, AICP - Development Services Director
FROM: Craig Harmon, CZO - Senior Planner
DATE: May 27, 2025
RE:
Title
SUP25-05 - Special Use Permit (SUP) to allow for the reduction in the separation requirement between Animal Care Uses and adjoining property lines, located at 4417 RAMSEYST (REID # 0439598207000) and being the property, RIDDLE PROPERTIES LLC.
end
COUNCIL DISTRICT(S):
Council District(s)
1 - Jensen
b
Relationship To Strategic Plan:
Goal III: City Investment in Today and Tomorrow
Objective 3.2: To manage the City’s future growth and strategic land use
Executive Summary:
City Council is asked to hold an Evidentiary Hearing to determine whether a Special Use Permit (SUP) should be approved or denied. If approved, the SUP will reduce the 75-foot separation requirement between an Animal Care use located at 4417 Ramsey Street and adjoining lot lines to approximately 23 feet.
During an Evidentiary Hearing, the burden of demonstrating that an application complies with applicable review and approval standards of this Ordinance is on the applicant, which shall be demonstrated by competent, material, and substantial evidence. The burden is not on the City or other parties to show that the standards have not been met by the applicant.
Background:
The property in question is the former location of Cape Fear Drug, which was built around 2008 or 2009 according to the Cumberland County GIS. According to the Hounds Town USA website, it was founded in 2000 by former NYPD and Nassau County Police canine handler Michael S. Gould to offer an affordable and refreshingly straightforward approach to pet care with no hidden fees or extra charges for add-on services.
The Applicant is requesting a reduction in the 75-foot separation standards between an Animal Care use and an adjoining lot line. The Applicant’s request would reduce the separation down to approximately 23 feet.
In the City’s Unified Development Ordinance, an Animal Care use (Kennel) is defined as an establishment as a facility where dogs, cats, or other domestic animals over six months of age are kept, raised, sold, boarded, bred, shown, treated, or groomed.
Owner: Riddle Properties LLC
Applicant: Jake Henning, Hounds Town
Requested Action: SUP - Reduction in separation between uses.
Property Address: 4417 Ramsey St
Council District: 1 - Jensen
Status of Property: CC - Community Commercial
Size: Approximately 0.93 acres of 2.33 acres
Adjoining Land Use & Zoning:
• North - CC: Zaxbys
• South - CC: Ramsey Commons
• West - CC: Bobby Taylor Oil Company
• East - SF-10: Single-family Detached
Letters Mailed: 53
2022 Annual Average Daily Traffic: Cumberland Road - 31,000
Land Use Plans:
Following the adoption of the 2040 Comprehensive Plan: Future Land Use Map & Plan on May 26, 2020, all properties within the city limits, as well as those in the Municipal Influence Area, are subject to its guidelines. The Plan recommends that this part of the city be developed as Community Center - CC, which primarily includes Large non-residential space that extends vertically 3-5 stories, with high density residential and multi-family mixed in.
Additional Reviews:
A Technical Review Committee examination was conducted as part of the Special Use Permit process. Since this is the reuse of an existing building, traffic circulation and the need for a SUP were the only issues.
Issues/Analysis:
Surrounding Area:
The surrounding area primarily consists of a mix of commercial uses on the West side of Ramsey Street and Single Family Detached housing on the East side.
The proposed Animal Care use is permitted in the CC district. This SUP is needed only to reduce the required 75-foot separation requirement.
Special Use Permit Request:
The owner is requesting a reduction in the 75-foot separation standards between an Animal Care use and an adjoining lot line. The applicant’s request would reduce the separation down to approximately 23 feet.
Use-specific standards are the requirements applied to individual use types regardless of the zoning district in which they are located or the review procedure by which they are approved. This section is intended to identify the use-specific standards for all principal uses identified in Table 30-4.A, Use Table, as subject to "additional requirements." These standards may be modified by other applicable requirements in this Ordinance.
Additional Standards for Animal Care Uses:
Animal shelters, kennels (indoor and outdoor), and veterinary clinics shall comply with the following standards:
1. Animal care uses providing boarding services for dogs shall provide a fenced and screened outdoor area of at least 50 square feet per dog.
2. The animal care use shall be sufficiently insulated so no unreasonable noise or odor can be detected off the premises.
3. Any open runs or pens used to house animals shall be located at least 75 feet from any lot line.
4. Accessory uses to an indoor kennel may include retail sales and grooming services, as long as the accessory uses do not occupy more than 25 percent of the total gross floor area.
These standards are not subject to a variance request. However, with the following exceptions or as explicitly stated in other sections of this ordinance, the separation standards may be reduced upon approval of a special use permit finding that the reduction in the separation standard does not increase negative impacts on surrounding uses and that there are specific characteristics that help minimize any negative impacts, such as natural or man-made features that create visual or physical separation between the uses. Consistent with standards for the procedure in Article 30-2.C.7 Administration - Special Use Permit, conditions may be attached to further minimize or prevent negative impacts, including limitations on hours of operation, maximum size, or range of activities.
Budget Impact:
This action should result in no increase in City Services.
Options:
OPTION 1
I move to APPROVE the Special Use Permit to allow the reduction of the separation requirement between an Animal Care use and an adjoining lot line subject to the submitted site plans and conforming to the current Unified Development Ordinance standards as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application is consistent with applicable plans because: (1) the development is located in a Community Commercial (CC) zoning district and (2) that this use complies with the findings listed and (3) the proposed permit is in the public interest because the proposed SUP does fit with the character of the area.
[Applicable to Motion to Approve] If approved, this Special Use Permit shall become effective with the approval of the Order of Findings by the City Council. The SUP shall expire one year from its effective date if a building permit is not issued within that time.
*For a motion to approve, all six findings below must be met:
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
OPTION 2
I move to DISAPPROVE the Special Use Permit (SUP) for the reduction of the separation requirement between an Animal Care use and an adjoining lot line as depicted on the attached site plan, as presented by staff, based on the standards of the City's development code and the evidence presented during this hearing. And that the application does not meet the finding(s) of fact listed below. More specifically finding(s) #_____.]
* For a motion to deny only one of the findings shown below needs to not apply.
1. The special use complies with all applicable standards, conditions, and specifications in this Ordinance, including in Section 30-4.C, Use-Specific Standards;
2. The special use will be in harmony with the area in which it is located;
3. The special use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted and approved;
4. The special use is in general conformity with the City's adopted land use plans and policies;
5. The special use will not substantially injure the value of the abutting land, or the special use is a public necessity; and
6. The special use complies with all other relevant City, State, and Federal laws and regulations.
[Applicable to Motion to Deny] If denied this action shall become effective upon the approval of the Order of Findings by the City Council.]
Recommended Action:
Staff recommends that City Council hold an Evidentiary Hearing and base their decision on the evidence and testimony provided.
Attachments:
1. Application
2. Aerial Map
3. Zoning Map
4. Land Use Plan Map
5. Subject Properties
6. Surrounding Properties
7. Site Plan
8. Requested Separation Map
9. PowerPoint