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HomeMy WebLinkAboutAgenda - 08-25-1997 - C3a(1) ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: August 25, 1997 Action Agenda Item#_C (1) SUBJECT: Zoning Ordinance Text Amendments-Golf Course Standards Article 8.8.7 Golf Courses Article 8.8.7.1 Intent DEPARTMENT: Planning& Inspections PUBLIC HEARING: X_Yes No BUDGET AMENDMENT REQUIRED: Yes_X—No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Extension 2580 Proposed Amendments TELEPHONE NUMBERS: Hillsborough - 732-8181 Durham - 688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To receive citizen comment on proposed amendments to the Zoning Ordinance to 1)provide consistency in the ordinance regarding expansion and modification of existing golf courses and 2)to establish appropriate criteria for evaluating changes to Special Use Permits issued for new golf courses. BACKGROUND: On May 21, 1997, the Board of Commissioners added standards and approval procedures for golf courses to the Zoning Ordinance. During preparation and review of the new regulations, the Golf Course Amendment Review Task Force (Golf CART) and the County Attorney recommended two revisions to provide consistency with the new golf course standards. 1. Existing Golf Courses The first revision pertains to changes to existing golf courses and will eliminate conflicting ordinance provisions. Existing golf courses are those which were in operation prior to May 21, 1997, when golf courses were permitted uses in most zoning districts. • Article 11.6,Non-Conformities, requires approval of a Special Use Permit if a pre-existing special use is enlarged, replaced, or modified. A pre-existing special use is one that existed legally prior to regulations making it a special use. Article 8.8.7.1, the "Applicability" section of the golf course regulations adopted in May, allows existing courses to continue to operate and make changes without a Special Use Permit, and allows Staff to approve modifications and additions of up to ten percent of the existing playable acreage. The proposed amendment will specify that Article 8.8.7.1 takes precedence over Article 11.6 for existing golf courses. 2. New Golf Courses A second proposed change pertains to new golf courses, those approved with a Special Use Permit under the new regulations. There are no new golf courses at this time. Article 8.7.1 contains standards for revisions to all types of Special Use Permits. This section is used to identify which revisions require a public hearing and which may be approved by the Planning Department. The proposed amendment adds a similar set of standards to the golf course regulations in Article 8.8.7.1 to specify which changes to a golf course Special Use Permit require a public hearing and review by the Board of Commissioners. Once an applicant obtains a Special Use Permit for a golf course and wants to make changes after the permit is recorded,then the provisions of 8.8.7.1 will apply. RECOMMENDATION: Article 20 of the Zoning Ordinance requires that the Zoning Officer's recommendation be presented to the Planning Board within 30 days of receipt of an application. However, Article 20.4 exempts any application for amendments to the Zoning Ordinance by either the public or the County from the provisions of Article 20.3. In either case, the public hearing is the time scheduled for presentation of the Zoning Officer's recommendation. ning:Officer Recommendation Provided that the Planning Board and the Board of Commissioners find in the affirmative, the Zoning Officer recommends approval of the proposed text amendments. Administration Recommendation The Administration recommends that the proposed amendment be referred to the Planning Board for a recommendation to be returned to the Board of Commissioners no sooner than November 3, 1997. OS3 PROPOSED ORDINANCE AMENDMENT ORDINANCE: Zoning Ordinance REFERENCE: Article 8.8.7 Golf Courses 8.8.7.1 Intent ORIGIN OF AMENDMENT: Staff Planning Board BOCC Public __X__Other: Golf CART,County Attorney Expected Public Hearing Date: August 25, 1997 Purpose of Amendment: To a) provide consistency in the ordinance regarding expansion and modification of existing golf courses and b) to establish appropriate criteria for evaluating changes to Special Use Permits issued for golf courses. Background: During preparation and review of the recently adopted standards and approval procedures for golf courses,the Golf Course Amendment Review Task Force(Golf CART)and the County Attorney recommended review of other sections of the Zoning Ordinance. The two sections noted are 1)Article 8.7.1 which affects changes to a golf course approved with a special use permit under the new regulations in Article 8.8.7 and 2) Article 11, Non-conformities, as it applies to existing golf courses. Article 8.7 of the Zoning Ordinance contains provisions for changing a Special Use Permit after the original approval. Minor changes may be approved by the Zoning Officer, while modifications defined by the ten criteria in Section 8.7.1 are subject to review at a public hearing before the Board which approved the original application. The Golf CART was concerned that some of the criteria used to distinguish a Special Use Permit modification requiring Board approval from a minor change would not be appropriate when applied to a project with the size and complexity of a golf course. For example,an increase in usable floor area or an increase in the size or number of approved signs constitutes a modification requiring a public hearing. Given that 1) floor area is not an appropriate measure of the intensity of a golf course as a land use, and 2) a golf course typically includes numerous signs that are not visible from a public road, it is reasonable to re-evaluate the current criteria listed in Article 8.7.1 in the context of a golf course so that changes which are small in proportion to the use are considered minor and eligible for administrative review. The proposed amendment is incorporated in the"Applicability" section of the new golf course regulations, rather than include provisions for changes to a specific type of Class A Special Use Permit in Article 8.7, which applies to all special use permits. 1 Y The second part of the amendment affects existing golf courses. There are two existing golf courses in Orange County's planning jurisdiction. The Golf CART was very careful in crafting the new regulations to insure that existing golf course owners could make some changes or improvements to their facilities without meeting all of the special use permit requirements applied to new courses. Article 11.6 in the"Non-conformities" section of the Zoning Ordinance makes an existing use that would require a special use permit conforming at the time new regulations are adopted with the condition that any enlargement, replacement or modification of the use requires a special use permit. The"Applicability" section of the recently adopted Article 8.8.7 Golf Courses states that the new standards shall be applied to existing courses only"when fifty percent or more of the total playable acreage of golf holes is concurrently reconstructed or altered, or if an equivalent amount of playable acreage is added to an existing course."Playable acreage is defined as tees, greens, fairways, and roughs. The proposed amendment to Article 8.8.7.1 will a)establish the effective date of the ordinance, 5/21/97, as the point at which existing playable acreage is measured and b)make the intent clear that the threshold established by Article 8.8.7.1 takes precedence over the provisions of Article 11.6 when applying zoning regulations to an existing golf course. EXISTING AND PROPOSED ORDINANCE TEXT: (Underlined text is proposed.) Article 8 Special Uses 8.8 Regulations Governing Individual Special Uses 8.8.7 Golf Courses 8.8.7.1 Intent Amended 5/21/97 The purpose of this article is to protect natural, visual, and cultural resources by regulating the location, planning, design, construction, operation, and maintenance of golf courses and associated uses. Applicability The standards contained herein shall apply to all new golf courses, whether proposed as a principal use or as an accessory use which is part of a residential subdivision,or included in a Planned Development District. Notwithstanding_the provisions of Article 11.6. lusting golf courses which existed prior to MU 21. 1997. shall comply with the requirements of this article when fifty percent or more of the total playable acreage of golf holes is concurrently reconstructed or altered, or if ape_ rcent f playable acreage is added to an existing course. Playable acreage includes all tees, greens, fairways,and roughs measured as of May 21 1997. l2• Changes to Approved Special Use Permits In accordance with Article 8.7. the Zoning Off, er is authorized to approve minor changes in the approved pl ns of S=ial Uses. provided the changes are in harmouy with the orig'na p=val. BefoTe changes to an approved Spy Use Permit may be co si ere! upd tes of submittal materials sucl+ as the en 'ro men al assessmenL biological_ inventory or resources management plan may be required In lieu of the criteria established 'n Article 8.7.1 the followin7 criteria s all be used to deternune when proposed changes to a Special Use Permit for a golf course shall wire approval of the Board of-County Commissioners: 1)A=c nge in a condition of approval including my reduction in a setback-, 2)An increase in playable acreage of golf holes by more than ten(10)Pgrcent. Playable acreages all include all tees, greens fin=gays and roughs as shown on the on the first site plan aU,Fro_ ved: 3) Any new use not included in the approved Spmial Use Permit or substantial expansion fan=roved use that does not involve floor area: 4) An increase by 25 percent or more in total floor area of all structures shown on the first site plan approved_either in a new structure or as an addition(s)to an approved & t»re(s)• 5)An 'ncreace 'n payrldng by ten(10)percent or more of the parlCmg shown on the first site plan and 61 ubstanti l changes in pedestrian and/or vehicular access or circulation:and t A c a ge in the location or extent of street and utipmvements or rights-of-my.y, 'ncl i g water, sewer and storm drainagc facilities.which would pm dde a different level of service and that is not associated with a less than ten percent increase in playable acreage. Ordinance Review Committee: 7/8/97 Golf CART: 6/16/97 Planning Board: BOCC: