HomeMy WebLinkAboutPH ORD-1997-028 Zoning Ordinance Text Amendments Golf Course Standards Article 8.8.7 and Article 8.8.7.1 ORANGE COUNTY
BOARD OF COMMISSIONERS
AGENDA ITEM ABSTRACT
Meeting Date: August 25, 1997
Action Agenda
Item# C3a(1)
SUBJECT: Zoning Ordinance Teat Amendments-Golf Course Standards
Article 8.8.7 Golf Courses
Article 8.8.7.1 Intent
DEPARTMENT: Planning& Inspections PUBLIC HEARING: ,_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
(GolfCART) 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
092
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.
Zoning Qf ar 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.
053
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
__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.
C 4
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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 filly 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
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.
AIMIlesbolily
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.
]`TOt&&j1Wd'nQ the provisions of Article 11.6_ gKisfing golf courses.which
existed prior to Mav 12 1997.shall comply with the requirements of this article
when fifty percent or more of the total playable acreage of golf holes is
i: � 5
concurrently reconstructed or altered,or if fift percent-an f
playable acreage is added to an existing course. Playable acreage includes all
tees, greens,fairways,and roughs measured as of May 21. 1997.
h. Chango to Ap=md S=ial Use Permits
In accordance with Article 8.7- he Zoning Officer is authorized to approve
minor changes in the a=ved plans of S=ial Use& pm-)dded the c ans are
in ha m_ony with the on 'na appmal. Before chancres to an appsovd S=ial
Use Permit may be considcn%L upd= p f submiaW mataiWa such as the
env. Drimenjal assessment biological inventory or resources management,plan
maybe mquked. in lieu of the criteria established in Article 8.7.1- the following
criteria shall be used to determine when proposed changes to a SMial Use
Permit for a golf course zWL=quireanproval of the Board of Co mty
Commissioners:
1?Any change in a condition of approval.including any reduction in a setback:
2)An increase in playable ac=e of golf holes by more than to (10)rarcent.
Playable ac==shall include all tees. greens_ fairways and rough-,as
shown on the on the first site plan M=ved;
3)Any new use not included in the ap=ycd Special Use Permit or sub=ntial
expansion of an atmroved use thAt does not involve floor area;
4) An increase by 25=ent or more in total floor area of at_1 structures shown
on the first site plan approved_either in a new structure or as an addition(s) o
an approved str�!cture(sl:
5)An - rlr, g by ten(10)i1eTcpnt or more of the rig shown on
the first site plan a=yl d:
6)Substantial changes in pedestrian and/or vehicular access or circulation:and
A change in the location or extent of street and utility improvements or
rights-of-=- including c_ leg water_sewer and storm drainagc facilities.which
would provide a different level of service and that is not associated with a
less than ten percent increase in playable acTeae.
Ordinance Review Committee: 7/8/97
Golf CART: 6/16/97
Planning Board:
BOCC:
COMMENTS AND/OR QUESTIONS FROM CITIZENS: None
A motion was made by Commissioner Brown, seconded by Commissioner
Halkiotis, to refer the proposed amendment to the Planning Board for a
recommendation to be returned to the Board of Commissioners no sooner than
November 3, 1997.
VOTE: UNANIMOUS
(b) Agricultural Services
1) Article 4.3 Permitted Uses
2) Article 22 Definitions
This item was presented by Planner Emily Cameron in
order to receive citizen comment on proposed amendments to the Zoning Ordinance
pertaining to uses allowed in the Agricultural Service zoning district. During the last
public hearing cycle, two requests were submitted for rezoning to the Agricultural
Service Zoning district. One of the applicants intended to build a mini-warehouse
storage facility, a use which is inconsistent with the intent of the AS district but is
included in the list of permitted uses. Several years ago a similar rezoning request in
the White Cross area was denied. The Planning Staff initiated an ordinance
amendment to refine the scope of the Agricultural Service district before more requests
for rezoning are submitted. Staff examined the intent of the district and the list of land
uses permitted within it. The recommended changes to the ordinance are summarized
as follows:
Revisions to Definitions:
*The proposed revision to the definition of agricultural services will describe that type of
land use in general and provide additional examples of uses such as a welding service
and retail sales of farm and garden products, supplies, and equipment.
*A definition of riding stable is also proposed to clarify that the category in the Permitted
Use Table refers to a commercial use, not a private facility.
Revisions to the Permitted Use Table
*To allow Agricultural Service uses in the General Commercial zoning district.
*To Delete the following uses that are not consistent with the intent of the AS district:
**S50 Storage of Goods, Outdoor
**S51 Storage and Warehousing: Inside Building
**S51a Studio (Art)
COMMENTS AND/OR QUESTIONS FROM THE BOARD OF COMMISSIONERS:
Commissioner Gordon asked for clarification of item P9 Extraction of Earth
Products. Ms. Cameron indicated that this extraction of earth products is a land based
use and is currently allowed as a Special Use in the Agricultural Residential Zoning
District. Planning staff felt that it was consistent to allow it in the AS district because it is
land based and is allowed in the same land use plan category with a Special Use
Permit.
COMMENTS AND/OR QUESTIONS FROM THE PLANNING BOARD: None