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HomeMy WebLinkAboutNS ORD-1997-039 Zoning Ordinance Text Amendments - Golf Course Standards Article 8.8.7 and 8.8.7.1 021 17 / 997 - d39, ORANGE COUNTY BOARD OF COMMISSIONERS AGENDA ITEM ABSTRACT Meeting Date: October 21, 1997 Action Agenda Item# 9_k 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: Yes X No BUDGET AMENDMENT REQUIRED: Yes–X—No ATTACHMENT(S): INFORMATION CONTACT: Emily Cameron Extension 2580 Proposed Amendments 8/25/97 Public Hearing Minutes TELEPHONE NUMBERS: 10/1/97 Draft Planning Board Minutes Hillsborough -732-8181 Durham -688-7331 Mebane -227-2031 Chapel Hill -967-9251 PURPOSE: To consider 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 (Go1fCART) and the County Attorney recommended two revisions to provide consistency with the new golf course standards. 1.Existing Golf Courses The fast 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 2 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. The proposed amendments were presented at the public hearing on August 25.No citizen or Board comments were received at that time. The Board of Commissioners referred the proposal to the Planning Board for a recommendation. On October 1,the Planning Board voted unanimously to recommend approval of the proposed amendments. RECOMWENDATION: The Administration recommends approval of the proposed text amendments. 3 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. 4 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 Anwn&d 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.. a. Notwithstanding the provisions of Article 11.6, Faisfig golf courses which I existed pdor to MU 21, 1997,shall comply with the requirements of this article f when fifty percent or more of the total playable acreage of golf holes is 5 concurrently reconstructed or altered,or if fifty percent f playable acreage is added to an existing course. Playable acreage includes all tees,greens,fairways,and roughs measured as of May 21 1997. b. Changes to Approved Special Use Permits in accordance with Article 8.7. the Zoning Officer is authorized to approve minor changes in the approved plans of Special Uses provided the changes are m harmony with the original approval. Before changes to an approved Special Use Permit may be considered, updates of submittal materials such as the environmental assessmen t biological inventory or resources management plan may be required In lieu of the criteria established in Article 8.7.1. following criteria shall be used to determine when proposed changes to a Special Use Permit for a golf course shall require approval of the Board of County Commissioners: 1)AU change in a condition of approval.including any reduction in a setback: 2)An increase in�lavable acreage-of golf holes by more than ten 00)percent. Playable acreage shall include all tees. greens.fairways.and roughs as shown on the on the first site plan approved: I 3) Any new use not included in the approved Special Use Permit or substantial expansion of an approved 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 21M aptmoved,either in a new structure or as an addition(s)to an approved structure(s): 5)An increase in pang by ten(10)percent or more of the parking shown on the first site plan approved• 6)Substantial changes in 2CdUtdan and/or vehicular access or circulation.and A change in the location or extent of street and utility improvements or ri hv including water sewer and storm drainage facilities which wouldovide 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: 10/1/97 BOCC: ---- ,.. •..�., y17oc:.:,d1�4 N.e1�03 8/26/97 Pu5tl (C F(Me(l iq H(A4UT1---S 6 Commission Brown asked fbr clarification regarding the citizens who are opposed to this designation. Mr. Belle mentioned that the T.L. Oliver heirs, property owners in the Cedar Grove district have expressed opposition to being listed on the National Registry. They did not give a specific reason for this opposition other than a desire to have things remain as they are. The State would take this into consideration when the National Registry Advisory Committee meets. if a majority of property owners were in opposition the property would not be listed on the National Register. However, the National Registry Advisory Committee will issue a determination of eligibility. In that case,the property would be eligible to be listed. A motion was made by Commissioner Brown, seconded by Commissioner Halkiotis, to refer the Cedar Grove Rural Crossroads Historic District National Register nomination to the Historic Preservation Commission for a recommendation to be returned to the Board of County Commissioners no sooner than September 16, 1997. VOTE: UNANIMOUS Chair Karen Barrows convened this portion of the Public Hearing and asked Emily Cameron to preserrt items#3 a)1 and 3 b)2&3. 3. ZONING ORDINANCE TEXT AMENDMENTS (a) Golf Courses 1) Article 8.8.7 Special Uses(Golf Courses) Planner Emily Cameron presented this item 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 fbr new golf courses. 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(GoNCAR )and the Count Attorney recommended two revisions to provide consistency with the new golf course standards. 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. 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 Amide 8.6.7.1 to specify which changes to a golf course Special Use PemhR require a public hearing and review by the Board of Commissioners. CQINMENTS ANQR QUESTION4 MQM THE BOARD OF COMMISSIONERS: Commissioner Crowther asked if the GolWART was recommending these changes? Ms. Canneron indleatted OW both the GoWART and the County Attorney wom recommending these cthan9es: BOARD: None -.�,: .o• .7 our v i ,�,,�,chc 9196443004 P.02/03 9/25/97 PtJ2sGf C�l4tel,tlCf Nlti VMS COM EN?S NDIOR QUESTIONS FROM CITIZENS: None 7 A motion was made by Commissioner Brown, seconded by Commissioner Haikiotis, to refer the proposed amendment to the Planning Board for a recommendation to be returned to the Board of Commisslonem 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: 'Tire proposed revision to the definition of a0culturel seryrees 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. ElMdaigns 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 "WO Storage of Goods,Outdoor *IS51 Storage and Warehousing: inside Building "S51a Studio(Art) MA Commissioner Gordon asked for clarification of the item P9 Extraction of Earth Products. 11As.Cameron indkatsd that this extraction of earth products is a land based use and is currently allowed as a Special Use in the Agricxrltural Residential Zoning District. Planning staff felt that it was consistent to allow it in the AS disbrict because it is land based and Is allowed in the same land use plan category with a Special Use Permit BOARD* None • None 1011191 DedFT Pt_APJA1ta6C bd—P H(AIL)Tr—g 8 (1) Golf Courses Presentation by Emily Cameron. This item is to consider 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. 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 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,w hen 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 as applicant obtains a Special Use Permit for a golf course and wants to make changes after the permit is recorded,the provisions of 8.8.7.1 will apply. 0 9 The proposed amendments were presented at the public hearing on August 25. No citizen or Board comments were received at that time. The Board of Commissioners referred the proposal to the Planning Board for a recommendation to be returned no sooner than November 3, 1997. (A copy of the proposed amendments attached to these minutes on pages ) The Planning Staff recommends approval of the proposed text amendments. MOTION: Brooks moved approval. Seconded by McAdams. VOTE: Unanimous. (2) Agricultural Services Presentation by Emily Cameron. This item is to consider proposed amendments to the Zoning Ordinance pertaining to uses allowed in the Agricultural Services 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. When the Zoning Ordinance was first adopted in 1981,the Agricultural Service(AS)District was included in Article 4 with language that remains unchanged. For example,indoor storage and warehousing now includes mini-warehouses and other storage uses that may not be related to agricultural production or processing. Agricultural Service is the only non-residential zoning district allowed in the Agricultural-Residential Land Use PIan category outside of activity nodes. In much of the County's jurisdiction(at least 63 0/6),land may be rezoned to AS without a Comprehensive Plan amendment. Consequently,it is important to adhere to the intent of the district when reviewing permitted uses,so that inappropriate,non-rural uses generating negative impacts to farming operations are not located throughout the county. Agricultural service uses are also known as"agribusiness,"uses generally considered commercial,not agricultural. Their function can be summarized as supportive in the production of agricultural products or in the processing of those products to make them marketable. Agricultwvl Service Uses is included as a listing in the Permitted Use Table of the Zoning Ordinance Staff examined the intent of the district and the list of land uses permitted within it. When preparing the proposed amendments,the Planning Staff consulted with the American Planning Association,the Orange County Economic Development Commission,and the Agricultural Districts The starting salary for the Register of Deeds position will be Step 1 of Salary Grade 78 in the Orange County Classification and Pay Plan. The Step 1 salary is $47,726. This Resolution will not be altered or amended until after the persons elected Sheriff and Register of Deeds in the 1998 election for those positions take office. Thereafter, the Board of Commissioners may adjust the starting salary of the candidate elected considering the years of service and performance in related experience of the person elected. D. RENEWALS_DRIVER LICENSE OFFICE AT CARRBORO PLAZA The Board approved and authorized the Chair to sign the Memorandum of Understanding for space used as a Driver's License office at Carrboro Plaza with the State of North Carolina Department of Motor Vehicles. E. 1997-98 SCHOOL AND COUNTY CAPITAL PROJECT ORDINANCES The Board approved School Capital Project Ordinances as attached on pages and as detailed in the agenda abstract. F. COOPERATIVE AGREEMENT WITH U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT The Board approved and authorized the Chair to sign a Cooperative Agreement as a Fair Housing Assistance Program between Orange County and the U.S. Department of Housing and Urban Development. G. BOCC MEETING SCHEDULE FOR 1998 The Board approved their regular meeting calendar for 1998 as presented. H. LEASE RENEWAL -SAWYER BUILDING This item was moved to the end of the Consent Agenda for separate consideration. I. BUDGET ORDINANCE AMENDMENT#4 The Board approved a Budget Ordinance amendment and grant project ordinances as attached to these minutes on pages J. HOME PROGRAM -ABBOTTS COLONY This item was moved to the end of the Consent Agenda for separate consideration. K. ZONING ORDINANCE TEXT AMENDMENTS:GOLF COURSE STANDARDS The County Commissioners approved 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. These will be incorporated into the County's Zoning Ordinance. L. ZONING ORDINANCE TEXT AMENDMENT:AGRICULTURAL SERVICE DISTRICTS The County Commissioners approved amendments to the Zoning Ordinance pertaining to uses allowed in the Agricultural Service zoning district. These will be incorporated into the County's Zoning Ordinance. VOTE ON THE CONSENT AGENDA: UNANIMOUS ITEMS REMOVED FROM THE CONSENT AGENDA