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Agenda - 01-21-2016 - 5-a - Unified Development Ordinance Text Amendment – Recreational Land Uses - Closure of Public Hearing and Action (No Additional Comments Accepted)
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Agenda - 01-21-2016 - 5-a - Unified Development Ordinance Text Amendment – Recreational Land Uses - Closure of Public Hearing and Action (No Additional Comments Accepted)
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1/15/2016 8:32:05 AM
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BOCC
Date
1/21/2016
Meeting Type
Regular Meeting
Document Type
Agenda
Agenda Item
5a
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Minutes 01-21-2016
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Path:
\Board of County Commissioners\Minutes - Approved\2010's\2016
ORD-2016-001 Ordinance amending the UDO revising existing regulations governing the development of recreational land uses
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Path:
\Board of County Commissioners\Ordinances\Ordinance 2010-2019\2016
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15 <br /> more than a simple accessory use to your residence. It becomes a recreational facility <br /> used to satisfy the needs of the general public. <br /> • Could a farmer donate land to a non-profit organization to allow for the <br /> development of a recreational facility? <br /> STAFF COMMENT: Yes but they would have to obtain a Class B Special Use Permit for <br /> the use. This is the current requirement and we are not recommending a change to the <br /> existing process. <br /> • Is the intent with this regulation to control the development of gun ranges <br /> specifically? <br /> STAFF COMMENT: We are adopting regulations and development standards <br /> associated with them but the proposed amendment seeks to do more than just establish <br /> regulations on public or private gun ranges. <br /> • Could a local homeowners association develop a recreational land use on HOA <br /> owned property for local residents to take advantage of? <br /> STAFF COMMENT: Yes. This text amendment will not preclude that. The <br /> homeowners association would, however, have to amend the previously approved <br /> subdivision final plat to incorporate the new recreation amenity in accordance with the <br /> UDO. <br /> • Will this proposed amendment impact County parks? <br /> STAFF COMMENT: No. <br /> Staff and the County Attorney's office have determined existing definitions and <br /> classification methodology for recreation land uses (i.e. relying on the profit/non-profit status of <br /> said operation) is inappropriate and inconsistent with acceptable legal practice. The current <br /> methodology has concerned staff for some time and has even complicated recent enforcement <br /> efforts relating to the discharge of firearms on private property and addressing the purported <br /> establishment of an outdoor recreational field off of Old Greensboro Highway. Staff is proposing <br /> to overhaul our current regulations by: <br /> a. Establishing a new definition for a recreational land use with no reference to its tax status; <br /> b. Reviewing the types of recreational land uses permitted in each zoning district and <br /> suggesting revisions to ensure consistency; <br /> c. Developing new standards governing the development of recreational land uses for both <br /> private and commercial purposes; and <br /> d. Developing standards governing the discharge of firearms from both a business and personal <br /> enjoyment standpoint. <br /> Michael Harvey said with that frame of reference, staff began re-tooling the ordinance to <br /> draw distinction between personal and commercial recreational activities on one's property. He <br /> said staff has been locked in an enforcement effort over the purported operation of a <br /> commercial cricket field. He said it is hoped that this proposal will address mounting concerns. <br /> Michael Harvey said part of the reason for this proposal is to address two long-standing <br /> enforcement issues: <br />
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