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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Article 5: Uses 42 Section 5.7: Standards for Recreational Uses from adjacent residentially zoned property. (4) The site shall be located on a major road, as classified in the 0 . ge County Comprehensive Plan, unless permitted as an ASE-CZ. (5) Parking shall not be located in the front yard space. (6) Ai'lication materials shall include a comprehen e groundwater study, for facili expected to use more groundwater e an annual basis than an average single fa residence (which uses 240 t. Ions of water per day) built at the highest dens the existing zoning d.. ict would allow. For example, if the existing zoning . rict allows a r-: dential density of 1 unit for 2 acres and the proposed use is on . ix acr- .arcel (which could yield 3 residences), the proposed use(s) may us: ree times the water used by an average single family residence (or 720 gal t s p- day, on an annualized basis) before a comprehensive gre ndwater st is required. The water usage rates of any existing use s .sect to zoning regu - .ons located on the same lot shall be taken into accou. when determining if a com ehensive groundwater study is required. Said s .cy shall detail: The amount of water anticipated to be u :d on a daily, weekly, monthly, and annual basis by regulated uses located .I the parcel (e.g., water usage by bona fide farm uses is not required to .- included); (b) An analysis of the amount of groundwater withdrawal :.nsidered to be safe and sustainable in the immediate vicinity; and (c) An analysis of whether other wells in the vicinity of the propose. se are expected to be affected by withdrawals made by the proposed use. SECTION 5.7: STANDARDS FOR RECREATIONAL USES 5.7.1 Recreational Uses as Accessory Uses5 (A) Residential Land Uses6 In addition to the requirements contained within this Ordinance, recreational uses developed as an accessory use to a residence shall abide by the following: (1) General Standards (a) Accessory recreational uses shall not be open to the public or serve as a recreation amenity for other lots.' (b) Amenities, equipment, and/or facilities intended for spectators such as bleachers or public address systems shall not be permitted.$ 5 There have been issues in the past with property owners allowing for the use of recreation amenities on their property to serve others. To address this issue staff is recommending the imposition of various standards to ensure this use does not become some form of commercial operation. 6 Bold Green Underlined text added to address comments from the September 8,2015 Quarterly Public Hearing. There was concern the regulations,as written,would prevent a church from developing a recreational amenity for their congregation's use. While staff does not believe this would be the case,we have added language clarifying the section to address the concern. 'Staff is not trying to say a property owner cannot have friends over who use a pool or basketball court. What we are attempting to avoid is the de-facto expansion of an accessory use on a parcel property to serve other lots recreational needs or be open to the public like a non-residential land use can be. Please note this will not prohibit subdivision developer's from establishing a recreational amenity for their projects. That is addressed in Section 7.11 of the UDO. 8 Staff has received concerns from various property owners over the years with respect to a private land owners ability to erect amenities, primary athletic field lights,to expand the use of their accessory recreation use. Staff is Orange County, North Carolina—Unified Development Ordinance Page 5-64