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HomeMy WebLinkAboutOrdinance 14-002-CC BOARD OF COUNTY COMMISSIONERS County of Grant, State of Washington ORDINANCE NO. 14-(��� -CC RESOLUTION 14- d��°� -CC AN ORDINANCE AMENDING CHAPTER 23.08 OF THE GRANT COUNTY UNIFIED DEVELOPIVIENT CODE RE: OUTDOOI2 RECREATIONAL DEVELOPMENT RECITALS: , WHEREAS, in 1990, the Washington State Legislature passed and the Governor signed ' into law the Growth Management Act (GMA) as contained in SHB No. 2929 (Washington Laws, 1900 lst Ex. Sess., Ch. 17), which was subsequently codified as, as among other chapters, Chaptar 36.70A RCW; and WHEREAS, on September 30, 1999, the Grant County Board of Cominissioners (BOCC) adopted Ordinance No. 99-158-CC, adopting the Grant County Comprehensive Plan together with the integrated Draft Environmental Impact Statement and the Final Environmental Impact Statement; and WHEREAS, the BOCC further acknowledged that the general purpose of adopting of development regulations was to implement the goals and policies of the Grant County Comprehensive Plan and to: I 1. Encourage land use decision-making in accordance with the public interest, protection of private property rights and the public good, and applicable laws of the State of ! Washington; 2. Protect the general public health, safety, and welfare; 3. Implement the Grant county Comprehensive Plan goals and policies through land use and ' other regulation; i 4. Provide for economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards; � 5. Provide for adequate public facilities and services in conjunction with development; and � 6. Promote general public safety by regulating development of lands containing physical , � hazards and to minimize adverse environmental impacts of development; and ' WHEREAS, as set forth in Grant County Ordinance No. 2000 114-00, the BOCC adopted the Grant County Unified Development Code and Official Zoning Map, the same dated ! September 19, 2000; accepted a Grant County Comprehensive Plan/Draft Environmental Impact ' Statement and Final Environmental Impact Statement as meeting the environmental review needs of the adopted Uni�ed Development Code; adopted the appropriate Findings of Fact and I Conclusions of Law; accepted a record compiled by the Grant County Planning Commission; � and, accepted a record as compiled by the BOCC; and � AN ORDINANC�AMENDING CIIAPTER 23.08 Ol+TII� I GRANT COUNTY UNITIED D�VELOPM�NT CODE R�: I OUTDOOR R�CREATIONAL D�V�LOPMENT-PAG�1 i � Civil 8\Departments\Ordinances\2013\Golf Course\Ordinance 12-23-13 � WHEREAS, the BOCC ordained and determined the effective date of the Grant County Unified Development Code as October 1, 2000; and WHEItEAS, the BOCC finds that this Ordinance is necessary for the immediate preservation of the public, health, safety and welfare; and NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County Commissioners of Grant County, State of Washington, pursuant to the Growth Management Act, chapter 36.70A RCW, the Planning Enabling Act, chapter 36.70 RCW, and Article 11, Section 11 of the Washington Constitution, that chapter 23.08 of the Grant County Unified Development Code, with such amendments specifically concerning and limited to Section 23.08.290, be amended and is hereby amended as follows: Section 1. Amendment. Chapter 23.08 of the Grant County Uni�'ied Development Code, with amendments contained herein specifically concerning and limited to Section 23.08.290, is now amended to reflect as follows: 23.08.290 Outdoor Recreation Developments (a) Definition: Outdoor recreation developments include: (1) Community Parks; (2) Golf Courses; (3) Outdoor Shooting and Archeiy Ranges; (4) Recreational Race tracks; (5) Major Campgrounds; (6) Water sl�i la.kes; (7) Motorized, off-road vehicle (ORV), and all-terrain velucle (ATV) parlcs and recreational areas; and (8) Similar outdoor developments. (b) Applicability: The requirements of this section apply to all outdoor recreation developments. (c) Permitted Use: Outdoor recreation developments shall be a permitted use in those zoning districts specified in Tables 3, 4 and 5 of GCC § 23.04. Uses may be allowed outright, or require discretionary use review or a conditional use permit, as specified in Tables 3, 4 and 5. (d) Additional Use Requirements: The following additional use requirements shall apply to outdoor recreation developments: (1) Parlcs and campgrounds in which individual lots or spaces are to be leased, sold or otherwise transferred are prohibited; (2) Motorized, off-road vehicle (ORV), and all-ter•rain vehicle (ATV) parlcs and recreational areas shall only be permitted in Rural Recreational Commercial (RRC) zoning districts, subject to a conditional use permit; (3) Recreational race tracks shall be permitted only in Urban Commercial 2 (UC2), Rural Heavy Industrial (RHI), and Rural Recreational Commercial (RRC) zoning districts, subject to a conditional use permit; (4) Outdoor shooting and archery ranges shall only be permitted in Rural Remote (RRem), i AN ORDINANC�AMENDING CHAPTER 23.08 OI'TH� j GRANT COUNTY UNIP'I�D D�V�LOPMENT COD�R�: ' OUTDOOR R�CREATIONAL D�VELOPII�NT-PAG�2 ' Civil 8\Depnrhnents\Ordlnances\2013\Golf Course\Ordinance 12-23-13 � Urban Heavy Industrial (UHI), Urban Light Industrial (ULI), and Agriculture (AG) zoning districts, subj ect to a conditional use permit; (5) Golf courses shall only be permitted in Public O�en Space (POS) Open SpacelRecreation(OSR), Urban Residential 1 (URl),Urban Residential2 (UR2), Public Facility (PF), Recreational Development (RD), Rural Villa�e O�en Space Conservation �RVOSC) Rural Communitv (RC) Rural Recreational Commercial (RRC), Rural Residential 1 (RR1), Rural Residential 2 (RR2) Rural Residential 3 (RR3), Rural Remote (RRem), � "_____, n__....��;..�,,, r.....,.....�,,,,;�� ��nr� zoning districts, subject to a conditional use permit; and (6) Golf courses and other recreational developments that propose to include on-site residential housing may only be permitted in a: (A) Master Planned Resort (MPR) zoning district (See GCC § 23.04.650), subject to a legislative action to amend the Comprehensive Plan pursuant to GCC § 25.12; or (B) Planned Unit Development(PUD) (See GCC § 23.04 Article VIII). Golf courses proposed as an element of an MPR or PUD shall be reviewed under the pertinent provisions of GCC § 23.04. (7} Water ski lalces shall not be permitted in the Agricultural (AG) zoning district. (8} Access shall be only from full width roads, which shall be paved or surfaced in accordance with the County Engineer's specifications. (e) Standards: The following standards shall apply to all outdoor recreation developments; additional standards follow that apply to specific types of outdoor recreation development: (1) Outdoor recreation developments shall be located so as to protect adjacent properties from adverse impacts. Where the proposed recreational use can reasonably be expected to have adverse impacts on adjacent properties, and where existing ground cover, such as trees or shrubs, will not provide an adequate buffer between the recreational area and adjoining properties, screening or fencing shall be required; (2) Parking shall be provided as specified in GCC § 23.12.130; (3) Parlcing areas associated with outdoor recreation developments shall be located inland away from water and beaches and shall be designed to control surface runoff and prevent the pollution of nearby water bodies. Safe access from parking areas to recreation areas shall be provided by means of walkways or other suitable facilities; (4) Parlcs in the Open Space Conservation (OSC) and Public Open Space (POS) zoning districts shall not be designed, created, or operatecl in a manner which would reduce, limit, or degrade the pur�pose and intent of the zoning district; i (5) Community Parlcs shall meet the following standards: I (A) Hours of operation shall be limited to the period of sunrise to 10:00 p.m.; (B) Any lighting shall be of direct cutoff design and not extend beyond the property I boundaries; � (C) Any trash or garbage receptacles shall be screened from view from surrounding i properties; and � (D) Any restroom facilities shall be screened from view from surrounding properties and i the entrance shall be ful�y visible from the public areas; � (6} No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smolce, odor, electrical interference to the detriment of adjoining property; j (7) Outdoor recreation developments which are also commercial enterprises designed i primarily as tourist attractions shall not exceed a gross use area of 5,000 square feet; � (� Outdoor Shooting Ranges: Outdoor shooting ranges include rifle, pistol and archery ranges � and gun clubs. The following standards shall apply to outdoor shooting ranges: � i , AN ORDINANC�AMENDING CHAPTER 23.08 OT TH� I GRANT COUNTY UNIP'I�D DEVELOPMElVT CODE R�: � OUTDOOR R�CR�ATIONAL D�VELOPMENT-PAGE 3 Civil 8�Departments\Ordinances\2013\Golf Course\Ordiunnce 12-23-13 � (1) Outdoor shooting and archery ranges shall be located, designed, constructed and operated to prevent the likelihood of discharge of ammunition beyond the boundaries of the parcel where they occur. It is recommended that the National Rifle Association's `Range Manual' be consulted and used in the development and operation of ranges; Articles 1, 2, and 3 of the safety recommendations for outdoor shooting ranges shall be used as guidelines in the design and construction of shooting ranges. (2) The minimum lot size requi�ement for an outdoor rifle trap or slceet shooting or pistol range used by an organization shall be ten (10) acres. For an outdoor archery range used by an organization,minimum lot size sha11 be two (2) acres. (3) No structure or shooting areas associated with a shooting or firing range shall be located closer than one hundred(100)feet to any lot line. (4) A minimum location of five hundred (500) Feet is required from any occupied dwelling other than the dwelling of the owner. (5) All shooting areas shall be completely fenced. (6) The shooting areas shall be surrounded by an eight(8) foot high noise barrier in the form of an earth berm or wall,or be located in a minimal eight(8)foot deep depression. (7) In the consideration of an application for a permit, the Approval Authority shall talce into account both safety and noise factors, and may prescribe additional conditions with respect thereto. (g) Golf Courses: The following standards shall apply to golf courses: (1) Sewage disposal and water supply shall be in accordance with GCC § 23.12.050 and § 23.12.060. Adequate water supply shall be provided without diminishing the level of service for system users; (2) Accessory uses, such as eating or drinlcing establishments, pro shops, and clubhouses, shall only be allowed in URl, UR2, RD, RVOSC RC, RRC, PF and MPR zoning disti7cts; except that a single structure not to exceed twenty-five hundred (2,500) square feet of gross floor area may be allowed, subject to a conditional use permit, to provide such functions in POS, OSR,RR1,RR2,RR3 and RRem zoning districts and in PUDs. (h) Major Campgrounds: The following standards shall apply to Major Campgrounds, including Destination Campgrounds, Developed Campgrounds having more than fifty (50) camping sites, Institutional Campgrounds, and temporary or permanent Festival Campgrounds: (1) No structure or camp site shall be located closer than ten(10) feet to any lot line; (2) Visual screening, increased setback, increased lot size, and other conditions may be required taking into account safety,noise, and odor factors; (3) If the facility is to contain food seivice facilities or is intended to be used for exhibitions, shows, or Temporary Outdoor Festivals, additional parking shall be provided as r�quired; (4) Allowable accessory improvements may include facilities for: (A) Picknicking; (B) Showering or Bathing; (C) Sports and recreational activities; and (D) Convenience stores having a gross area of less than 500 square feet and not providing vehicle fueling. Section 2. EmergencX. This Ordinance is necessary for the immediate preservation �� of the public, health, safety and welt'are, and shall talce effect immediately. Provided, the BOCC 'i shall hold a public hearing on this Ordinance within(sixty) 60 days. ' � AN ORDINANC�AM�NDING CHAPTER 23.08 OF TH� I GRANT COUNTY UNII'I�D D�VELOPMENT COD�RE: OUTDOOR R�CR�ATIONAL D�VELOPMENT-PAG�4 Civil S�Depnrt�nents\Ordinances\2013\Golf Course\Ordinance 12-23-13 �� � Section 3. Severabilitv. If any section, subsection, paragraph, sentence, clause, or phrase of this Ordinance is declared unconstitutional or invalid for any reason, such decision , shall not affect the validity of the remaining pai�ts of this Ordinance. Dated and enacted thisf�� day of ����--� 2014. � BOARD OF COUNTY COMMISSIONERS GRANT COUNTY,WASHINGTON -�����- Caro Swartz, Ch ir �i�chard Stevens, ice-Chair � indy er, Me er Attest: ,�, � Q �/1'�'1.l�V�.CN�'� rbara J. Vasquez, Clerk of the Board ���� Published: _/ / 2014; _/ / 2014 Approved as to formn„ ��` ,.--r..,�. 'r, ..,-- ,�,.✓�'"'°f By fr'`� Dalto Lee � .�iceP .-�° , Deputy P�"os�cuting Attorney Date: `� °� /:.;,,W' -f� '�� AN ORDINANC�AMENDING CHAPT�R 23.08 OF TII� GRANT COUNTY UNITIED D�VTLOPMENT COD�R�: OUTDOOR R�CR�ATIONAL DEVELOPM�NT-PAGE,5 Civil 8\Departments\Ordinances�2.013\Golf Course\Ordinance 12-23-13