§ 5.05.15. Conversion of Golf Courses

A.

Purpose and Intent. The purpose of this section is to assess and mitigate the impact of golf course conversion on real property by requiring outreach with stakeholders during the design phase of the conversion project and specific development standards to ensure compatibility with the existing land uses. For the purposes of this section, property owners within 1,000 feet of a golf course shall hereafter be referred to as stakeholders.

1.

Stakeholder outreach process. The intent is to provide a process to cultivate consensus between the applicant and the stakeholders on the proposed conversion. In particular, this section is designed to address the conversion of golf courses surrounded, in whole or in part, by residential uses or lands zoned residential.

2.

Development standards. It is the intent of the specific development standards contained herein to encourage the applicant to propose a conversion project with land uses and amenities that are compatible and complementary to the existing neighborhoods. Further, the applicant is encouraged to incorporate reasonable input provided by stakeholders into the development proposal.

B.

Applicability. The following zoning actions, Stewardship Receiving Area Amendments, and Compatibility Design Review petitions, hereafter collectively referred to as "conversion applications," shall be subject to LDC section 5.05.15. A conversion application shall be required when an applicant seeks to change a constructed golf course to a non-golf course use. However, where a permitted, accessory , or conditional use is sought for a golf course zoned Golf Course and Recreational Uses (GC), the applicant shall be exempt from this section except for LDC section 5.05.15 H.

1.

Zoning actions. This section applies to a golf course constructed in any zoning district where the proposed use is not permitted, accessory , or conditional in the zoning district or tract for which a zoning change is sought. Zoning actions seeking a PUD rezone shall be subject to the minimum area requirements for PUDs established in LDC section 4.07.02; however, the proposed PUD shall not be required to meet the contiguous acres requirement so long as the PUD rezone does not include lands other than the constructed golf course subject to the conversion application.

2.

Stewardship Receiving Area Amendments. This section applies to a golf course constructed on lands within a Stewardship Receiving Area where the proposed use is not permitted, accessory , or conditional in the context zone for which the change is sought.

3.

Compatibility Design Review. This section applies to a golf course constructed in any zoning district or designated as a Stewardship Receiving Area that utilize a non-golf course use which is a permitted, accessory or conditional use within the existing zoning district or designation. Conditional uses shall also require conditional use approval subject to LDC section 10.08.00.

C.

Application process for conversion applications.

1.

Intent to Convert application. The applicant shall submit an "Intent to Convert" application to the County prior to submitting a conversion application. The following is required of the applicant :

a.

Application. The Administrative Code shall establish the procedure and application submittal requirements, including: a title opinion or title commitment that identifies the current owner of the property and all encumbrances against the property; the Developer's Alternatives Statement, as provided for below; and the public outreach methods to be used to engage stakeholders at the Stakeholder Outreach Meetings, as established below.

b.

Public Notice. The applicant shall be responsible for meeting the requirements of LDC section 10.03.06.

2.

Developer's Alternatives Statement requirements. The purpose of the Developer's Alternatives Statement (DAS) is to serve as a tool to inform stakeholders and the County about the applicant's development options and intentions. It is intended to encourage communication, cooperation, and consensus building between the applicant , the stakeholders, and the County.

b.

Alternatives. The DAS shall be prepared by the applicant and shall clearly identify the goals and objectives for the conversion project. The DAS shall address, at a minimum, the three alternatives noted below. The alternatives are not intended to be mutually exclusive; the conceptual development plan described below may incorporate one or more of the alternatives in the conversion project.

i.

No conversion: The applicant shall examine opportunities to retain all or part of the golf course. The following considerations are to be assessed:

a)

Whether any of the existing property owners' association(s) reasonably related to the golf course are able to purchase all or part of the golf course; and

b)

Whether any of the existing property owners' association(s) and/or any new association reasonably related to the golf course can coordinate joint control for all or part of the golf course.

ii.

County purchase: The applicant shall coordinate with the County to determine if there is interest to donate, purchase, or maintain a portion or all of the property for a public use, such as a public park, open space , civic use, or other public facilities. This section shall not require the County to purchase any lands, nor shall this require the property owner to donate or sell any land.

iii.

Conceptual development plan: The applicant shall prepare one or more proposed conceptual development plans, consistent with the development standards established in LDC section 5.05.15 G, depicting the proposed conversion. The applicant shall share the conceptual development plan with the stakeholders at the Stakeholder Outreach Meetings as described below. The conceptual development plan shall include a narrative describing how the plan implements and is consistent with the goals and objectives identified in the DAS. The conceptual development plan shall depict the retained and proposed land uses, including residential, non-residential, and preserve areas; existing and proposed roadway and pedestrian systems; existing and proposed trees and landscaping; and the proposed location for the greenway, including any passive recreational uses. The narrative shall identify the intensity of the proposed land uses; how the proposed conversion is compatible with the existing surrounding land uses and any methods to provide benefits or mitigate impacts to the stakeholders. Visual exhibits to describe the conceptual development plan and amenities, including the greenway, shall also be provided.

3.

Stakeholder Outreach Meetings (SOMs) for conversion applications. The SOMs are intended to engage the stakeholders early in the conversion project and inform the applicant as to what the stakeholders find important in the neighborhood, what the stakeholders consider compatible with the neighborhood, and what types of land uses they would support to be added to the neighborhood. An assigned County planner shall attend the SOM and observe the process. The following is required of the applicant :

a.

The Administrative Code shall establish the procedure and application submittal requirements.

b.

The applicant shall conduct a minimum of two in-person SOMs and a minimum of one web-based visual survey on the proposed conceptual development plan(s). The web-based survey web address shall be incorporated in the mailings notifying the stakeholders of the in-person SOMs.

c.

At the SOMs, the applicant shall provide information to the stakeholders about the purpose of the meeting, including a presentation on the goals and objectives of the conversion project, the conceptual development plan, the greenway concept, and the measures taken to ensure compatibility with the existing surrounding neighborhood. A copy of the full Developer's Alternative Statement shall also be made available at each SOM. The applicant shall facilitate discussion on these topics with the stakeholders using one or more public outreach method(s) identified in the Administrative Code.

d.

SOM report for conversion applications. After completing the SOMs the applicant shall prepare a SOM report. The report shall include a list of attendees, a description of the public outreach methods used, photos from the meetings demonstrating the outreach process, results from outreach methods, and copies of the materials used during the SOMs. The applicant shall also include a point-counterpoint list, identifying input from the stakeholders and how and why it was or was not incorporated in the conversion application. The report shall be organized such that the issues and ideas provided by the stakeholders are clearly labeled by the applicant in the list and the conversion application.

4.

Conversion application procedures. An applicant shall not submit a conversion application (e.g. rezone, PUDA, SRAA, Compatibility Design Review) until the Intent to Convert application is deemed completed by County staff and the SOMs are completed. Thereafter, the applicant may proceed by submitting a conversion application with the County as follows:

a.

Zoning actions. For projects subject to 5.05.15 B.1., the applicant shall file a PUDA or rezone application, including the SOM report. Deviations to LDC section 5.05.15 shall be prohibited; further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or NIM.

b.

Stewardship Receiving Area Amendments. For projects subject to 5.05.15 B.2., the applicant shall file a Stewardship Receiving Area Amendment application, including the SOM report. Deviations to LDC section 5.05.15 shall be prohibited; further, deviations to other sections of the LDC shall be shared with the stakeholders at a SOM or NIM.

c.

Compatibility Design Review. For projects subject to 5.05.15 B.3., the applicant shall file a Compatibility Design Review application, including the SOM report.

D.

Criteria and staff report for conversion applications. In addition to the requirements established in LDC sections 10.02.08, 10.02.13 B., or 4.08.07, as applicable, the staff report shall evaluate the following:

1.

Whether the applicant has met the requirements established in this section and development standards in the LDC. In particular, that the proposed design and use(s) of the greenway, as applicable, meet the purpose as described 5.05.15 G.2.

2.

Whether the SOM report and point-counterpoint list described above reflect the discussions that took place at the SOMs.

3.

Whether the applicant incorporated reasonable input provided by the stakeholders to address impacts of the golf course conversion on stakeholders' real property.

4.

Whether the applicant provided an explanation as to why input from the stakeholders was not incorporated into the conceptual development plan.

E.

Supplemental review and approval considerations for zoning actions and Stewardship Receiving Area Amendments. The report and recommendations of the Planning Commission and Environmental Advisory Council, if applicable, to the Board shall show the Planning Commission has studied and considered the staff report for conversion applications, reasonable input from the stakeholders, the criteria established in LDC section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable. In particular, the Planning Commission shall give attention to the design of the greenway and how it mitigates impacts to real property. Further attention shall be given to who can use the greenway. The Board shall consider the criteria in LDC section 5.05.15 D, as well as the criteria established in LDC sections 10.02.08 F, 10.02.13 B, or 4.08.07, as applicable, and Planning Commission report and recommendation.

F.

Compatibility Design Review. For projects subject to 5.05.15 B.3., this section is intended to address the impact of golf course conversion on real property by requiring the conceptual development plan to be reviewed for compatibility with the existing surrounding uses. The following is required:

1.

Application. The Administrative Code shall establish the submittal requirements for the compatibility design review application.

2.

Public Notice. The applicant shall be responsible for meeting the requirements of LDC section 10.03.06.

3.

Compatibility Design Review. The Planning Commission shall review the staff report as described in 5.05.15 D, the Compatibility Design Review application, and make a recommendation to the Board based on the following criteria:

a.

Whether the applicant has met the applicable requirements established in this section and reasonably addressed the concepts identified in LDC section 5.05.15 D.2. - D.4.

b.

Whether the conceptual design is compatible with the existing surrounding land uses.

c.

Whether a view of open space is provided that mitigates impacts to real property for the property owners that surround the golf course.

d.

Whether open space is retained and available for passive recreation.

4.

The Board shall consider the criteria in LDC section 5.05.15 F.3., above, the staff report and the Planning Commission report and approve, approve with conditions, or deny the application. Upon approval of the application, the applicant shall obtain approval of any additional required development order , such as a SDP, construction plans, or conditional use .

G.

Development standards. The following are additional minimum design standards for zoning actions and Stewardship Receiving Area Amendments. The Compatibility Design Review process shall only be subject to LDC section 5.05.15 G.6.

1.

Previously approved open space . Golf course acreages utilized to meet the minimum open space requirements for a previously approved project shall be retained as open space and shall not be included in open space calculations for any subsequent conversion projects.

2.

Greenway. The purpose of the greenway is to retain an open space view for stakeholders, support passive recreational uses, and support existing wildlife habitat. For the purposes of this section the greenway shall be identified as a continuous strip of land set aside for passive recreational uses, such as: open space , nature trails, parks, playgrounds, golf courses, beach frontage , disc golf courses, exercise equipment, and multi-use paths. The Board may approve other passive recreational uses that were vetted at the Stakeholder Outreach Meetings. The greenway shall not include required yards (setbacks) of any individual lots .

a.

The greenway shall be contiguous to the existing residential properties surrounding the golf course and generally located along the perimeter of the proposed development . The Board may approve an alternative design that was vetted at the Stakeholder Outreach Meetings, as provided for in LDC section 5.05.15 C.3.

b.

A minimum of 35 percent of the gross area of the conversion project shall be dedicated to the greenway. The greenway shall have a minimum average width of 100 feet and no less than 75 feet at any one location.

c.

Maintenance of the greenway shall be identified through the zoning or and Stewardship Receiving Area Amendment process.

d.

The greenway may be counted towards the open space requirement for the conversion project as established in LDC section 4.02.00 except as noted in G.1. above.

e.

Existing trees and understory (shrubs and groundcover) shall be preserved and maintained within the greenway, except where minimal improvements are needed that provide a passive recreational use. At a minimum, canopy trees shall be provided at a ratio of 1:2,000 square feet within the greenway. Existing trees may count toward the ratio; however, trees within preserves shall be excluded from the ratio.

f.

A wall or fence is not required between the greenway and the proposed development ; however, should a wall or fence be constructed, the fence shall provide habitat connectivity to facilitate movement of wildlife in and around the greenway.

g.

A portion of the greenway may provide stormwater management; however, the greenway shall not create more than 30 percent additional lake area than exists pre-conversion in the greenway. Any newly developed lake shall be a minimum of 100 feet wide.

h.

The applicant shall record a restrictive covenant in the County's official records describing the use and maintenance of the greenway as described in the zoning action or SRA Amendment.

3.

Preserve requirements. The following preserve standards supplement those established in LDC section 3.05.07.

a.

Where small isolated areas (of less than ½ acre in size) of native vegetation (including planted areas) exist on site they may be consolidated into a created preserve that may be greater than ½ acre in size in the aggregate to meet the preserve requirement.

b.

Existing County approved preserve areas shall be considered as follows:

i.

Golf courses within a conventional zoning district. All County approved preserve areas shall be retained and may be utilized to meet the preserve requirements for the conversion project.

ii.

Golf courses within a PUD. All County approved preserve areas shall be retained. Preserve areas in excess of the PUD required preserve acreage may be used to meet the preserve requirement for the conversion project.

4.

Stormwater management requirements. The applicant shall demonstrate that the stormwater management for the surrounding uses will be maintained at an equivalent or improved level of service . This shall be demonstrated by a pre versus post development stormwater runoff analysis.

5.

Floodplain compensation. In accordance with LDC section 3.07.02 floodplain compensation shall be provided.

6.

Soil and/or groundwater sampling. In addition to the soil and/or ground water sampling requirements established in LDC section 3.08.00 A.4.d., the applicant shall conduct soil and/or groundwater sampling for the pollutants as follows: managed turf, chemical storage/mixing areas, and maintenance areas (i.e. equipment storage and washing areas, fueling and fuel storage areas) shall be tested for organophosphate, carbamate, triazine pesticides, and chlorinated herbicides. In addition, maintenance areas, as described above, shall be tested for petroleum products. The County shall notify the Department of Environmental Protection where contamination exceeding applicable Department of Environmental Protection standards is identified on site or where an Environmental Audit or Environmental Assessment has been submitted.

7.

All other development standards. The conversion of golf courses shall be consistent with the development standards in the LDC, as amended. Where conflicts arise between the provisions in this section and other provisions in the LDC, the more restrictive provision shall apply.

H.

Design standards for lands converted from a golf course or for a permitted use within the GC zoning district shall be subject to the following design standards.

1.

Lighting. All lighting shall be designed to reduce excessive glare, light trespass and sky glow. At a minimum, lighting shall be directed away from neighboring properties and all light fixtures shall be full cutoff with flat lenses. Lighting for the conversion project shall be vetted with stakeholders during the SOMs and the public hearings, as applicable.

2.

Setbacks. All non-golf course uses, except for the greenway, shall provide a minimum average 50-foot setback from lands zoned residential or with residential uses, however the setback shall be no less than 35 feet at any one location.

(Ord. No. 17-10, § 3.D)