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HomeMy WebLinkAbout3570Ordinance No. 3570 n a ~ JUN - Q ~99A ?! ORI IR CE FRR FIELD OF DREAMS SPORTS AND ENTERTAINMENT MEASURE The People of Butte County Do Ordain as Follows: Section 1. Title_ The title of this ordinance .is the "Field of Dreams Sports and Entertainment Measure". Section 2. Findings and Purpose. A. The people of Butte County find that the development of a sports center, entertainment facility and related uses at the _junctian of Hwy. 70 and Hwy. ] 61 serves the public interest and the health, safety and welfare of Butte County, for the following reasons. The combination of an en#ertainment facility for concerts and other events, a golf course, and an accompanying commercial area will create a flagship development with a nationally-recognized image that will function as a showcase for attracting businesses interested in locating in Northern California into the project vicinity and Bette County. This will generate and attract substa.-~tial jobs and revenue far the county. 2. Although the site is located adjacent to a state highway, it is also located in a winter grazing area, which minimizes the potential for conflict between surround- ing land uses and the sports center, entertainment facility, golf course, and accompanying commercial area. 3. The site does nat contain prime agricultural soils, and thus this measwe provides economic benefits without reducing the amount of prime agricultural soil in Butte County, 4: This measure establishes development standards and rectuirements to provide for adequate services, including but not limited to, right of way and traffic circulation. B. The purpose of this initiative is to amend the Butte County General Plan and the Butte County Zoning Ordinance {Butte County Code) to authorize the development and operation of a Sports and Entertainment Complex and other uses on a site of approximately 100 acres near the intersection of Hwy 70 and Hwy 1 b 1. This site is referred to in this measure as the "Butte County Sports and Entertainment Complex" or "the site". The authorized development includes the following permitted land uses: Development of an amphitheater far concerts and other events, as well as theaters, rodeo facilities, resort-hotels. -1- Ordinance loo. 3570 FIELD 4F DREAMS SF4RTS AND ENTERTAINMENT MEASURE The People of Butte County Do Ordain as Follows: Section 1. Title. The title of this ordinance is the "Field of Dreams Sports and Entertainment Measure". Section 2. Findings and Purpose. A. The people of Butte County find that the development of a sports center, entertainment facility and related uses at the _junction of Hwy. 70 and Hwy. l 61 serves the public interest and the health, safety and welfare of Butte County, for the following reasons. 1. The combination of an entertainment facility for concerts and other events, a golf course, and an accompanying commercial area will create a flagship development with anationally-recognized image that will function as a showcase for attracting businesses interested in locating in Northern California into the project vicinity and Butte County. This will generate and attract substantial jobs and revenue for the county. 2. Althou>h the site is located adjacent to a state highway, it is also located in a winter grazing area, which minimizes the potential for conflict between surround- ingland uses and the sports center, entertainment facility, golf course, and accompanying commercial area. 3. The site does not contain prune agricultural soils, and thus this measure provides economic benefits without reducing the amount of prime agricultural soil in Butte County. 4: This measure establishes development standards and requirements to provide for adequate services, including but not limited to, right of way and traffic circulation. B. The purpose of this initiative is to amend the Butte County General Plan and the Butte County Zoning Ordinance {Butte County Code} to authorize the development and operation of a Sports and Entertainment Complex and other rises on a site of approximately 100 acres near the intersection of Hwy 70 and Hwy 151. This site is refened to in this measure as the "Butte County Sports and Entertainment Complex" or "the site". The authorized developmen# includes the following permitted land uses: 1. T]evelopment of an amphitheater for concerts and other events, as well as theaters, rodeo facilities, resort-hotels. -1- 2. Development of a golf course. 3. Development of uses accessory to these primary uses. C. This measure achieves these purposes by amending the Butte County General Plan and the Butte County Zoning Ordinance {Butte County Code) in the following ways: The Butte County General Plan is amended to establish a new "Sports and Entertainment" designation to allow an amphitheater, theater, golf course, and rodeo facility together with a range of commercial uses on properties within that classification. 2. The Butte County General Plan is amended to specify which zoning designations aze consistent with the new "Sports and Entertainment" classification in the Plan. The consistent zoning designations aze a new "S/E" (Sports/Entertainment} designation. 3. The land use map that is part of the Butte County General Plan is amended to designate the Site as shown on Exhibit "A" with the new "Sports and Entertain- ment" designation. 4. The Butte County Zoning Ordinance is amended to establish a new sports/enter- tainment designation {"S/E"), specifying in detail the permitted uses in the zone and the requirement that must be fulfilled in connection with the development of the theater, the amphitheater, and other permitted uses. S. The County zoning map is amended to designate the Butte County Site, as identi- fied on the map attached as Exhibit "A", to allow for the development of the theaters, golf course, amphitheater, and associated uses. 6. This measure establishes as the policy of Butte County to take such actions as are reasonably necessary to provide for the implementation of the Butte County Sports and Entertainment and other land uses authorized by this initiative. Section 3. General Plan Amendment. A_ Plan Text to Establish New Sports and Entertainment Designation To set forth the Sports and Entertainment land classification in the Butte County General Plan, the following is hereby added to the General Plan, to read as follows: _~,_ Sports and Entertainment Definition and Purpose. The purpose of the sports and entertainment classification is to provide for sports facilities, theater, a golf course, and an amphitheater, as primary uses, with a range of related ]and uses. The related land uses may include a range of commercial uses, including localized retail, commercial retail and service establishments which serve more than a single azea. The intent is to encourage an appropriate mix of uses that will compatible with a golf course, theaters, amphitheater, and rodeo facilities primary ]and uses. Permitted Uses: Examples of uses which are considered appropriate under this classification include, but are not limited to a golf course; an amphitheater for use as an open air entertainment facility; eating and drinking establishments; food and beverage sales; vehicle repair services; gasoline service stations; public buildings; hotels and motels; offices; RV Park. B. Map Change to Reclassify Project Site as "Sports and Entertainment" The Butte County General Plan land use diagram, is hereby amended to establish new land use designations for the land shown as the "Butte County Sports and Entertainment Site" as described in the attached Exhibit "A" which is incorporated herein as if set forth in full. C. This General Plan Amendment shall be deemed to apply to all the elements of the Butte County General Plan. Section 4. Zoning Ordinance Amendment. A. Map Change to Rezone Project Site. The Zoning Qrdinance Map is hereby amended to establish new zoning designations far the Butte County Sports and Entertainment Site, as on the map attached as described on Exhibit "A". As indicated on Exhibit "A", the zoning designation shall be sports/ entertainment. B. New SportslEntertainment Zone In order to establish the Sports/Entertainment Zone, to specify the permitted uses in that zone, and to specify the requirements for the development of a amphitheater, theater, and _3.. other permitted uses, Section 24-223 is hereby added to the 3utte County Code, to read as follows: SECTION 24-223 SPORTS AND ENTERTAINMENT ZONE PURPOSE This Zone Classification is intended to be applied to property designated as SportslEntertainment pursuant to the Field of Dreams Sports and Entertainment Measure, which can be used far, or proposed to be used for, a sports facility including an amphitheater, theater, a golf course, commercial uses (including but limited to conunercial uses related to the sports facility) hotel RV Pazk and water park. PERMITTED USES The following uses and structures shall be permitted in the "Sports/Entertainment Zone". (1) An amphitheater or theater entertainment facility far the performance of concerts or other entertainment events, including charity bingo. (1a_} Open air entertainment facility (2} Equestrian and Rodeo events, golf course, athletic fields and other sports facilities, including a water park (3) Restaurants, food service, and hotel and lodging facilities and RV Park. (4) Facilities which Fray be required or desirable to provide services to a sports center and amphitheater, including water supply, water treatment and disposal. ~ . (5} Uses and structures which are incidental or accessory to the permitted uses. (6) 2 (Two) Free standing billboards not to exceed 40' (forty feet) by 30' (thirty feet) each. C. This zoning shall apply to that real property desribed in Exhibit "A", which is attached hereto and incorporated as if set forth in full. -4- DE.~i~LCPMENT STANDARDS AND REQUIREMENTS The following development standards and requirements shall be fulfilled in connection with the construction of a Sports Complex and Amphitheater in the "Sports /Entertainment" Zone: (l.} All structures on the site shall be required to comply with all applicable federal, state, and local laws, ordinances, and regulations. (2) A water~system for public uses and sewage treatment and disposal system shall be constructed in compliance with applicable standards. ~3) All interior roadways shall be private roads, the installation and maintenance of such shall not be borne by the County or any other public agency. By the same token, the construction thereof need not be pursuant to County Standards. (4} Access #o the site from the State Highway shall be pursuant to the requirements of Cal Trans. (S) At least 3Q days prior to the first event at the amphitheater facility, a traffic control and security plan shall be prepared in coordination with the Butte County Sheriff, the Butte County Office of Emergency Services, the California Highway Patrol, the Butte County Agricultural Commissioner, and the Butte County Fire Marshall. This plan shall address such elements as satellite parking facilities, shuttle bus usage and routes,~information brochures, emergency services access, employee ride share during ma;or events, avoidance of conflicts with agricultural operations, and the security and safety for spectators, visitors and employees, including Fire and Police protection, costs of which shall be borne by the owner(s) of the facility. The plan shall be updated at least every two (2}years in coordination with the same agencies. (6) If evidence of subsurface azchaeological resources is found during construction, excavation in the vicinity of the find shall cease, a professional archaeologist shall conduct an evaluation in accordance with state and federal laws and regulations, and the fnd shall be documented or preserved to the extent required by applicable laws and regulations. Section 5. Implementation. A. Upon the effective date of this measure, this measure shall be deemed to have amended the Butte County General Plan in accordance with its terms, except that if the four -5- amendments of the mandatory elements of the Butte County General Plan permitted by state law for any calendar year have already been utilized in the year of this measures' passage and prior to such effective da#e, then the Butte County General Plan amendment herein specified shall be deemed effective on January 1 of the following year. B. Upon the effective date of this measure, this measure shall be deemed to have amended the Butte County Cade to add Section 24-223 in accordance with its terms, except that if the effective date of the General Plan amendment contained in this initiative is delayed until January 1 of the fallowing year pursuant to paragraph S.A, above, then the effective date of the Zoning Ordinance amendments contained in this measure shall be the same January 1 date that the General Plan amendment takes effect. C. If another ballot measure is placed an the same ballot as this measure, and if such other ballot measure governs Sports and Entertainment facilities far Butte County or otherwise purports to deal with the same subject matter as this measure, and if both measures should pass, the voters expressly declare their intent that this conflicts with such other measure which obtains the mast votes shall control. D. Unless a different statute of limitations applies under applicable state ar federal law, no action or proceeding challenging all or any part of this measure shall be maintained unless commenced and service made upon the County within 90 days from the date that the vote on this measure is declared. Section 6. Interpretation and Severability. A. This measure shall be interpreted so as to be consistent with all federal and state laws, rules and regulations. If any section. subsection, sentence, clause, phrase, part or portion of this measure is held to be invalid or unconstitutional by a final ,judgment of a court of competent jurisdiction, such decision shall not a:ff'ect the validity of the remaining portions of this measure. The voters hereby declare that this measure, and each section, subsection, sentence, clause, phrase, part or portion thereof would have been adopted or passed irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases, part or portion. B. This measure shall be broadly construed in order to achieve the purpose of developing a sports and entertainment center at the Field of Dreams Sports and Entertainment Site. It is the intent of the voters that the provisions of this measure, including the development standards and rec{uirements for the Sports and Entertainment Zone, shall be interpreted by the County in a manner that facilitates the development and operation of the permitted uses described in this measure. Such interpretation may include the ref nement and minor adjustment of the provisions of this measure, and determinations that substantial compliance with development standards has been achieved, provided that any such ref nement, adjustment or determination is consistent with the overall intent and purpose of this measure. -b- Section 7. Amendment and Repeal. A. This measure may be amended or repealed only by a majority of the voters voting in an election thereon, except as provided below. B. The Butte County Boazd of Supervisors may amend the General Plan or Zoning Ordinance to change or delete the permitted uses set forth in this measure, if the Board makes the following findings and those f ndin~s are supported by substantial evidence: (l) At least f ve years have elapsed following the effective date of this measure; and (2) Construction work for the amphitheater or "open air" entertainment facility has not yet commenced. C. ~, addition, the Butte County Board of Supervisors may amend the General Plan or the Zoning Ordinance to change or delete the permitted uses as set forth in this measure, if the Boazd makes the following findings and those findings are supported by substantial evidence: (1 } At least eight years have elapsed following the effective date of this measure; and (2) Construction of the theater or golf course or amphitheater has not yet commenced. -7- 1 2 3 4 5 6 7 8 9 10 11 i2 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PASSED AND ADOPTED by the Board of Supervisors of the County of Butte this 7~'' day of December, 1999, by the following vote: AYES: Supervisors Beeler, Josiassen, Davis and Chair Dolan NOES: Supervisor Houx ABSENT: None NOT VOTING: None DOLAN, Chair of the Board of Supervisors ATTEST: JOHN S. BLACKLOCK, Clerk of the Boazd of Supervisors -8- Exhibit "A` All that ce~teisl rea4 propery lacals~ ~ the Counly of Butte, State of Ca[ifamia ~..,, described as follows; A PORTION OF THE VJEST HALF OF THE NORTHEAST QUARTER AND OF THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 3 (MAST, M.D.B. ~ M., MORE PARTICULARLY DESCRIBED "S FvLLOINS: COMAkENC1NG AT A POINT IN THE VJEST HALF OF THE NORTHEAST QUARTEP, OF SAID SECTION 1D FROM WHICH THE SECTION CORNER COMMON TO SECTIONS 10, 19, 14 ANO 15, SAID TOWNSHIP AND RANGE, BEARS SOUTH 23 DEG, 31' 19" EAST, 4323A3 Fi;,ET, SAID POINT OF COMMENCEMENT ALSO LYING !N THE CENTERLINE OF THE CLARK ROAD, AND BEING DESIGNATED AS ENGINEER'S STATION 55+06,94; THENCE SOUTH 89 DEG. 19' EAST, 404.2fi FEET TO THE EAST BOUNDARY OF THE WEST HALF OF THE NORTHEAST QUARTER OF SAID SEGTION 1fl; THENCE NORTH 0 DEG. 31' WEST, ALONG 5AlD LEGAL 5UBDIVISIDN LINE, A DISTANCE OF 1314.93 FEET TO THE NORTHEAST CORNER DF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 1D; THENCE NORTH 89 DEG. 0$' 30" VJEST, 1594.45 FEET TO A POINTIN THE AI'OREMENTIONEO CENTERLINE OF CLARK ROAD; THENCE SOUTHERLY A DISTANCE OF 244,0 FEET ALONG AN ARC OF A CURVE TO THE LE1=T HAVING A RADIUS OF 1350.0 FEET AND A CENTRAL ANGLE OF 10 DEG. 22'; THENCE SOUTi-[ 43 Dr=G. O6' EAST ,ALONG THE TANGENT TO SALE] LAST MENTIONED CURVE, A DISTANCE OF 1364.33 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 1500.0 FEET; THENCE SOUTHERLY ALONG THE ARC OF SAID LAST MENTION!=D CURVE, THROUGH A CENTP,AL ANGLE OF 7 DEG. 11' 45", A DISTANCE OF 1$8.38 FEET TO THE POINT OF BEGINNING. ' EXCEPTING THEREFROM THAT PORTION CONTAINED IN THAT C>=RTAIN DEED FROM E4RL H. PARKER, ET UX, TO THE COUNTY OF BUTTE, DATED JANUARY 3q, 1963, AND RECORDED FEBRUARY 25, 1963, IN BOOK 9229, PAGE 284, OFFICIAL RECORDS. ALSO EXCEPT#NG THEREFROM THAT PORTION THEREOF DESCRIBED AS FOLLOWS: ALL THAT PORTION OF THE NORTH~NEST QUARTER AND THE NORTHEAST QUARTER OF SECTION 10, TOWNSHIP 20 NORTH, RANGE 3 EAST, M.D.B. & M„ LYING EASTERLY OF OLD CLARK ROAD, AS THE SAME EXISTED JANUARY 27, 1949 (NOW KNOWN AS GERALD O'NEAL ROAO~, AND WESTERLY OF THE WESTERLY LINE OF CLARK ROAD AS DESCR113ED IN A DEED FROM EARL H. PARKER, ET UX, TO THE COUNTY OF BUTTE RECORDED FEBRUARY 25, 1963, IN BOOK 1229, PAGE 264, OFFICIAL RECORDS. All that real property situate in the County of Butte, State of California, being mare particularly described as follows: Ali of the Northeast Quarter of the Northeast Quarter of Section 10, and a portion of the North Half ofthe North Half of Section 11, Township 20 North, Range 3 East, M.D.B.&M., being mare particularly described as follows: The Northeast Quarter of the Northeast Quarter of said Section 10 and the North Half of the North Half of said Section ~ 1 Lying Westerly of the Northwesterly right of way Line of California State Highway ?0. TOGETHER V~TH a strip of land 60 feet wide lying Southerly af, adjacent ta, running parallel with and perpendicular to the North line of that certain parcel of land described in a deed to Lucky Seven Ranch Christian Fellowship, anon-profit corporation, recorded October 2b, 1958, under Butte County Recorder's Serial Number 55-36403, from the East line of said parcel to Clark Road. ALSO TOGETHER WITH a strip of land 60 feet wide lying Easterly of, adjacent to, running parallel with and perpendicular to the East line of Clark Road from the Northerly line of said parcel, Southerly to O'Neal Raad, known as Old Clark Raad. ALSO TOGETHER WII~-I a strip of Land 60 feet wide lying Easterly of, adjacent ta, running parallel u~th and perpendicular to the Northeasterly line of O'Neal Road from the intersection of the Easterly line of Clark Road and the Easterly line of O'Neal Road, Southerly 300 feet.