Agenda - 09-01-2009 - 5a - Laserfiche WebLink

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As stated during the public hearing, staff does not believe the County intended to restrict non- residential development within the Cedar Grove Rural Community Activity Node and that the prohibition, as outlined within Section 6.23.1 of the Ordinance, was intended to prevent wholesale non-residential development throughout the aforementioned critical or protected watershed(s). During the hearing, the following general comments were made relating to the proposed amendment: 1. Board members agreed that it was not the original intent of the County to restrict development within the Cedar Grove Rural Community Activity Node when comprehensive watershed regulations were adopted, 2. A Board member expressed concern that we needed to be careful in what was permitted within any portion of a critical watershed and that wholesale non-residential development would be inconsistent with the goals of the County, 3. A Board member indicated there ought to be a comprehensive evaluation of acceptable land uses within the various Nodes and that development regulations ought to be tailored to promote the development of these various uses. PLANNING BOARD REVIEW: The Planning Board reviewed this item at its July 1, 2009 regular meeting. There was extensive discussion on the need to begin reviewing each individual Node and begin the Small Area Plan process to identify acceptable non-residential land uses for each. Some Board members expressed concern over the proposed amendment without first initiating the Small Area Plan process. After deliberating on this item, the Planning Board voted six (6) to one (1) to recommend that: A. Section 6.23.1 be amended to only allow the properties at the intersection of Carr Store and Efland Cedar Grove Road within the Cedar Grove Rural Community Activity Node to develop non-residential land uses consistent with the provisions of the Ordinance, and B. That the County Board of Commissioners authorize the development of a Small Area Plan for the Cedar Grove Rural Community Activity Node and that upon completion of that study, the entire Node be allowed to support non-residential development consistent with the provisions of the Ordinance. STAFF COMMENT: In addressing the various comments made by the BOCC and Planning Board, staff would like to offer the following: 1. While staff agrees that there ought to be a comprehensive evaluation of acceptable land uses within the various Nodes, staff does not believe that it is necessary to delay this proposed amendment to allow such a study to occur. This assessment might be possible through the completion of Small Area Plans for each Node as future work plans are prioritized. Z. Staff does not believe the Planning Board recommendation can be achieved given the lack of any documentation or rationale justifying exempting the properties at the existing road intersections from the existing prohibition on allowing non-residential development within a critical watershed overlay district.