ORD-2009-030 - Zoning Ord-Level of Non Residential Zoned Area Permitted Comm Activity Nodes

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*The Ordinance would allow up to a total of nine (9) acres each of LC -1 or NC -2 zoned property but only in instances where existing density within a given Node is similar to existing `urban' Transition Areas, *If density within the Nodes is not similar to existing Transition Areas, non - residential zoning is limited to a cumulative amount of five (5) acres for each zoning district, •This amounts to only 2% of the land area within the Node. *The review of a recent rezoning petition brought these limitations under greater scrutiny, •Many Nodes already meet the 5 acre total for LC -1 and NC -2 zoned property `How can Nodes be developed at higher levels of non - residential development, as originally thought to be possible, and provide for BOCC involvement PROPOSAL: *Amend Section(s) 4.2.8 (b) (4) and 4.2.9 (b) (4) to increase the maximum allowable non- residential development within Rural Community Activity Nodes to ten (10) acres, *Continue to limit non - residential development within all other Nodes to five (5) acres (i.e. Five (5) acres of LC -1 and NC -2 zoning), and •Include a provision allowing the possibility of additional non - residential development with the submission, review, and approval of a Planned Development (PD) application RATIONALE: Rural areas have seen an increase in population since the adoption of the 1981 Comprehensive Plan, *The Rural Community Activity Nodes allow for more non - residential development (i.e. convenience goods and services) to reduce the need to commute to urbanizing areas. *The remaining Nodes can still be developed at what staff has determined acceptable levels of intensity given their purpose as defined within the Comprehensive Plan Planning Board Recommendation: Planning Board reviewed item at their June 3, 2009 regular meeting, •Board members indicated that there needed to be a comprehensive re- assessment of permitted uses allowed within each Node at a later date, "Voted unanimously to recommend approval of the proposal as presented by staff Administration Recommendations: *Receive the Planning Board recommendation, *Deliberate further on the matter, •Close the public hearing, *Adopt the Ordinance amendment: •Increasing the level of allowable non - residential zoning within the Rural Community Activity Nodes from 5 to 10 acres, *Keep other Nodes at 5 acres, and *Allow for additional non - residential development through the Planned Development review process.