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

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PLANNING BOARD REVIEW: The Planning Board reviewed this item at its June 3, 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. In the end, the Board determined that the proposed amendment was essential to address a long standing problem within the Rural Community Activity Nodes, most notably the White Cross Node, and voted unanimously to recommend approval of the proposed amendment. STAFF COMMENT: In addressing the various comments made by the BOCC and Planning Board, staff would like to offer the following: 1. Staff agrees with both Boards that a comprehensive study needs to be initiated to identify the acceptable non - residential land uses permitted within the Nodes but believes that this amendment is essential to address an existing conflict within the Ordinance. 2. Staff understands the concern over potentially allowing additional non - residential development, through the Planned Development process, above and beyond any established limit within the Nodes. It is out opinion, however, that the proposed provision will not result in a dramatic increase in non - residential development within the Nodes and that the existing review process will allow for sufficient public involvement and comment to address any and all local concerns that might arise. 3. Staff is uncomfortable with exempting septic and repair area from any established acreage limitation give the fact that this land area is a crucial component in determining a given non - residential development projects sustainability. In staffs mind there is no difference between the area of property encumbered by the septic system and the parking lot that is necessary to support a proposed non - residential land use. 4. This amendment will only increase the existing non - residential acreage limitation within Rural Community Activity Nodes from five (5) acres of Local Commercial One (LC -1) and Neighborhood Commercial Two (2) to ten (10) acres for each district. This amendment will not allow for non - residential development to occur within any protected or critical watershed overlay district where such development is currently prohibited. FINANCIAL IMPACT: This request has been reviewed by various County departments who have determined the approval of the request will not create the need for additional funding for the provision of County services. ADMINISTRATION RECOMMENDATION: The Administration recommends the BOCC take the following actions: 1. Receive the Planning Board recommendation, 2. If necessary, deliberate further on the proposed amendment, 3. Close the public hearing, and 4. Adopt the Ordinance amendment as detailed within Attachment One (1).