ORD-2009-031- Zoning Ord Text Amendment Relating to the Dev Non-residential Land Uses Certain Watershed Overlay Districts

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~3 P~ Commissioner Pelissier said that it seems that this is a response to a particular request for rezoning. She said that, if the County is going to implement the Revised Comprehensive Plan, then this seems piece meal and not looking at the big picture. There was no public comment. A motion was made by Commissioner Jacobs, seconded by Commissioner Gordon refer the matter to the Planning Board for a recommendation to be returned to the County Board of Commissioners in time for the August 18, 2009 BOCC meeting and adjourn the public hearing until August 18, 2009 in order to receive the Planning Board's recommendation. VOTE: UNANIMOUS 3. Zoning Ordinance Amendment: To receive public comment on proposed amendments to Article Six (6) Application of Dimensional Requirements Section 6.23.1 Land Use Restrictions to modify existing regulations prohibiting non-residential development within the University Lake Critical and Protected, Cane Creek Critical, and Upper Eno Critical Watershed Protection Overlay Districts. AGENDA ITEM: C3 PUBLIC HEARING Review of a proposal to amend Section 6.23.1 of the Zoning Ordinance to modify existing regulations prohibiting non-residential development within certain Protected and Critical Watershed Overlay Districts ISSUE: •Section 6.23.1 prohibits non-residential development within the University Protected and Critical, Cane Creek Critical, and Upper Eno Critical Watershed Overlay Districts, •Staff has determined that the majority of the Cedar Grove Rural Community Activity Node is located within the Upper Eno Critical Watershed Overlay District, •As a result the development potential of this Node is limited, Cedar Grove Rural Community Activity Node: STAFF COMMENT: •Staff does not believe it was the intent of the County to outright prohibit non-residential developments within established Nodes when it adopted the Watershed Overlay Districts in the late 1980's and early 1990's. •Staff believes that there is room for compromise that will allow for development within the Nodes while preserving the integrity of the watershed areas consistent with the various goals of the Comprehensive Plan. PROPOSAL: •Staff is proposing to amend Section 6.23.1 by adding the following language (in bold): ` No commercial or industrial uses are permitted except within esfab/fished Nodes as detailed within the Orange County Comprehensive Plan. ` •This amendment would only permit non-residential development within various protected and critical water sheds in instances where there is an established Node.