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1 <br />2 <br />3 <br />4 <br />5 <br />6 <br />7 <br />8 <br />9 <br />10 <br />11 <br />12 <br />13 <br />14 <br />15 <br />16 <br />17 <br />18 <br />19 <br />20 <br />21 <br />22 <br />23 <br />24 <br />25 <br />26 <br />27 <br />28 <br />29 <br />30 <br />31 <br />~~T 2 a3 <br />• Staff believes that there is room for compromise that will allow for development within the Nodes <br />while preserving the integrity of the watershed areas consistent with the various goals of the <br />Comprehensive Plan. <br />PROPOSAL: <br />• Staff is proposing to amend Section 6.23.1 by adding the following language (in bold): <br />` No commercial or industrial uses are permitted except within established Nodes <br />as detailed within the Orange County Comprehensive Plan. ` <br />• This amendment would only permit non-residential development within various protected and <br />critical water sheds in instances where there is an established Node. <br />RATIONALE: <br />• As previously indicated, staff does not believe the County intended to restrict development within <br />the various Nodes when it adopted watershed regulations, <br />• This amendment would allow for a reasonable level of non-residential development within a Node <br />even if it is located within a certain classification of protected or critical watershed, <br />• This amendment would only impact the Cedar Grove Rural Community Activity Node <br />Staff Recommendations: <br />• Receive the staff initiated zoning text amendment proposal including staff's report and <br />presentation materials, <br />• Conduct the Public Hearing and accept comments from all interested parties, <br />• Refer the matter to the Planning Board for a recommendation to be returned in time for the <br />September 1, 2009 BOCC meeting, <br />• Adjourn the Public Hearing until September 1, 2009 in order to receive the Planning Board's <br />recommendation. <br />Orange County Planning Director Craig Benedict said that three quarters of the uses at the <br />intersection of Efland-Cedar Grove Road and Can- Store Road are within the critical area. There has been <br />some difficulty with historic buildings that want to continue commercial operation into the future. This <br />amendment will enable that. <br />32 Commissioner Gordon said that if there is a mechanism to expand outside this area, she would like <br />33 some language to prevent expansion into the watershed. <br />34 Michael Harvey said that the boundaries of the various Nodes can only be changed through a <br />35 Comprehensive Plan Amendment. He said that staff is trying to provide a scenario where the node could be <br />36 utilized as it was originally intended. He said that Orange County was proactive in expanding and being <br />37 stricter in the watershed. <br />38 County Attorney John Roberts said that he would look into it and develop some language. <br />39 There was no public comment. <br />40 A motion was made by Commissioner Jacobs, seconded by Commissioner Hemminger to refer the <br />41 matter to the Planning Board for a recommendation to be returned in time for the September 1, 2009 BOCC <br />42 meeting, and adjourn the public hearing until September 1, 2009 in order to receive the Planning Board's <br />43 recommendation. <br />44 VOTE: UNANIMOUS <br />