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The other disadvantage of the current process is that, since we are adding an overlay Metro Plan <br />designation and overlay zone to the areas, people are not notified as far in advance of the <br />Planning Commission public hearing as they would be if a specific plan were being developed <br />for the area. Although staff have provided additional information with public hearing notices and <br />drop-in information sessions prior to the public hearings, and staff and Planning Commissioners <br />have attended neighborhood meetings to discuss nodal development, we appreciate the concern <br />expressed by residents and businesses with the short timeframe for action on these eight areas. <br /> <br />Finally, we are concerned that the current process is about regulation, not about assistance or <br />incentives to those wish to achieve nodal development concepts. <br /> <br />Concerns with the Current Code <br /> <br />Most of the testimony we have heard objecting to the actions before us have been objections or <br />concerns about specific provisions in the/ND Nodal Development overlay zone. As noted <br />above, the majority of the testimony has been in support of the concept of nodal development -- <br />but not the overlay zone regulations that would implement it. A minority of those testifying <br />stated that the concepts of nodal development weren't appropriate in their vicinity. <br /> <br />The concerns fall into three general categories: 1) specific commercial zone requirements, <br />2) specific residential zone requirements and 3) adjustment review. In evaluating these concerns, <br />we reviewed the original May 2000 draft of the/ND Nodal Development zone and considered <br />the extent to which amendments to the draft, either through policy decisions or drafting errors, <br />had led to the concerns we have heard in testimony. Based on our evaluation, we believe that <br />many of these concerns are valid and that amendments to the/ND Nodal Development overlay <br />zone should be considered as soon as possible. <br /> <br />In our discussion, we tried to find a balance between being so prescriptive that no development <br />occurs and being so liberal that nothing changes. We tried to consider the implications for <br />residential and commercial development, for new development and expansion of existing <br />development, and for large and small lot development. Each circumstance, of course, provides <br />its own unique challenges and opportunities. <br /> <br />The following provides a smnmary of the concerns and a list of amendments to the/ND Nodal <br />Development overlay zone recommended by the Planning Commission. The Planning <br />Commission is requesting that the Council initiate these amendments to the/ND Nodal <br />Development overlay zone. <br /> <br /> Commercial Zone Requirements. <br /> <br /> Of the commercial zone concerns heard in testimony, the one we have heard most often -- from <br /> both large and small commercial property owners and businesses -- is with the 1:1 minimum <br /> floor area ratio (FAR) requirement. <br /> <br /> <br />