Board of Supervisors Meeting Date:

Planning Commission 

June 12, 2008

Staff Lead:


Kimberley Johnson, Zoning Administrator

Community Development 


A Zoning Ordinance Text Amendment to Section 3-305.1 to Add Preschool/Day Care Center/Nursery as a Use in the C-2/Commercial Highway Zoning District

Topic Description: 

The proposed text amendment would allow a preschool/day care center to be operated from the C-2 Zoning.  The use is not currently permitted in C-2.


Requested Action of the Board of Supervisors:

Conduct a public hearing and consider adoption of the attached Ordinance.


Financial Impact Analysis:

No financial impact analysis has been conducted.


Summary Staff Report:

A recent proposal by the Cross Creek Shopping Center developers to locate a day care center within one of the bays of their approved retail center brought to staff’s attention the fact that day care is not a permitted use in the C-2 zoning district, although it is allowed by-right in C-1 and C-3 and with a special permit in I-1.    This proposed text amendment would add the use to the C-2 Zoning District, allowing a day care center to be among the mix of uses that could be located within a shopping center built in the C-2 district. 

The Planning Commission initiated the proposed text amendment on March 27, 2008.  On April 24, 2008 the Commission held a public hearing on the amendment and unanimously recommended approval.  Staff is recommending that the use be approved as a by-right use rather than a special permit use.   Staff would note that the issue of whether the use should be a special permit or by-right was not specifically addressed by the Planning Commission.  Rather, staff made an error in presenting the change to the Planning Commission, proposing that it be added as a special permit use and mistakenly characterizing this approach as being consistent with the requirements for the other commercial zoning districts, C-1 and C-3.   Since the use is actually by-right in C-1 and C-3, staff recommends that the Board of Supervisors approve the text amendment with the use also being allowed by-right in the C-2 district.

Identify any other Departments, Organizations or Individuals that would be affected by this request:

Department of Economic Development

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