PUBLIC HEARING AGENDA REQUEST

Sponsor:

Board of Supervisors Meeting Date:

Raymond E. Graham, Chairman, Cedar Run District Supervisor

 

November 9, 2006

 

Staff Lead:

Department:

Kimberley Johnson, Zoning Administrator

 

Community Development

 

Topic:

 

A Proposed Zoning Ordinance Text Amendment to Article 5 to Clarify and Amend the Administrative Permit Process and to Allow Special Exceptions and Special Permits to be Approved as Part of a Rezoning

 

Topic Description:

This text amendment is one of a series of text amendments being brought forward to improve the clarity and flexibility of the Zoning Ordinance, with particular emphasis on supporting and promoting business development.  This amendment clarifies the procedures for Administrative Permits.  It also adds provisions allowing Special Exception and Special Permit approvals to be incorporated into a Rezoning approval, reducing the length of the overall process.

 

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:

 

The existing Zoning Ordinance includes provisions for certain uses to be authorized through an administrative permit granted by the Zoning Administrator.  However, the regulations are not entirely clear with respect to the procedures and standards for such permits.  In addition, the requirements are scattered throughout the Ordinance, embedded in different sections for different administrative uses.  This amendment consolidates the administrative process language and adds language to the Ordinance to clarify the procedures and application of standards.  Most of the changes represent a clarification of existing interpretation to the Ordinance.  Such clarification is particularly important as Administrative Permits become a more frequently utilized tool for facilitating commercial development.

Another significant substantive change being proposed is to allow approval of a special permit or a special exception as part of a rezoning application. The proposed new language in Section 5-001(4) is intended to simplify the additional approval process for public utilities and other development proposals already going through a rezoning process. 

The change allows a public utility use or other use which has already gone through the rezoning process to skip any additional special exception or special permit processes for approved uses where, as part of the rezoning process, the specific use was approved and all special exception or special permit conditions were specifically addressed during the rezoning process.   Such an approach does not diminish the ability of the public to comment on the issues related to a possible use, but merely rolls that discussion into the discussion on the broader rezoning, saving applicants significant processing time later in the review process.   If an applicant is not ready to address the more specific issues typically raised by special exception or special permit approval, the applicant can continue to utilize the current multi-step approval process of rezoning followed by special exception or special permit approval.   This amendment will particularly benefit public and business uses, since they are the uses most frequently requiring special permit and special exception approval through the Ordinance. 

The Board of Supervisors initiated the text amendment at their August 10, 2006 meeting. 

The Planning Commission held a work session on the text amendment on October 16, 2006.

 

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

Department of Economic Development

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