PUBLIC HEARING AGENDA REQUEST

Sponsor: 

Board of Supervisors Meeting Date:

Planning Commission

May 8, 2008

Staff Lead:

Department: 

Kimberley Johnson, Zoning Administrator

Community Development

Topic:

A Zoning Ordinance Text Amendment to Section 5-502 to Allow a Waiver of the 100-Foot Setback Requirement Where Educational Uses Utilize an Existing Building

Topic Description: 

The existing special permit and special exception standards for educational uses require that all buildings associated with the use be set back a minimum of 100 feet from any property line adjacent to rural or residential uses.   The proposed text amendment would allow the standard to be waived by the Board of Zoning Appeals (Special Permit) or Board of Supervisors (Special Exception) on a case-by-case basis for existing buildings where such a use is proposed.  The current provisions do not allow consideration or approval of such a waiver request of this nature.

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 Community Christian Fellowship to locate a primary school in the existing church building on Vint Hill Road created an issue because the existing building is set back only 65 feet from an adjoining RA-zoned property.  The existing standards would not allow the use in the building.  Staff believes it is reasonable to provide more flexibility to the Board of Zoning Appeals and Board of Supervisors in considering special permits and special exceptions to allow a school to go into an existing building by waiving the setback requirement.  Depending on the size of the school and the exact character of adjoining properties, a lesser setback could have little or no impact.  Also, the extra setback is not required for preschools or day care centers, which often have children outside playing.   As drafted, the Board of Zoning Appeals or Board of Supervisors would have to specifically find in each case that the lesser setback would not impact adjoining properties. 

The Planning Commission initiated the proposed amendment on March 27, 2008.  After holding a public hearing on April 24, 2008, the Planning Commission unanimously recommended approval of the proposed text amendment.

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

Department of Economic Development