00SN0169-FEB23.pdfFebruary 23, 2000 BS
STAFF'S
REQUEST ANALYSIS
AND
RECOMMENDATION
00SN0169
House of Prayer
Clover Hill Magisterial District
10700 Academy Drive
REQUEST: Amendment to Conditional Use (Case 82S088) to transfer operating rights and
amend the Master Plan for a private school.
PROPOSED LAND USE:
Continued operation of a private school, day care center and related facilities are
planned.
PLANNING COMMISSION RECOMMENDATION
RECOMMEND APPROVAL SUBJECT TO THE CONDITIONS ON PAGE 2.
STAFF RECOMMENDATION
Recommend approval for the following reason:
Conditions of zoning address land use compatibility and would remain applicable regardless
of who operates the private school and day care center. Therefore, the proposed amendment
should not impact the operation of the private school, day care center or area residential
properties.
Providing a FIRST CHOICE Community Through Excellence in Public Service.
(NOTE: CONDITIONS MAY BE IMPOSED OR THE PROPERTY OWNER MAY
PROFFER CONDITIONS. THE CONDITIONS NOTED WITH "STAFF/CPC" WERE
AGREED UPON BY BOTH STAFF AND THE COMMISSION. CONDITIONS WITH
ONLY A "STAFF" ARE RECOMMENDED SOLELY BY STAFF. CONDITIONS WITH
ONLY A "CPC" ARE ADDITIONAL CONDITIONS RECOMMENDED BY THE
PLANNING COMMISSION.)
CONDITIONS
(STAFF/CPC) 1. This Conditional Use shall be granted to and for House of Prayer and
shall not be transferable, nor run with the land. (P)
(Note: This condition supersedes Condition 1 of Case 82S088.)
(STAFF/CPC) 2. The plan submitted with the application and attached to the "Request
Analysis" shall be considered the plan of development. (P)
(Note: This condition supersedes Condition 2 of Case 92S088.)
(Note: All other conditions of Case 82S088 relative to the operation of a private school remain in
effect.)
GENERAL INFORMATION
Location:
North line of Academy Drive, east of Condrey Ridge Drive, and better known as 10700
Academy Drive. Tax ID 744-693-9360 (Sheet 10).
Existing Zoning:
A with Conditional Use to allow a private school and a Conditional Use Planned
Development to permit a 195 foot communications tower.
Size:
15.8 acres
Existing Land Use:
Private school and day care center
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Adjacent Zoning & Land Use:
North - R-12; Powhite Parkway right of way
South - R-9; Single family residential
East - A; Single family residential or vacant
West - A; Single family residential or vacant
UTILITIES
Public Water System:
There is an existing eight (8) inch water line extending along Condrey Ridge Drive in Solar
II Subdivision and ending approximately 120 feet southwest of the request site. The site is
served by an existing private well system and it is the intent of the applicant to continue to
utilize the well. While use of the public water system is recommended, use of a private well
system is permitted under the existing Conditional Use. Should a building permit be issued
for new construction on the request site, use of the public water system will be required by
County Code.
Private Well:
Continued use of the private well must be approved by the Health Depamnent.
Public Wastewater System:
There is an existing eighteen (18) inch wastewater trunk line extending along a tributary of
Falling Creek, approximately 320 feet west of the request site. The public wastewater system
is not available without an extension to serve the request site. The site is served by an
existing private septic system. While use of the public wastewater system is recommended
by the Utilities Depamnent, use of the public wastewater system is not required.
Private Septic System:
Continued use of the private septic tank and drainfield system must be approved by the
Health Department.
PUBLIC FACILITIES
Fire Service:
This property is currently served by the Wagstaff Circle Fire/Rescue Station, Company
Number 10 and Manchester Rescue Squad.
Transportation:
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This amendment will not increase the anticipated traffic impact of the development. In 1980,
the Board of Supervisors approved a Conditional Use (Case 80S 163) to operate a day care
facility within the existing structures on the property. In 1982, the Board of Supervisors
approved another Conditional Use (Case 82S088) which permits a private school (grades K -
12) to also operate on the property. Conditions imposed with that approval limits enrollment
for the private school to a total of 180 students and enrollment for the day care facility to 100
children. The two (2) requested amendments to the previously approved Conditional Use
for the private school~day care will not change the limitations of enrollment at either of the
facilities.
LAND USE
Comprehensive Plan:
The request property lies within the boundaries of the Powhite/Route 288 Development Area
Plan which suggests the property is appropriate for public/semi-public and medium density
residential uses.
Area Development Trends:
Adjacent properties are zoned Agricultural (A) and Residential (R-9) and have been
developed for single family residential uses or are vacant.
Zoning History:
On December 10, 1980, the Board of Supervisors, approved a Conditional Use to permit a
day care center at an existing church complex (Case 80S163). On November 24, 1982, the
Board of Supervisors approved a Conditional Use to permit a private school (Case 82S088).
Condition 3 of Case 82S088 limited the number of students enrolled at the private school to
180, and at the same time limited the number of children enrolled at the day care center at
100. On February 27,1991, the Board of Supervisors, approved an amendment to
Conditional Uses (Cases 80S163 and 82S088) deleting the restriction on operating rights of
a day care center.
As noted herein, amendment is requested to allow the transfer of operating rights for the
private school to House of Prayer and amend the Master Plan for a private school.
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Site Design:
When the Conditional Use was granted to allow the private school, a condition was imposed
requiring compliance with a Master Plan which showed that the first floor of Building A
would be used as the day care; the second floor of Building A would be used for grades K -
12; and that Building C would be utilized as the gym (see attached Master Plan). The current
proposal would allow the flexibility to utilize the structures for any of the uses permitted by
the Conditional Use. (Condition 2)
The site has been developed for, an is occupied by, a church complex wkh associated
recreational facilkies and driveway and parking areas. Condkion 5 of Case 82S088 prohibks
additions to the existing structures to accommodate the private school and day care center
uses.
Operating Rights:
Conditions of the 1982 case limit the operation of the private school to Christ Community
Church. This amendment would allow the House of Prayer to operate the private school.
(Condition 1)
CONCLUSIONS
As noted herein, the request property is occupied by a private school and day care center. The current
request is for amendment to Conditional Use (Case 82S088) to transfer operating rights and amend
the Master Plan for the private school. This amendment should not impact the operation of private
school or area residential properties since other conditions address land use concerns, regardless of
who operates the private school.
Given these considerations, approval of this amendment would be appropriate.
CASE HISTORY
Planning Commission Meeting (1/18/00):
The applicant accepted the recommendation. There was no opposkion present.
On motion of Mr. Gulley, seconded by Mr. Marsh, the Commission recommended approval
of this request subject to the condkions on page 2.
AYES: Unanimous.
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The Board of Supervisors, on Wednesday, February 23, 2000, beginning at 7:00 p.m., will take under
consideration this request.
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A
R-12
Case #: 00SN0169
AMEND C.U.
Sheet #: 10
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