4/16/2003
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0301-3) Special Exception Use request to allow a day care center at 322 25th
Avenue. NOTICE OF PLANNING DIVISION APPROVAL.
Resolution approving a Special Exception Use to allow a day care center at 322
25th Avenue (see Attached Map).
The applicants, Ruby and Samuel Shelton, submitted an application for a Special
Exception Use at the above referenced property. The property encompasses 0.90
acre in an R-4 (High Density Residential) zoning district. The applicant seeks
to operate a day care center on the property. Day care centers are allowed in
an R-4 district only on a site-specific basis and upon approval by the Planning
Division and the Council. The granting of a Special Exception Use must be
based upon the following criteria and conditions:
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Access. - Is or will the type of street providing access to the use be adequate to serve the proposed special exception use?
The applicant intends to operate the day care center within the existing
structure located on the property. The property must meet State of Georgia
certification requirements. The state?s regulations for child day care centers
are designed to protect the health, safety, and welfare of the children.
Before a license can be obtained to operate the center, the applicant must
comply with state regulations.
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Traffic and Pedestrian Safety. - Is or will access into and out of the property be adequate to provide for traffic and pedestrian safety, the anticipated volume of traffic flow, and access by emergency vehicles?
The proposed Special Exception Use will not be injurious to the surrounding
property values since the proposed use is located in an existing structure
and the southwest property line is bordered by C-3 properties.
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Adequacy of Public Facilities. - Are or will public facilities such as schools, water or sewer utilities, and police or fire protection be adequate to serve the special exception use?
The subject property is zoned R-4. The uses located on this block are not
consistent with the R-4 zoning district but are compatible with existing
land-uses. The area north of the proposed day care is single family
residential and the area south is mostly commercial along Cusseta Road.
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Protection from Adverse Affects. - Are or will refuse, service, parking and loading areas on the property be located or screened to protect other properties in the area from such adverse effects as noise, light, glare or odor?
The Buffer Ordinance does not require buffering or screening along the property
lines because the day care will be in an existing structure and because the
zoning is not changing.
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Hours of Operation. - Will the hours and manner of operation of the special exception use have no adverse effects on other properties in the area?
Parking for the property will be accessed from 25th Avenue. The size of the
lot and the placement of the building allows for much of the lot to serve as
parking.
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Compatibility. - Will the height, size or location of the buildings or structures on the property be compatible with the height, size, character or location of buildings or other structures on neighboring properties?
The applicant must comply with procedures and regulations established by the
Child Care Licensing Section of the Office of Regulatory Services. Zoning
verification is one of the requirements for obtaining licensing as a child care
facility.
Thirty-six (36) property owners within 300 feet of the parcel were notified by
letter of the proposed Special Exception Use and the required notification sign
was posted on the property. The Planning Division did not receive any comments
concerning this project.
The Planning Division recommends that the Council approve the Special Exception
Use.