8/1/2003
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0306-9) Special Exception Use request to operate a child day care center at
1115 Brown Avenue (Old Easter Seals Building). NOTICE OF PLANNING DIVISION
APPROVAL
Resolution approving a Special Exception Use for a child day care center at
1115 Brown Avenue (Old Easter Seals Building) (see attached map).
Sabrenna Thomas submitted an application for the Special Exception Use cited
above. The property is located in an R-3A (Medium Density Residential)
District. The purpose of the Special Exception Use is to operate a child
daycare center on the property. Child day care centers are permitted in an
R-3A zoning district only on a site-specific basis upon approval of the
Planning Division and the Council 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 subject property. The property must meet the State
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 these 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 use is not expected to cause substantial injury to the value of
other property. No exterior alterations are planned that would diminish the
overall character of the neighborhood. The proposed use will not generate
adverse impacts such as traffic congestion, noise, or visual concerns.
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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 proposed use is compatible with existing development in the area. Most of
the area has transformed to A-O uses in the last several years. Granting the
Special Exception Use would not cause significant change to the overall
character of the neighborhood.
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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?
State regulations will require some type of fencing for the safety and welfare
of the children attending the day care center. Since the zoning is not being
changed, the request is not subject to the City=s Buffer Ordinance.
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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?
Regarding designated areas for loading and unloading of children, the State
will require the applicant to provide such an area. The site plan submitted
with the Special Exception Use application depicts adequate off-street
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-seven (37) property owners within 300 feet of the parcel were notified
by letter of the proposed Special Exception Use. The Planning Division has not
received any comments about the Special Exception Use request.
The application for a Special Exception Use (Child Day Care Center) meets the
criteria for approval, therefore, the Planning Division recommends that the
Council approve the use.
