7/22/2004
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0407-01) Special Exception Use request to operate a child day care center at
5103 Buena Vista Road. NOTICE OF PLANNING DIVISION APPROVAL
Resolution approving a Special Exception Use for a child day care center at
5103 Buena Vista Road (see attached map).
Carl Dickerson submitted an application for the Special Exception Use cited
above. Ownership of the property was recently transferred to the applicant.
The applicant is seeking to retain the use of the property as a day care
facility. The property is located in an R-3 (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-3
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
principal 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. No
exterior alterations/expansions are planned for the existing structure.
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.
Twenty-six (26) property owners within 300 feet of the parcel were notified by
letter of the proposed Special Exception Use. To date, 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.