11/1/2004
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0408-6) Special Exception Use request to operate a child day care center at
4347 Macon Road. NOTICE OF PLANNING DIVISION DENIAL
Denial of a Special Exception Use for a child day care center at 4347 Macon
Road (see attached map).
Gabriel Jones submitted an application for the Special Exception Use cited
above. The applicant is seeking to establish and operate a day care facility
as the primary use on this specific site. The property is located in a R-1A
(Low Density Residential) Zoning District, pending rezoning to R-3 (Medium
Density Residential) Zoning District. Child Day Care Centers are permitted in
a R-3 zoning district only on a site-specific basis upon recommendation of the
Planning Division and final approval of the City 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 surrounding 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 proposed use is not compatible with existing development in the
area. The property is pending rezoning from R-1A (Low Density Residential) to
R-3 (Medium Density Residential). This property is not consistent with future
land use maps of the Columbus Comprehensive Plan, which display this
neighborhood as low density residential. In addition, surrounding primary
land uses support low-density residential use. Therefore, granting of this
Special Exception Use would significantly affect 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 applicant is
requesting a rezoning of the property, the application is 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-nine (29) 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) does not
meet the criteria for approval; therefore, the Planning Division recommends
that the Council deny the use.