9/2/2003
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (ZC0307-2) Special Exception Use request to allow a day care center at 2100
Hilton Avenue and 2500 Woodcrest Drive. NOTICE OF PLANNING DIVISION APPROVAL.
Resolution approving a Special Exception Use to allow a day care center at 2100
Hilton Avenue and 2500 Woodcrest Drive (see Attached Map).
The applicant, St. Thomas Episcopal Church, submitted applications for a
rezoning and a Special Exception Use at the above referenced properties. The
properties encompass 11.98 acres in an R-1A (Low Density Residential) zoning
district. The applicant has operated a day care center (as an existing,
non-conforming use) on the properties for 43 years. The day care center is
currently open for 3-year olds and 4-year olds from 8:00 AM to Noon, Monday
through Friday. The church seeks to expand its hours from 8:00 AM to 5:00 PM.
Once the hours are expanded beyond 4 hours, then a Certificate of Occupancy
(CO) is required. Since an existing, non-conforming use cannot be expanded, a
CO cannot be issued; therefore, the properties must be rezoned and a Special
Exception Use must be granted in order to expand the hours. Day care centers
are allowed in an R-3 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 already operates the day care center within the existing
structure located on the property. The day care center meets State of Georgia
certification requirements and is licensed by the State. The state?s
regulations for child day care centers are designed to protect the health,
safety, and welfare of the children.
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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 currently taking place on the
property.
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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 being rezoned from R-1A to R-3. Since the uses
currently exist, then it is compatible.
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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 only refers to structures. Since no structure is being
built or expanded, then the Buffer Ordinance does not apply to this situation.
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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 Hilton Avenue. The size of the
properties and the placement of the buildings allows for most of the properties
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 has complied 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.
Fifty-five (55) 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 received some comments
concerning this project.
The Planning Division recommends that the Council approve the Special Exception
Use.
