1/6/2010
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (EXCP-11-09-2760) Special Exception Use request to operate Personal Care Home
Type III at 10107 Veterans Parkway.
David Britt on behalf of New Birth Church has submitted an application for the
Special Exception Use cited above. The property is located in RE1 (Residential
Estate 1) District. The purpose of the Special Exception Use is to allow for
the operation of a Personal Care Home Type III. The operation would serve as an
accessory use to the existing Church on the property:
-
Access. - Is or will the type of street providing access to the use be adequate to serve the proposed special exception use?
Access to the property is adequate for the proposed use.
-
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?
There will not be a negative impact to the transportation system, nor will
there be any impact to pedestrian safety.
-
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 served by all city services. There will be no impact on
public facilities. A representative from the Fire Marshall?s Office has
informed staff and the applicant that fire protection infrastructure must be
put in place before construction can commence. Also, driveways on the property
if utilized as single lanes must have visible signs prohibiting parking in
those lanes in order for emergency vehicles to access the personal care home
facilities.
-
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 proposed use is not expected to adversely affect neighboring properties.
Issues dealing with parking, loading, external dumpsters / compactors, and
light are addressed in the UDO. Noise impacts are addressed in the City Code.
-
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?
The neighboring properties should not be affected by the hours of operation for
this use.
-
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 proposed use will be compatible with neighboring properties.
Ten (10) property owners within 300 feet of the parcel were notified by letter
of the proposed Special Exception Use. To date, the Planning Department has one
phone call concerned with sediment going into the pond in the rear of the
property.
The Planning Advisory Commission recommended approval at the December 16, 2009
meeting.
The Planning Department recommends that the Council approve the use because the
application for a Special Exception Use meets the criteria for approval.