7/15/2014
Honorable Mayor and Councilors
City Manager
City Attorney
Clerk of Council
Subject: (EXCP-5-14-1155) Special Exception Use request to operate a day care type III
as an associated use to a church located at 7230 Flatrock Road.
W. Perrin Nicolson has submitted an application for the Special Exception Use
cited above. The property is located in a RE1 (Residential Estate 1) zoning
district. The site for the proposed day care is approximately 6.34 acres. The
applicant has submitted a site plan, which is attached. The purpose of the
Special Exception Use is to allow for the operation of day care type III (more
than 18 clients) as an associated use to an existing church located in a
residential zoning district:
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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?
Flatrock Road is classified as an undivided arterial that will provide adequate
access for the proposed use. The existing Level of Service (LOS) will go from
A to a LOS B which will still provide a reasonably free flow.
The driveway/access entering the site shall meet the access requirements in
order to accommodate the flow of traffic during the hours of service for the
use. The Planning and Engineering Departments have met with the applicant and
discussed some circulation and access issues to the site. The applicant has
prepared a new layout that is attached.
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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 site allows ingress/egress to an arterial road, which maintains adequate
flow of traffic to and from the subject property. The proposed use will utilize
some of the existing off-street parking for the church since they will not be
operating at the same time. Also, the proposed use shall provide a pick-up and
drop-off facility consistent with City standards, which will contribute to
pedestrian safety and adequate traffic flow.
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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?
Services such as water, sewer, utilities, police, and fire protection will be
adequate and serve the proposed use at this location. Furthermore, there will
be no impact on neighboring schools in the immediate area.
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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?
Off-street parking will be utilized on-site. No side and rear and buffers are
required since the site is surrounded by RE1 zoning classification. Street
buffer shall be provided in accordance of Section 4.5.8. of the UDO. External
dumpsters/compactors and lighting are addressed in the UDO. Noise impacts are
addressed in the City Code.
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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?
The hours of operation for this use will not have an adverse impact on the
neighboring properties in the area. The applicant stated that the proposed day
care will be operating from 6:30 am to 6:30 pm from Monday through Friday;
tutoring on Saturdays from 9:00 am to 12:00 pm; the before school program from
6:30 am to 8:30am; the after school program from 2:30 pm to 6:30 pm. They will
be closed on Sundays.
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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 height, size and location of the proposed structure will be compatible with
other structures on neighboring properties.
Council District: District 6 (Allen)
Twenty Three (23) property owners within 300 feet of the property have been
notified by mail of the proposed Special Exception Use. To date, the Planning
Department received one comment in favor of the request. My Church is in full
support of this request.
Additional Information:
A special exception use is needed in order to build a day care, Type III (more
than 18 clients). The applicant is planning to build the project in 3 different
phases as indicated in the site plan. The first phase of the project will have
approximately 100 children. If the project is fully developed, there will be
approximately 550 children.
They are planning to provide a total of 112 parking spaces, 61 are currently
there. The daycare is an associated use to an existing church (House of God).
The House of God currently has 230 permanent seats. As established in section
3.2.25 of the Unified Development Ordinance, a type III day care shall only be
operated in association with a church, etc.
The project lies alongside the Columbus Fall Line Trace.
The Planning Advisory Commission recommended Conditional Approval at the June
18, 2014 meeting. The recommended conditions are:
1) Buffers shall be required along all public right-of-way, including the Fall
Line Trace, subject to the approval of the City Arborist and Inspections and
Code Department.
2) Parking shall be reviewed and approved by the Traffic Engineering and
Planning Departments before the construction of each phase.
The Planning Department recommends that the Council Conditionally Approves the
use because the application for a Special Exception use meets the criteria for
approval. The conditions are the same as the ones recommended by the Planning
Advisory Commission plus one more condition that is as follows:
3) A traffic study may need to be completed before construction of phase II and
III.