2016-0120-S
FINDINGS AND RECOMMENDATION
OFFICE OF PLANNING AND ZONING
ANNE ARUNDEL COUNTY, MARYLAND
APPLICANTS: Patrick & Jennifer Shannahan ASSESSMENT DISTRICT: 1st
CASE NUMBER: 2016-0120-S COUNCILMANIC DISTRICT: 7th
HEARING DATE: September 1, 2016 PREPARED BY: Joan A. Jenkins
Planner II
REQUEST
The applicants are requesting a special exception to allow a child care center other than as a home occupation in an RA – Rural Agricultural District on property located at 3482 Savannah Drive, Davidsonville.
LOCATION AND DESCRIPTION OF SITE
The subject site consists of 1.98 acres and is located with 20 feet of frontage on the southwest side of a private access easement, 295 feet southwest of Savanna Drive. The property is identified as Parcel 57 in Block 18 on Tax Map 54 and specifically Lot 5 of the Shannahan Property subdivision.
The property has been zoned RA – Residential District since the adoption of comprehensive rezoning for the Seventh Councilmanic District, effective October 7, 2011.
The subject property is not located in the Critical Area. The property is currently improved with an existing dwelling.
PROPOSAL
The applicants seek approval to develop the site with a child care center for up to 59 children.
SPECIAL EXCEPTION STANDARDS
§18-11-112 of the Anne Arundel County Zoning Ordinance sets forth the specific requirements for child care centers other than as a home occupation special exception. Additionally, all special exceptions are subject to the general standards contained in §18-16-304 of the Zoning Ordinance.
FINDINGS
The property is oddly shaped; nearly rectangular with an area protruding to the east for the septic area. The proposed development is located on the center of the site.
The site is part of a subdivision platted in 2007. The subdivision plat determined the northeast property line as the front of the lot. Prior to subdivision, the property gained access from Central Avenue (MD 214), a principal arterial road. With subdivision and the creation of six lots, this lot now gains access from a 20-foot wide private access easement that passes by access for other homes. The current 12-foot wide paved access road does not coincide with this easement area. The platted private access easement is 295 feet from Savannah Drive, a designated local road which ends in a cul-de-sac and is off of Petersburg Road, another local road.
The applicants propose to develop the property with a child care center for up to 59 children. By way of letter of explanation they describe a child care center that will provide care for children six months to 12 years of age with potential after care and before care for elementary school-aged children. They write that Davidsonville Elementary School is operating at maximum capacity. They further explain that the property is located five minutes from Route 50 off Central Avenue which is well-traveled by local commuters going to D.C. or Baltimore. They contend that most area parents are two-income families that will need at least some level of daycare while they are working. They write that currently there is only one day care facility in the area that is not affiliated with local churches. Kid’s Farm which is now at maximum capacity for non-school aged children. The applicants have noticed a general shift in neighboring communities of turnover in the demographic from seniors to new families. The location is a working farm and the applicants believe that they would offer a unique and safe environment that would support the growing needs of their community.
The site plan submitted with the application shows the placement of parking spaces on the opposite side of the ingress/egress drive aisle from the building. This configuration creates a necessity for parents and children to walk across the drive aisle to access the building, making an unsafe environment.
A Trip Generation Summary presented by a County engineer shows a substantial increase, approximately 500%, in the average daily trips that would be added to the existing street traffic. It is necessary to travel on three local roads before entering the private access easement which is intended to be used for access to the proposed child care center. A traffic impact study is not required with this application; traffic will be addressed at the development stage.
The property is the subject of an open compliance case Z-2015-1241 was filed November 17, 2015 for “junk and debris complaint”.
Agency Comments
The Health Department commented that additional information is needed on the type and location of the water supply well and the on-site sewage disposal system. Calculations [are necessary] regarding the adequacy of the existing on-site sewage disposal system to handle the proposed use.
The Long Range Planning Division commented that the 2009 GDP and South County Small Area Plan do not contain recommendations specific to the subject site.
The Development Division offered the following comments from a Development review perspective:
1. Per Article 17, Title 4, a Preliminary Plan (PP) and Site Development Plan (SDP) development application must be submitted and approved.
2. The applicant must delineate the LOD and associated square footage on the plan to determine the need for stormwater management. If the LOD is less than 5,000 square feet, a Modification application may be submitted to forego the Preliminary Plan process.
3. As per County Code Section 17-2-107(c), a community meeting is required prior to submittal of the PP, or if a Modification to PP is approved, prior to the application of the SDP.
4. Adequacy of public facilities must be addressed with the development application, including the submittal of a Traffic Impact Study.
5. As per County Code Section 18-3-104, parking is calculated as two spaces per groups of ten children or less. Therefore, the required number of parking spaces is 12; 15 are proposed. It is recommended that the number of spaces be reduced to meet the requirements for environmental site design.
6. The area shown as existing pavement on the plans does not match aerial photography. It must be verified that what is shown on the plan accurately represents what currently exists.
7. As per Article 17, Title 6, Subtitle 3, forest conservation requirements were addressed with the subdivision known as the Shannahan Property, recorded at Plat Book 289, Page 18. However, the subject Lot 5 was exempted because it was created for a single family dwelling for the owners. The proposal is now for a commercial use, therefore, forest conservation requirements must be addressed with the development application.
8. The 12 foot wide existing access road is insufficient in size for two way traffic. The road must be widened to accommodate two-way traffic as well as to address fire access safety issues. It also appears that the existing road is not currently located within the platted access easement. The road must either be relocated to be within the easement or additional easement area will be required.
9. The daycare building and any proposed play equipment are considered to be structures. Coverage by structures in an RA Zoning District, per County Code Section 18-4-301, is 25%. The proposed coverage was not provided in the notes, so this Office cannot determine if this requirement is met. The coverage calculations must be provided with the development application.
10. It appears there will be an over 50% increase in parking. In accordance with the County Landscape Manual, Section III. F. 1., a Landscape Plan, in full compliance with the Landscape Manual, must be submitted with the development application. It appears the buffers will be adequate in size.
11. It is recommended that impervious area, not in use, be removed to meet environmental site design requirements.
Special Exception Requirements
The applicants have addressed all the specific special exception standards in § 18-11-112 for a child care center other than as a home occupation. The site, at 1.98 acres, far exceeds the minimum required area of one acre. Outdoor play areas are shown fenced and will meet the side and rear setbacks for accessory structures in the RA District. Activities on the property appear to be located in a manner to shield surrounding residential property from the effects of noise, hazards, or other offensive conditions. The facility will be located on neither a road that is a scenic nor a historic rural road. No entrance will be on a minor arterial road. The applicants indicate that onsite circulation and parking will be designed to minimize vehicular and pedestrian conflicts and to provide safe areas for dropping off and picking up passengers; however, the placement of parking spaces creates a conflict for pedestrians and vehicles.
Concerning the general special exception standards, it is the opinion of this Office that the proposed use may be detrimental to the public health, safety, or welfare as the private access easement is not wide enough to accommodate two-way traffic or to address fire access safety issues and is used for access to other homes. The use is compatible with the RA – Rural Agricultural District. The applicants must provide sufficient evidence that the proposed facility would be no more objectionable with regard to noise, fumes, vibration, or light than other permitted uses. The proposed use would not conflict with existing or programmed public uses. The proposed use has the written comments from the Health Department and the Office of Planning and Zoning; however, additional information is required to be supplied to the Health Department and Development Division issues must be resolved. The applicants have commented on the need for a child care center; however, must provide sufficient evidence of public need and that the use will meet and be able to maintain adherence to the criteria for the specific use. The applicants are required to demonstrate the ability to comply with the requirements of the Landscape Manual.
RECOMMENDATION
Based upon the standards set forth under § 18-16-304 and § 18-11-112 of the Code under which a special exception may be granted, this Office recommends denial of a special exception to allow a child care center other than as a home occupation in an RA – Residential District.
This recommendation does not constitute a building permit. In order for the applicant(s) to construct the structure(s) as proposed, the applicant(s) shall apply for and obtain the necessary building permits and obtain any other approvals required to perform the work described herein. This includes but is not limited to verifying the legal status of the lot, resolving adequacy of public facilities, and demonstrating compliance with environmental site design criteria.
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LGR/JAJ
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