HomeMy WebLinkAboutS18-05 Staff Summary BOC 1.7.2019S18-05 Staff Summary BOC 1.7.2019 Page 1 of 9
STAFF SUMMARY OF S18-05
SPECIAL USE PERMIT APPLICATION
APPLICATION SUMMARY
Case Number: S18-05
Request:
Special use permit for a child care center
Applicant: Property Owner(s):
Rhonda S. Williams Delores Ann Flowers
Location: Acreage:
4734 Gordon Road 5 acres
PID(s): Comp Plan Place Type:
R04300-008-008-000 Urban Mixed Use
Existing Land Use: Proposed Land Use:
Single-Family Dwelling Child Care Center
Current Zoning:
R-15
SURROUNDING AREA
LAND USE ZONING
North Single-Family Residential (Weaver Acres) R-15
East Single-Family Residential R-15
South Undeveloped R-15
West Single-Family Residential R-15
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ZONING HISTORY
July 7, 1972 Zoned R-15 (Area 8B)
COMMUNITY SERVICES
Water/Sewer The existing dwelling is served by CFPUA water and a private septic system.
Fire Protection New Hanover County Fire Services, New Hanover County Northern Fire
District, New Hanover County Murrayville Station
Schools Blair Elementary, Eaton Elementary, Trask Middle, and Laney High Schools
Recreation Smith Creek Park, Parkwood Recreation Area
CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES
Conservation No known conservation resources
Historic No known historic resources
Archaeological No known archaeological resources
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Proposed Site Plan
This application proposes to operate
a “child care center” within an
existing single-family dwelling. A
“family child care home” is currently
in operation at the dwelling
(Rhonda’s Precious GEMS).
The Zoning Ordinance currently
classifies child care facilities as two
separate uses: child care centers and
family child care homes. The primary
distinction between the two uses is the
number of children allowed to be
cared for. A family care home may
care for up to eight children
(maximum of two preschool-age
children) and is typically located
within a residence. A child care center
may care for more children and is
usually located in a more
commercially-oriented facility,
although they may also locate within
a residence provided they do not
care for more than 12-15 children,
depending on age (per state
requirements).
This application would allow for the existing child care operation to expand from caring for
a maximum of 8 children to a maximum of 12 children.
The Zoning Ordinance requires the proposed child care center to have a minimum of four
parking spaces. Two spaces are required for the single-family dwelling, and two spaces
are required for the child care center.
Under the current zoning for the property, R-15, family care homes are permitted by-right,
while a child care center requires a SUP.
The North Carolina Department of Health and Human Services (NC DHHS) regulates these
facilities and imposes additional standards that address a variety of safety and health
related issues. In addition to obtaining the SUP, the applicant must also obtain approval
from NC DHHS prior to operating the child care center.
TRANSPORTATION
Access is proposed to be provided to the subject property from Gordon Road (SR 2048).
LAND USE INTENSITY AM PEAK PM PEAK
Day Care Center (ITE 565) 1,600 square feet 18 18
According to NCDOT, trip generation for day centers should be based on the square
footage of the center. The above trip generation reflects the approximate total square
footage of the existing home, although only a portion is used for the child care operation.
No increase in the size of the home is proposed. Staff does not anticipate this request would
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have a substantial traffic impact because if the proposed SUP is approved, it would allow
only four additional children to be cared for at the center.
Traffic Counts – December 31, 2017
Road Location Volume Capacity V/C
Gordon Road East of I-40 28,542 14,730 1.94
Due to the high volume of trips on Gordon Road compared to its capacity, a project to
widen the road has been included in the Cape Fear Transportation 2040 plan, but has not
been funded at this time.
Nearby Planned Transportation Improvements and Traffic Impact Analyses
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Nearby Traffic Impact Analyses:
Traffic Impact Analyses are completed in accordance with the WMPO and NCDOT standards.
Approved analyses will expire if the proposed development is not completed by the build out date
established within the TIA.
Proposed
Development Land Use/Intensity TIA Status
1. Smith Creek
Apartments 318 apartment units Under Review by the WMPO
& NCDOT
A TIA for this development was originally approved in 2014 with a build out date of 2015. Due
to adjacent developments being constructed and approved in the surrounding area prior to the
construction of this project, the WMPO determined that a new TIA was necessary to reflect the
change in conditions.
The previous TIA required the site driveway on Gordon Road to be designed with one ingress
and two egress lanes, and with a 150-foot internal protective stem. The TIA also required right-
of-way dedication along Gordon Road.
In addition to the above mentioned improvements at the site driveway, the current TIA under
review recommends improvements be made at the intersection of Blount Drive and Gordon Road.
A future signal is planned for this intersection, and as a result, it is expected that additional trips
from the apartment complex will utilize this access. The recommended improvements include
installing an eastbound left turn lane on Gordon Road, and a southbound right turn lane on Blount
Drive.
Nearby Proposed Developments included within the TIA:
The Landing at Lewis Creek Estates
Development Status: Site work underway
Proposed
Development Land Use/Intensity TIA Status
2. The Landing at
Lewis Creek Estates
190 Single Family units
40 Townhome units
192 Apartment units
Approved October 17, 2017
2021 Build Out Year
The TIA required improvements be completed at certain intersections in the area. The notable
recommendations consisted of:
Installation of a signal, westbound left-turn lane, and eastbound right-turn on Gordon
Road at Blount Drive.
Extension of the existing northbound right-turn lane on Gordon Road at the I-40
westbound ramp.
Extension of the existing westbound left-turn lane and southbound left-turn lane at the
intersection of Gordon Road and N. College Road.
Nearby Proposed Developments included within the TIA:
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Buy Quick
Development Status: Site work underway
Proposed
Development Land Use/Intensity TIA Status
3. Wilmington
Christian Academy
Expansion
153 Pre-K students and
associated staff
Approved September 14,
2016
2018 Build Out Year
The TIA recommended improvements be completed at certain intersections in the area. The
notable recommendations consisted of:
Installation of turns lanes along Kenningston Street at the site’s driveways.
*When this TIA was approved, State law prohibited NCDOT from requiring schools to install
roadway improvements. Under current regulations, the total cost of any required improvements to
the State highway system must be reimbursed by NCDOT.
Nearby Proposed Developments included within the TIA:
None
Development Status: Completed without the recommended improvements
Nearby NC STIP Projects:
U-5792 & U-5881
o NCDOT’s State Transportation Improvement Program includes two projects (U-5792 &
U-5881) that will upgrade College Road from Gordon Road to New Centre Drive.
NCDOT’s recommended plans for the projects include converting certain intersections
along College Road into interchanges, including at MLK Parkway and Kings Drive.
Construction of these projects is expected to begin in 2024.
U-4751
o STIP project that will extend Military Cutoff from Market Street to I-140. The extension
will also make connections to subdivisions located north of Gordon Road, giving residents
additional options to access Market Street and Military Cutoff. Construction of this
project is underway with an anticipated completion in 2021-22.
ENVIRONMENTAL
The property is not within a Flood Hazard Area.
The property does not contain any Natural Heritage Areas.
The subject property is within the Smith Creek (C;Sw) watershed.
Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on
the property consist of Class II (moderate limitation), and Class III (Severe Limitation). The
existing single-family dwelling is served by a septic system in accordance with
Environmental Health’s standards.
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2016 COMPREHENSIVE LAND USE PLAN
The New Hanover County Future Land Use Map provides a general representation of the vision
for New Hanover County’s future land use, as designated by place types describing the character
and function of the different types of development that make up the community. Specific goals
of the Comprehensive Plan are designated to be promoted in each place type, and other goals
may be relevant for particular properties.
Future Land Use
Map Place Type Urban Mixed Use
Place Type
Description
Promotes development of a mix of residential, office, and retail uses at
higher densities. Types of uses encouraged include office, retail, mixed use,
small recreation, commercial, institutional, single-family, and multi-family
residential.
Analysis
The proposed child care center would be an expansion of an existing
business located in a residential home. It is located in an area that the
Comprehensive Plan ultimately envisions as an Urban Mixed Use node that
would provide goods and services for nearby residents, serving as an
alternative destination to the commercial areas along Market Street.
Because the request is not a new development or redevelopment of the site,
the urban design components of this place type are not included in the
proposal, but a child care center is in line with the types of commercial uses
that would be encouraged in this place type.
Consistency
Recommendation
The proposed child care center is generally CONSISTENT with the types of
commercial uses encouraged in the Urban Mixed Use place type.
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PLANNING BOARD ACTION
The Planning Board considered this application at their December 6, 2018 meeting. Three people
spoke in favor of the request, stating that the child care operation is providing a needed service to
the surrounding community.
The Planning Board recommended approval (6-0) of the application with the following condition:
1. The child care center shall care for a maximum of 12 children at any one time.
STAFF PRELIMINARY CONCLUSIONS AND FINDINGS OF FACT:
Staff has conducted an analysis of the proposed use and the information provided as part of the
application package and has created preliminary findings of fact for each of the conclusions
required to be reached to approve the special use permit request. These preliminary findings of
fact and conclusions are based solely on the information provided to date, prior to any information
or testimony in support or opposition to the request that may be presented at the upcoming public
hearing at the Board meeting.
Finding 1: The Board must find that the use will not materially endanger the public health or
safety where proposed and developed according to the plan as submitted and approved.
A. The site is accessed from Gordon Road, a major arterial street.
B. According to the most recent traffic counts in the area, the daily trips on Gordon Road
exceed the design capacity of the two-lane road. The volume to capacity ratio for the
segment of Gordon Road east of I-40 is 1.94.
C. The proposed child care center is expected to generate 18 trips in the AM and PM peak
hours.
D. The proposal would allow for the existing child care operation to expand from caring for
a maximum of 8 children to a maximum of 12 children.
E. Water services are currently provided by CFPUA. A private septic system serves the site in
accordance with Environmental Health’s standards.
F. The subject property is located in the New Hanover County North Fire Service District.
G. The child care center must be licensed with the North Carolina Department of Health and
Human Services and comply with additional regulations imposed by the agency.
Staff Suggestion: Evidence in the record at this time supports a finding that the use will not materially
endanger the public health or safety where proposed.
Finding 2: The Board must find that the use meets all required conditions and specifications of
the Zoning Ordinance.
A. The site is zoned R-15, Residential District.
B. Child care centers are allowed by special use permit in the R-15 zoning districts.
C. The site plan complies with all applicable technical standards of the Zoning Ordinance
including the off street parking requirements.
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Staff Suggestion: Evidence in the record at this time supports a finding that the use meets all of the
required conditions and specifications of the Zoning Ordinance.
Finding 3: The Board must find that the use will not substantially injure the value of adjoining
or abutting property or that the use is a public necessity.
A. The surrounding area contains a single-family residential development and undeveloped
land.
B. The property is accessed from Gordon Road, a major arterial street.
C. A family child care home is currently in operation on the property which allows for the care
of up to eight school-aged children.
D. The proposed child care center would allow for the care of up to 12 school-aged children.
E. Except for marking the parking spaces located on the grassed areas of the front yard, and
installing signage as permitted by the Zoning Ordinance, there would be no exterior
modifications made to the existing single-family dwelling to accommodate the proposed
child care center.
F. No evidence has been submitted that this project will decrease the property values of
adjacent or nearby properties.
Staff Suggestion: The evidence in the record at this time supports a finding that the use will not
substantially injure the value of adjoining or abutting property.
Finding 4: The Board must find that the location and character of the use if developed according
to the plan as submitted and approved will be in harmony with the area in which it is to be
located and in general conformity with the plan of development for New Hanover County.
A. The 2016 Comprehensive Plan classifies the area proposed for the development as Urban
Mixed Use, and the proposal aligns with general intent of this land use classification. The
proposed child care center would provide a service for the adjacent neighborhoods and is
in line with types of commercial uses that would be encourage in the surrounding area.
Staff Suggestion: Evidence in the record at this time supports a finding that the use is general conformity
with the plan of development for New Hanover County.