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Home My WebLink AboutS23-03 BOC Staff Report - FinalS23-03 Staff Report BOC 8.7.2023 Page 1 of 10 STAFF REPORT FOR S23-03 SPECIAL USE PERMIT APPLICATION APPLICATION SUMMARY Case Number: S23-03 Request: Special Use Permit for a Child Care Center Applicant: Property Owner(s): Chris Baker on behalf of The Sanctuary Church of Wilmington The Sanctuary Church of Wilmington Location: Acreage: 6687 Carolina Beach Road 7.47 PID(s): Comp Plan Place Type: R08200-002-028-000 Community Mixed Use, General Residential Existing Land Use: Proposed Land Use: Religious Assembly Child Care Center Current Zoning: R-15 Residential SURROUNDING AREA LAND USE ZONING North Residential R-15 East Residential R-15 South Residential R-15 West Residential R-15 S23-03 Staff Report BOC 8.7.2023 Page 2 of 10 ZONING HISTORY April 7, 1971 Initially zoned R-15 (Area 4) COMMUNITY SERVICES Water/Sewer Site is currently served by CFPUA water and private septic facilities. If approved, upgrades to the existing septic system will be required to accommodate the additional child care use. Fire Protection New Hanover County Fire Services, New Hanover County Southern Fire District, New Hanover County Federal Point Station Schools Anderson Elementary, Murray Middle, and Ashley High Schools Recreation Monterey Heights Park and Veterans Park CONSERVATION, HISTORIC, & ARCHAEOLOGICAL RESOURCES Conservation The County’s Conservation Resources Map indicates the site to have no conservation resources. Historic No known historic resources Archaeological No known archaeological resources S23-03 Staff Report BOC 8.7.2023 Page 3 of 10 APPLICANT’S PROPOSED PLAN Existing Site Conditions • The applicant is requesting a special use permit for a childcare center for up to 60 children 0-12 years old from 7:00 AM to 6:00 PM daily. • The subject site is located on approximately 7.47 acres located on Carolina Beach Road. • The property is currently zoned R-15 with an existing religious assembly structure. The addition of the child care use will require upgrades to the existing structure to meet the building and fire code requirements specific to child care centers. • The are no proposed modifications to the exterior of the site. • The site plan shows the existing location of the building, driveway, and parking area. The existing building will be used for the childcare center. • Site access is proposed through a right-in right-out access driveway from Carolina Beach Road. ZONING CONSIDERATIONS • The R-15 zoning district in this area was established in 1971. At the time, the purpose of the R-15 district was to ensure that housing served by private septic and wells would be developed at low densities. • Section 4.2.1 of the UDO allows for a childcare center within the R-15 zoning district, with a Special Use Permit. N Existing Building Existing Parking Existing Driveway S23-03 Staff Report BOC 8.7.2023 Page 4 of 10 • This facility is subject to a state operating license. According to the applicant, the NC State Division of Child Development and Early Education Consultant has viewed the existing building and recommended it as suitable for child care needs under the division’s review standards pertaining to building size, indoor and outdoor space arrangements, and health and safety hazards. • One parking space is required for every 10 children served by the facility. Existing parking for the church exceeds the minimum required for the child care center. • The Unified Development Ordinance requires a special use permit approved by the Board of Commissioners to allow for the use of Child Care Center. • If approved, the project would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full compliance with all ordinance requirements and specific conditions included in the approval. Only minor deviations from the approved conceptual plan, as defined by the UDO, would be allowed. S23-03 Staff Report BOC 8.7.2023 Page 5 of 10 AREA DEVELOPMENT S23-03 Staff Report BOC 8.7.2023 Page 6 of 10 TRANSPORTATION CURRENT CONDITIONS Intensity of Current Zoning 20,000 SF religious assembly space PROPOSED ACCESS Primary Access Carolina Beach Road via a right-in right-out access driveway. Secondary Access N/A EXISTING ROADWAY CHARACTERISTICS Affected Roadway Carolina Beach Road Type of Roadway NCDOT Principal Arterial Road Roadway Planning Capacity (AADT) 41,369 vehicles per day Latest Traffic Volume (AADT) 35,500 (2021) S23-03 Staff Report BOC 8.7.2023 Page 7 of 10 Latest WMPO Point-in-Time County (DT) 36,509 (3/2022) Current Level of Congestion Near Capacity TRAFFIC GENERATION Traffic Generated by Present Designation Traffic Generated by Proposed Designation Potential Impact of Proposed Designation AM Peak Hour Trips 6 47 +41 PM Peak Hour Trips 10 47 +37 TRAFFIC IMPACT ANALYSIS (TIA) The estimated traffic generated from the site is under the 100 peak hour threshold that triggers the ordinance requirement for a Traffic Impact Analysis (TIA). SUMMARY The proposed project is located along a NCDOT principal arterial road, the capacity of which is 41,369 VPD. The proposed project’s peak hour traffic is below the 100 peak hour threshold requiring a traffic impact analysis. The proposed hours of operation are from 7:00 AM to 6:00 PM daily. ENVIRONMENTAL • The subject property is not within any Special Flood Hazard Areas. • The property is not within a Natural Heritage Area. • The subject property is located within the Lords Creek Watershed. • The New Hanover County Conservation Resources Map indicate no wetlands are present on the site. • Per the Classification of Soils in New Hanover County for Septic Tank Suitability, soils on the property consist of Class I (suitable/slight limitation) and upgrades to the existing septic system will be required to accommodate the additional child care use. OTHER CONSIDERATIONS Context and Compatibility • The applicant will be utilizing an existing building and outdoor space for children. • The NC State DCDEE has reviewed the existing structure and recommended it as suitable for childcare needs under the division’s review standards pertaining to building size, indoor and outdoor space arrangements, and health and safety hazards. • The surrounding development is predominantly single-family residential. The child care facility would provide an additional community level service to the existing neighborhoods in the area. S23-03 Staff Report BOC 8.7.2023 Page 8 of 10 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. These place types are intended to identify general areas for particular development patterns and should not be interpreted as being parcel specific. Future Land Use Map Place Type Community Mixed Use and General Residential Place Type Description The community mixed use place type focuses on small-scale, compact, mixed use development patterns that serve all modes of travel and act as an attractor for county residents and visitors. Types of appropriate uses include office, retail, mixed use, recreational, commercial, institutional, and multi- family and single-family residential. General residential place types focus on lower-density housing and associated civic and commercial services. Typically, housing is single-family or duplexes. Commercial uses should be limited to strategically located office and retail spaces, while recreation and school facilities are encouraged throughout. Types of uses include single-family residential, low- density multi-family, residential, light commercial, civic, and recreational. Analysis The subject property is located along a major roadway corridor, Carolina Beach Road, with single family dwellings on each side. Within the vicinity along Carolina Beach Road are institutional and residential uses. The Comprehensive Plan classifies the property as Community Mixed Use, which allows commercial uses that support nearby residents. The General Residential place type recommends single-family and low-density residential development along with light commercial and recreational uses. This type of use would provide support services in close proximity to existing and future residential uses. The proposed use would provide an additional community level service to nearby residential areas at a site that currently acts as a transition from the highway to adjacent low density residential uses. S23-03 Staff Report BOC 8.7.2023 Page 9 of 10 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. Conclusion 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. Site is currently served by CFPUA water and private septic facilities. If approved, upgrades to the existing septic system will be required to accommodate the additional child care use. B. The subject property is located in the New Hanover County Southern Fire Service District. C. Access to the site will be provided by a right-in right-out access driveway to Carolina Beach Road. D. The National Wetlands Inventory and the New Hanover County Conservation Resources Map indicate no wetlands are present on the site. E. The proposed use will generate an estimated additional 41AM/37PM peak hour trips. F. The NC State DCDEE has reviewed the existing structure and recommended it as suitable for childcare needs under the division’s review standards pertaining to building size, indoor and outdoor space arrangements, and health and safety hazards. G. A Fire Services inspection has identified required upgrades to the interior of the facility that will need to be complete prior to occupancy of the building for a child care center. Conclusion 2: The Board must find that the use meets all required conditions and specifications of the Unified Development Ordinance. A. A Child Care Center is allowed by Special Use Permit in the R-15, Residential zoning district. B. The existing structure is in full compliance with the dimensional standards of Section 3.2.8 for R-15. Front and side street setbacks of 25’ and 10’, respectively, have been met by the existing structure. C. One parking space is required for every 10 children served by the facility. Existing parking for the church exceeds the minimum required for the child care center. Conclusion 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 proposed child care center is located within a religious assembly in close proximity to several existing residences. B. The land use in the immediate vicinity of the subject site is mainly residential. S23-03 Staff Report BOC 8.7.2023 Page 10 of 10 Conclusion 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 Comprehensive Land Use Plan for New Hanover County. A. The subject site currently has a religious assembly building. B. The site is bounded by residentially zoned property. C. No known cultural or archaeological resources are identified on site. D. Land uses in the immediate vicinity of the subject site are residential. E. The Comprehensive Plan classifies the property as Community Mixed Use and General Residential. The intent of the Community Mixed Use place type focuses on small-scale mixed- use development that serves all modes of traffic and includes uses such as recreational and institutional. General Residential place type focuses on lower density residential, and recreation and school facilities are encouraged. The proposed use would provide an additional community level service to nearby residential areas at a site that currently acts as a transition from the highway to adjacent low density residential uses. EXAMPLE MOTIONS Example Motion for Approval: Motion to approve, as the Board finds that this application for a Special Use Permit meets the four required conclusions based on the findings of fact included in the Staff Report. [OPTIONAL] Note any additional findings of fact related to the four required conclusions [OPTIONAL] Note any conditions be added to the development: [List Conditions] Conditions may be added to a Special Use Permit with the consent of the applicant. Example Motion for Denial: Motion to deny, as the Board cannot find that this proposal: 1. Will not materially endanger the public health or safety; 2. Meets all required conditions and specifications of the Unified Development Ordinance; 3. Will not substantially injure the value of adjoining or abutting property; 4. Will be in harmony with the area in which it is to be located and in general conformity with the Comprehensive Land Use Plan for New Hanover County. [State the finding(s) that the application does not meet and include reasons why it is not being met]