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STAFF REPORT

Town Council Meeting, January 28, 2010

LDO Amendments – Round 13, Item A (PL10-006f)
Consideration of a proposed amendment to the Land Development Ordinance pertaining to Day Care Homes.

Speaker: Ms. Debra Grannan

From: Jeffery G. Ulma, AICP, Planning Director

Prepared by: Debra Grannan, Senior Planner

Approved by: Benjamin T. Shivar, Town Manager

Approved by: Michael J. Bajorek, Assistant Town Manager

Executive Summary: There have been occasional complaints regarding neighborhood impacts such as increased traffic and noise generated by day care homes. This prompted the Town Council to ask staff to evaluate the current regulations pertaining to day care homes so that impacts to adjacent property owners could be further considered.

Eleven proposed Round 13 LDO amendments were presented for public hearing on October 22, 2009. After receiving a unanimous recommendation for approval from the Planning and Zoning Board, seven of the Round 13 Items were presented to Town Council on January 14, 2010 for final action. Three of the remaining items, including this Item 13A, did not receive a unanimous recommendation for approval from the Planning and Zoning Board and are being presented to the Town Council for final action on January 28, 2010. One item (Item 13F-Signs) was modified after the initial public hearing and a second public hearing was conducted on January 14, 2010.

Schedule for LDO Amendments- Round 13, Item 13A:

Planning and Development Committee	August 20, 2009
Advertisements in The Cary News	October 7, 2009 October 14, 2009
Public Hearing	October 22, 2009
Planning and Zoning Board Work Session	November 9, 2009
Planning and Zoning Board Meeting	December 21, 2009
Final Action by Town Council	January 28, 2010
Effective	Upon Adoption

The proposed amendment would:

· Reduce the maximum number of children allowed in a small day care home from eight to six.

(A Special use permit would be required for the care of more than six children at any given time).

· Clarify and expand standards for small and large day care homes

· Allow for the continued operation of small and large day care homes that comply with current regulations

· Clarify that Day Care Homes are Accessory Uses

· Remove the requirement for a vehicle stacking lane for Day Care Centers.

Town Council Public Hearing

The Town Council public hearing was held on October 22, 2009. Three care providers spoke in opposition of the proposed threshold reduction for small day care homes. Each provider described the important service they are providing to the community. Since the state limits the number of pre-school children in a small day care home to five, the providers felt that the Town of Cary’s additional restrictions would remove a care option of school age children before and after school. One provider suggested removing the limit of six children in a 24-hour period and that the limits should be based on how many children are in care at a given time. Several council members expressed being open to considering these comments as the amendment moves through the evaluation process.

Planning and Zoning Board Work Session

Staff reported that concerns from adjacent property owners regarding day care uses are often related to traffic, noise and on-street parking. Enhanced parking and drop off requirements will address a portion of this issue. Even if a reduction to the number of children that may be in care at one time under an Accessory Use Permit is not reduced, requiring a Special Use Permit when more than eight children are in care during a 24-hour period would help address the traffic concerns.

Staff noted that the proposed Ordinance amendments also provided a better understanding of “related” children and other standards that are enforced through the Accessory Use or Special Use Permit process.

Planning and Zoning Board Meeting and Recommendation

There was concern that counting the total number of children in all shifts in determining if a special use permit is required would create an additional obstacle for day care providers and the families they serve. Another member pointed out that the amendment would not change how many children could be kept, but would only affect the approval process and allow the neighbors to have some input and weigh in on issues if a proposed day care meets a certain size (or intensity) threshold. It was further suggested that the Board find a middle ground to balance issues of the neighbors, clients and care providers rather than only respond to complaints.

The Planning and Zoning Board recommended approval of the proposed amendment, as further revised, by a vote of 6-1. If adopted, this would require a Special Use Permit for the keeping of more than six children at any given time in a day care home.

CHAPTER 12 DEFINITIONS

12.1 Interpretations

12.2 Rules of Construction and Interpretation

12.3 Use Classifications

12.3.3(D) Day Care

This use category includes facilities licensed by the State of North Carolina Division of Child Development that provide care, protection, and supervision for children or adults on a regular basis away from their primary residence for less than 24 hours per day. This category does not include public or private schools or facilities operated in connection with an employment use, shopping center, or other principal use, where children are cared for while parents or guardians are occupied on the premises or in the immediate vicinity. Accessory uses include offices, recreation areas, and parking. Specific use types include:

(1) Day Care Center:

A "stand-alone" commercial day care facility intended for the care of nine three (3) or more children of any age or more than six (6) adults.

(2) Day Care Home, Large:

A day care facility established in a residential dwelling in which the occupant of the dwelling provides for the care and keeping of up to seven (7) to twelve (12) unrelated children not related to the care provider by birth, marriage or adoption when any preschool-aged children are in care, or for up to fifteen unrelated children when only school-aged children are in care or between four (4) and six (6) adults.

(3) Day Care Home, Small

A day care facility established in a residential dwelling for the care and keeping of up to eight six (6) unrelated children not related to the care provider by birth, marriage, or adoption where no more than five may be of pre-school age or up to three (3) adults.

CHAPTER 5

Table 5.1-1 Table of Permitted Uses –General Use Districts (Except TC & CT)

Link: Table 5.1-1 Table of Permitted Uses

Table 5.1-2; Table of Town Center (DT) District Uses

Link: Table5.1-2 Table of Town Center (TC) District Uses

SECTION 5.2 USE SPECIFIC STANDARDS

5.2.2 Public/Institutional Uses

5.2.2 (B) Day Care Day Care Centers

(1) Stand Alone Day Care Centers

(a) (1) The center shall provide a fenced play area as required by the General Statutes. The fence shall be a solid (opaque) fence at least four feet high. This requirement is not applicable for adult day care homes;

(b) (2) Landscaping shall be provided in order to blend the center into the neighborhood, screen its purely functional aspects from the street and neighboring yards, and absorb and/or deflect any excessive noise; and

(c) (3) The structure in which the center is located is similar in appearance to the character of the neighborhood in terms of architectural style, predominant building materials, building mass and height, and setbacks

(d) (4) If a new center is proposed for property in a residential district, then all the development standards of this Ordinance shall be met, and minor modifications or other reductions to the standards shall not be granted.

(e) (5) If the center is proposed for property in a residential district, then it must be located on property which fronts a thoroughfare or collector street as depicted in the Cary Transportation Plan.

(f) (6) In the ORD district, a day care center may be allowed as an ancillary use whose primary purpose is to service the needs of another principal use that is allowed as either a permitted or a special use in Table 5.1-1, provided that:

1. (a) The master plan proposed for development is at least 25 acres;

2. (b) At least 80 percent of the land area included in the master plan referenced in paragraph (d)(1) above is built and occupied with uses allowed by Table 5.1-1 prior to the development of the day care center;

3. (c) The pedestrian and vehicular circulation for the day care center integrates all uses so that access from points which are external to the site is not required;

4. (d) A site plan is submitted for the entire parcel pursuant to Section 3.9 that shows the intensity and location of the day care center, the pedestrian and vehicular circulation scheme for the site, and a phasing schedule (see paragraph (2) above).

(2) Day Care Home, Small Moved to Section 5.3.4 Accessory Uses and Structures Allowed

A small day care home is intended for the care of up to eight children at any one time, where no more than five of the children shall be pre-school age. Adult care is limited to 3 adults eighteen years old or older. Small day care home uses shall be permitted as of right in any residential dwelling unit provided that:

(a) If an outdoor play area is provided, it shall be fenced with a solid (opaque) fence at least four feet high. This requirement is not applicable for adult day care homes and;

(b) If less than two off-street parking spaces are provided for the home, additional parking spaces shall be provided to accommodate an assistant for the home, if any, as well as guests and residents

(3) Day Care Home, Large Moved to Section 5.3.4 Accessory Uses and Structures Allowed

A large day care home is intended for the care of up to twelve (12) children when any preschool-aged children are in care or for up to fifteen (15) children when only school-aged children are in care. Large day care home uses may be permitted as a special use in any single-family residential dwelling unit on lots which are 12,000 square feet or greater in size provided that:

(a) The home shall be reviewed and approved as a special use in accordance with the procedures and standards set forth in Section 3.8 of this Ordinance;

(b) No building modification is made to the structure to accommodate the use except those required by the Building Code; and

(c) The home shall comply with the outdoor play area and screening for child care centers set forth in Section 5.2.2(B-1) above, as well as with the parking standards in Table 7.8-1. Tandem parking may not be used to meet the parking requirements.

SECTION 5.3 ACCESSORY USES AND STRUCTURES

5.3.1 Purpose

5.3.2 General Standards and Limitations

5.3.3 Accessory Uses Prohibited

5.3.4 Accessory Uses and Structures Allowed

(L) Day Care Homes, Large

(1) A large day care home is intended for the care of seven (7) to twelve (12) children at any given time. Large day care home uses may be permitted as a special use in any single-family residential dwelling unit on lots which are 12,000 square feet or greater in size provided that all the following provisions are met:

(a) Appropriate licensing by the NC Division of Child Services is maintained;

(b) The home shall be reviewed and approved as a special use in accordance with the procedures and standards set forth in Section 3.8 of this Ordinance;

(c) No building modifications may be made to the structure to accommodate the use except those required by the Building Code;

(d) The home shall comply with or exceed the parking standards in Table 7.8-1 and the number and location of parking spaces shall be adequate to provide for child drip-off and pick up in a safe manner;

(e) A sketch of the site shall be provided showing the residence, driveway and parking areas, outdoor play area, fencing, residences located on adjoining lots;

(f) The principal person or persons operating the day care home must reside on the premises;

(g) The day care home shall employ no more than one (1) person who does not reside on the premises; and

(h) The operator obtains all required permits and licenses from the Town of Cary.

(2) Day care homes that are licensed by the State of North Carolina and authorized by the Town of Cary to care for up to eight (8) children as of January 28, 2010 shall be deemed conforming and may continue to operate as approved without a Special Use Permit as long as a valid license from the NC Division of Child Development is maintained and the use does not cease operation for more than 180 consecutive days.

(M) Day Care Homes, Small

(1) A small day care home is intended for the care of up to six (6) children not related to the care provider by birth, marriage, or adoption at any given time. Adult care is limited to three (3) adults eighteen (18) years old or older. Small day care home uses shall be permitted as an accessory use in a residential dwelling unit provided that all the following provisions are met:

(a) Appropriate licensing by the NC Division of Child Services is maintained;

(b) The home shall comply with the parking standards in Table 7.8-1. No less than three (3) on-site parking spaces shall be provided, and the number and location of parking spaces shall be adequate to provide for child drop-off and pick-up in a safe manner;

(c) The principal person or persons operating the day care home must reside on the premises;

(d) The day care home shall employ no more than one (1) person who does not reside on the premises; and

(e) The operator obtains all required permits and licenses from the Town of Cary.

TABLE 7.2-2: LAND USE CLASSES
Class 4	Uses permitted under the Day Care use category Day Care Centers when located adjacent to residential uses or zoning.
Class 4	Uses permitted under the School use category, including pre-schools and day care centers when adjacent to residential uses.
Class 5	Uses permitted under the Day Care use category when located adjacent to residential uses or zoning.
Table 7.8-1: OFF-STREET PARKING SCHEDULE “A”
PUBLIC/INSTITIUTIONAL USES
Day Care	Child Care center	1 per each 200 sf + 1 stacking lane for at least 4 cars
Day Care	Day care home, large	3 4 per home + 1 additional space if there is an employee who does not reside in the home.
Day Care	Day care home, small	3 per home + 1 additional space if there is an employee who does not reside in the home.

Fiscal Impact: Implementation of the proposed amendment can be absorbed by existing staff.

Staff Recommendation: Staff recommends approval of LDO Amendments Round 13, Item A as recommended by the Planning and Zoning Board.