title
Ordinance Amending the Land Development Code, Chapter 18, to Restore Group Day Facilities as a Permitted Use in Various Zoning Districts, and to Reestablish and Modify the Definition and Prescribed Conditions for a Group Day Facility
body
|
Department: |
Planning & Development |
Meeting Date: |
11/3/2026 |
|
Contact Name: |
Brian Chambers |
Public Hearing: |
Yes |
|
Contact Phone: |
910-342-2782 |
Advertising Date/Advertised By: |
10/23/2026 and 10/30/2026/StarNews |
|
Attachments: |
Attachment 1: Ordinance; Attachment 2: Case Summary; Attachment 3: Permitted Zoning Districts Map; Attachment 4: Legacy Code Group Day Facility Standards; Attachment 5: Planning Commission Public Comments; Attachment 6: Planning Commission Recommendation; Attachment 7: Planning Commission Appeal; Attachment 8: Draft Planning Commission Minutes |
PURPOSE:
The proposed amendment would restore group day facilities as a permitted use in select residential, commercial, and mixed-use districts, and reestablish and modify the definition and prescribed conditions for group day facilities.
BACKGROUND:
The previous Land Development Code (“LDC”) (“Legacy Code”) included a group day facility use category: an establishment that provides care, shelter, or supervision of persons without overnight accommodations. Under the Legacy Code, the group day facility use was permitted by special use permit in multiple-dwelling, mixed-use, and commercial zoning districts.
As part of the 2021 update to the LDC, the group day facility use was eliminated. There are currently no uses listed in the LDC that adequately address facilities providing daytime care, shelter, or services to community members. The proposed amendment would restore the group day facility use as a distinct land use and allow these facilities in select multiple-dwelling, mixed-use, and commercial zoning districts by way of a conditional zoning approval.
Under conditional zoning approval, a conditional district would be applied to the existing zoning classification to allow the group day facility use, and site-specific conditions could be applied to ensure compatibility with the surrounding area. This process requires a community meeting prior to application and legislative hearings before both the Planning Commission and City Council, similar to a typical rezoning request. For legislative hearings, applicants and citizens can speak directly to the City Council about the request, and all are welcome to attend the public hearing to provide comments. In contrast, special use permits do not involve Planning Commission review and recommendation. The City Council holds an evidentiary hearing at which participants must demonstrate standing to testify. Additionally, evidentiary hearings require expert testimony for certain alleged impacts, such as impacts on traffic and property values.
The Planning Commission held a legislative hearing regarding this amendment on October 7, 2026. Two residents spoke in support of the request and asked that additional separation requirements be established between the group day facility use and child-centered spaces. Staff received two written comments in advance of the hearing in support of the amendment. Both individuals requested additional standards be applied to the use, including separation requirements, limits to hours of operation, additional buffering, and parking and drop-off standards. Following discussion, the Planning Commission considered two motions: one to approve the proposed amendment as written and another to approve the amendment with an added separation requirement. Both motions failed on 3-3 tie votes. Under the rules of procedure, a tie vote constitutes a recommendation of denial.
Pursuant to Section 18-572 of the LDC, staff elected to appeal the Planning Commission’s unfavorable recommendation to City Council and filed written notice of the appeal with the City Clerk within 10 days of the Commission’s action.
budget
BUDGET IMPACT:
N/A.
recommendation
RECOMMENDATION / ACTION REQUESTED:
Staff recommends approval of the proposed amendment to the Land Development Code.