Board of Adjustment - Regular Meeting

At this time, I'm going to call the August 11th, 2025 board of adjustments adjustment meeting to order for the town of Fugway. Everybody, please stand for the pledge. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation under God, indivisible, with liberty and justice for all.

And it looks like we have a quorum tonight. So everybody welcome. Um, this is a quasi judicial hearing and it is a time for petitioners to present justification for their special use permits or variance requests and for the members of the public to testify in support of or opposition to the justified presentations. Quasi judicial hearings are unlike legislative hearings in that witness testimony is limited to the field of expertise or to a party withstanding and not general public comments in support of or opposition to the request. Any evidence presented tonight before the board will become the property of the town. Anyone wishing to address the board tonight will need to sign in. Um, then there's a public hearing signin sheet up front and then complete an oath form at the podium and then you'll take an oath with the deputy clerk. We do. Okay. Would you please come up? if you will please line up and face the board at the podium. Okay,

thank you. If everyone will please raise your right hand and repeat after me. I solemnly swear I slely swear to tell the whole truth and nothing but the truth. to tell the whole truth and nothing but the truth. So help me God. So help me God. For evidence presented for evidence presented before the board of adjustment before the board of adjustment of the town of Fugquay Vina of the town of Fugquina, North Carolina.

Thank you. I'll collect your And item 2A on the agenda tonight is the approval of the me the minutes from the July 15th board of adjustment meeting. The purpose of the agenda item is to consider approval of the minutes. Has everyone had a chance to review the minutes? Yes. Yes. Um, does anyone have any changes or corrections that need to be made?

No. Does anyone have a motion? I'll make them I'll make a motion to approve the minutes from the July 15, 2025 board of adjustment meeting. Thank you. I'll second that. Thank you. All in favor, please raise your right hand and say, "I." I. I.

All in opposition, please raise your right hand and say, "Nay. The minutes are approved. We can move on into the public hearing section. Item 4A tonight is a special use permit petition for 336 South Main Street. It is made by John and Patricia Burn. Um the purpose of this agenda item is to consider a special use permit um BOA SUP 202501 at 336 South Main Street by petitioners John and Patricia Burn. Um is there any further information to be provided by the staff? Um any questions for the staff at this time? Do you have any questions? I can give my little spiel, too. Good evening, Mr. Chair, members of the board. Um, as the chair has previously stated, this is a a meeting to consider a special use permit at 336 South Main Street, uh, owned by John and Patricia Burn for the uh, for to permit the use of a commercial day daycare. Um, 336 South Main Street sits on 21 acres within the town corporate limits. um the surrounding use of the properties. There's a daycare existing daycare to the north. There's a civil use of I believe it's a Masonic lodge to the south and there are vacant lots to the rear. And all of the lots in question, the one in question and all the surrounding lots are also zoned DC1 or downtown center one district. So, um this property has not been subject to previous cases seen by this board of adjustment. Um but if you have any questions, I'll be happy to answer them.

Yes, sir. Did you state your name? My name is Josh Curious. I'm senior planner, current planning here at Townway Verina. Thank you.

At this time, I would like to open the public hearing. Is there anyone who would like to speak in favor of the petition?

Good evening. uh Andy Petty from Curry Engineering, 205 South Fugquway Avenue here in Fugquway. Um I'm here on behalf of the property owner, John Burn. I'm also joined here with the uh soon to be operator of the daycare, Joy Mangum, and also our project architect, Jessica Swanson. I'm going to go through this application of our findings of fact, our other contributing factors, and also our conditions that we have, and then we'll we'll be glad to answer any questions that that you may have after that. Um going through the first finding of fact which is fact number one. Um the proposed use will not materially endanger the public health and safety if located where proposed and developed according to the plans as submitted. uh the town of Fuqua Reena's board of commissioners, the legislative body governing the town by adoption of the 2035 community vision land use plan and its adoption of the Fugquway land development ordinance has determined that the proposed use if developed according to the applicable standards of the LDO should not present a danger to the public health or safety. The LUP designates the property as downtown. the LDO and corresponding zoning map designate the property as downtown center one the DC1 zoning district which is a zoning district consistent with the land use plan. The proposed use will not will the proposed use will be to the standards as required for a daycare commercial facility under the terms of the LDO. All improvements to the property will be in compliance with all federal, state, and local government laws and regulations. are finding a fact. Number two, the proposed use when constructed will meet all required conditions and specifications of the LDO, the North Carolina State Building Code, and the North Carolina Fire Code that are applicable to the proposed use and the improvements to the existing structure. Our finding of fact number three, the proposed use will not substantially injure the value of adjoining properties. The improvements being constructed will meet all requirements of the LDO. Restrictions on students per age level as enforced by the North Carolina Child Care Commission will keep vehicle trip generations associated with proposed use low while

also providing a useful asset to the surrounding community, offering child care options for the residents of downtown. Finding a fact number four, the proposed use will be in harmony with the area in which it is located in its general conformity with the plan of development of the town of Fugquway Verina and its ordinances. As stated above, the proposed use will not require a land use or zoning map amendment as the proposed use is a permitted special use under the LDO. Upon construction of the proposed use in compliance with the LDO standards for a commercial daycare facility, this use will be consistent with and adhere to the land use plan and the land development ordinance. The use is directly adjacent to an existing daycare facility and shall continue to provide the citizens of FQA child care services. As said, we will go back and and look through the contributing factor descriptions. Um the first one being the circulation. Um the the proposed facility proposed facility will not increase the number of driveways or access points onto South Main Street. The facility will utilize the existing circulation patterns of the adjacent daycare. It is the same operator. Uh for pickup and drop off, it is not anticipated that more staff will be necessary for this facility. The two facilities will act as one daycare with different age groups in each building. Uh striped access ways are provided to highlight pedestrian access between both facilities. Uh the parking and loading location areas as stated above. The facility will utilize the existing circulation patterns of the adjacent daycare for pickup and drop off as well as employee parking. Employees will utilize on street parking and the existing driveway for 336 South Main Street and will be allowed to park two cars. Service entrance and areas. The proposed use proposes no new service or dumpster areas. The property is currently served by the town of Fugquway Bina for trash and recycling pickup. These this will remain. However, it is a condition of this SUP that all trash and recycling bins be placed behind the buildings and not visible from the public right away.

Lighting. This proposed use proposes no new site lighting. Utilities. The proposed use proposes no new utilities. Existing water meter and sewer cleanouts are located in the backyard of the site. Open space and landscaping. The proposed uses will preserve existing trees and provide new street trees along South Main Street as required by the LDO. The environmental protection. There are no known environmental features on this site. And the effect on adjacent property. Proposed use is the same use as 334 South Main Street. Therefore, there are no negative impact effects on adjacent properties and we do not expect any effects on the other adjacent properties. Compatibility. The proposed use is a smaller scale daycare facility which is defined as a max 25% capacity which aligns with the scale of the adjacent businesses. Converting this use from a single family residential to a commercial along the main street corridor aligns with the vision set forth in the land use plan. Uh we have three conditions that we have placed on the special use permit. One, a cross access easement to allow access from 334 to 336 South Main Street shall be recorded prior to the co of 336 South Main Street. Number two, should the use of 334 South Main Street change, 336 South Main Street shall amend the special use permit to illustrate that 334 South Main Street will provide an appropriate vehicle drop off and pick off circulation route that remains completely on the property. And finally, number three, which is one I just mentioned, is that all the trash and recycling containers shall be stored out of view from the public ride ofway on non-pickup days. Uh and that's this this facility was a residential facility. So it it does have the carts and uh the town Equest Public Works has confirmed they will still continue to allow those carts. So that's why that conditions in there. So with that, I will I'll be glad to address any questions you may have or if anybody on our team can address any questions, we'll be glad to answer those.

Yes, sir. Yeah. Hi. I have one question. Um when it comes to parking and drop off and pickup um what are the ages of the children that are for all for both daycarees or which daycare in particular? For both for both six weeks to 12 years of age. Okay. The second thing is uh for drop off um are are you going to drop them off on Main Street? No, they don't drop off on M. They're going to utilize the existing circulation in it. And on the site plan, we actually have enough room in that circulation to have cars stacking and have a bypass route. And about the average time to drop a kid off is about 90 seconds. So, moves pretty quick.

I've actually seen it in action and it's a pretty smooth move. Thank you. Sure. Is the average pickup time about the same as drop off time? I would. Yeah. I I mean it's all, you know, with kids, it's always one of those things where if somebody has a day and forgets their cup or something like that, for the most part, it's a it's a check in and checkout system. The system and the process is pretty much the same.

And so there's going to be a little um walkway built between the two buildings. I was wondering if they're doing drop off on the 334, there's just going to be a sidewalk or something. Yeah, we have a sidewalk that connects from 334 to the parking area of 336. And so you have pedestrian access to both buildings. And then also we've got an area that's striped across the the U-shape in 336 that connects to the public rideway. So you have sidewalk egress to the public rideway from both buildings as well.

Any other questions? Is there anyone who would like to speak in opposition to the petition? At this time, we are going to close the public hearing and the board will go into discussion. Does the board have any discussion of the petition? No, it's very straightforward. Yep.

Okay. So we need to decide on each finding a fact. Um as it relates to finding a fact number one, the proposed use or development will not material materially endanger the public health or safety if located where proposed and developed according to the plan as submitted. pause. We need to complete that. Does anybody have any any discussion about that?

I think he went over that pretty thoroughly. You just use the words of the petitioner in the petition. Yes. For the because all right, we need to read that out. We need to read it. So, somebody needs to make a motion and read out. Okay. The because All right. Does somebody want to make a motion on the finding effect of fact number one and read? I'll make a motion. Okay. And and how would you like for your motion to read? Uh well, I'd like to read it, but I don't have it in front of me. So, it should be on your screen here.

Motion to approve BOA SCP 202501 as presented under the terms and conditions. Is that what I'm reading right there? Oh, okay.

Okay. Statement by by the petitioner finding a fact one to propose use will not materially endanger the public health or safety if located where proposed and developed according to the plan submitted. the town of Fugquway Verina Board of Commissioners, the legislative body governing by the town by adopting the 235 community vision land use plan um the LUP uh adoption of the FA Verina land development ordinance. The LDO has determined that proposed use if developed according to the applicant applicable standards of the LDO should not present a danger to the public health or safety. Okay. The LUP designates the property downtown as the LDO corresponding zoning map designate the property as downtown center uh zoning district with the zoning district consistent with the LUP. The proposed use will be to the standards as required by daycare commercial facility under the terms of the LDO. All improvements to the property will be in compliance with federal, state, and local government laws and regulations.

Is that your motion? That's my motion. Second. All in favor, please raise your right hand and say I. I. I. Okay. Um we'll move on to finding a fact number two. And this time I'm just going to read the entire proposed motion.

Okay. Um so finding a fact um the proposed use does or or meets all required conditions and specifications because the proposed use when constructed will meet all required conditions and specifications of the LDO, the North Carolina building code and the North Carolina Fire Code that are all applicable to the proposed use and improvements to the existing structure. That's our proposed motion. Do I have any second? Well, that would be the proposed wording of the motion. Do I have a motion? I'll make a motion. Do I have a second? Second.

All in favor, raise your right hand and say I. I.

All oppose, raise your right hand and say nay. All right. Moving on to finding effect three. Um the proposed use will not substantially injure the value of adjoining property or uh of the adjoining property or the use as a public necessity because the proposed use will not substantially uh injure the value of adjoining properties. The improvements being constructed will meet all the requirements of the LDO. Restrictions on students per age level as enforced by the North Carolina Child Care Commission will keep vehicle trip generations associated with the proposed use low while also providing a useful asset to the surrounding community. Offering child care options for the residents of downtown. That is our proposed motion. Do I have anyone who or proposed wording of the motion? Do I have anyone who

Do I have a motion? Make a motion. All right. And do I have a second? Second. Second. All in favor, raise your right hand and say, "I." I.

All opposed, raise your right hand and say, "Nay." Okay. and the wording for finding of fact number four. The location and character of the proposed use um if developed according to the plan submitted will be in harmony with the area in which it is to be located and in general conformity with the plan of development of the town of Fugquway Arena and its ordinances. uh because uh it is let's see because as stated above the proposed use does not require a land use or zoning map amendment as the proposed use is a permitted special use under the LDO. Upon construction of the proposed use in compliance with the LDO standards for commercial daycare facility, the use will be consistent with and adhere to the LUP and LDO. This use is directly adjacent to an existing daycare facility and shall continue to provide the citizens of Fugquway Arena child care services. This is our proposed finding of fact number four. Do I have a motion? I make a motion to approve finding of fact number four as stated by the petitioner.

Second. All right. All in favor raise your right hand and say I. I. All oppose, raise your right hand and say nay. The motion's all carried. Um, we need an overall motion. We need an overall motion on the item. Okay. own all of Yeah, I'd recommend making a motion on the entire, you know, entire petition and then also include the the conditions that they volunteered as well. So, adopt. Okay. All that together. Do I have a second? Second. All in favor, raise your right hand and say, "I." I. I. I'll All I'll All I'll All I'll All I'll All I'll All I'll All I'll All I'll All I'll All I'll All oppose. Raise your right hand and say nay. All right. The motion carries.

Who made the motion? Who's Who's first? Sorry. I can make the motion. Somebody need to make the motion for the record first. Okay. And then Thomas Gallow is second. Okay. Thank you, Chris. Thank you. All right. Is there anything else from the staff? Okay. If there is no other business, then um I will accept an emotion. A motion to adjourn tonight. I'll make a motion to adjurnn. All right. Do I have a second? Second. All in favor raise your right hand and say I. I. The meeting is adjourned. All right.

I just want to paid you a lot of money. [Laughter] your life to be here and to help our community. I think this little, you know, little state here kind of interesting. It's not another bar. It's going to help our downtown community, which we're seeing a good amount of growth in with young families. and this is an addition for young families in our downtown area. Um, and I think that's we need to all be proud of of that. And the other thing that I would say Waverina is continued to evolve and to grow and we will see more and more unique um uses of property that we haven't seen before. And you folks are going to have to help guide us guide us through that that process as well as other boards and and Pam. We're not the same little bitty community that we that we once were. Again, just appreciate you know what all of you do here, including James, too. I'll give him a little credit. Even We won't let him make a motion.

Well, he he was very helpful tonight. That's right. And we appreciate all that you did for Thank you, sir. Thank you. I'm put you down now. We will not have a September meeting. Okay. And just something to throw out. If it is something you're interested in, we would go ahead and

I think that would be a great agenda item for the next meeting. I guess the question is anybody opposed to shifting it to six? No, doesn't matter. This is not an official motion. this individual. This is just discuss. I don't think that there anyone will be opposed quicker. Okay. One thing I'd like to ask for

board that there should there is one in the notebook. We don't get notebooks anymore, but all that's a good idea. We used to have one in that notebook. Did you get a notebook? Okay.