Board of Adjustment - Regular Meeting

At this time, I will call the July 13th, 2026 Board of Adjustment meeting for the town of Fuquay-Varina to order. It looks like we have quorum, so let's please stand up for the Pledge of Allegiance. Good evening, quasi-judicial hearings are a time for petitioners to present justification for special use permits or variance requests and for the members of the public to testify in support or in opposition of these presented justifications. 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 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 the public hearing sign in sheet, complete an oath form at the podium, and be required to take an oath or affirmation issued by the deputy clerk. At this time, I would like to request all those who are wanting to give testimony at tonight's public hearing portion of the meeting, please come forward in order to be sworn in by the deputy clerk. Has everyone that is going to be sworn in tonight completed and signed an oath form and given it to the clerk? At this time, I will ask the clerk to please swear in everyone.

Thank you. If you'll please approach the podium towards the microphone so we can have you on record. And raise your right hand and repeat after me. I solemnly swear to tell the whole truth and nothing but the truth.

So help me God.

For evidence presented.

For evidence presented.

Before the Board of Adjustment.

Before the Board of Adjustment.

Of the town of Fuquay-Varina.

Of the town of Fuquay-Varina.

North Carolina.

North Carolina.

Thank you, you may have a seat.

Thank you. At this time, approval of the minutes, item 2A, approval of the minutes from the June 8th, 2026 Board of Adjustment meeting. The purpose of this agenda item is to consider approval of the minutes of the Board of Adjustment meeting of June 8th, 2026. Has everyone had a chance to review the minutes?

Yes.

Does anyone have any changes or corrections on the minutes?

No. No. No.

Okay. Do I have a motion to approve the June 8th, 2026 minutes as presented or amended?

I make a motion to approve this.

Do I have a second? Second. Okay. All in favor, indicate by saying aye. Aye. All in opposition, please indicate by saying nay. Motion carries. Moving on to item 4A, special use permit extension petition. Special use permit petition 4321 Hilltop Needmore Road, Lena P. Bernal and David E. Sepelveda. PIN 0678941052-BOA-SUP2026-04. Further information will be provided by town staff.

Thank you. I'm submitting the agenda abstract and supporting documents into the record. The subject property is located at 4321 Hilltop Needmore Road on 0.87 acres within the town's extraterritorial jurisdiction, or ETJ. The principal use of the property is a residence. The petitioner is requesting a special use permit to expand the in-home business from the existing small in-home daycare with no more than six children per the LDO, for which a home occupation permit was issued on October 30th, 2019. The town's use standards require approval of a special use permit to operate a large in-home daycare with no more than 12 children. The petitioner is requesting permission to care for up to 10 children. The zoning of the subject property is Residential Agricultural RA Zoning District. The subject property is surrounded by residential lots located in the Residential Agricultural RA Zoning District and to the north Hilltop Needmore. Town Park and Preserve, located in the Office and Institutional Conditional Zoning District, OICZD. The petitioner is requesting a special use permit to permit the operation of a large in-home daycare within the residential agricultural zoning district as required by section 9-1255G3 of the land development ordinance. The attached site plan demonstrates general compliance with town standards. The property has not been the subject of previous cases seen by the Board of Adjustment. The petitioner has been advised that the burden of proof and evidence upon submitting such application is the responsibility of the petitioner. Such proof and evidence presented must demonstrate that the required findings of fact have been met. Staff recommendation is to approve BOA-SUP-2026-04 as presented, subject to the terms and conditions identified in the applicant's application, testimony, and site layout exhibit, and preserving all conditions of the special use permit BOA-SUP-2026-04 not inconsistent therewith, or deny BOA-SUP-2026-04 as presented. Thank you, and I'm available to answer any questions.

Thank you. At this time, I would like to open the public hearing. I would also like to request that when the clerk calls your name, please come forward to the podium and state your name, address, and if you are either in favor or opposition of the petition so that it is on record. At this time, I ask the petitioner or the representative of the petitioner to please come forward and make your presentation. When you come forward, please state your name, your profession, and your address for the board, please.

Good evening, everyone. Thank you for having me today. My name is Lina Bernal. I'm a proud citizen of Uquivarina. And I am a child care provider for almost seven years. And I had a program that is in Spanish. It's Spanish immersion. We're licensed. We're a four-star rated license. I'm proud of it. And thank you for having me. A special use request. The purpose of this request is to seek approval to increase the license capacity of our family childcare home from eight children to ten children in accordance with updated North Carolina Department of Health and Human Services Division of Child Development and Early Education. regulations which now allow family child care homes to serve up to 10 children when licensing requirements are met. This change provides an opportunity to help address the growing need for qualified child care within the Fuqua-Varina community while continuing to operate within a small home-based environment. Our program has been operating successfully for six and a half years in a loving and safe environment, and the proposed increase will allow us to provide care to additional families currently seeking licensed child care options for their children. The family child care home is operated within a residence owned by the applicant, while the license is held by the resident of the property, my mother, Rosalina. We operated the program in compliance with all DCDEE licenses requirements and state regulations. Since the beginning of the program, both the property owner and license operator have worked together daily in the operation and supervision of the childcare home. For reference, LDO 9-1255-B-4, no more than one person may be employed on the property in connection with the home occupation who is not a resident of the residential dwelling unit. Under the updated DCDEE regulations, the family childcare home will continue operating with a ratio of one teacher to 10 children. as permitted by the state for licensed family child care homes meeting all applicable requirements. In practice, children are supervised by both the licensed operator and co-provider through the day, allowing the consistent supervision, support, and safe operations at all times. The proposed increase is modest in scale and does not require expansion of the existing residence, changes to the residential character of the property, or significant operational changes. The property already provides adequate space, parking, circulation, utilities, and areas to safely accommodate the additional children while maintaining compliance with all applicable state licensing and safety requirements. By increasing capacity from 8 to 10 children, we will be able to better support working families in the community while continuing to provide a safe nurturing and developmentally appropriate environment for children in our care. Finding 1, the proposed use will not materially endanger the public health or safety if located where proposed and developed according to the plan as submitted. The proposed increase in child care capacity from 8 to 10 children will not endanger the public health or safety. Our family childcare home is currently licensed by the North Carolina Division of Child Development and Early Education and operates in full compliance with all health, safety, and supervision regulations. We maintain required staff to child ratios, conduct regular safety drills, and have adequate indoor and outdoor space to safely accommodate two additional children. Savely equipment, including fire extinguishers and smoke detectors, are already in place and regularly inspected. Finding two. The proposed use does not meet all required conditions and specifications. The use meets all required conditions and specifications. Outlined by the Town of Uquivarina and DCDEE, our home complies with zoning regulations for family child care, including safe and accessible entry and exit, proper sanitation, and designed play areas. The increase in capacity will not require any structural modifications to the home. Adequate space is already available both indoors and outdoors to meet state square footage requirements for 10 children. Finding three, the proposed use will not substantially injure the value of adjoining property of the use is a public necessity. The proposed increase will not negatively impact the value or adjoining or abutting properties. Our program operates within a residential home, maintaining the same appearance and character as other homes in the neighborhood. Traffic is minimal and managed through a staggered drop off and pick up times, preventing congestion or disruption. On the contrary, expanding child care services in our community provides a clear public necessity. The demand for licensed child care in Fuqua Verena continues to grow, and the addition of two spaces helps address this need for families seeking safe, regulated care close to home. Finding four. The location and character of the proposed use is developed according to the plan submitted. We will not be in harmony with the area in which is to be located, and in general, conformity with the plan of development of the town of and its ordinances. The continued operation of our family child care home with a modest increase in capacity is in harmony with the surrounding neighborhood and consistent with the town's vision for a family-oriented, community-centered environment. We have successfully operated at this location for six and a half years and have developed positive relationships with our neighborhoods. The proposed use preserves the residential character of the property and it is conformity with the town's comprehensive plan which supports services that met the needs of local families. Contributing factor descriptions. As part of the required statement of justification, the petitioner shall demonstrate through factual evidence that the contributing factors listed below have been adequately addressed as applicable. Circulation. Access points to the property and the proposed structures safety and convenience for automotive, bicycle or pedestrian moving and public safety. The property has been accessed from Hilltop-Needmore Road and includes an existing gravel driveway with ample unsigned maneuvering space for vehicles. As shown on the attached survey map, the property contains approximately 87 acres, which provides sufficient room for safe vehicle circulation during drop-off and pick-up times. Parents enter the property directly from Hilltop New Road and park within the existing front yard and driveway areas. eliminating the need for roadside parking to varying schedules among families. All vehicles do not arrive simultaneously, minimizing traffic volume at any time, at one time. The property layout allows vehicles to safely enter, temporarily park, maneuver, and exit without disturbing traffic flow along the roadway. Children are supervised during all arrival and departure periods to ensure pedestrians safely The proposed increase from 8 to 13 children will not create unsafe circulations, conditions, or negatively affect public safety. Parking and loading location areas. The existing driveway and front yard provide ample on-site parking capacity for parent drop-off and pick-up activities. Based on the size of layout of the property, approximately 10 vehicles could be accommodated on-site if necessary. However, actual parking demand remains significantly lower because families arrive and depart at different times through the day. No parking occurs along Hilltop-Needmore Road, and the proposed increase of two children will not materially increase parking demand or create congestion in the surrounding area. Service entrance areas, locations of service areas and dumpsters. The home operates as a residential property and no commercial service entrance are required. Trash and recycling are handled through standard residential services with containers stored in appropriate areas and placed in the curb only on design collection days. They are not dumpsters or commercial service areas associated with this issue, with this user. Lining. Location of exterior lining with reference to directions, coverage, glare, and traffic safety. No additional exterior lining is proposed. Existing residential lining is minimal and directed toward the home and driveway for safety purpose only. Lining does not create glare or spillover onto adjacent properties and does not impact traffic visibly or safely along Hilltop-Needmore Road. Utilities, location, size, capacity, and ability of utilities. The property is served by existing utility systems that adequately support the family child care home. Utilities include private well water system, existing septic system, electrical service provided by Duke Energy, trash and waste services provided by Carolina Trash and Septic. The proposed increase from eight to ten children will not require expansion or modification of utility infrastructure. Existing systems have sufficient capacity to accommodate the proposed use. Open space and landscaping. Location of open spaces, landscape areas, and preservation of existing trees and other natural features. The property includes substantial open yard areas and existing mature tree coverage that preserve the residential and natural character of the site. Outdoor play and activities occur within the same fence yard areas while maintaining generous setbacks from adjacent properties. No removal of significant risk, grinding, land disturbance, or changes to the existing landscape are proposed as part of this request. The existing open space and vegetation provide natural buffering between the child care operation and neighboring properties. Environmental protection. Floodplain, riparian stream buffers, wetlands, steep slopes, heritage trees, avoiding clearcutting. The proposed increase in capacity does not involve any new construction. land disturbance, disturbance or expansion of impervious surfaces. The request utilizes the existing residential dwelling and site improvements only. According to the attached survey, the property is not located within a FEMA flood hazard area. No wetlands, stream buffers, or environmentally sensitive areas will be impacted by this proposed use. Effect on adjacent property included but not limited the noise, other lining or traffic on traffic. The proposed increase from 8 to 10 children will not negatively impact neighborhood properties. The family child care home operates entirely with an existing single-family residence and maintains the appearance and character of a residential property. The large lot size, existing setbacks, mature vegetation, and spacing between homes help minimize operational visibility and activity impacts. Traffic remains minimal and fully contained within the property. Noise levels remain consistent with normal residential family activity and are limited to daytime hours. No commercial signage, excessive lining, others, or exterior alterations are associated with the proposed use. Compatibility including but not limited to the proponents of the scale design on the relation to the other properties. The proposed use is fully compatible with our surrounding residential area. The family care home has operated successfully within the neighborhood while maintaining the scale, appearance, and character of a single family residence. No structure that addition of or exterior commercial modifications are proposed. The modest increase from 8 to 10 children does not alter the residential nature of the property or surrounding neighborhood. The property large lot size setbacks, existing tree coverage, and on-site parking capacity further support compatibility with nearby homes while allowing the continued provision of an important service to local families. List any proposed conditions. I didn't list any. Do you have any questions?

Thank you. Are there any questions for the witness by the board?

What ages children?

Two to five years old.

Not in school?

Not in school, yeah. So basically preschool age kids.

Okay, thank you. How many of the children, if any, are your children?

No, they are not. My children are already at school. They are ten and eight years old. So if they are present, it is within the capacity of the license.

And the other two remaining children that you are planning to add to what you have, do they fall within the same age range?

Can you repeat?

The two other children that is going to cause the increase from eight to ten, are they also aged between two and five years old?

Yes, so the kids that we care are from two to five years old. So the families that are seeking care are for a preschool age. Okay, okay. Yes.

Yeah, I have one or two questions. You mentioned in your presentation that by doing this, you'll not significantly affect the value of the property, of the home, and will not significantly affect the value of the surrounding property. So I'm more interested in the surrounding property. Did you use a realtor or get someone who specializes in real estate assessment

No, I did not.

Is the backyard fenced in, or is it?

Yes, it is fenced in. We have to, as regulations for family shelter homes, you have to have a fence. So yes, since the beginning, we had a fence.

Good. If you're part of an HOA, has your HOA been notified?

We don't have an HOA.

And there's enough, sorry, there's enough room for cars to pull in and out and park and. Yes, we had enough.

Yes, we had enough space to be able to accommodate 10 or more cars in our front area. In the driveway, we needed three designated areas. And we don't have any issues with traffic. Families can basically maneuver and go in or out without any issues.

You did a neighborhood meeting last month?

Yes, I did.

and we saw that lots of people were invited. It was mailed to their homes. How many attended?

So no one show up no and I wait for an almost 30 minutes in the meeting and no one show up, but since I was trying to figure out how to do the Permit I did the meeting before and one neighbor show up to the first meeting and He wrote a letter if I can Read that to you guys

I think we have it.

Do we have the letter?

I think so. I think it was in her application.

He wrote a letter, and then he sent an email with a second meeting.

Yeah. I'm pretty sure.

Is it Dr. Craig Andes? There's the zoning compliance letter.

Where did I see it? I saw something.

There is a letter in the neighborhood meeting notice, Dr. Craig Andes. Dr. Craig Andes.

Yes. So your HOA is in what, the neighborhood behind your house? Is that where your HOA is?

No, so we don't have an HOA. Our property doesn't have an HOA.

Yeah, I'm sorry.

Have any of the neighbors at any point come to you and expressed any concern with the daycare that you've been running the last seven years?

No, not really. No complaints, no nothing.

No problems?

No problems.

Are there any other additional questions? No. Eva, is there anyone who signed up to speak either in favor or opposition to the petition?

No, Chair, there is not.

Perfect. At this time, we're going to close the public hearing and the board will go into further discussion. Are there questions for staff or further discussions about finding of fact one?

No.

Okay, a motion. Let's discuss the evidence related to each required finding before anyone makes a motion. Once we've identified what findings the board believes are supported by the record, A member may formulate a motion that incorporate those findings.

Are we discussing or making a motion?

Discussing.

Yeah, we're discussing.

Just to point out those things.

Mm-hmm.

I mean, it feels clear to me that there aren't any safety concerns. There aren't any health concerns. There haven't been any complaints. They've been operating this for several years. Seems very clear cut to me. Right? Yeah. I agree.

Based on the findings discussed, the board appears to find that evidence supports or does not support the finding. Would a member like to formulate a motion for finding of fact one?

I'll make a motion.

Okay.

I'll make a motion that the proposed increase in child care capacity will not endanger the public health or safety. The family child care home is currently licensed by the NC Division of Child Development and Early Education and operates in full compliance with all health, safety, and supervision regulations.

Do I have a second?

I second. Who was the second? And just to be clear, the findings for number one to be approved, there's no safety concerns? None.

All in favor, please indicate by saying aye. Aye. All in opposition, please indicate by saying nay. Motion of finding fact is approved.

Finding a fact number one.

Finding a fact number one is approved. Sorry. Finding a fact number two. Are there questions for staff or further discussion about finding a fact two?

I mean, it seems fairly obvious, right? We wouldn't be here if you had any concerns that we hadn't met any of the requirements or specifications, right? Correct.

What was that? Sorry.

My question was, this is fairly obvious, but I said to staff that we would not be here if they had concerns that the applicant had not met the specifications or requirements. And they said yes, correct.

That's OK. Anything else? Based on the findings discussed, the board appears to find that evidence supports or does not support the finding. Would a member like to formulate a motion of finding of fact number two?

I'll make a motion. I make a motion that proposed use meets all required conditions and specifications. The use meets all required conditions and specifications outlawed in the town of Fuqua Verena and the DCDEE. Their home complies with zoning regulations for family childcare, including safe and accessible entry and exit, proper sanitation, and designated play areas.

Do I have a second?

Second.

All in favor please indicate by saying aye. Aye. All in opposition please indicate by saying nay. Motion for finding of fact number two is approved. Are there any questions for staff or further discussion about finding of fact three?

Yeah, I've got a question on this.

Thomas, can you move the microphone so we can hear you? Thank you.

How are you doing this one?

Yeah. We just didn't hear you.

Okay, number three. Your presentation was phenomenal. It was really, really good, okay? However, I want to put this in front of the board that I would be more inclined to vote yes if we had a real estate person come in and basically tell us that it will not significantly affect the value of the property in the area. Now I know if you get a real estate person, my guess is they're going to approve this, okay? And they're going to come back and say no, it's not going to affect the value of homes. But I think we need to cover our own bases on this one. Because somebody's going to come here in a month or two and say, the price of my house went down 50%. And I'm going to point to the daycare center, which could not be further from the truth, but someone just might claim that. And I think we need to cover our bases by either requesting that the applicant give us a letter. from one of these real estate assessment companies, or we hold off on this until we get that in person. So that's up to the board. But that was my question.

I would disagree with that. Have we done that in the past? Yeah, that's kind of speculation as a real estate person. and if a neighbor had a problem they should come to this meeting and say something they've had their chance or come to the public meeting i totally agree with the neighborhood yeah but it's hard to get people to vote you know it's hard to quantify a daycare and how it's going to impact neighbors properties. So especially when I'm going from eight to 10 kids, it's an existing business, right?

It's not a brand new business. It's been here. It's not impactful in that way.

So I feel okay with moving forward with it. I agree. I agree.

Are there any other questions? Based on the findings discussed, the board appears to find that evidence does not support the finding. Would a member like to formulate a motion for finding of fact three?

I will. Okay. I would like to recommend in fact finding of fact number three. make a motion to the proposed use will not substantially injure the value of adjoining property or the use as a public necessity because the factors identified by the Board of Adjustments on the form of motion discussion, which are incorporated herein and the testimony and evidence presented by the petitioner, because the proposed increase of property eight to ten children is not going to require any additional structural improvements on the home or changes the business has been in existence for almost seven years and expanding child care services in our community is truly a necessity do I have a second I do

all in favor please indicate by saying aye aye all in opposition please indicate by saying nay finding a fact three is approved are there discussions for staff for further discussion about finding a fact four

I don't have any other than. So I'd make a motion if it's available.

Okay. Based on the findings discussed, the board appears to find that evidence supports, does not support the finding. Would a member like to formulate a motion for finding of fact four?

I will. I would like to make a recommendation and a motion that fact finding number four, that the location and character of the proposed use, if developed according to the plan submitted, will not, I mean, will, sorry, I stand corrected, 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 Fuqua-Varina and its ordinances because the factors identified by the Board of Adjustment on the formed motion discussion which are incorporated herein and the testimony and the evidence presented by the petitioner. Because it is a family childcare home with a modest increase in capacity from eight to 10 children, It truly is in harmony and it will not disrupt the current climate in which the property exists. Do I have a second?

Second.

All in favor please indicate by saying aye. Aye. All in opposition indicate by saying nay. Motion of finding a fact four is approved. The petitioner has been advised that the burden of proof and evidence upon submitting such application is the responsibility of the petitioner. Such proof and evidence presented must demonstrate that the required findings of fact have been met. At this time, do I have a motion for special use permit BOA-SUP-2026-04?

I'll make a motion. I make a motion that we approve BOA-SUP-2026-04 as presented under the terms and conditions identified in the applicant's application, testimony, site layout, exhibit, and preserving all conditions of the special use permit BOA-SUP-2026-04, not inconsistent therewith that we pass this.

Do I have a second?

Second.

All in favor, please indicate by saying aye. Aye. All in opposition, please indicate by saying nay. Motion to extend BOA SUP-2026-04 passes. Item 4B, special use permit petition. Special use permit petition 4813 Hilltop Needmore Road, Alpha Towers, LLC, PIN 0678545736-BOA-SUP-202605. That item is to be tabled. Further information will be provided by town staff.

Thank you. The subject property is located at 4813 Hilltop Needmore Road on 17.48 acres within the town's corporate limits. The principal use of the property is an existing place of worship. The petitioner is requesting a special use permit to establish a freestanding telecommunication tower at the rear of the property. Section 9-1254 of the town's land development ordinance requires a special use permit for the use telecommunication facilities slash services in the RA zoning district. Prior to the July 13, 2026 Board of Adjustment meeting, the petitioner's legal counsel requested consideration of the request to be postponed to the August Board of Adjustment meeting in order to obtain additional documentation to support the request. Yes.

Are there any questions for town staff at this time? No. OK. I'm going to open the public hearing. this time i would like to open the public hearing and table consideration for boa sup-2026-05 a special use permit for 4813 hilltop needmore road to the august 10th 2026 board of adjustment meeting at this time we're going to close the public hearing Is there a motion to table the consideration for BOA SUP-2026-05, a special use permit for 4813 Hilltop-Needmore Road to the August 10th Board of Adjustment meeting?

We'll need to leave the public hearing open. We don't need to close the public hearing. Yeah, sorry. We'll close it at the next meeting. We're holding it open until then. Okay.

So you need a motion for that?

Yeah, so I need a motion to table...

All right, I'll make a motion to table consideration for BOA SUP 2026-05 till the August 10th meeting.

I second.

All in favor, please say aye. Aye. All in opposition, please say nay. Motion to table BOA SUP 2026-05 passes. New business, Fuquay-Varina Board of Adjustment bylaws amendment. The purpose of this agenda item is to consider a proposed amendment of the Board of Adjustment bylaws to amend the meeting start time from 6, from 7 p.m. to 6 p.m., excuse me. Further information will be provided by town staff.

At the June 8, 2026 regular meeting, the Board of Adjustment unanimously voted to recommend amending the meeting times from 7 to 6 PM, effective with the August 2026 regular meeting. This amendment is consistent with the direction provided by the Board of Adjustment at the June meeting, which was to prepare a bylaws amendment to move the regular meeting. The board provided this direction upon review of meeting times from peer communities and following discussion of possible meeting times. In order to implement this decision, an amendment to the Board of Adjustment Bylaws, specifically Section 7, Proceedings B, is necessary to reflect the new regular meeting time of 6 PM. No other changes are included. Staff recommends that the Board of Adjustment bylaws be amended such that the bylaws reflect an accurate regular meeting time as initiated and approved by the Board of Adjustment at the June 2026 meeting. The amendment to Section 7 Proceedings B of the Board of Adjustment bylaws and time change from 7 to 6 PM will begin effective beginning with the Board of Adjustment's August 2026 regular meeting.

Does the board have any questions for staff? No.

No.

Is there a motion to recommend approval of an amendment of section seven proceedings B of the Board of Adjustment bylaws to change the official meeting time from 7 p.m. to 6 p.m. effective with the August 2026 meeting?

I make a motion to recommend that we approve the amendment of section 7 proceedings B of the Board of Adjustments bylaws to change the official meeting time from 7 p.m. to 6 p.m. effective with the August 2026 regular meeting. Do I have a second?

All in favor please indicate by saying aye. Aye. All in opposition please indicate by saying nay. Motion to amend Board of Adjustment meeting time from 7 p.m. to 6 p.m. passes. At this time, I would like to ask town staff if there will be an August meeting.

Yes, sir.

Wonderful. As there is no other business to discuss, I will accept a motion to adjourn the July 13, 2026 Board of Adjustment meeting.

I'll make a motion to close out the July 2026 Board of Adjustments meeting.

Do I have a second? Second. All in favor, please indicate by saying aye. Aye. All in opposition, say nay. Meeting adjourned.