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I LIKE TO CALL[1. Call to Order]
IT A HOARDER, THE APRIL MEETING OF THE CITY OF NEWBURN BOARD OF ADJUSTMENT, LIKE TO DO[2. Roll Call]
A ROLL CALL, PLEASE.DO YOU HAVE MORRISON HERE? JOHN RIGS HERE? PROVERS ARE, EXCUSE ME.
BARBARA SAMSON, JONATHAN CROSSER.
[3. New Business]
WE HAVE ONE ITEM OF NEW BUSINESS.TONIGHT'S CONSIDERATION OF A SPECIAL USE PERMIT REQUEST FOR A CHILD DAYCARE CENTER PROPERTIES LOCATED AT 1200 SIMMONS STREET AND IS FURTHER IDENTIFY AS CRAVEN COUNTY PARCEL IDENTIFICATION NUMBER EIGHT DASH OH 2 8 3 4.
DOES ANYONE INTEND TO SPEAK TONIGHT? IF SO, PLEASE COME FORWARD TO BE SWORN IN.
UH, MY NAME IS SONIA SIMMONS SO SETH, IF YOU WOULD REVIEW THE PROJECT BRIEFLY.
UM, SO THE PROPERTY LOCATED AT 1207TH STREETS LOCATED IN C5 ZONING DISTRICT.
THE APPLICANT IS WITH US TODAY, UM, WITH THE PROPOSED DAYCARE CENTER, WHICH IS, UH, USE CODE 22.00 IN THE TABLE OF USES, WHICH IS A SPECIAL USE IN C5 PROPERTIES.
AND THERE'S CURRENTLY A COMMERCIAL OFFICE STRUCTURE ON THE PROPERTY.
SO YOU SEE FROM THE AERIAL PHOTOGRAPH, THE PROPERTY IS LOCATED AT THE CORNER OF SIMMONS STREET AND MEADOWS ABOUT A BLOCK SOUTH OF THE INTERSECTION WITH NEUSE BOULEVARD.
AND YOU CAN SEE THE PROPERTY GAIN HERE, A SMALL AREA OF C5.
YOU'VE GOT THE SITE PLAN, THE PROFILE, AND THE PROJECT WENT THROUGH THE DEPARTMENTAL SITE PLAN REVIEW PROCESS.
THAT'S HAD A COUPLE OF COMMENTS THAT THE ENGINEER MADE THOSE CORRECTIONS QUICKLY.
THEY'VE GOT SITE PLAN APPROVAL AND THEIR QUESTIONS, OR NO ISSUES WITH THAT.
WE'VE GOT THE TABLE AND USE IT SECTION 15, 1 46.
AGAIN, SEE HERE THAT NURSING SCHOOLS OR DAYCARE CENTERS USE CODE 22.000 OR ESPECIALLY USE IN C5.
ALTHOUGH, UM, PUBLIC NOTICE REQUIREMENTS AT THE MET GOT A PHOTO OF THE PROPERTY.
UH, AGAIN, THE PROJECT WENT THROUGH THE DRC, UM, ON FEBRUARY THE 25TH, 27TH, 2022, WE FOUND A PROPOSED PROJECT IS CONSISTENT WITH THE PLANS, RULES, AND REGULATIONS OF THE CITY OF NEW BERN.
STAFF'S RECOMMENDATION COORDINATE 15, 1 46 AT THE LAND USE ORDINANCE DAYCARE CENTER MUST OBTAIN A SPECIAL USE PERMIT, OPERATE IN THE C5 AND THE DISTRICT STAFF FINDS THAT THE APPLICANT HAS MET ALL THE LAND USE ORDINANCE REQUIREMENTS OF SECTION 15 DASH 54 FOR A SPECIAL USE PERMIT, AND HAS NO OBJECTION TO APPROVAL OF THIS REQUEST.
WE HAVE TO TAKE ANY QUESTIONS AT THIS TIME.
ANY QUESTIONS BEFORE WE START? OKAY.
YOU'RE ASSIGNED DESCENDANTS IF WHEN IT COME FORWARD AND YOU JUST MAYBE JUST BRIEFLY ADD ANYTHING YOU'D LIKE THAT, THAT, UH, MR. LAUGHLIN DIDN'T COVER.
WHAT IT DID IS THIS WOULD BE A SECOND BUSINESS OF CHILDCARE THAT WE HAVE HERE IN NEWBURN, HALF OUR FIRST ONE LOCATION ON HIGHWAY 55, WHERE WE WENT THROUGH 19 YEARS AGO, SAME TYPE ON THE ADJUSTMENT BOARD THAT WE'RE DOING NOW.
UH, AND THEN WE HAVE ONE BREAKFAST SIDE, UM, BURGER KING ACROSS THE STREET AND BESIDE WAYNE, AND THAT IS OUR PRESCHOOL AND AFTERSCHOOL.
THIS ONE HERE WILL BE LOCATED, WOULD BE FOR TWO THROUGH THE AGE OF 12 AND 12 MAN GESTURE, SMALLER KINDERGARTEN, SO THAT WE'LL HAVE ENOUGH ROOM FOR EVERYONE.
UH, CURRENTLY WE HAVE 17 STAFF AND SOME OF THOSE STAFF WILL BE DEDICATED TO HIS BUILDING AS WELL.
SEVERAL FROM THAT I HAVE A PRIVATE SCHOOL.
WE KNOW WHAT WE'RE DOING, BEEN DOING IT A LONG TIME.
UM, JUST AS A LITTLE BIT OF HISTORY WHERE I DID NINE 11 NEWBURN PD FOR 10 YEARS IN THE DEPARTMENT OF CORRECTIONS, WHARTON SCHOOL SYSTEM FOR 20.
SO IT IS GRATEFUL THAT, UM, Y'ALL HAVE
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GRANTED THIS BECAUSE WE HAVE A LOT MORE KIDS IN THE COMMUNITY THAT NEEDS THE CARE AND WE HAVE THE STAFF TO PROVIDE WHAT WE NEEDED IN THIS AREA.UM, THERE ARE ANY QUESTIONS FROM THE BOARD AT THIS POINT.
YOU STILL WANT TO KEEP THE UP ENTRANCE, THEN YOU GO INTO THE DAYCARE ON MELBOURNE STREET.
WE'RE GOING TO DO THE ENTRANCE WHERE THE FAN SAYS, BUT WE'RE HAVING THE GATE WHERE YOU COME OUT.
SO IT'S GOING TO COME IN AND THEY GOING TO COME OUT ON CENTER STREET.
SO WE, SO WE'RE THE GATE, HIS NAME THAT GATE WILL BE OPEN UP SO THAT IT'LL COME IN ONE WAY AND THEY EXIT THE OTHER WAY.
SO WE WOULD NOT OPEN THAT GATE SO IT CAN BE A FLOW EXIT ON, AND YOU'RE REFERRING TO A CHAIN LINK FENCE THAT YOU, YES, SIR.
IT'S A CHAIN LINK FENCE ALREADY THERE, BUT WE'RE GOING TO DO OPEN IT UP.
I'VE ALREADY TALKED TO THE FENCE IN COMMON AND THEY'RE GOING TO OPEN UP WIDE ENOUGH THAT TRASH TRUCK VEHICLES CAN GO THROUGH THERE WITH NO PROBLEM, BUT THE ANSWER PANEL MEN, BUT EXIT ON SENTENCE.
THE, THE ACTUAL HEARING, THE BOARD OF ADJUSTMENT HOLDS A QUASI JUDICIAL HEARING ON AN APPLICATION FOR SICK CERTIFICATE OF APPROPRIATENESS.
THE COMMISSION HERE IS SWORN TESTIMONY AND EVIDENCE PROVIDED BY THE APPLICANT BY PARTIES WHO RECEIVED NOTICE OF THE HEARING AND BY OTHERS WHO CAN JUSTIFY THAT THEY HAVE RELEVANT EVIDENCE AND ARE DIRECTLY AFFECTED BY THE APPLICATION.
YOU HAD ANSWERED THESE QUESTIONS ON THE APPLICATION, BUT I DO HAVE TO GO THROUGH SIX SPECIFIC FINDINGS THAT WE HAVE TO MAKE AND WE'LL GO THROUGH THEM ONCE FOR THE PUBLIC AND THEN WE'LL DO THEM AGAIN AND ACTUALLY VOTE ON EACH ONE AND TRY.
SO THE SPECIFIC FINDINGS WE NEED TO CONCLUDE ARE NUMBER ONE, THE REQUESTED PERMIT IS WITHIN ITS JURISDICTION, ACCORDING TO THE TABLE OF PERMISSIBLE USES.
DO YOU HAVE ANY QUESTIONS OR COMMENTS ABOUT NO, SIR, THE APPLICATION IS COMPLETE.
IT APPEARS BOARD MEMBERS HAVE ANY QUESTIONS THERE ABOUT THE COMPLETENESS OF THE APPLICATION.
I WILL NOTE THAT THAT FENCE DOESN'T APPEAR ON THE DRAWING.
NUMBER THREE, IF COMPLETED AS PROPOSED IN THE APPLICATION, THE DEVELOPMENT WILL COMPLY WITH ALL THE REQUIREMENTS OF THIS ORDINANCE.
YOU'VE HAD THE SITE PLAN REVIEW OF THE WAY THAT'S SUFFICIENT.
THE USE WILL NOT MATERIALLY MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED, ACCORDING TO THE PLAN IS SUBMITTED.
AND WAS THAT THE REASON FOR YOUR FENCE, THE FENCE WAS ALREADY THERE.
AND THAT WAS A GOOD THING BECAUSE IF NOT THE DIVISION OF CHILD AVAILABLE, ANYTIME YOU HAVE A CHILDCARE CENTER, YOU HAVE TO HAVE A FANCY ROOM, A LOT OF TRAFFIC.
AND IF ANYBODY IS WATCHING THIS LATER, IT'S RIGHT NEXT TO PIGGLY WIGGLY RIGHT NEXT TO THE PARKING LOT.
UM, THE USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF ADJOINING OR ABUTTING PROPERTY OUTSIDE OF THE EXEMPT, UH, USE WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF A JOINING OR A BUDDING PROPERTY.
AND THAT THE USE IS A PUBLIC NECESSITY.
IT'S NICE TO HAVE, BUT IT'S NOT A PUBLIC NECESSITY.
AND LAST THE LOCATION AND CHARACTER OF THE USE OF DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED WILL BE IN HARMONY WITH THE AREA IN WHICH IT IS BE LOCATED.
AND IN GENERAL CONFORMITY WITH THE PLAN OF DEVELOPMENT IN THE CITY.
BOARD MEMBERS HAVE ANY QUESTIONS ON ANY OF THOSE? YOU ALL LOOK THROUGH THE PACKET, ANY MORE COMMENTS? WE HAVE NO PUBLIC, UH, ASIDE FROM YOURSELF HERE.
SO WE WILL NOT HAVE ANY ADDITIONAL PUBLIC COMMENT.
DO I HAVE A MOTION TO CLOSE THE PUBLIC HEARING ALL IN FAVOR? AYE.
NOW WE'LL CONSIDER EACH OF THOSE SIX REQUIREMENTS AS A BOARD HERE.
YOU'RE WELCOME TO TAKE A SEAT.
WE CAN, WE CAN TALK TO YOU SITTING DOWN.
NUMBER ONE, THE REQUESTED PERMIT IS WITHIN THIS JURISDICTION, ACCORDING TO THE TABLE WITH PERMISSIBLE USES, ARE THERE ANY BOARD QUESTIONS OR COMMENTS ABOUT THAT? I HAVE A MOTION, UH, UH, DEPARTMENTS WITHIN THIS JURISDICTION.
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PETER DYLAN.ANY BOARD QUESTIONS OR COMMENTS ON THAT? I HAVE A MOTION.
SECOND THAT FOR A ROLL CALL PLEASE.
IF COMPLETED AS PROPOSED IN THE APPLICATION TO DEVELOP THEM WILL COMPLY WITH ALL OF THE REQUIREMENTS OF THIS ORDINANCE.
ANY BOARD CONCERNS OR COMMENTS ABOUT THAT? EMOTIONAL.
I LOST MY APPLICATION DEVELOPMENT WILL COMPLY WITH ALL OTHER SECOND ROLL CALL PLEASE.
AND NUMBER FOUR, THE USE WILL NOT MATERIALLY ENDANGER THE PUBLIC HEALTH OR SAFETY IF LOCATED WERE PROPOSED AND DEVELOPED.
ACCORDING TO THE PLAN IS SUBMITTED ANY COMMENTS OR CONCERNS ON THAT? I CAN HAVE A MOTION PLEASE AND MAKE THE MOST OF THAT TO USE, BUT NOT MATERIAL IN DANGER, THE PUBLIC HEALTH AND SAFETY LOCATED.
AND ACCORDING TO THE PLANS, SECOND ROLL CALL PLEASE.
DO YOU USE, WILL NOT SUBSTANTIALLY REDUCE THE VALUE OF THE JOINING OR BUDDING PROPERTY CONCERNS OR COMMENTS THERE? MOTION, PLEASE.
UH, THE VALUE OF PROPERTY OR ROLL CALL PLEASE.
UH, IS THERE ANY CONCERN THAT THE IS A PUBLIC NECESSITY? I DON'T BELIEVE SO.
NUMBER SIX, THE LOCATION AND CHARACTER OF THE USE OF DEVELOPED ACCORDING TO THE PLAN IS SUBMITTED AND APPROVED 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 CITY, ANY CONCERNS THERE, COMMENTS AND A MOTION FOR THAT, PLEASE.
I MAKE THE MOST OF THAT OCCASION, THE CARROTS OR THE JUICE, THE USE, ACCORDING TO THE PLANS SUBMITTED AND APPROVED TO BE IN HARMONY WITH THE AREAS IN WHICH IT IS TO BE LOCATED.
AND IN GENERAL, HAVE A PHARMACY WITH A BAN ON THE CITY.
SECOND THEN WE'LL CALL PLEASE.
NOW WE, UM, AND I ASKED FOR A MOTION, PLEASE DEFINE THAT THE PROPOSED PROJECT DOES OR DOES NOT MEET THE REQUIREMENTS FOR THE SPECIAL USE PERMIT THAT IT DOES MEET THE REQUIREMENT.
CAN WE HAVE A SECOND? DID YOU THANK YOU.
MOTION PASSES AND MOTION TO APPROVE THE SPECIAL USE PERMIT OR DENY IT.
I MAKE A MOTION THAT WE APPROVE THE SPECIAL USE PERMIT FOR THIS APPLICATION.
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WE'LL CALL PLEASE.ARE THERE ANY CONDITIONS THAT THE BOARD OR STAFF MAY WISH TO INCLUDE ANY ADDITIONAL COMPLIMENT? NOT FROM STAFF, NO BOARD MEMBERS.
WE HAVE NO ADDITIONAL COMMENTS OR CONDITIONS.
SO MS. SIMMONS, YOUR PERMIT IS APPROVED.
WHEN, WHEN DO YOU PLAN TO OPEN? DID YOU WANT TO SHOOT FOR