WSCO_WAKE_Proposed Zoning Map Amendment Staff Report_20220621

Proposed Zoning Map Amendment
Staff Report
Board of Commissioners Hearing: June 21, 2022
Rezoning Petition #: PLG-RZ-002881-2021
Request: To rezone a 0.604-acre portion of the 2.934-acre property located at 9101
Falls of Neuse Road from Residential-40 Watershed (R-40W) to Conditional Use-
Residential-40 (CU-R-40) to allow for a technical correction of the outermost watershed
boundary based upon a field verified topographic survey, and to authorize staff to
submit the requested change to the North Carolina Department of Environmental
Quality for formal approval.
Note: A conditional use rezoning means that the petitioner has voluntarily offered
several conditions that would run with the land and would apply to any subsequent
development on the property. Conditions related to screening, placement of
improvements, building height, lighting and limitations on future uses are offered in an
attempt to mitigate potential impacts of development upon off -site properties. Please
see the attached petitioner's conditions (including the list of over 20 uses or use
categories that they have excluded from future consideration).
Note: This rezoning petition was submitted last year, prior to adoption of the new
Comprehensive Plan. Because of this, staffs review and analysis of this petition is
based on the former Wake County Land Use Plan and guiding materials. This analysis
is reflected in this staff report. This approach is consistent with North Carolina General
Statutes section 143-755 Permit Choice, whereby the applicant may choose which
version of the "rule or ordinance" (i.e.--the former version or the new version) applies to
the application and use of land. In this case, the petition does not benefit more or less
from either the new Comprehensive Plan or the former Land Use Plan.
Location: The subject property is located at 9101 Falls of Neuse Road adjacent to the
1-540 westbound on -ramp, Falls of Neuse Road, and the Muirfield Subdivision.
Existing Zoning: Residential-40 Watershed, R-40W (with Special Highway Overlay
District, SHOD)
Proposed Zoning: Conditional Use-Residential-40, CU-R-40 (with Special Highway
Overlay District, SHOD)
Existing Land Uses: Vacant, wooded
Petitioner: Mark Phillips, Pabst Design Group
Owner: Falls Ridge West, LLC, James Jackson, Manager

PIN: 1718527761
Surrounding Land Uses and Zoning Districts
Direction
Existing Land Use
Zoning District
North
Single-family residential (Muirfield
Residential-40 Watershed
Subdivision)
East
Falls of Neuse Road, commercial
City of Raleigh Corporate Limits
uses within Raleigh
South
1-540 westbound on -ramp
City of Raleigh Extra -Territorial
Jurisdiction (ETJ)
West
Single-family residential (Falls
Residential-40 Watershed (with
Ridge West Subdivision)
Special Highway Overlay District)
Land Use/Zoning History
1970: General zoning was first applied to the northwestern portion of Wake County
1984: Residential-40 Watershed and Residential-80 Watershed zoning districts were
created and applied to the Falls Lake area (as well as to other water supply
watershed areas within Wake County's zoning jurisdiction)
Wake County Land Use Plan
The Wake County Land Use Plan's General Classification map designates this area as
Non -Urban Area/Water Supply Watershed (NUA/WSW). The Wake County Land Use
Plan defines NUA/WSWs as areas within the county's jurisdiction that are not intended
to be urbanized. Public utilities (i.e.--water and sewer) are generally not allowed to be
extended into this water supply watershed area (thus its non -urban designation) except
for public health and safety reasons (e.g.--contaminated groundwater or an unrepairable
septic system). [While this submittal predated the adoption of the PLANWake
Development Framework Map, staff wanted to note that this area has a Rural
designation in that document.]
For ease of administering water supply watershed regulations most planning
jurisdictions use a roadway as the dividing line between watershed and non -watershed
areas, even though the staff knows that the actual ridgeline may meander back and
forth across the roadway. The thought is that the plus and minus areas on either side of
the roadway/ridgeline generally net out and the overall watershed protection objectives
are achieved. The planning staff has confirmed the acceptability of this philosophy with
the state's water supply watershed protection program staff and has processed several
similar petitions over the last decade or so.
The purpose of this rezoning petition is to make a technical correction to the outermost
boundary of the Falls Lake water supply watershed within the subject property based
upon a field verified topographic survey. Please see the attached petition materials for
the sealed survey by Ralph V. Pendergraph, Jr. of PTS Land Surveying and the
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accompanying sealed engineer's letter, maps, aerial photographs, etc.... from the
petitioner, Pabst Design Group.
These materials indicate that the topography has not been altered and that this 0.604-
acre portion of this lot drains naturally out of the Falls Lake water supply watershed.
Stormwater falling upon this 0.604-acre area sheet flows to the front roadside ditch
where it enters a 24-inch drainage pipe near the southeastern corner of the property
and flows under Falls of Neuse Road (i.e.—away from Falls Lake). This 24-inch pipe
connects to a series of other increasingly larger drainage pipes, continuing to the
southeast, for a total run of approximately 450 feet before exiting into an open channel.
The state law and the Wake County Unified Development Ordinance (UDO) indicate
that any rezoning should be consistent with the Land Use Plan. Even through this
rezoning petition is just a technical correction to the zoning map, the rezoning petition
must be processed in the same manner as a regular rezoning case. The subject
property's current zoning of R-40W is consistent with the Land Use Plan's General
Classification map designation of this area as a Non -Urban Area/Water Supply
Watershed (NUA/WSW). The NUA/WSW areas allow for low -density residential uses
and a limited range of nonresidential uses (e.g.—daycare).
Dropping the water supply watershed designation of the front 0.604-acre portion of the
subject property will not change the Non -Urban Area designation and would not
significantly alter the allowable uses by -right (i.e.—administratively approvable by staff)
on the property. Uses such as a library, school, place of religious assembly,
governmental use, or a golf course as part of a subdivision would become uses by -right,
however the petitioner has indicated that "none of these permitted uses is feasible due
to the small size of the area being rezoned" (although they are not specifically excluded
in the proposed conditions). The permissible range of uses, if the watershed
declassification rezoning is approved, are reasonable for the area (as evidenced by
their listing in the Permissible Use Table of section 4-11 of the UDO).
The petitioner has indicated that they do not "propose any specific use allowed by this
rezoning, but simply requests a technical correction so that the zoning classification
comports with the actual physical characteristics, topography, and natural drainage
patterns of the property". The petitioner notes that "This rezoning of 0.604-acres is in
the nature of a technical correction so that the zoning designation does, in fact, comply
with that implicit assumption of the Land Use Plan",
The petitioner notes that "A small cafe along with an additional [multi -use] building that
may someday be developed on this parcel —following satisfaction of multiple
requirements" and "would be consistent with the adjacent transportation infrastructure,
would create additional employment opportunities, and would provide goods or serves
that are needed and would be enjoyed by the surrounding properties".
The petitioner has indicated that other actions would be needed to significantly alter the
allowable uses on the subject property. They have indicated their intent to pursue a
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subsequent Land Use Plan Amendment (LUPA) to create a new activity center at this
location (if the rezoning is approved). That LUPA process would be similar to a rezoning
petition in that it would require a public meeting with, and recommendation from, the
Planning Board and a public hearing before the Board of Commissioners. Each of those
meetings would require the same notifications as a rezoning process. If the LUPA is
approved, then most subsequent uses (such as the cafe and the retail/personal service
uses that they have mentioned) would require a detailed site plan review by staff and a
duly noticed public hearing before the Wake County Board of Adjustment for
consideration of a Special Use Permit (SUP). SUPs include a test for Land Use Plan
consistency, which for most uses would require that they be located within a designated
activity center. There are other tests for a SUP that involve an evaluation of whether
they fit with the harmony of the area, adverse impacts on adjoining property values,
etc....).
The petitioner indicates that the rezoning request also complies with two of the goal
statements of the Wake County Land Use Plan. The petitioner has noted that Goal # 2
"is to allow and "encourage growth close to municipalities" and discusses in the petition
material the proximity of more intensive urban -type development across Falls of Neuse
Road (a major arterial road). They also indicate that the rezoning petition is consistent
with Goal # 10, "which is the County's policy of "prevent[ing] contamination of and
maintain[ing] the capacity of groundwater resources". The petitioner notes that this goal
also states that the County will use "groundwater monitoring and modeling to better
understand the dynamics of groundwater movement in areas where groundwater is the
primary source of drinking water".
In accordance with the North Carolina General Statutes and the Wake County Unified
Development Ordinance, any proposed rezoning should be consistent with the Wake
County Land Use Plan. Since this survey represents a refinement of the data (i.e.—the
watershed boundary) that is already represented on the General Classification Map, the
staff has deemed that the rezoning petition is consistent with the Land Use Plan.
It is the planning staff's professional opinion that the rezoning petition for Conditional
Use-Residential-40 zoning, the retention of the Non -Urban Area designation, and the
permissible range of uses would be consistent with the general Wake County Land Use
Plan, are reasonable, appropriate for the area, and in the public interest.
If the rezoning/watershed boundary adjustment is approved by the Wake County Board
of Commissioners (and then by the North Carolina Department of Environmental
Quality), then the Planning staff would make a corresponding administrative
amendment to the General Classifications Map to change the designation of the front
0.604-acre portion of this lot from Non -Urban Area/Water Supply Watershed to just
Non -Urban Area (as the City of Raleigh has indicated that they have no intention of
providing public water or sewer service to this property, or annexing it).
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Required Statement of Consistency with the Land Use Plan and Public Interest
North Carolina General Statute 160D-604, and Section 19-21-6 (C) of the Wake County
Unified Development Ordinance, require that the Planning Board provides the Board of
Commissioners with a statement of whether or not the proposed rezoning petition is
consistent with the Land Use Plan, reasonable, and otherwise advances the public
health, safety, and general welfare. In making a determination of whether or not to
approve the rezoning petition, the Board of Commissioners must adopt a statement
describing whether or not the proposed rezoning petition is consistent with the Land
Use Plan, reasonable, and otherwise advances the public health, safety, and general
welfare, or why it chose to deviate from the Land Use Plan and how that decision is
reasonable and in the public interest.
The petitioner has provided several statements indicating (1) why they believe that the
proposed rezoning and subsequent use is a public necessity, and (2) explaining its
impact on the surrounding neighborhood and adjacent properties. They have also
provided statements of (3) how the rezoning complies with the Land Use Plan; (4) how
the rezoning benefits the adjacent and surrounding properties and (5) how it otherwise
advances the public health, safety and general welfare. These statements are included
in the attached petition package.
The planning staff has drafted a statement of consistency, reasonableness, and public
interest for consideration by the Board of Commissioners (see attached draft
statement). This is the same statement that was adopted by the Planning Board at their
May 4, 2022 meeting.
Input from the City of Raleigh
As part of the Wake County Planning Staff's review of any rezoning request, a copy of
the petition is forwarded to the relevant municipality whose Urban Services Area that
the subject property lies within to allow them the opportunity to provide courtesy review
comments. In this case the Falls Lake area is designated as a Non -Urban Area/Water
Supply Watershed on the Wake County General Classifications Map and therefore is
not located within any municipality's Urban Services Area. However, the City of Raleigh
has annexed the areas on the eastern side of Falls of Neuse Road and the 1-540
westbound on -ramp directly adjacent to the subject property to the south is located
within the City's Extra -Territorial Jurisdiction (ETJ). Additionally, Falls Lake is the City's
primary drinking water source.
Accordingly, the Wake County Planning staff provided a copy of the rezoning petition to
the City of Raleigh's Planning staff on March 17, 2022 (after a detailed phone
discussion) and requested their feedback. However, the Wake County Planning staff
has received no comment from the City staff as of the date of the writing of this report.
In discussions with the petitioner, City staff has indicated that they will not extend water
or sewer to the subject site and have no intent to annex the property.
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Input from the North Carolina Department of Environmental Quality (DEQ)
Ultimately, any modification of Wake County's watershed boundaries must be reviewed
and approved by the North Carolina Department of Environmental Quality's (DEQ)
Division of Energy, Mineral, and Land Resources (DEMLR) before it can be finalized
and implemented. The Wake County Planning Staff provided a copy of the rezoning
petition to DEQ staff on March 16, 2022 (after a detailed phone discussion), to seek
their feedback and is not aware of any issues or concerns that they have with the
petition.
The county has processed several similar requests to the state over the last decade or
so as minor adjustments to the local watershed boundaries. The DEQ Program
Coordinator, Paul Clark, has indicated that the "request is developed at the local level
and then submitted to the state for review". Procedurally, DEQ cannot formally act upon
this request unless and until the Wake County Board of Commissioners has approved
permission to submit the request. If the rezoning petition is approved, the Wake County
Planning Staff will forward the relevant petition materials, staff report, and executed
ordinance to the state for formal approval and incorporation into the state -recognized
Wake County watershed boundaries.
Input from Neighboring Property Owners
The proposed rezoning (and a pending Land Use Plan Amendment to create an activity
center at this location and a possible subsequent development that would most likely
require a Special Use Permit via a public hearing before the Board of Adjustment) has
been known to many of the neighbors for quite some time as these discussions have
been ongoing for almost three years. So there have been a great number of phone call
and e-mail interactions with some of the neighbors during that time frame (with two
residents of the adjacent Muirfield Subdivision serving as points of contact for the
concerns of the neighbors).
The petitioner held a neighborhood meeting on Wednesday, November 13, 2019, to
discuss the requested rezoning and the potential subsequent use of the property for "a
cafe with personal services or office use". The meeting was attended by approximately
35 area residents. The petitioner held a second neighborhood meeting on Tuesday,
January 7, 2020, that was attended by approximately 23 area residents.
Based upon the meeting minutes, the neighbors expressed concerns regarding:
• Current traffic issues in the area and increased traffic from the development.
• Possible speculative development of the property.
• Development of parking lot in the watershed.
• Whether the entire property should remain in the watershed.
• Light pollution from the parking lot lights.
• Hours of operation for the business on the property.
• Noise from the development.
• Loss of trees and buffer for noise and adverse visual impacts from 1-540.

• Opportunity to express opinion about the rezoning and development to the
County.
• Water runoff from the property onto neighboring parcels.
Since the neighborhood meetings were held there have been concerns/claims about:
• One or more abandoned wells on the site (one was determined to be a pit and
not a well). [This would ordinarily be a site plan consideration.]
• The presence of contaminates on the site (some contaminated soils have been
removed from the site). [This would ordinarily be a site plan consideration.]
• Concerns about an underground storage tank on the site and possible continued
contamination (that tank was actually located on land where the 1-540 westbound
on -ramp is located, and the records included a reference to a "no further action"
letter indicating that there were no further concerns with that site).
At the Planning Board meeting on May 4, 2022 an opposition petition was presented
into the record by a nearby property owner on behalf of approximately 140 area
residents. While some of the petition signers were from the two adjacent subdivisions,
there were also some signers from the broader area and included residents from the
opposite side of Falls of Neuse Road. A copy of the opposition petition is included in
the Board's agenda item packet.
The Planning staff has attempted to address the various concerns as they have been
raised and has provided responses to the neighborhood representatives. The petitioner
had voluntarily offered several conditions in an attempt to address some of the concerns
that have been raised by the neighbors. These conditions would run with the land and
would apply to any subsequent development on the property. Conditions related to
screening, placement of improvements, building height, lighting and limitations on future
uses are offered in an attempt to mitigate potential impacts of development upon off -site
properties. Please see the petitioner's conditions.
As per our normal process, the County planning staff mailed out letters to all property
owners (91) within 1,000 feet of the perimeter of the subject property and posted a
public hearing notice sign along the Falls of Neuse Road frontage. In response to those
efforts to solicit neighborhood feedback, the planning staff has received a few additional
phone call or e-mail inquiries.
Utilities
The subject property is located within the Falls Lake water supply watershed. By policy
the City of Raleigh does not extend water and/or sewer lines into the watershed except
for public health and safety reasons (e.g.--contaminated groundwater or an unrepairable
septic system). Therefore, any future development on the subject property will have to
be served by an individual well and septic system. The petitioner has had discussions
with the Raleigh Public Utilities staff, and they have indicated that they will not serve this
site with public utilities even if a portion of the property is declassified from the
watershed.

If the rezoning is approved by the Wake County Board of Commissioners (and then
formally by the North Carolina Department of Environmental Quality), then the Planning
staff would make a corresponding administrative amendment to the General
Classifications Map to change the designation of the front 0.604-acre portion of this lot
from Non -Urban Area/Water Supply Watershed to Non -Urban Area (as the city has
indicated that they will not extend water or sewer to the subject site and have no intent
to annex the property).
Environmental Issues
The Environmental layer in Wake County GIS does not show any Federal Emergency
Management Agency (FEMA) regulatory floodplains, Wake County flood hazard soils,
streams or drainage features, associated riparian buffers or wetlands within, or adjacent
to, the subject property.
As shown on the field verified topographic survey, the front 0.604-acre portion of the
subject property drains away from the Falls Lake water supply watershed. The
associated ridgeline is approximately 10,000 feet (1.89 miles) from the lake surface as
roughly measured in GIS. The ridgeline is approximately 1,240 feet (0.23 mile) from the
nearest USGS blue line stream.
The state allows compliance with their water supply watershed regulations via either a
density standard or an impervious surface limitation standard —Wake County uses both.
Additionally, Wake County has wider 100-foot water supply watershed buffers than the
state -required 50-foot buffers. Please note that any future development on the subject
property will not be allowed to alter the topography or otherwise divert the drainage
back into (or out of) the Falls Lake water supply watershed. County Planning and
Environmental Services staff will ensure that the natural drainage pattern is adhered to
during any subsequent site plan review process.
The Wake County Unified Development Ordinance includes provisions that would
require any future development on the subject property to perform a stormwater
analysis and install stormwater control measures to mitigate any potential off -site
impacts of the development.
Transportation Plan
NCDOT is currently working on a road improvement project (U-5826) to widen Falls of
Neuse Road with construction expected to last for 1 '/2 to 2 years. The project is
proposed to widen Falls of Neuse Road from 1-540 to Durant Road from four to six lanes
(plus turn lanes at intersections). This would exceed what is listed in the Wake County
Transportation Plan which calls for a five -lane facility.
In proximity to the subject property the plan is to provide for three northbound through
lanes, a northbound left -turn lane onto Stonegate Drive, three southbound through
lanes, a southbound left -turn lane onto Falls Valley Drive, and a southbound right -turn
lane onto the westbound 1-540 on -ramp. This right turn lane is proposed to begin
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approximately 200 feet south of Stonegate Drive and extend across the subject
property's frontage, so that it would serve the 1-540 westbound on -ramp and the subject
property.
Traffic Generation
The Wake County Unified Development Ordinance requires a formal Traffic Impact
Analysis (TIA) for any development that is projected to generate more than 1,000 trips
per day, or more than 100 trips during either the AM or PM peak -hour as determined by
the Institute of Transportation Engineers' (ITE) Trip Generation Manual for specified
proposed uses.
The planning staff required the petitioner/owner to prepare a traffic assessment
statement to determine if a TIA would be required. The proposed uses that have been
discussed include a 1,450 square foot cafe/coffee shop with a drive -through window
and no indoor seating, and a 6,160 square foot neighborhood/convenience-oriented
retail/personal services building. Via scoping discussions with NCDOT and Wake
County staff, the petitioner's contracted traffic engineering firm, Wetherill Engineering,
projected a total daily traffic volume of 828 trips, an AM peak hour volume of 71 trips
and a PM peak hour volume of 55 trips. [Please note that a vehicle entering the site is
counted as a trip and the same vehicle exiting the site counts as another trip.] The total
daily trip generation from this site would increase traffic on the adjacent roadway by only
1.6%. The pending roadway improvements discussed above should help improve traffic
conditions (especially if the ramp meters are not brought into service again).
Therefore, no TIA will be required by the Wake County UDO, however, NCDOT has
indicated that they will require a TIA if and when the project progresses to the site plan
review stage given its proximity to the 1-540 westbound on -ramp. Wake County
Planning staff will review the TIA at that time. The Planning staff has received
complaints about traffic backing up from the westbound on -ramp onto Falls of Neuse
Road and adversely affecting traffic flow. This back-up is reported to have been related
to NCDOT's ramp meters that were installed in an attempt to control traffic entering I-
540. NCDOT has indicated that due to a reduction in traffic volumes stemming from
COVID-19 that the ramp meters are not currently in use.
Traffic Accidents
Falls of Neuse Road is a heavily traveled road which is currently operating slightly
above (approximately 8%) its design capacity (50,500 vehicles per day versus a design
capacity of 46,700 vehicles per day). During the five-year period of July 1, 2013 through
June 30, 2018 within the immediate vicinity of the Stonegate Drive intersection there
were 30 accidents (an average of six per year). There were eight accidents during this
five-year period that involved a total of 11 minor injuries and 22 accidents that were
property damage only. The majority of the accidents (17 of 30 for 57%) involved rear
end, slow or stopped conditions that are typical of heavily traveled roadways. The
pending roadway improvements discussed above should help improve traffic safety
(especially if the ramp meters are not brought into service again).

Planning Staff Findings
1. The proposed Conditional Use-Residential-40 rezoning is a refinement of the
data that is already represented on the General Classification Map (i.e.--the
outermost water supply watershed boundary), therefore the staff has deemed
that the rezoning petition is consistent with the Land Use Plan.
2. The petitioner noted that the proposed rezoning complies with two stated goals of
the Wake County Land Use Plan.
3. A detailed traffic assessment statement prepared by a professional traffic
engineer indicated that the proposed development would generate less traffic
than the threshold for a formal Traffic Impact Analysis and would increase traffic
on the adjacent roadway by only 1.6%.
4. There is an on -going NCDOT project to widen Falls of Neuse Road within this
immediate area that should help improve traffic conditions.
5. Most subsequent uses of the subject property would require the petitioner to first
obtain a Land Use Plan Amendment (LUPA) via a separate public hearing
process to create a new activity center at this location and then a Special Use
Permit (SUP) via a public hearing before the Board of Adjustment.
6. A detailed site plan must be approved by the appropriate county and state
agencies prior to future development on the subject property to ensure
compliance with all applicable regulations.
7. The City of Raleigh's planning staff has not returned any comments on the
rezoning petition.
8. The Department of Environmental Quality staff has not indicated any issues or
concerns with the proposed technical correction of the watershed boundary.
9. Wake County planning staff has received a number of concerns/objections from
some of the surrounding property owners.
Planning Staff Recommendation
That the Board of Commissioners holds a public hearing to consider rezoning petition
PLG-RZ-002881-2021 and-
1 . Adopts the drafted statement finding that the requested rezoning to Conditional Use-
Residential-40 zoning (i.e.—technical correction of the watershed boundary), the
retention of the Non -Urban Area designation, and the permissible range of uses are
consistent with the Land Use Plan, reasonable, and otherwise advances the public
health, safety, and general welfare;
and by separate motion
2. Approves the rezoning petition, PLG-RZ-002881-2021, as presented, and authorizes
staff to submit the requested change to the North Carolina Department of Environmental
Quality for formal approval.
Planning Board Recommendation
1. The Planning Board, at their Wednesday, May 4, 2022 meeting, recommended by
unanimous vote, that the Wake County Board of Commissioners adopts the drafted
Statement of Consistency, Reasonableness, and Public Interest;
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and by separate motion
2. The Planning Board, at the same meeting, recommended by unanimous vote that the
Wake County Board of Commissioners approves the rezoning petition as presented and
authorizes staff to submit the requested change to the North Carolina Department of
Environmental Quality for formal approval.
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Rezoning Conditions Proposed by Petitioner
1. An eight (8)-foot tall masonry wall or opaque fence, or two (2)-foot berm and six
(6)-foot tall masonry wall or opaque fence, will be installed along the northern
property line from Falls of the Neuse Road to the westernmost point of any
building(s) or paved parking/vehicle circulation area(s).
2. Plants will be installed that will provide, at their maturity, year-round screening of at
least 80% of the exterior face area of the masonry wall or opaque fence along the
northern property line.
3. No structures will be constructed, or paving installed more than 350 feet from the
Falls of the Neuse Road right-of-way other than as necessary for stormwater
control, septic system, or well(s).
4. The maximum building height, as calculated pursuant to the UDO, shall be no
greater than twenty-five (25) feet above post -construction grade.
5. Exterior lighting of the parking/vehicle circulation area(s) shall be limited to LED
fixtures and will be fitted with shadow -box -type, full cut-off shielding to minimize
light at the property line.
6. The following uses, as listed in the Wake County UDO Use Table, will not be
permitted on the property:
Residential Use Group:
Mobile home
Family care home
Group care facility
Group home
Health/personal care facility
All other group living
Hospitals
Lodge or Private Club
Animal Services
Kennel
Shelter
Gas Station
Lodging
Campgrounds and recreational vehicle parks
C)ffira
Conference center/retreat house
Recreation and Entertainment, Outdoor
(All uses in category)
Retail Sales and Service
Neighborhood/convenience-oriented retail (with gas sales)
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Vehicle Sales and Service
Vehicle repair/service
Waste -Related Use
(all uses in category)
Other Use Group
Solar energy systems
Special Events
Static transformer stations, radio/TV and towers, relay station
Water Tower
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Draft Statement for Consideration by the
Board of Commissioners
MOTION FOR A FINDING OF CONSISTENCY WITH THE WAKE
COUNTY LAND USE PLAN, REASONABLENESS, AND PUBLIC
INTEREST (1ST MOTION)
In the matter of PLG-ZP-002881-2021, I move that the Board of Commissioners adopts
the following recommended statement of consistency, reasonableness, and public
interest:
1) The Board finds that the requested rezoning to Conditional Use-Residential-40, is a
refinement of the data that is already represented on the General Classification Map
(i.e.--the outermost water supply watershed boundary) and is therefore consistent
with the Land Use Plan.
2) The retention of the Non -Urban Area designation is consistent with the Land Use
Plan.
3) The permissible range of uses, if the watershed declassification rezoning is
approved, are reasonable for the area.
4) The petitioner has indicated compliance with two stated goals of the Wake County
Land Use Plan regarding encouraging growth close to municipalities and protection
of groundwater resources.
5) A detailed traffic assessment statement indicated that the proposed development
would increase traffic on the adjacent roadway by only 1.6%, and an on -going
NCDOT project to widen Falls of Neuse Road should help improve traffic conditions.
6) Most subsequent uses would require the petitioner to first obtain a Land Use Plan
Amendment (LUPA) via a separate public hearing process to create a new activity
center at this location, and then a Special Use Permit (SUP) review, with a detailed
site plan to confirm compliance with applicable regulations, via a public hearing
before the Board of Adjustment.
7) The Department of Environmental Quality staff has not indicated any issues or
concerns with the proposed technical correction of the watershed boundary.
8) The request is reasonable, and in the public interest because various provisions in
the Wake County Unified Development Ordinance and the established development
review process with outside agencies such as the North Carolina Department of
Transportation and other county departments, will ensure that there are no
significant adverse impacts on the public health, safety and general welfare. The
subsequent development will comply with county requirements regarding buffering,
stormwater and erosion control, and protection of environmentally sensitive areas.
MOTION FOR APPROVAL (2ND MOTION)
In the matter of PLG-RZ-002881-2021, I move that the Board of Commissioners
approves of the rezoning request as presented and authorizes staff to submit the
requested change to the North Carolina Department of Environmental Quality.
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