WSCO_WAKE_Executed Ordinance for Consistency Reasonableness and Public Interest_20220712

ORDINANCE APPROVING A STATEMENT OF LAND USE PLAN CONSISTENCY,
RESONABLENESS, AND PUBLIC INTEREST REGARDING A REZONING REQUEST
OF 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 AS A TECHNICAL CORRECTION OF THE
OUTERMOST 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; [PLG-RZ-
002881-2021 ]
WHEREAS, the request is 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 [PLG-RZ-002881-2021]; and
WHEREAS, 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; and
WHEREAS, the requested rezoning is consistent with two stated goals of the Wake
County Land Use Plan, more specifically:
• Goal # 2--To encourage growth close to municipalities, to take advantage of
existing and planned infrastructure, such as transportation, water and sewer
facilities.
• Goal # 10--To prevent contamination of and maintain the capacity of groundwater
resources.
WHERAS, 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); and
WHEREAS, 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% and an on -going NCDOT project to widen Falls of Neuse Road
within this immediate area that should help improve traffic conditions; and
WHEREAS, 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; and

WHEREAS, 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; and
WHEREAS, the planning staff recommends that the requested rezoning, as presented,
is consistent with the Land Use Plan, reasonable, and otherwise advances the public
health, safety, and general welfare as outlined in the draft statement; and
WHEREAS, on May 4, 2022, the Wake County Planning Board voted unanimously to
recommend to the Board of Commissioners that the proposed zoning map amendment,
as presented, is consistent with the Land Use Plan, reasonable, and in the public
interest as further described in the minutes of their meeting; and
WHEREAS, the Wake County Board of Commissioners held a duly -noticed public
hearing on June 21, 2022 to consider adopting the staffs draft statement of
consistency, reasonableness, and public interest regarding the requested zoning map
amendment.
NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OF
COMMISSIONERS:
SECTION I
The requested rezoning, is found to be consistent with the Land Use Plan, reasonable,
and in the public interest, and otherwise promotes the public health, safety and general
welfare, as outlined in the draft statement.
SFCTICA] II
This statement of consistency, reasonableness, and public interest, is hereby adopted.
Commissioner made a motion that the above
ordinance be adopted. Commissioner �i q seconded the
motion, and upon vote, the motion carried this 1 V1 day of July 2022.
Thi strument Approved as to Form
Wake County Attorney Date