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    Minutes of 11-14-00 Board of Adjustment Meeting

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WAKE COUNTY BOARD OF ADJUSTMENT


REGULAR MEETING NOVEMBER 14, 2000


The regular meeting of the Wake County Board of Adjustment was held on Tuesday, November 14, 2000, at 9:00 AM, in the Wake County Courthouse, Raleigh, North Carolina.

Members of the Board present: Chairman Jack Alphin, Mr. Kenn Gardner, Mr. John Grace, Ms. Constance Ludwig, Mr. Art Odom, Mr. Ronald Raxter, Mr. Ransom Smith, and Mr. John Szeker.
Petitioners present: Mr. Mike Perry, Attorney for Bettom Builders, Inc., Mr. Timothy W. Maloney representing Wake County, Mr. Robert Ekstramd, Attorney representing SBA, Inc., Mr. Michael Hicks and Mr. Thomas Worth, Attorney representing Rock Disposal, LLC.
Attorney present: Mr. Scott Warren.
Staff present: Mrs. Melinda Clark, Mr. Mike Coughlin, and Mrs. Carolyn Locklear.
IN RE MINUTES

Chairman Jack Alphin called the meeting to order and asked if there were any additions or corrections to the minutes for October 10, 2000. Mr. John Grace made the motion that the minutes be approved as submitted. Mr. John Szeker seconded the motion. All members present voted aye. The minutes were adopted as submitted.

For the record, there was no site tour on Monday, November 13, 2000.

Mrs. Melinda Clark and Mr. Mike Coughlin were sworn to present testimony for the staff.

Mrs. Melinda Clark updated the Board on the Firing Range. Mrs. Clark stated that Mr. John Rukavina, Director of Public Safety, informed her via e-mail that the County Staff and Sir Walter Gun Club are working on a schedule to have the Firing Range open beginning December 1st to the public on Tuesday and Thursday and Saturday and Sunday afternoon.


Item No. 3 heard at the regular meeting of the Wake County Board of Adjustment held on Tuesday, November 14, 2000, was for a variance, Petition No BA V-1889-00. The petitioner is Thomas C. Petruccelli, Bettom Builders, Inc. and the landowner is Bettom Builders, Inc. The following members of the Board of Adjustment heard and decided this application: Chairman Jack Alphin, Mr. John Grace, Mr. Art Odom, Mr. Ransom Smith, and Mr. John Szeker.
In this case the petitioner requests a variance from Section 1-1-37(N)(3) of the Wake County Zoning Ordinance. This site is located at 7212 Mira Mar Place, in the New Light Township, zoned Residential 80-Watershed, and consists of 2.03 acres.
The following staff member presented factual background in this case: Mrs. Melinda Clark.
Mr. Mike Perry, Mr. Thomas Petruccelli, and Mr. Jason Panceria appeared in support of the petition.
No one appeared in opposition of the petition.
The above-named persons who presented testimony and evidence were properly sworn.
SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED
Documented Evidence: Application, site plan, and maps.
Mrs. Melinda Clark, Land Development Administrator, stated that the petitioner seeks a 13’variance to the required 20’ buffer setback to allow a 39 sq. ft. encroachment of the existing dwelling and 134 sq. ft. of an attached deck.
A permit was issued to Bettom Builders, Inc. on February 9, 2000 for a 1 story dwelling to be located on lot 29 in the La Ventana subdivision. Section 1-1-37 (N) Residential Watershed Districts (3) Setback from Buffer states All buildings shall be set back a minimum of twenty (20) feet from the edge of any drainageway or watershed buffer. Where the setback from a buffer area results in a greater setback from a building lot line than that required elsewhere in Section 1-1-37, the requirements of this Paragraph shall control. The site plan submitted for approval showed the required watershed buffer and building setback with the proposed dwelling located 91.6’ from the south property line. A revised site plan was submitted on February 4, 2000 that did not show the buffer setback and the proposed house 57.6’ from the property line. Another site plan was submitted on August 7, 2000 to add a deck to the southwest portion of the house 51’ from the property line. The watershed buffer was shown at a different location on this plan without the setback. The permit was completed on August 8, 2000 by zoning staff. A survey of the property on August 11, 2000 showed the encroachment into the required buffer setback.
Notification letters were mailed to adjacent property owners on October 24, 2000. A public hearing placard was placed on the property on November 1, 2000.
Mr. Mike Perry, Attorney representing Bettom Builders, Inc., Wake Forest, NC, testified that the house in question is a very large home and there is a contract on it for about $585,000. Mr. Perry stated that a foundation survey was done initially and the house was placed on the lot where the survey indicated. Mr. Perry stated the foundation was not placed in the 100’ watershed buffer but it was within a 20’ setback. Mr. Perry stated there is a small creek in the rear of the house flowing along the lot line. Mr. Perry stated the mistake was made not through any fault of the builder but by the fault of the surveyor when the foundation survey was done.
Mr. Thomas C. Petruccelli, President of Bettom Builder’s Inc., 5020 Departure Drive, Raleigh, North Carolina, testified that he has been in business for 10 years building homes in North Carolina and he was there today because of an unfortunate situation that has never happened to him before. Mr. Petruccelli stated that the house was located based on the assumption that the creek was in the location according to the March 6th survey. Mr. Petruccelli stated that according to the March 6th survey the house placement was outside the 20’ setback so the house was built. Mr. Petruccelli stated that about two hours before closing a second surveyor, the homeowner’s surveyor, submitted a plot plan to the attorney that showed the proper location of the creek and the drainage easement showing the house was within the 20’ building setback. Mr. Petruccelli stated that they were not able to close the house and the house has been in limbo for the last 80 days.
Mr. John Grace asked Mr. Petruccelli what was the difference between the March 6th and March 31st surveys. Mr. Thomas Petruccelli stated the March 31st survey in 1999 was the preliminary plot plan and the March 6th survey was done this year which added the deck.
Mr. Thomas Petruccelli stated the house was sold as a pre-sale one month into the project. Mr. Petruccelli stated that the Hancocks anticipate living here and if they can’t live here it would probably cause them as much hardship as it would Bettom Builders.
Mr. Mike Perry asked Mr. Thomas Petruccelli to comment on the hardship if the variance was not granted. Mr. Petruccelli stated that if any part of the house had to be removed then the Hancocks would probably void the contract. Mr. Petruccelli stated that without the variance part of the master bathroom and the deck would have to be removed which is part of the master suite.
Chairman Jack Alphin stated that the hardship was not a result of the land but was created by the development of the property. Mr. Petruccelli stated the hardship was caused by an error in the professional land surveyor mis-locating the creek. Mr. Petruccelli stated that as a builder, he relies heavily on a survey.
Mr. Jason Panciera, Professional Surveyor with Cawthorne, Moss & Panciera, 239 E. Owen Ave., Wake Forest, NC, testified that an error was made in the scaling of the drainage way on the recorded plot plan. Mr. Panciera stated that on a recorded plot there are no bearings or distances that give a description exactly where the creek is located. Mr. Panciera stated it is up to the individual to take the engineer scale to measure the distances. Mr. Panciera stated there is no fieldwork performed initially.
Mr. Ransom Smith asked Mr. Jason Panciera had the house location changed from the original application. Mr. Jason Panciera stated that it had moved slightly from the initial application about 2’ further away from the setback.
FINDING OF FACTS, CONCLUSIONS OF LAW AND ORDER OF THE BOARD
Based on the testimony and evidence presented at the hearing, the Board of Adjustment found the following facts regarding the variance request:
(1) The proposed variance can be granted while preserving the spirit of the ordinance, promoting public safety and welfare and securing substantial justice for both the landowner and the public.
(2) There are special circumstances or conditions applying to the land, building, or use referred to in the application which exists through no fault of the property owners.
(3) It is necessary to grant this variance in order to preserve substantial property rights.
(4) The granting of the application will not materially affect adversely the health or safety of persons residing or working in the neighborhood of the proposed use and will not be materially detrimental to the public welfare or injurious to property or improvements in such neighborhood.
The Board therefore concluded that the requirements of Section 1-1-5(E) of the Wake County Zoning Ordinance would be met and that the variance should be granted subject to these conditions:
(1) The petitioner must record a notarized form pertaining to the Order of the Board in the Wake County Register of Deeds office and return a copy to the Inspections/Development Plans/Permits Division.
After much discussion, Mr. Art Odom made a motion to grant the variance, and Mr. John Szeker seconded the motion. All members present voted aye. So Ordered.

Item No. 4 heard at the regular meeting of the Wake County Board of Adjustment held on Tuesday, November 14, 2000 was for a special use approval, Petition No. SU-1888-00. Petitioner is Timothy W. Maloney, Wake County Facilities Design & Construction and the landowner is the State of North Carolina. The following members of the Board heard and decided this application: Chairman Jack Alphin, Mr. Kenn Gardner, Ms. Constance Ludwig, Mr. Art Odom, and Mr. Ronald Raxter.
In this case, the petitioners request special use approval for Yates Mill County Park, and to construct a pedestrian bridge and outdoor classroom. The site is located on Yates Mill Pond Road in the Swift Creek Township and is zoned Residential 40-Watershed and consists of 156.55 acres.
The following staff member presented factual background in this case: Mrs. Melinda Clark.
Mr. Timothy Maloney appeared in support of the petition.
Doug Cane and June Brinson appeared in opposition of the petition.
The above-named persons who presented testimony and evidence were properly sworn.
SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED
Documentary Evidence: Application, site plan, and maps.
Testimony:
Mrs. Melinda Clark, Planner II, stated that the petitioner proposes to construct a 107’ span pedestrian bridge on the west side of Lake Wheeler Road and a 30’ x 40’ open shelter classroom east of Yates Mill Pond Road. The property is zoned Residential 40-Watershed with split zoning jurisdictions. The City of Raleigh planning and zoning jurisdiction is located on the north side of Steep Hill Creek with Wake County’s jurisdiction being located south of Steep Hill Creek. The property is used for education/research by North Carolina State University. The pedestrian bridge will be located alongside the existing bridge on Lake Wheeler Road. The outdoor classroom will be located east of Yates Mill Pond Road. The only vehicular access proposed for the classroom is off Yates Mill Pond Road approximately 700 feet west of its intersection with Penny Road for emergency vehicles only. The proposed classroom will be accessed via existing pedestrian paths throughout the property. The surrounding land use is research/educational north, east, and west of the proposed site. Property south of the proposed site across Penny Road and Yates Mill Pond Road is zoned Residential 40-Watershed with low-density residential uses. The proposed impervious surface coverage is 0.71%, which will not require stormwater management. Hazardous materials will not be used or stored on-site. The site plan as submitted appears to meet all code requirements.
The site is located within the Non-Urban Area/Water Supply Watershed associated with Swift Creek and is part of the Swift Creek Land Management Plan. The LUP’s Land Use Classifications Map designates the site as Residential ( 1du/ac). The LUP’s policies for NUA/WSW state in part that “new development should consist of only those types of land uses and/or development intensities that create service needs which can be adequately accommodated by the types of facilities and levels of service already found in, or typical of, non-urban areas, and that do not require the scope, types, and levels of facilities and services necessary to, and typical of, urbanized areas.” Therefore the proposal is consistent with the Land Use Plan.
Notification letters to adjoining property owners were mailed October 24, 2000 and a public hearing placard was posted on the property November 1, 2000.
Mr. Timothy Maloney, with Wake County Facilities Design & Construction, 6312 Gretna Green Lane, Raleigh, NC, testified that what is being presented is Phase 1 of Yates Mill County Park execution of the County’s dollars for the project. Mr. Maloney stated that it involved the construction of the pedestrian bridge, which will allow for access for the pedestrian and handicap across the steep hill creek which would get access from the north side of the dam to the south side of the dam. Mr. Maloney stated that the bridge will have the same profile as the existing Lake Wheeler Road Bridge that DOT has there. Mr. Maloney stated that the outdoor classroom is merely a picnic shelter. Mr. Maloney stated it would not function as a picnic shelter for rentals and picnics but it will be open area with fixed tables and seats and moveable seats that will allow for classrooms to have outdoor educational research mainly by NC State University.
Mr. Douglas Cain, 4620 Golden Heights Drive, Raleigh, North Carolina, and Ms. June Brinson, 3700 Yates Mill Pond Road, Raleigh, North Carolina, stated their shared concerns were the increased human traffic in the area, and the lack of protection for the wetlands. Also, they stated that if classrooms are built in the area there has to be facilities installed to support the people using the classroom thus damaging the watershed quality, the property is leased property thus wasting taxpayers’ money and the sanctuary atmosphere for the animals that have been driven there due to large amount of building and construction in the area will suffer.
Mr. Timothy Maloney stated to the Board that the County is aware of the environmental aspect of the site. Mr. Maloney stated the County has worked very closely with the university who has used the property for years for all kinds of biological research every day. Mr. Maloney stated the County wants to open that opportunity up to the public for scheduled programs to learn about the environment, which is being done at other County Parks. Mr. Maloney stated that the County has also received a grant from the Clean Water Management Trust Fund Grant. Mr. Maloney stated that the County has made an effort to find ways to improve the environment and to protect the wildlife. Mr. Maloney stated that the project is in phases but all future phases would be in the City of Raleigh jurisdiction. Mr. Maloney stated that all of the development will be kept on the Lake Wheeler side of the pond where current structures already exists.
Mr. John Szeker asked Mr. Timothy Maloney who owns the land and who leases it. Mr. Timothy Maloney stated that the State of North Carolina owns the property and Wake County has entered into a lease agreement.
Chairman Jack Alphin asked Mr. Timothy Maloney the term of the lease. Mr. Timothy Maloney stated he believes it is a 40-year lease.
Mr. Kenn Gardner asked Mr. Timothy Maloney to address the toilet and parking facilities. Mr. Timothy Maloney stated that the parking and toilet facilities that would serve this phase would be the existing facilities at the intersection of Penny Road and Lake Wheeler Road where there are classroom facilities. Mr. Maloney stated that when the new facility is built that the old facility would be torn down.

FINDING OF FACTS, CONCLUSIONS OF LAW AND ORDER OF THE BOARD
Based on the testimony and evidence presented at the hearing, the Board of Adjustment found the following facts:
(1) The proposed use is allowed in the zoning district where it is proposed to be located. The zoning district is Residential 40-Watershed and the use is permitted by Section 1-1-37 (D) of the Wake County Zoning Ordinance.
(2) The use will not materially endanger the public health or safety if located where proposed and developed, based on evidence presented concerning traffic, services and utilities, soil erosion and sedimentation, and protection of water supplies.
(3) The proposed special use will comply with all of the regulations that apply to all general and special uses within the district in which the property is located.
(4) The proposed special use will comply with all standards expressly applied by the code to this type of special use.
(5) The use will not substantially injure the value of adjoining or abutting property, and that if the use is developed according to the plan as submitted, and approved, will be in harmony with the area in which it is to be located, based on the considerations such as the relationship of the proposed use and the character of surrounding area and the use is not inconsistent with the Wake County Land Use Plan.
The Board therefore concluded that the requirements of Section 1-1-11(C) of the Wake County Zoning Ordinance would be met and that the Special Use Permit should be issued, subject to these conditions:
(1) The petitioner must obtain a variance from the DOT for the pedestrian bridge.
(2) The petitioner must obtain a driveway permit from North Carolina Department of Transportation.
(3) The petitioner must record a notarized form pertaining to the Order of the Board in the Wake County Register of Deeds and return a copy to the Planning Department. The public hearing placard must be returned to the Planning Department prior to receiving the recording form.
(4) A final zoning site inspection to verify site plan compliance must be performed before Wake County Inspections/Development Plans Permits Division issues a Certificate of Compliance.
Mr. Ronald Raxter made a motion to grant the special use request with the stated staff conditions and Ms. Constance Ludwig seconded the motion. All members present voted aye. So Ordered.


Item No. 5 heard at the regular meeting of the Wake County Board of Adjustment held on Tuesday, November 14, 2000 was for a special use approval, Petition No. SU-1891-00. Petitioner is SBA, Inc. and the landowner is Odell I Currin, Heirs. The following members of the Board heard and decided this application: Chairman Jack Alphin, Ms. Constance Ludwig, Mr. Art Odom, Mr. Ronald Raxter, and Mr. John Szeker.
In this case, the petitioners request special use approval to construct a telecommunication tower. The site is located on Green Pace Road in the Marks Creek Township and is zoned Residential 30-Watershed and consists of 51.47 acres.
The following staff member presented factual background in this case: Mrs. Melinda Clark.
Mr. Robert Ekstramd, Mr. Arthur Anchors and Mr. Michael Hicks appeared in support of the petition.
Ms. Rebecca Jordan and Mr. Ken Waldroup appeared in opposition to the petition.
The above-named persons who presented testimony and evidence were properly sworn.
SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED
Documentary Evidence: Application, site plan, and maps.
Testimony:
Mrs. Melinda Clark, Land Development Administrator testified that the petitioner proposes to construct a 195-foot-tall monopole telecommunications tower facility within a 10,000 square foot leased area of a 51.47 acre tract of land. Section 1-1-37(E)(2)(d) requires that the proposed tower accommodate at least two (2) additional telecommunication users. The submitted site plan shows capacity within the proposed 100’ x 100’ compound for the proposed tower and two (2) additional users. Entrance to the site will be from a proposed access and utility easement approximately 480 feet south of Green Pace Road. The facility will generate one to two maintenance trips per month. The proposed use will not necessitate sewer, water, or garbage collection. There will be no vehicles or materials stored at the proposed site. The proposed unmanned facility will not produce any waste or discharge that could contaminate a water supply or groundwater. There will be no generators placed at the site. The surrounding land use is agricultural with low-density residential and is zoned Residential 80-Watershed. The proposed impervious surface coverage of the entire acreage is .86%. The proposed tower site is approximately 1500 feet from the Town of Zebulon Water Treatment Plant and approximately 500 feet from the Little River Raw Water Pump Station. Documentation is provided by the Town of Zebulon and the petitioner addressing concerns of potential increased lightning strikes within the area. The site plan as submitted appears to meet all applicable code requirements.
The proposed tower site is located within the critical area Non-Urban Area/Water Supply Watershed as shown on the LUP’s General Classifications Map. The Southeast Wake County Land Use Plan’s Land Use Classifications Map designates the site as Residential. The LUP’s policies for NUA/WSW state in part that “new development should consist of only those types of land uses and/or development intensities that create service needs which can be adequately accommodated by the types of facilities and levels of service already found in, or typical of, non-urban areas, and that do not require the scope, types, and levels of facilities and services necessary to, and typical of, urbanized areas.” Therefore the proposal is consistent with the Land Use Plan.
Notification letters to adjoining property owners were mailed October 25, 2000 and a public hearing placard was posted on the property November 1, 2000.
Mr. Robert Ekstramd, Attorney representing SBA, Inc., testified that present with him were Mr. Michael Hicks and Mr. Randy Mundt both with SBA, Inc., and Mr. Arthur Anchors, who is a Professional Electrical Engineer with Arcadis Geraghty & Miller.
Mr. Michael Hicks, SBA, Inc., 2113 Cameron Street, Suite 237, Raleigh, NC, testified that the SBA, Inc. represents AT&T Wireless. Mr. Hicks stated that this proposed site is necessary to provide continuous coverage in Wake County along Highway 97 and Highway 64. Mr. Hicks stated that the main item he wished to address would refute the concern of lightning damage. Mr. Hicks stated that the site is for a 195’ monopole telecommunication tower to be used by AT&T. Mr. Hicks stated that within the lease area is a 100 x 100 square foot lease area with a access easement proposed to the site that is 20’ in width with 12’ of gravel. Mr. Hicks stated there are similar sites in North Carolina and they include the City of Raleigh Water Treatment Facility on Falls of Neuse Road and the South Durham Water Reclamation Facility off of Ferrington Drive. Mr. Hicks stated that no problems have bee attributed to the close proximity of a cellular tower to a water treatment facility. Mr. Hicks stated that the corporate division of SBA, Inc., legal department found no insurance claims filed against it regarding lightning and/or effects of lightning attributed to any towers. Mr. Hicks stated that there were some concerns of one property owner, Mr. Larry Currin. Mr. Hicks stated that SBA, Inc. would accept as conditions to the concerns of the property owner that a gate be put at the front of the access easement, that the tree, which is the controlling point between the two properties, be maintained and that no generator will be placed in the site.
Mr. Larry W. Currin, 1309 Green Pace Road, Raleigh, NC, testified that he owns that property adjacent to the tower and that he has no problem with the tower. Mr. Currin stated that some of his concerns are the people using the driveway, which is about 60’ from his home. Mr. Hicks informed him that he would be glad to try to help with that problem. Mr. Currin stated he had concerns about the tree that it not be damaged and Mr. Hicks informed him that he would have the tree protected during construction. Mr. Currin stated that the easement is a 20’ easement that joins his property line where he has a driveway which concerns him because of a current waterway that was established 20 years ago for run-off and to keep erosion out of Little River and the watershed and to protect the farmland. Mr. Currin stated that if the driveway is placed within the easement directly without some sort of buffering above it, there will be erosion with the gravel driveway. Mr. Currin asked that there be no blasting done on the site that could cause damage to the well on his property.
Mr. Ronald Raxter asked Mr. Mike Coughlin about Mr. Larry Currin’s concern about the Little River/watershed. Mr. Mike Coughlin stated that he is presuming that what Mr. Currin was talking about is a grass waterway on the farm somewhere in the general location of the driveway. Mr. Coughlin stated that by topo there is no indication of a waterway. Mr. Currin stated it is an easement waterway that is not shown on any plot plan but it does go straight down the side of the property line approximately 12–15 feet wide and probably have a 12–16 inch variance in depth to control the water. Mr. Coughlin stated that if that is the case then it would not be a good idea to place the driveway in the proposed location. Mr. Coughlin suggested that SBA, Inc. get in touch with Mr. Rick Bailey with the Wake Soil Conservation District and that the Board make it a condition that SBA, Inc. verify the driveway’s location and should there be a waterway then the driveway should be re-located.
Mr. Michael Hicks stated that SBA, Inc. would be willing to take that as a condition since the waterway is not showing on any plot plan and would be glad to move the driveway 40–50 feet from the waterway.
Mr. William Jordan, 1140 Water Plant Road, Zebulon, NC and Mr. Ken Waldroup, Director of the Division of Water Treatment for the Town of Zebulon, 405 N. Wakefield Street, Zebulon, NC, shared concerns of their properties being struck by lightning and that the tower would cause increased lightning strikes to their property. Their properties have been struck on several occasions and feel that the placement of a tower in a critical watershed district is not wise. They suggest that there are other suitable locations for a tower.
Mr. Ronald Raxter asked Mr. William Jordan and Mr. Ken Waldroup had they taken any studies of the proposed coverage area that is needed to indicate there is available space other than the proposed location. Mr. Ken Waldroup stated he was relying on the information Mr. Hicks presented that there could possibly be other sites but he had not taken a study himself.
Mr. Robert Ekstramd asked Mr. Ken Waldroup if he had the opportunity to review the lightning protection system to be installed in the tower. Mr. Waldroup stated that in his opinion lightning will not directly strike the targeted point but increase the lightning strikes. Mr. Waldroup stated that the protection system cannot give 100% assurance that this will not lead to additional damage to the water treatment plant.
Mr. Robert Ekstramd called Mr. Arthur Anchors, an Electrical Engineer for Arcadis who developed the lightning grounding system for this tower and other systems to address this issue.
Mr. Arthur Anchors, Electrical Engineer for Arcadis Geraghty & Miller, 1012 Currituck Drive, Raleigh, North Carolina, testified that based on his experience the tower will not change the probability of lightning striking anywhere near the area. Mr. Anchors stated that if the tower is in the immediate vicinity the lightning would more likely hit the tower than the water plant. Mr. Anchors stated that the tower could possibly help the water treatment plant by possibly taking the strikes away from the water treatment facility. Mr. Anchors explained to the Board how the lightning grounding system would work. Mr. Anchors stated that the bonding protects people as well as equipment.
Mr. John Grace asked Mr. Arthur Anchors whether a tower or large metal object like this would attract more lightning or not. Mr. Arthur Anchors stated that he pulled a report off the Internet and the statistics in it stated it might give you 4 more strikes every 17 years, which is very marginal.
Chairman Jack Alphin asked Mr. Arthur Anchors does a water plant draw lightning more than an office building that may be of similar height. Mr. Arthur Anchors stated he was not aware of any studies of that nature.
Ms. Constance Ludwig asked Mr. Robert Ekstramd what is the availability of any other site. Mr. Robert Ekstramd asked Mr. Michael Hicks to answer that question. Mr. Michael Hicks stated this process was done between SBA, Inc. and another independent contract to AT&T Wireless. Mr. Hicks stated that there was conversation with the Town of Zebulon as to what potential sites would be available adjacent to this property. Mr. Hicks stated that there was conversation between the independent contractor and the Town of Zebulon to put the tower on the water treatment facility. Mr. Hicks further stated that the nearest site to co-locate is 1.9 miles from the proposed site. Mr. Hicks stated that without the proposed facility there would be a tremendous gap about 2 miles between this site and the next site. Mr. Hicks stated that AT&T would not get the coverage needed if they co-located on the tower that is 1.9 miles away. Mr. Hicks stated towers and antennas are co-located abundantly throughout the country on existing power easement and transmitters. Mr. Hicks stated there are several towers located on electrical facilities. Mr. Hicks stated that utility uses work well.
Chairman Jack Alphin asked Mr. Ken Waldroup were there any negotiations with the Town of Zebulon to locate this tower on the water treatment facility. Mr. Ken Waldroup stated it was true but those negotiations were with the Planning Department. Mr. Waldroup stated there was rental discussions before the Planning Department talked with the Public Works Department about the feasibility. Mr. Waldroup stated at that time the department requested that the Planning Department withdraw the negotiations thus enacting a 90 day moratorium in Zebulon’s planning jurisdiction to discuss the issue.
FINDING OF FACTS, CONCLUSIONS OF LAW AND ORDER OF THE BOARD
Based on the testimony and evidence presented at the hearing, the Board of Adjustment found the following facts:
(1) The proposed use is allowed in the zoning district where it is proposed to be located. The zoning district is Residential 80-Watershed and the use is permitted by Section 1-1-37 (E)(2) of the Wake County Zoning Ordinance.
(2) The use will not materially endanger the public health or safety if located where proposed and developed, based on evidence presented concerning traffic, services and utilities, soil erosion and sedimentation, and protection of water supplies.
(3) The proposed special use will comply with all of the regulations that apply to all general and special uses within the district in which the property is located.
(4) The proposed special use will comply with all standards expressly applied by the code to this type of special use.
(5) The use will not substantially injure the value of adjoining or abutting property, and that if the use is developed according to the plan as submitted, and approved, will be in harmony with the area in which it is to be located, based on the considerations such as the relationship of the proposed use and the character of surrounding area and the use is not inconsistent with the Wake County Land Use Plan.
The Board therefore concluded that the requirements of Section 1-1-11(C) of the Wake County Zoning Ordinance would be met and that the Special Use Permit should be issued, subject to these conditions: (2) No building can be constructed within 225 feet of the face of the tower other than equipment shelters to support the telecommunications antennae within the fenced compound. (4) The petitioner must record a notarized form pertaining to the Order of the Board in the Wake County Register of Deeds and return a copy to the Planning Department. The public hearing placard must be returned to the Planning Department prior to receiving the recording form.
(5) The petitioner must submit a soil erosion plan for approval to Environmental Services.
(6) A final zoning site inspection to verify site plan compliance must be performed before Wake County Inspections/Development Plans Permits Division issues a Certificate of Compliance.
Mr. John Szeker made a motion to grant the special use request with the stated staff conditions and that the driveway be re-located, that a gate be placed at the access easement, and that the tree be protected. Art Odom seconded the motion. All members present voted aye. So Ordered.


Item No. 6 heard at the regular meeting of the Wake County Board of Adjustment held on Tuesday, November 14, 2000, was for a special use approval, Petition No BA SU-1890-00. The petitioner is Thomas C. Worth, Jr. and the landowner is Red Rock Disposal, LLC. The following members of the Board of Adjustment heard and decided this application: Chairman Jack Alphin, Mr. John Grace, Ms. Constance Ludwig, Mr. Art Odom, and Mr. Ronald Raxter.
In this case the petitioner requests a special use approval to modify a previously approved site plan and expand the existing Construction and Demolition Debris (C&D) landfill. The site is located at 7103 New landfill Drive in the Holly Springs Township, zoned Residential 40, and consists of 227 acres.
The following staff member presented factual background in this case: Mrs. Melinda Clark.
Mr. Thomas C. Worth, Steve Williams, Dan Poole, Kevin Martin, Mack Little, Kirk Jones, Jerry Johnson, John Gardner, Mike Fendrick and Mr. Wayne Woodlief appeared in support of the petition.
Lucy Baine and Calvin Ragan appeared in opposition of the petition.
The above-named persons who presented testimony and evidence were properly sworn.
SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED

Documented Evidence: Application, site plan, and maps.
Mrs. Melinda Clark, Land Development Administrator, stated that the 227 acre parcel is located in the Holly Springs Township, on the southwest side of New Landfill Drive and south of Rex Road (SR 1127). The existing landfill site was granted a Special Use Permit to develop a land clearing and inert debris landfill (LCID) by the Wake County Board of Commissioners at their March 9, 1998 meeting under file SUP-1765-97. Subsequent to the date of the approval of the LCID landfill, at their July 13, 1998 meeting the Board of Commissioners amended the Zoning Ordinance with regard to processing landfills for Special Use Permits, transferring approval authority to the Board of Adjustment. Approval or denial of the petition continues to be based on the regulations for the use and site and locational standards of Section 1-1-13, and the required findings of fact in Section 1-1-11(C) of the Wake County Zoning Ordinance. The Wake County Board of Adjustment approved a modification to the existing Land Clearing and Inert Debris (LCID) landfill on December 14, 1999 to accept construction and demolition waste materials.
The petitioner requests zoning permission to allow the portion (approximately 8.44 acres) of the existing landfill site to accept construction and demolition (C & D) waste materials (this area was left for land clearing and inert debris on the previous approval), and to expand the construction and demolition debris landfill onto an additional 141 acres north and east of the existing landfill. Types of waste that are acceptable at C & D landfills include: asbestos, inert debris similar to types deposited in LCID landfills, asphalt, solid waste resulting from construction, remodeling, repair, or demolition operations on pavement, buildings, or other structures (such as furniture, carpet remnants, and any other waste material resulting from the demolition of a structure). The operations and maintenance plans and specifications for the C & D portion of this landfill property are reviewed, permitted, and inspected by the North Carolina Division of Waste Management.
Existing access to the site is approximately 3100 feet south of Rex Road, between its intersections with Cass Holt and Avent Ferry Roads. Access directly from Rex Road is shared (roughly 1600’) along a portion of an existing haul road to the Benchmark (Nello Teer) Quarry with a spur road roughly 2500’ long to the site. The driveway crosses two properties, one owned by Carolina Power & Light Company and one owned by Benchmark Carolina Aggregates, Incorporated. Rex Road has been paved along the access driveway which was a condition of approval for the LCID. The petitioner proposes a future access approximately 1400’ west of the existing access on Rex Road.
The submitted preliminary site plan appears to satisfy all the applicable zoning regulations concerning this use. The plan includes the 100-foot wide transitional bufferyard, with type “A” opaque screening, as required according to Section 1-1-29, Table 1, as the landfill is considered a high intensity non-residential use, and all adjacent property is vacant and zoned R-80. There is on-site vegetation within the required 100’ bufferyards which will satisfy the undisturbed type “A” screen within the bufferyard. The petitioner will have to provide an additional undisturbed buffer around the existing buffer as required by the NC Division of Solid Waste Management for purposes of protecting water quality at C&D landfills. With the exception of one inactive well located approximately 350 feet east of the property, there exists no other private water supply wells within 1000 feet of the subject property. There are no community water supplies located within 1000 feet of the subject property.
Ingress and egress is from an existing 40’ gravel driveway that connects to SR 1127, Rex Road (speed limit is 35 miles per hour). The driveway will not route landfill-generated traffic through a residential neighborhood. The anticipated additional traffic generated by the expansion will not increase from the previous approved 200 trucks/day according to the petitioner.
The hours of operation are proposed to continue as originally approved, and are limited to from 7:00 a.m. to 7:00p.m. Monday through Saturday, except that the hours of operation may be extended when the Director of Wake County Community Services certifies that sanitation conditions require an extension of operating hours.
The site is located within the Long-Range Urban Services Area (LRUSA) associated with the Town of Holly Springs, and the Southwest Area Land Use Plan (SWALUP) as shown on the General Classifications Map of the Land Use Plan. The Southwest Area Land Use Plan classifies the southern and western parts of the site as Main Stream or Lake Area and designates the remainder of the site as General Planning Area. The Southwest Area Land Use Plan map legend describes the Main Stream or Lake Area and the General Planning Area as “Residential use…….” The text of the Southwest Area Land Use Plan adds no further description or policies for this classification. Therefore, the proposed construction and demolition debris use is consistent with the Land Use Plan.
Notification letters to adjoining property owners were mailed October 25, 2000. A public hearing placard was placed on the subject site November 1, 2000
Mr. Tom Worth, Jr., Esq., Post Office Box 1779, Raleigh, N.C., introduced Mr. Steve Williams, Mr. Dan Poole, Mr. John Gardner, Mr. Mack Little, Mr. Kevin Martin, Mr. Mike Fendrick, Mr. Jerry Johnson, Mr. Kirk Jones, Jr., and Mr. Wayne Woodlief as members supporting the petition. Mr. Worth asked the Board if Mr. Wayne Woodlief, Manager of Solid Waste Management for Wake County could present information that is important for this petition because he had to leave for a meeting.
Mr. Wayne Woodlief, Manager of Solid Waste Management for Wake County, 9100 Woodlief Drive, Wake Forest, NC, testified that the Feltonsville Landfill will be full around June 2001 and the North Wake Landfill just received a permit to construct a construction and demolition landfill which will have the capacity of 85,000 tons that equates to 7-12 months worth of capacity. Mr. Woodlief stated that by the end of 2001 Wake County would be out of construction and demolition capacities. Mr. Woodlief stated there are 2 C&D landfills that are franchised being this landfill and the Shotwell landfill. If Wake County runs out of landfill space the only other options for C&D Landfills will be either in the municipal landfills in Wake County or out of the County. Mr. Tom Worth asked Mr. Wayne Woodlief if the County charges a surcharge for C&D deposits in its landfill. Mr. Wayne Woodlief stated Wake County does as of September 4th recognizing that C&D waste was 22% of the waste stream. Mr. Woodlief stated that in order to lengthen the life of the MSW portion of the landfill, the Commissioners imposed a surcharge of double the tip fee for anybody that has a municipal solid waste load that exceeds 10%. The purpose for this is to discourage people from disposing C&D debris in lined landfills or Subtitle “D” landfills that are designed for garbage and to encourage waste reduction and recycling of C&D waste.
Mr. John Grace asked if there are any movements towards recycling C&D waste. Mr. Wayne Woodlief stated yes there is a private facility in the works right now to provide recycling for C&D debris. Mr. Woodlief stated it is scheduled to open by the end of the year. If the private facility meets its goal, it should recycle 75% of the construction waste in Wake County. It is sized to handle 200,000 tons per year recycling 55% of that which is a very aggressive goal.
Mr. Tom Worth testified that he appeared before the Board in December 1999 in behalf of Mr. Curtis Jones, Jr. and at that time the name of this Limited Liability Company was Holly Springs Landfill, LLC. Mr. Worth stated that name has now been changed to Red Rock Disposal, LLC. Mr. Worth stated that what has transpired is that the Jones family is now in collaboration with Waste Industries, Inc. which is the contract purchaser from Carolina Power & Light Company of an additional 178 acres of land that surrounds the approximately 52 acres. Mr. Worth stated that what is before the Board today is to modify the approved site plan from last December and to expand the C&D landfill. Mr. Worth stated there is no change in the number of trucks per day and no change in the hours. Mr. Worth stated that the Commissioners did grant a franchise in June of this year. Mr. Worth stated that in that franchise it was projected that the life of this landfill would be 7 years which would be a function of the economy and weather. Mr. Worth stated that the franchise is for a period of 20 years.
Mr. Mack Little, Little & Little Landscape Architect, P O Box 1448, Raleigh, North Carolina, testified that the site is located within the long-range urban services area which is associated with the Town of Holly Springs and the Southwest Area Land Use Plan. Mr. Little stated that the Southwest Area Land Use Plan classifies the southern and western parts of the site as mainstream or lake area and designates the remainder of the site as general planning area, which is also classified as residential use. Mr. Little stated since the approval of the previous application there is a Watershed Area Plan that affects this site in the event that blue-line waterways are evident from USGS maps. Mr. Little stated that within the site there are no solid blue lines but there are some adjacent to the site which would cause the 150’ buffer should they impact the site.
Mr. Mike Fendrick, Senior Transportation Engineer, Parsons Brinckerhoff, 201 Breckenwood Drive, Cary, NC, testified that as to the site since last December to now there have been no major changes. Mr. Fendrick stated that the primary issue was the number of allowable trucks into and out of the site, and this petition includes no request to allow additional trucks into the site for traffic prospective. Mr. Fendrick stated that the map submitted shows two types of roads: high-tonnage roads and low-tonnage roads. Mr. Fendrick stated there have been no changes from NCDOT on allowed access to the proposed site. Mr. Fendrick stated that the primary difference since looking at this site a year ago is that Rex Road has been paved and has increased the roadway width making it safer to travel and maximizing the volume of traffic. Mr. Fendrick stated a major issue being looked at is a future access point being placed to the north of New Landfill Drive without materially endangering the public health or safety on the local roadway system.
Mr. Worth asked if Mr. Mike Fendrick’s report be submitted into evidence as Exhibit 1 and the area map as Exhibit 2.
Mr. John Gardner, Principal Engineer with G N Richardson, 103 Vicks Byrd Drive, Cary, NC, testified one of the major focus points of the State during the permitting process is location. Mr. Gardner stated that the first phase of the investigation of the sub-surface soil, rock and ground water standpoint has been completed at the facility proposed location. Mr. Gardner stated that application is being proposed to the State to expand the C&D facility that was approved by this Board last year. Mr. Gardner stated to-date approximately 30 ground water borings have been completed that would cover both the southern location of the site which is the LCID portion as well as covering the northern section. Mr. Gardner stated that a pump test is being performed at the request of the State to find the ground water acquifer that exists below the facility.
Mr. Kevin Martin, Licensed Soil Scientist, 249 Autumn Drive, Franklinton, NC, testified that he has identified potential useable areas for onsite waste water disposal which will be very minimal – approximately 500 gallons a day. Mr. Martin stated that he would identify the actual presence of any flood hazard soils as required.
Chairman Jack Alphin asked Mr. Kevin Martin if there were any wetlands on the site and about the 100-year flood plain. Mr. Kevin Martin stated that as far as the wetlands go there are some minor areas of wetland in the western area at the northwest area where there would be no impact. Mr. Martin stated that one area of flood hazard soils which will be evaluated more closely and one at the proposed future entrance which would not be impact the flood hazard soils.
Mr. Stephen G. Williams, MAI Appraiser, 7716 Chapel Hill Road, Raleigh, North Carolina, testified that in re-evaluating his opinion given to this Board in December 1999, he feels that the area has not changed in its overall character except that the State Road 1127 has now been paved with the consequent increase in traffic. Mr. Williams stated it did not affect the overall character of the area, which remains woodland with various diverse uses including an adjoining quarry, an asphalt plant and the CP&L Shearon Harris plant. The residential land uses remain substantially the same with no evidence of any new construction. Mr. Williams stated that given the current uses surrounding the proposal in his opinion the modification of the Red Rock Landfill would not substantially injure the value of adjoining properties and is generally in harmony with the surrounding neighborhood.
Mr. Tom Worth asked Mr. Williams’ report to be submitted into evidence as Exhibit 3.
Mr. Curtis Jones, Jr., 2741 Herbert Akins Road, Fuquay Varina, NC, testified that over the last three or four months he received numerous calls inquiring as to when the landfill will be open to accept C&D materials, thus making this site a necessity for the area. Mr. Jones stated that the majority of the calls have been from the Town of Holly Springs.
Mr. Jerry Johnson, Disposal Operations Manager for Waste Industries, Inc., 2846 Jackson King Road, Willow Springs, NC, testified that in reference to the question about the paint, inspectors would be onsite to inspect the waste before allowing it into the landfill. Mr. Johnson stated if such debris is detected it would be removed.
Ms. Lucy Baines, 3424 Avent Ferry Road, New Hill, NC; Mr. Calvin Ragan, 3401 Avent Ferry Road, New Hill, NC; and Mr. Alton Parker, 3525 Bartley Holleman Road, New Hill, NC, appeared in opposition of the proposed facility. Their shared concerns were that the proposed development will continue to be modified until it moves to a garbage dump; increased traffic volume on New Hill Holleman Road has destroyed the road because is not wide enough for truck; site is approximately 3 miles of the Southeast Compact site which was rejected; and there should be a thorough study of the site and an environmental statement issued; and ground water contamination.
Mr. Tom Worth commented that there is no intent of the petition to become a MSW (garbage) waste. Mr. Worth also stated that they had fulfilled all the requirements of notification to adjoining and adjacent property owners. Mr. Worth concluded that the life expectancy of this landfill would be 7 years and the franchise is for 50 years.
Ms. Constance Ludwig asked Mr. Tom Worth what is the traffic count in and out of the landfill. Mr. Tom Worth deferred the question to Mr. Mike Fendrick who stated approximately one year ago there was a series of studies performed which showed about 35-50 trucks on a given day. Mr. Fendrick stated that all of the analyses have been based on 200 trucks which is the maximum.
FINDING OF FACTS, CONCLUSIONS OF LAW AND ORDER OF THE BOARD
Based on the testimony and evidence presented at the hearing, the Board of Adjustment found the following facts:
(1) The proposed use is allowed in the zoning district where it is proposed to be located. The zoning district is Residential 80 and the use is permitted by Section 1-1-13 of the Wake County Zoning Ordinance.
(2) The use will not materially endanger the public health or safety if located where proposed and developed, based on evidence presented concerning traffic, services and utilities, soil erosion and sedimentation, and protection of water supplies.
(3) The proposed special use will comply with all of the regulations that apply to all general and special uses within the district in which the property is located.
(4) The proposed special use will comply with all standards expressly applied by the code to this type of special use.
(5) The use will not substantially injure the value of adjoining or abutting property, and that if the use is developed according to the plan as submitted, and approved, will be in harmony with the area
in which it is to be located, based on the considerations such as the relationship of the proposed use and the character of surrounding area and conformance with the Wake County Land Use Plan.
The Board therefore concluded that the requirements of Section 1-1-11(C) of the Wake County Zoning Ordinance would be met and that the Special Use Permit should be issued, subject to these conditions:
(1) The petitioner must obtain the necessary approvals from the appropriate local, state and federal agencies.
(2) The petitioner must record a notarized form pertaining to the Order of the Board in the Wake County Register of Deeds and return a copy to Inspections/Development Plans/Permits Division. The petitioner must return the posting sign to Inspections/Development Plans/Permits Division.
(3) A final zoning site inspection to verify site plan compliance must be performed before a Certificate of Compliance is issued by Wake County Inspections/Development Plans/Permits Division.
(4) Upon approval of the proposed preliminary site plan and Special Use Permit by the Wake County Board of Adjustment, the applicant has one year in which to submit a final site development plan to the Zoning Administrator. The final site development plan shall meet the requirements of Section 1-1-12(C) and indicate the methods by which the standards of Section 1-1-12(C) shall be fulfilled, and shall be consistent with the approval of the Special Use petition and preliminary plan.
After some discussion, Mr. Art Odom made a motion to approve the special use request subject to the stated staff conditions. Mr. Ronald Raxter seconded the motion. The motion passed unanimously. So Ordered.

REGULAR MEETING WAKE COUNTY BOARD OF ADJUSTMENT NOVEMBER 14, 2000

All petitions complete, Chairman Jack Alphin declared the regular meeting of the Wake County Board of Adjustment for Tuesday, November 14, 2000, adjourned.
Respectfully Submitted,



Jack Alphin, Chairman
Wake County Board of Adjustment