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Minutes of 05/16/01 Planning Board Meeting [adopted]
Becky E Smith
on
05/24/2001
at
03:32 PM
Category:
Planning Board\Minutes
MINUTES
Wake County Planning Board
Wednesday, May 16, 2001
3:30 p.m., Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, N.C.
Members Present (10):
Mr. Terry Yeargan (Chair), Ms. Robin Hammond (Vice-Chair), Mr. Stan Norwalk, Dr. Dwight Pearson, Mr. Ed Ashworth, Ms. Kimberly Siran, Mr. Mason Williams, Ms. Phyllis Rush, Ms. Denese Lavender, Mr. Phil Hinton
Staff Present (4):
Mr. Doug Longhini, Interim Planning Director; Mr. Tim Clark, Planner; Mr. Larry Morgan, Planner; Ms. Becky Smith, Secretary to the Board
1. Call to Order:
Mr. Yeargan called the meeting to order at 3:30 p.m.
2. Petitions and Amendments -
Mr. Yeargan asked if there were any petitions or amendments to the agenda. There were none. With no petitions or amendments to the agenda, by unanimous consent, Mr. Yeargan declared the agenda approved as submitted.
(Ms. Lavender joined the meeting at this point.)
3. Other Substantive Matters -
a. Fuquay-Varina/Garner Area Land Use Plan Update
- Mr. Tim Clark, Planner
Mr. Clark stated that he and Mr. Larry Morgan will be working on the Fuquay-Varina/Garner Area Land Use Plan. Mr. Clark provided Board members with a meeting notice of an open house for citizens in the area between Fuquay-Varina and Garner to be held on Thursday, May 24, 4:00 p.m. - 8:00 p.m., at Holding Hall, Wake Technical Community College.
In addition, Mr. Clark provided Board members with copies of the PowerPoint slide presentation and a timeline for completion of the plan. A draft of the plan is scheduled for presentation to the Planning Board at its first meeting in April 2002. Mr. Clark stated that there were 140 mailings sent to area citizens.
4. Rezonings -
a. [ZP-797-00] US 64 Bypass
:
Proposal to amend Conditional Use Residential 20 zoning on 182.1 acres by changing the dwelling cap. Submitted to the Planning Board at its 04/18/01 meeting, by a vote of 9-0, Board action on rezoning ZP-797-00 was delayed until the May 16, 2001 meeting in order to gain a decision by the Board of Commissioners on Land Use Plan Amendment 01/1 Land Use Plan Amendment To Provide Exception To Policy Limiting Development Intensities In Long-Range Urban Services Areas, scheduled to go before the Board of Commissioners at its May 7, 2001 meeting.
Mr. Longhini stated that since no decision has been made to date by the Board of Commissioners on LUPA 01/1 Land Use Plan Amendment To Provide Exception To Policy Limiting Development Intensities In Long-Range Urban Services Areas, that the Planning Board, by vote, delay action on ZP-797-00 until the first meeting after the decision by the Board of Commissioners.
Mr. Norwalk made a motion that the Planning Board delay action on ZP-797-00 US 64 Bypass until the first meeting after the decision by the Board of Commissioners on LUPA 01/1 Land Use Plan Amendment To Provide Exception To Policy Limiting Development Intensities In Long-Range Urban Services Areas. Seconded by Mr. Williams, the motion carried by a vote of 8-1. Ms. Rush voted against delaying action.
(Mr. Hinton joined the meeting at this point.)
b. [ZP-801-01] South Side of Poole Road:
Request to rezone 7.5 acres from Residential-30 to Conditional Use-Industrial-2, located on the southwest side of the intersection of Poole Road and Hodge Road. Submitted to the Planning Board at its May 2, 2001 meeting, by a vote of 10-0, Board action on ZP-801-01 was postponed until its May 16, 2001 meeting to allow staff to explore the environmental issues, any notices of violation associated with the property, water and air quality issues, and interpretation of the code.
Mr. Morgan stated that the N.C. Department of Environmental and Natural Resources, Division of Water Quality, had no records of any violations associated with this property. He stated that salvage yards are not monitored or regulated and are only investigated after a complaint has been received relative to a particular property. Mr. Morgan referenced the aerial maps dated 1974, 1981, 1989, and 1999 pointing out the area of illegal nonconforming use and the area of illegal expansion of the nonconforming use. Mr. Morgan stated that staff continues to recommend denial of the rezoning request.
Mr. Hinton inquired about removal of the salvage cars as a result of a notice of violation by Wake County staff. Mr. Morgan stated that a series of letters of violation were sent to the then current property owner. Ms. Rush asked for clarification on the I-2 area and the R-30 area. Mr. Morgan, using the 1999 aerial map, indicated both areas. Ms. Hammond inquired about the buffer location. Mr. Morgan stated that the issue of buffer location will be addressed by the applicant during comments. Mr. Williams asked if contiguous property owners were notified. Mr. Morgan indicated that all adjacent property owners receive written notice.
Mr. Yeargan invited the applicant, and anyone else in the audience, to present testimony. Mr. David Pemar of Hatch, Little and Bunn L.L.P., attorney for the applicant, stated that this is the first time that the aerials have been seen. He indicated that the property lines shown in the aerials are not calibrated on the ground as they were in 1989 and subsequent years. Mr. Pemar stated that the current property owner was not aware of the illegal nonconforming use when the property was purchased in 1999. He stated that according to interpretation of the code by County staff and the County Attorney's office, the buffer cannot be located off-site. The applicant requests that the Planning Board allow them to revise the application to expand the I-2 area from 7.5 acres to 12.5 acres to include the 100-foot buffer. Mr. Lemar Bunn, stated that it was his intention to place a buffer off-site to reduce the total amount of I-2 zoning.
Mr. Ashworth inquired about the distance of the property away from the Neuse River buffer. Mr. Bunn stated that the property is located within the Neuse River Riparian buffer. Mr. Longhini stated that the County would be better able to enforce zoning on one property owner rather than multiple property owners located in the R-30 zoned area. Mr. Norwalk inquired about the rezoning having an impact on the property zoned R-30. Mr. Bunn stated that this rezoning request would not impact the current R-30 zoning. Mr. Norwalk presented an overview of statistics on salvage yards from EPA documents that are posted on the internet. Mr. Norwalk suggested that the Planning Board proceed with caution when dealing with salvage yards relative to stormwater run off and the possible environmental hazards. Ms. Hammond stated that the Planning Board has to assume that the salvage yard in this rezoning request has operated without environmental impact since no evidence to the contrary exists.
Mr. Yeargan invited Board members for discussion, conclusion and recommendation. Ms. Hammond made a motion that the Planning Board allow the applicant to revise their rezoning application. Seconded by Ms. Rush, the motion carried by a vote of 10-0.
5. Approval of the Minutes
for May 2, 2001 meeting
.
-
Mr. Yeargan asked if there were any corrections or additions to the minutes. There were none. With no corrections or additions to the minutes, by unanimous consent, Mr. Yeargan declared the minutes approved as submitted.
6 Reports -
Mr. Yeargan asked if there were any reports.
a. Interim Planning Director's Report
- Mr. Longhini stated that the Growth and Land Use Committee of the Board of Commissioners will meet on May 23 to discuss the proposed change to the Land Use Plan. Mr. Longhini stated that Mr. Clark has been in touch with Mr. Dave Powell, RDU representative, about giving a presentation to the Planning Board. Mr. Powell has agreed to make his presentation to the Planning Board at the July 18 meeting at 2:30 p.m. Mr. Longhini stated that the County Manager will present the County's budget to the Board of Commissioners at its May 17 meeting. The Board of Commissioners has requested staff to look at the notification processes and procedures for public hearing. This procedure, upon completion by staff, will be presented to the Planning Board. Also, a form has been developed as a uniform meeting agenda outline for all committees.
b. Land Development Administrator's Report
- There was no report at this time.
c. Committee Reports:
1. Subdivision Committee: There was no report at this time.
2. Code and Operations Committee: Mr. Hinton inquired about whether the Board should use sworn testimony for variances requests. Mr. Hinton requested that the issue be referred to the Code and Operations Committee for further determination. Ms. Hammond stated that the variances heard by the Board are considered to be quasi-judicial. She stated that typically this would be sworn testimony whereas the members of the Board are not to be contacted outside of the meeting and the Board's decision is based on the evidence that is presented to them at the meeting. Ms. Hammond stated that the variances are more of a judicial function whereas the rezonings are more of a legislative function. Mr. Yeargan referred the matter to the Code and Operations Committee for further interpretation and report its findings back to the Board.
3. Land Use Committee: There was no report at this time.
d. Chair:
Mr. Yeargan stated that the next meeting of the Growth Management Task Force is scheduled on May 17 at 7:00 p.m.
Mr. Yeargan stated that the Land Use Plan Amendment 01/1 is before the Board of Commissioners. If there is a minority report, staff could include it in the Commissioner's agenda packet or send a copy to the Clerk to the Board of Commissioners. Mr. Yeargan requested that staff submit a Board of Commissioner's agenda schedule to Planning Board members.
Mr. Yeargan stated that the Board Dry Storage issue before the Board of Commissioner is unchanged under the current code. Mr. Hinton stated that the proposed text change was to allow boat dry storage in residential areas.
Mr. Yeargan updated Board members on the progress of the selection of the Planning Director.
Special Item of Interest
Ms. Rush stated that Wake County and the Open Space Advisory Committee have secured 127 acres of land in the headwaters of Falls Lake area. Ms. Rush thanked staff for the public notice process update. She requested that public notice on rezonings should go out prior to the Planning Board meetings.
Ms. Rush distributed the millennium edition of a map of the Knightdale area published by the Knightdale Chamber of Commerce. Staff was asked to make sure that the applicant in rezoning request ZP-797-00 receives a copy of the map.
7. Adjournment -
Mr. Yeargan asked if there was any other business to come before the Board. There were none. With no other information to come before the Board, Mr. Yeargan declared the meeting adjourned at 5:00.
Respectfully Submitted:
Becky Smith
Secretary to the Board
05/31/01