Minutes of 11/15/00 Planning Board Meeting [adopted]D3;15= (No Responses);13= (1 Response);14= (% Responses)

Response

Minutes of 11/15/00 Planning Board Meeting [adopted]

Becky E Smith

11/28/2000

12:02 PM

Category:

Planning Board\Minutes

MINUTES
WAKE COUNTY PLANNING BOARD
3:30 P.M., NOVEMBER 15, 2000
ROOM 700, WAKE COUNTY COURTHOUSE
316 FAYETTEVILLE STREET MALL
RALEIGH, NC

Members Present (9): Mr. Terry Yeargan (Chair), Ms. Kimberly Siran, Ms. Phyllis Rush, Mr. Stan Norwalk, Ms. Denese Lavender, Mr. Phil Hinton, Mr. Ed Ashworth, Mr. Mason Williams, Ms. Robin Hammond

Member Not Present: Mr. Dwight Pearson (Vice-Chair)

Staff Present: Mr. Mike Jennings, 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 agenda amendments. There were none.

3. Other Matters:

a. Presentation

- Mary Kiesau, NC Chapter Sierra Club

Ms. Kiesau gave a presentation on suburban sprawl and its impact on the environment, individual and community funds, and public tax dollars. Founded in 1892 and with nearly 15,000 members currently, the Sierra Club is the nation's oldest and largest grassroots environmental organization.

4. Other Public Concern Matters:

a. Extraterritorial Jurisdiction Expansion Criteria

Database 'Land Use Discussion', View 'By Author', Document 'Extraterritorial Jurisdiction Expansion Criteria - Mike Jennings'

Mr. Jennings presented the staff report and recommendation that the Planning Board recommend these changes to the extraterritorial jurisdiction expansion criteria as recommended for approval at its October 4, 2000 meeting. Municipal planners were asked to review the extraterritorial jurisdiction expansion criteria recommendations. In addition, the Wake County Manager discussed these changes with municipal managers. Both dealt with the additional information that would be required in their request for Extraterritorial Jurisdiction expansion. The additional information is as follows:

1. On the issue of dedication of land for school sites, they suggested it be clarified to state that the municipalities state what actions they have taken to

encourage

dedication of land for school sites. Currently, it is not clear if local governments have the ability to require dedication of school sites.

2. On the issue of water and sewer planning, the municipal managers felt that the wording

"Implementation plans or actions on merging municipal utilities"

could be construed to requiring them to merge utilities. The intent was to encourage them to implement the recommendations of the County's water and sewer plan, or take other actions that are regional in nature. Therefore, it is recommended that the criterion be reworded to say

"Actions taken to implement the Wake County water and sewer plan and other regional water and sewer efforts.

Mr. Yeargan invited other interested parties for comment. There were none. Mr. Yeargan invited Board members for discussion and recommendation. Ms. Rush made a motion that the Planning Board recommend approval of the amendments to the Extraterritorial Jurisdiction criteria as outlined at the Board's October 4, 2000 meeting with the revisions stated in item 1 and 2 as listed above and presented at its November 15, 2000 meeting. Seconded by Ms. Hammond, the motion carried by a vote of 9-0.

b. Request from City of Raleigh for ETJ Expansion

Database 'Land Use Discussion', View 'By Author', Document 'Request from City of Raleigh for ETJ Extension'

Mr. Clark presented the staff report and recommendation the Planning Board conclude that the Raleigh ETJ Request: Northeast Urban Services Area, September 2000, conforms with the Land Use Plan and State Law, and recommend that the Board of Commissioners approve the ETJ extension request for the area within Raleigh's Short-Range Urban Services Area. Mr. Clark introduced Mr. Mark Stankos, Area Planner with the City of Raleigh who was present to answer any questions. Mr. Clark referenced several maps of the area requested in the ETJ expansion. He stated that there was approximately 3,585 acres involved in the expansion request.

Mr. Yeargan invited other interested parties and anyone in the audience to present comments. There were none. Mr. Yeargan invited Board members for discussion and recommendation. Board members expressed concerns about ETJ length of time for annexation, service implications and cost duplication, disenfranchisement of property owners, floodplain regulations, and public services availability. Mr. Norwalk expressed concern about Raleigh's commitment to calibrating the effects of additional development on the floodplains. Mr. Stankos stated that as property is rezoned, Raleigh looks at the areas within the 100-foot floodplain. Mr. Norwalk also expressed concern about statements on page 5, first paragraph, of the document titled "Raleigh ETJ Extension Request: Northeast Urban Services Area", a report to the Raleigh City Council and the Wake County Board of Commissioners dated September 2000, which read "In Short-Range Urban Services Areas, new development will be required to connect to municipal water and sewer systems where practicable, and encouraged to provide centralized community systems elsewhere. Development is [to be] at urban intensities and designed to facilitate future urban infill." Raleigh has a capital improvement program which incorporates the extension of water and sewer.

Ms. Lavender made a motion that the Planning Board recommend that the Board of Commissioners approve the ETJ extension request for the area within Raleigh's Short-Range Urban Services Area, the Northeast Urban Services Area, September 2000, which conforms with the Wake County Land Use Plan and is allowed by State Law. Seconded by Ms. Rush, the motion carried with a vote of 9-0.

Board members requested that the Planning Board Chair be present at the December 4, 2000 meeting of the Board of Commissioners to present concerns expressed by the Planning Board. The Board members unanimously requested that an item be placed on the December 6, 2000 meeting agenda to allow for discussion of extraterritorial jurisdictions accompanied by a map of annexed properties which remain unincorporated and extraterritorial jurisdiction expansion properties associated with this request. Mr. Clark and Mr. Stankos were invited to be present at the meeting.

c. Northeast Wake Land Use Plan

: Request for approval of proposed date of December 6, 2000 for presentation of the Northeast Wake Area Land Use Plan to the Planning Board.

Mr. Jennings requested that the Planning Board approve the proposed date of December 6, 2000 for presentation of the Northeast Wake Area Land Use Plan to the Board. By unanimous consent, the Planning Board approved 9-0 that the presentation of the Northeast Wake Area Land Use Plan be presented before the Board at its December 6, 2000 meeting.

5. Rezonings:

a. ZP-796-00 West Side of Holly Springs Road, Southeast of Cary:

Request to amend Conditional Use-Industrial-1 (CU-I-1)/Watershed Management Area Overlay (WMAO) District on 11.6 acres of land by removing requirement to construct a turn lane.

Mr. Morgan presented the staff report and recommendation that the Planning Board conclude that the request conforms with the Land Use Plan and advances public health, safety, and general welfare, and recommend that the Board of Commissioners approve the request. Located on the northwest side of Holly Springs Road, a major thoroughfare, just southwest of its intersection with Penny Road, request to amend Conditional Use-Industrial-1 (CU-I-1)/Watershed Management Area Overlay (WMAO) District on 11.6 acres of land by removing requirement to construct a turn lane. The applicant's proposed conditions limit the use of the property to a full service plant nursery incorporating wholesale and retail sales, a residence for security personnel, and transmission towers and related facilities.

Mr. Yeargan invited the petitioner to present testimony concerning the rezoning. Mr. Tom Worth Jr., representative for the petitioner, referenced the three letters attached to the petition and stated he would answer any questions from the Board.

Mr. Williams made a motion that the Planning Board conclude that the request conforms with the Land Use Plan and advances public health, safety, and general welfare, and recommend that the Board of Commissioners approve the request as submitted. Seconded by Mr. Norwalk, the motion carried by a vote of 9-0.

7. Ordinance Text Amendments:

a. (OA-00/9) Boat Dry Storage in Water Supply Watersheds

Database 'Land Use Discussion', View 'By Author', Document 'OA-00/9: Boat Dry Storage in Water Supply Watershed - Mike Jennings'

A request by the Board of Commissioners to consider amending the Zoning Ordinance to allow boat storage facilities in water supply watersheds.

Mr. Jennings presented the staff report and recommendation that the Planning Board recommend that the Board of Commissioners not allow dry boat storage facilities in water supply watersheds, and if the Board of Commissioners allows dry boat storage facilities, adopt Alternate Ordinance A titled "Ordinance Amending The Zoning Ordinance To Allow Dry Boat Storage Facilities in R-40W Zoning Districts."

Mr. Yeargan invited interested parties for comment. Attorney Brad Williams, representative of Mr. Charles Watson, property owner, presented a petition containing over 1200 signatures against the ordinance change. Mr. Charles Watson, Mr. Ray Hill, and Mr. Phil Bicker were all present and in favor of allowing the dry boat storage facility currently owned and operated by Mr. Charles Watson. Mr. Dale Adcock and Mr. Alec Barringer were present and against allowing dry boat storage facilities within the water supply watershed.

[Ms. Siran left the meeting at this point.]

Mr. Yeargan invited Board members for discussion and recommendation. Board members expressed concern about whether any impact studies had been done by other municipalities or agencies with respect to the environment. Additional concerns were protection responsibilities. Mr.. Norwalk made a motion that the Planning Board recommend that the Board of Commissioners not allow dry boat storage facilities in water supply watersheds and if the Board of Commissioners votes to allow dry boat storage facilities, that they adopt Alternate Ordinance A titled "Ordinance Amending The zoning Ordinance To Allow Dry Boat Storage Facilities in R-40W Zoning Districts." Seconded by Ms. Rush, the motion carried by a vote of 7-1. Mr. Williams voted for allowance.

b. (OA-00/10) Sign Regulations in Research Applications Districts

Database 'Land Use Discussion', View 'By Author', Document 'OA-00/10;00/11;00/12: District Sign Reg/Subdiv Ord Exemption/Grave Site Location Stds - Mike Jennings'

Mr. Jennings presented the staff report and recommendation that the Planning Board recommend that the Board of Commissioners adopt Ordinance Amendment 00/10 titled "Ordinance Amending The Zoning Ordinance To Revise Sign Regulations In Research Applications Districts." Currently, the Zoning Ordinance restricts signs to two on-premise signs per use. Recommendation is that the limitation be changed to a maximum of one sign per vehicular access point and one additional sign per lot.

Mr. Yeargan invited other interested parties to comment. There were none. Mr. Yeargan invited Board members for discussion and recommendation. Ms. Rush made a motion that the Planning Board recommend that the Board of Commissioners adopt Ordinance Amendment 00/10 titled "Ordinance Amending The Zoning Ordinance To Revise Sign Regulations In Research Applications Districts" as submitted. Seconded by Ms. Lavender, the motion carried by a vote of 8-0.

c. (OA-00/11) Exemptions from the definition of subdivision

Mr. Jennings presented the staff report and recommendation that the Planning Board recommend that the Board of Commissioners adopt Ordinance Amendment 00/11 titled " Ordinance Amending The Subdivision Ordinance To Exempt Public Acquisition of Open Space Parcels And Strips Of Land For Establishment Or Widening Of Greenway And Rail Corridors." Under current subdivision regulations, any lot created from a larger tract must meet the ordinance requirements for access, minimum land area, shape, etc. Those standards should not be applied to Greenway corridors along streams or rail corridors, or to open space parcels that are only accessed on foot.

Mr. Yeargan invited other interested parties to comment. There were none. Mr. Yeargan invited Board members for discussion and recommendation. Mr. Ashworth stated that these parcels and strips of land for establishment or widening of Greenway and rail corridors should be required to be surveyed and recorded. Ms. Hammond made the motion that the Planning Board recommend that the Board of Commissioners adopt Ordinance Amendment 00/11 titled "Ordinance Amending The Subdivision Ordinance To Exempt Public Acquisition Of Open Space Parcels And Strips Of Land For Establishment Or Widening Of Greenway And Rail Corridors" as submitted. Seconded by Ms. Rush, the motion was carried by a vote of 8-0.

d. (OA-00/12) Location standards for grave sites in family burial grounds

Mr. Jennings presented the staff report and recommendation that the Planning Board recommend that the Board of Commissioners adopt Ordinance Amendment 00/12 titled "Ordinance Amending The Zoning Ordinance To Eliminate Duplication Of Locational Standards For Grave Sites In Family Burial Grounds And Cemeteries." Wake County's current Zoning Ordinance requires that all gravesites be located at least 100 feet from any existing private or community water supply and 50 feet from any lake. Environmental health laws require that all gravesites be located at least 100 feet from any existing community water supply and 50 feet from any private water supply. We believe and recommend that we should rely on the environmental health laws for distances from water supplies, since they have the resources to determine what distances are appropriate.

Mr. Yeargan invited other interested parties to comment. There were none. Mr. Yeargan invited Board members for discussion and recommendation. Ms. Rush made a motion that the Planning Board recommend that the Board of Commissioners adopt Ordinance Amendment 00/12 titled "Ordinance amending The Zoning Ordinance To Eliminate Duplication Of Locational Standards For Grave Sites In Family Burial Grounds And Cemeteries" as submitted. Seconded by Mr. Norwalk, the motion carried by a vote of 8-0.

8. Approval of minutes of the November 1, 2000 meeting

Database 'WC - FYI', View 'By Category', Document 'Minutes of 11/1/00 Planning Board meeting (draft)'

. Mr. Yeargan asked Board members if there were any additions or corrections to the minutes. There were none. By unanimous consent, the minutes were approved as submitted.

9. Reports:

a. Planning Director's Report -

Mr. Jennings reminded the Chair of the request from TTA for a resolution endorsing the efforts of the TTA. He reminded Board members that the Growth Management Task Force meeting was scheduled for Thursday, November 16. Mr. Jennings stated that recreation facilities in a water supply watershed and cul-de-sac lengths recommendations were both approved by the Board of Commissioners as recommended by the Planning Board.

b. Land Development Administrator’s Report -

There was none at this time.

c. Committee Reports -

There were none at this time.

d. Chair Report -

Mr. Yeargan deferred his report on his visit to the Durham Planning Board until a later date. Mr. Yeargan referenced the mission statement as developed during the Planning Board Retreat in August 2000. He stated that he will draft a letter and attach the mission statement to be sent to the Board of Commissioners by close of business on Thursday, November 16. Mr. Yeargan requested that Mr. Jennings email the mission statement and retreat memorandum to all Board members. Mr. Jennings stated that he is trying to schedule a luncheon meeting for the Planning Board with the Board of Commissioners prior to their January 8, 2001 meeting.

10. Adjournment - Mr. Yeargan asked Board members and staff if there were any other items or business to come before the Board. With no other items or business to come before the Board, Mr. Yeargan declared the meeting adjourned at 6:10 p.m.

Respectfully Submitted:
Becky Smith
Secretary to the Board
11/28/00