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    Minutes of 6/10/2008 Board of Adjustment Meeting [adopted]
MINUTES

Regular Meeting
Wake County Board of Adjustment
Tuesday, June 10, 2008
9:00 am, Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, North Carolina

Members Present (8): Mr. Ronald Raxter (chairman), Mr. Art Odom (vice-chairman), Mr. Tim Sack, Mr. Billy Myrick, Mr. James Compton, Mr. Terence Morrison, Mr. Donald Mial, and Mr. Timothy Clark.

Members Not Present (1): Mr. A. Thomas Anderson.

Staff Present (5): Mr. Steven Finn (Land Development Administrator), Ms. Brenda Coats (Planner II), Ms. Celena Everette (Planner II), Mr. Matt Burton (Clerk to the Board), and Mr. Russ O’Melia (Assistant Clerk to the Board).

County Attorney Present (1): Ms. Shelley Eason (Deputy County Attorney).

Board of Commissioner Member Present (0)

Item 1, Call to Order: Mr. Raxter called the meeting to order at 9:06 A.M. with eight (8) members present.

IN RE MINUTES

Item 2, Approval of Minutes of the April 8, 2008, Meeting:

Mr. Sack made a motion to approve the April 8 meeting minutes as written, and Mr. Myrick seconded. The motion carried unanimously.

Planning Department staff members Steven Finn, Brenda Coats, and Celena Everette were duly sworn. Mr. Raxter explained the quasi-judicial process of the Board of Adjustment to the audience members present. He then noted that only four regular members were present and assigned Mr. Morrison as the fifth voting member for the first case.

Item 3, BA-SU-2094-08

Petitioner: Riley Hill Baptist Church
Landowner: Riley Hill Baptist Church
PIN: 1765.02-57-2614
Size: 33.47 acres
Location: The site is located on the northern side of Riley Hill Road, west of its intersection with Edgemont Road, in the eastern part of the county.
Zoned: Residential-40 Watershed (R-40W)
Land Use Classification: Non-Urban Watersupply Watershed area and partially in the Town of Rolesville’s Long-Range Urban Services Area/WaterSupply Watershed

The petitioner is requesting special use approval as required by Article 4 of the Wake County Unified Development Ordinance to construct an 18,687 square foot church with associated parking.


SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED

Documentary Evidence: Staff report, PowerPoint presentation, Site Plan map, Ortho Map, Zoning Map, relevant sections of the Unified Development Ordinance, and a panoramic video of the property were shown and/or available.

Testimony: Ms. Everette, Planner II, entered the staff report for BA-SU-2094-08 into the record, and stated the petitioner’s name, zoning classification, and the nature of the special use request. Ms. Everette used a PowerPoint presentation to deliver the staff report and identify the location of the property on an Ortho and Zoning map.

Mr. Al Fulwood, Pastor and Administrator of Riley Hill Baptist Church, of Raleigh, NC, and Mr. Robert Holden of Zebulon, NC, came forward were duly sworn. Mr. Fulwood thanked the board for the opportunity to be heard and asked that it give their request every consideration. Mr. Holden said eastern Wake County is a growing area and the church has just about run out of room in their current facility. Mr. Myrick asked how long the church had been in existence and how many members the church has. Mr. Fulwood answered 133 years with approximately 500 members.

Ms. Melissa Bodi of Raleigh, NC, came forward and was duly sworn. She asked where the spillway would be located and if it would be protected, and then inquired about the 40’ buffer in between her property and the church’s property. Ms. Everette said it is only vegetation at present as that is the minimum requirement, although a hill or a wall could have been proposed. Ms. Bodi then asked about the highway and the left-hand turn lane with the right side taper. She inquired if her retaining wall was in the right-of-way, as cars have hit the wall before, and this could be a safety concern. If it encroaches any further, it reduces the frontage and availability of their yard. Ms. Everette said the retaining wall is in the right-of-way and any proposals for alternatives or changes need to be discussed with DOT. She continued that the spillway is located on the northern part of the property, and the Unified Development Ordinance does not require a screen or a fence.

Ms. Diane Jones of Raleigh, NC, came forward and was duly sworn. She expressed a concern with the turn lane and said Ms. Everette told her that there may be an extension of the turn lane, which could take some property from her. Ms. Everette said that in the current site plan, the turning lane is in the existing right-of-way. If DOT needs more space for the turn lane, they would work with the applicant. Mr. Odom confirmed that DOT would also have to approach the affected landowner about possibly purchasing any additional land they need for the turn lane. Ms. Everette added that the applicant would also need to approach the affected landowner to see what, if any, solution could be agreed upon.

There was no one else that wished to speak in favor of or in opposition to the request. Mr. Raxter closed the evidentiary hearing.

BOARD DISCUSSION

There was no further discussion

MOTION

Mr. Odom made a motion that in the matter of BA-SU-2094-08, the board find and conclude that the petition does meet the requirements of Article 19-23 of the Wake County UDO and that the special use permit be granted with the recommended staff conditions. Mr. Morrison seconded the motion.

All voting members voted in the affirmative. This resulted in a 5-0 unanimous vote to approve BA-SU-2094-08. The special use permit was granted with the staff conditions and as recommended in the motion. So ordered.

FINDINGS OF FACT

a. The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved. b. Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property. (5) The proposed development will be consistent with the Wake County Land Use Plan.
CONCLUSIONS OF LAW

The proposed development will not materially endanger the public health or safety, the proposed development will comply with all regulations and standards generally applicable within the zoning district and specifically applicable to the particular type of special use or class of special uses, the proposed development will not substantially injure the value of adjoining property, or is a public necessity, the proposed development will be in harmony with the area in which it is located, and the proposed development will be consistent with the Wake County Land Use Plan. IT IS THEREFORE ORDERED: (1) The petitioner must provide construction plans and obtain a building permit for the proposed development from the Wake County Inspections/Development Plans/Permits Division; (2) The petitioner must obtain approval for the well and septic from the Water/Wastewater Section of the Department of Environmental Services;

(3) The petitioner must obtain a land disturbance permit from the soil and erosion section of Wake County Department Environmental Services.

(4) The petitioner must obtain stormwater and flood study approval from stormwater section of Wake County Department Environmental Services.

(5) The petitioner must provide construction plans and obtain a sign permit from the Wake County Inspections/Development Plans/Permits Division and Current Planning Section for the proposed on-premise sign;

(6) The petitioner must obtain driveway permits from the North Carolina Department of Transportation and provide a copy to the Current Planning Section of the Wake County Planning Department;

(7) Any changes in the lighting plan must be submitted to the Current Planning section for approval prior to installing any future lighting;

(8) The petitioner must record the notarized form pertaining to the Order of the Board in the Wake County Register of Deeds and return a copy to the Current Planning Section of the Planning Department;

(9) A final zoning site inspection to verify site plan compliance must be performed by the Zoning Administrator before the Wake County Inspection/Development Plans Permits Division issues a Certificate of Compliance;

(10) The petitioner must provide an as built impervious survey prior to issuance of a permit for the development.

Mr. Raxter noted that only four regular members were present and assigned Mr. Compton as the fifth voting member for the second case.

Item 4, BA-SU-2093-08

Petitioner: Tom Roberts
Landowner: YMCA of the Triangle
PIN: 1821.02 89 4006
Size: 150 acres
Location: The site is located on the eastern side of Camp Kanata Road, South of Purnell Road, in the northern part of the county.
Zoned: Residential-40 Watershed (R-40W)
Land Use Classification: Non-Urban Area/Water supply Watershed (NUA/WSW); non-critical area.

The petitioner is requesting special use permit approval as required by Article 4 of the Wake County Unified Development Ordinance to construct a 500,000 gallon elevated water storage tank and four wells to serve Camp Kanata, Hasentree and the surrounding areas. The petitioner is also requesting an extension of Article 19-23-14 (B) (1) to obtain the permits for the Camp Kanata site.

SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED

Documentary Evidence: Staff report, PowerPoint presentation, Site Plan map, Ortho Map, Zoning Map, relevant sections of the Unified Development Ordinance, and a panoramic video of the property were shown and/or available.

Testimony: Ms. Everette, Planner II, entered the staff report for BA-SU-2093-08 into the record, and stated the petitioner’s name, zoning classification, and the nature of the special use request. Ms. Everette used a PowerPoint presentation to deliver the staff report and identify the location of the property on an Ortho and Zoning map.

Mr. Chuck Smith of Cary, NC, came forward, was duly sworn, and said he is representing the property owners and the applicant. He reminded the board that at a meeting a couple years prior, it approved a special use permit for Camp Kanata. The board approved the water tank for the Hasentree Development and it is being proposed to move the tank to this site as a more regional location to serve 2,500 acres with this water system rather than a well system. The site has an acceptable elevation for the tank. He continued that the county standards for commercial buildings have changed since the last approval, and their cabins are considered commercial buildings. The relocated tank would provide for better fire protection, will increase property values, and given the recent drought, water is a public necessity. The proposal is in harmony with the surrounding area, especially since the board approved their previous request. The applicant notified everyone within 150 acres of the site of their request, which was beyond the requirement of notifications only to those property owners adjacent to the tank. He concluded by saying the pace of development is determined by the donations they receive, and that is why the applicant is requesting an extension of time for this development.

Mr. Myrick asked if the YMCA would benefit from this new tank and water source. Mr. Smith said the applicant is providing an easement to Aqua America to construct the tank on the property, and that the YMCA will be a customer of their just as anyone else online with the tank. He added that the site selected for the tank is the highest elevation in the area, and the area served by the tank decreases as the elevation decreases. Mr. Mial asked if the applicant had contacted the Department of Environment and Natural Resources (DENR) in relation to their request from an environmental standpoint. Mr. Smith said they have located four well sites, but they are not necessarily drilling on all four sites. It is better to drill on them one at a time.

Mr. Dale Warenko of Withers-Ravenel Engineers in Cary, NC, came forward and was duly sworn. He said DENR does not require approval for the tank site location, but they do require approval for the well locations.

Mr. Clifford McGuin, an absentee property owner in this area, came forward and was duly sworn. He said he supports the water tower and this will allow Aqua North’s network to expand throughout the area and provide adequate water service, especially given the recent drought the area has suffered. He added that this would help immensely with fire protection and add to property values.

There was no one else that wished to speak in favor of or in opposition to the request. Mr. Raxter closed the evidentiary hearing.

BOARD DISCUSSION

Mr. Sack asked staff if the request for a five-year extension with a two-year option has been done in other cases. Ms. Coats said yes, and the request is not atypical and the length of the request is not unusual. There was no further discussion.

MOTION

Mr. Sack made a motion that in the matter of BA-SU-2093-08, the board find and conclude that the petition does meet the requirements of Article 19-23 of the Wake County UDO and that the special use permit be granted with the recommended staff conditions. Mr. Odom seconded the motion.

All voting members voted in the affirmative. This resulted in a 5-0 unanimous vote to approve BA-SU-2093-08. The special use permit was granted with the staff conditions and as recommended in the motion. So ordered.


FINDINGS OF FACT

c. The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved. d. Whether the proposed development is so necessary to the public health, safety, and general welfare of the community or County as a whole as to justify it regardless of its impact on the value of adjoining property.
a. The relationship of the proposed use and the character of development to surrounding uses and development, including possible conflicts between them and how these conflicts will be resolved.
(5) The proposed development will be consistent with the Wake County Land Use Plan.
CONCLUSIONS OF LAW

The proposed development will not materially endanger the public health or safety, the proposed development will comply with all regulations and standards generally applicable within the zoning district and specifically applicable to the particular type of special use or class of special uses, the proposed development will not substantially injure the value of adjoining property, or is a public necessity, the proposed development will be in harmony with the area in which it is located, and the proposed development will be consistent with the Wake County Land Use Plan. IT IS THEREFORE ORDERED: (1) The petitioner must provide construction plans and obtain a building permit from the Wake County Inspections/Development Plans/Permits Division. (2) The petitioner must obtain approval from Wake County Environmental Services Stormwater Section for stormwater permits.

(3) The petitioner must properly abandon the existing septic system, once the public sewer installation is complete, and receive approval from the Water/Wastewater Section of the Department of Environmental Services before the issuance of any permit for the proposed use. (4) The petitioner must obtain approval for the proposed 50,000-gallon water tank and wells from the Public Water Supply Section of NCDENR.

(5) The petitioner must record the notarized form pertaining to the Order of the Board in the Wake County Register of Deeds and return a copy to the Current Planning Section of the Planning Department.

(6) A final zoning site inspection to verify site plan compliance must be performed by the Zoning Administrator before the Wake County Inspection/Development Plans Permits Division issues a Certificate of Compliance.

(7) The petitioner must obtain all building permit(s) for the Camp Kanata project(s) no later than December 13, 2013. This date may be extended for a one-time 2-year extension upon a written request to the Planning Director with sufficient documentation.


ITEM 5, NEW BUSINESS

There was none.

ITEM 6, OLD BUSINESS

There was none.

Hearing no additional business, the meeting was adjourned at 9:38 A.M.