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    Minutes of 9/11/2007 Board of Adjustment Meeting [adopted]


Regular Meeting
Wake County Board of Adjustment
Tuesday, September 11, 2007
9:00 am, Room 700
Wake County Courthouse
316 Fayetteville Street Mall
Raleigh, North Carolina

Members Present (7): Mr. Ronald Raxter, Mr. A. Thomas Anderson, Mr. Billy Myrick, Mr. Art Odom, Mr. Tim Sack, Mr. Jeffrey Willis, and Mr. James Compton.

Members Not Present (1): Mr. Gary Shope.

Staff Present (4): Ms. Brenda Coats (Planner II), Mr. Steven Finn (Land Development Administrator), Mr. Russ O’Melia (Assistant Secretary to the Board), and Mr. Matt Burton (Secretary to the Board)

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

Item 1, Call to Order: Mr. Raxter called the meeting to order at 9:02 A.M. with seven (7) members present.


Item 2, Approval of Minutes of the August 14, 2007 Meeting:

Mr. Anderson made a motion to approve the August 14 meeting minutes as written, and Mr. Myrick seconded. The motion carried unanimously.

Mr. Raxter noted that Mr. Sack was recently appointed as a regular member. All five regular member seats are now filled, with one vacancy in the alternate member seats. The Board of Commissioners will be filling this seat at their next meeting.

Planning Department staff members Steven Finn and Brenda Coats were duly sworn.

Item 3, BA-SU-2075-07

Petitioner: David H. Blevins, P.E. – Development Engineering, Inc.
Landowner: CBM Ministries of NC, Inc.
PIN: 1718.02 76 8824
Size: 69.55 acres
Location: The site is located on the northern side of Durant Road, west of its intersection with Falls of Neuse Road.
Zoned: Residential 40-Watershed (R 40-W) and Residential 80-Watershed (R 80-W)
Land Use Classification: Non-Urban Area/Water Supply Watershed (NUA/WSW) critical and non-critical area. City of Raleigh Long Range Urban Services Area (LRUSA)

The petitioner is requesting special use permit approval as required by Sections 4-33 and 4-34 of the Wake County Unified Development Ordinance to add a 12,000 square foot gym building, swimming pool and 199 designated parking spaces.


Documentary Evidence: Staff report, PowerPoint presentation, Ortho Map, Zoning Map, relevant sections of the Unified Development Ordinance, and four 360-degree video documentations of the landowner’s property.

Testimony: Ms. Coats, Planner II, entered the staff report for BA-SU-2075-07 into the record and stated the petitioner’s name, address, zoning classification, and the nature of the special use request. Ms. Coats used a PowerPoint presentation to identify the location of the property on an Ortho and Zoning map.

The property has frontage on Falls of Neuse Road and Durant Road. Falls of Neuse Road currently has a 120-foot right-of-way. Durant Road currently has a 60-foot right-of-way. The Wake County Thoroughfare Plan indicates that Durant Road will have an 80-foot ultimate right-of-way and median/left turn lanes at intersections and driveways. The site plan shows the dedication of an additional 10-foot of right-of-way along Durant Road and notes that the road improvements will be indicated for construction plan submittal with the design subject to the NCDOT approval. The site currently has access off of Falls of Neuse Road and Durant Road. No additional ingress/egress points are proposed for the site. The site is served by an existing individual well with an additional new well shown south of the existing private driveway off of Durant Road. Wastewater for the site will be provided by an individual septic system. Approval from the appropriate agency is required for the well and septic (see condition #3).

The property has been used as a youth camp since 1945 when the meeting hall and dining hall were first constructed. The infirmary was constructed in 1969 with the staff quarters built in 1970 and the cabins built in 1978. Numerous buildings and impervious surfaces were created in what is now the Residential 80-Watershed zoning, creating a non-conforming feature on that portion of the property. Article 7-13 Nonconforming Development Features, Section 7-13-2 (B) Regulations of the Unified Development Ordinance states: “No action may be taken that increases the degree or extent of the nonconforming development feature.” The following buildings are currently located within the 25.97 acres zoned Residential 80-Watershed on the property: 5 cabins, infirmary, office, bookstore, dining hall, recreation shelter, tabernacle, crafts building, snack shop, girls bath houses, storage building, game courts, ball field, equipment shelter, pump house, miniature golf area and a portion of the existing gym. The total impervious surface coverage within this area is 6.6%, which is a non-conforming feature. The petitioner is not proposing any changes within the Residential 80-Watershed portion of the property.

The owner is proposing to build a new gymnasium, swimming pool, athletic field and provide additional parking for the site, all of which will be located within the Residential 40-Watershed zoning on the property. Day camps are allowed within the Residential 40-Watershed as special uses and are not required to be located within an activity center.

The proposed parking area will be located adjacent to the existing gym with the swimming pool and new 12,000 square foot gym located adjacent to the proposed parking. The new athletic field is adjacent to the pool and gym and located approximately 380 feet from Falls of Neuse Road. The number of staff for the camp varies throughout the year, ranging from 10 to a maximum of 40. The maximum number of campers and staff exist during the months of June through August. During this time, there is a maximum of 175 campers and 40 staff members.

There is an existing driveway off of Falls of Neuse Road and Durant Road that serves the entire 69.55-acre site. The driveway off of Falls of Neuse Road currently has a 20-foot width. The driveway off of Durant Road will be widened to 20-feet to accommodate emergency vehicles. A new 24-foot gravel drive off of the interior drive will provide access to the new parking lot, pool and gym building. The petitioner must obtain a driveway permit from the North Carolina Department of Transportation for the expansion (see condition #5).

The property is split zoned Residential-40 Watershed (R-40W) and Residential 80-Watershed (R 80-W). The southern portion of the property (approximately 43.19 acres) is zoned R 40-W, with the remaining 25.97 acres zoned R 80-W. The property to the north of the site is zoned Residential 80-W with low-density residential land uses and the City of Raleigh water treatment plant. Property to the east of the site across Falls of Neuse Road is zoned Office & Institutional 1 (City of Raleigh) with high intensity non-residential uses. Property south and west of the site is zoned Residential 40-W and Residential 80-W with low density residential land uses. Section 16-10(D), Landscaping and Bufferyards, Bufferyard Table, requires a 40-foot Type “C” screen along the western property line, a 10-foot streetscape screen along the ultimate right-of-way of Durant and Falls of Neuse Roads, and no screen or bufferyard adjacent to the Raleigh Water Treatment Plant. The site plan shows compliance with the required screens and bufferyards.

Section 15-10, Off-Street Parking, requires 1 parking space for every 3 persons at design capacity. The design capacity for the new gymnasium is 450 people, which requires a minimum of 150 parking spaces. There are 199 designated parking spaces shown on the site plan to accommodate the camp use.

Section 5-11-1, Conventional Development - Residential Watershed Districts, limits the impervious surface coverage for nonresidential development of property within Residential 80-Watershed zoning to 6% and Residential 40-Watershed zoning to 12% (without stormwater management with a maximum of 24% impervious surface coverage). The existing impervious coverage within the 25.97-acre portion of the property zoned R 80-W is 6.6%, which is a legal non-conforming feature. Article 7-13 Nonconforming Development Features, Section 7-13-2 (B) Regulations of the Unified Development Ordinance states: “No action may be taken that increases the degree or extent of the nonconforming development feature.” There are no changes or modifications taking place within the R 80-W zoning section of this property. The proposed impervious surface coverage of the 43.19-acres zoned R 40-W is 8.13%.

Section 18-12, Sign Regulations for Specific Zoning Districts, allows for a maximum of one on-premise identification sign per special use on a lot. The on-premise sign may not exceed 4 square feet per side in sign area. There is one proposed sign shown. A sign permit must be obtained prior to placement of the on-premise identification sign (see condition #4).

Section 17-10-7, Operational Performance Standards, Exterior Lighting, requires all exterior lighting to be shielded or directed away from any adjacent use or lot or adjacent public street and that no exterior lighting can cause illumination in excess of one (1) foot-candle at the lot line. There is no exterior lighting proposed for the additions to the site at this time.

Notification letters to adjoining property owners were mailed on August 13, 2007. A public hearing placard was placed on the site on August 20, 2007.

Special Use Required Conclusions

The Board of Adjustment shall not approve a petition for a Special Use Permit unless it first reaches each of the following conclusions based on findings of fact supported by competent, substantial, and material evidence. The Board of Adjustment must make positive findings on the following findings of fact from Article 19-23 of the Wake County Unified Development Ordinance in order to approve or deny this special use request:

(1) The proposed development will not materially endanger the public health or safety.


(2) 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. (3) The proposed development will not substantially injure the value of adjoining property, or is a public necessity. 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. (4) The proposed development will be in harmony with the area in which it is located.
(5) The proposed development will be consistent with the Wake County Land Use Plan.
Staff recommends that, if the Board of Adjustment reaches positive conclusions on all of the required findings, that it approve the request subject to the following conditions:

1. The petitioner must provide construction plans and obtain a building permit for the proposed gymnasium from the Wake County Inspections/Development Plans/Permits Division.

2. The petitioner must provide construction plans and obtain a building permit for the swimming pool from the Wake County Inspections/Development Plans/Permits Division.

3. The petitioner must obtain approval for the well and septic from the Water/Wastewater Section of the Department of Environmental Services.

4. The petitioner must provide construction plans and obtain a sign permit from the Wake County Inspections/Development Plans/Permits Division for the proposed on-premise sign.

5. 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.

6. The petitioner must submit a lighting plan to the Current Planning section for approval prior to installing any future lighting.

7. 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.

8. 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.

Mr. Tom Wells, architect of the project, came forward, and after stating his name and address, was duly sworn in. He introduced others present: Mr. Bob Johnson, Mr. Richard Tilley, and Mr. Tom Harrell. He thanked the board for hearing the request today and that they stand ready to answer any questions. Mr. Myrick asked if CBM Ministries was a non-profit. Mr. Wells answered yes, it is a 501(c)3 organization.

There was no one else that wished to speak in favor of the petitioner and no one spoke against the petitioner. Mr. Raxter then closed the evidentiary hearing.


There was none. Mr. Raxter reminded the board that since all five regular members were present, only they will be voting today.


Mr. Odom made a motion that in the matter of BA-SU-2075-07 that the board find and conclude that the petitioner does meet the requirements of Article and Section 4-33 and Article and Section 4-34 of the Wake County Unified Development Ordinance, and that a special use permit be granted with the recommended staff conditions. Mr. Anderson seconded the motion. This resulted in a 5-0 vote to approve the special use permit for BA-SU-2075-07. So ordered.


There was none.


There was none

Hearing no additional business, the meeting was adjourned at 9:25 A.M.

September 11, 2007

All petitions complete, Chairman Ronald Raxter declared the regular meeting
of the Wake County Board of Adjustment for
Tuesday, September 11, 2007 adjourned at 9:25 A.M.

Respectfully Submitted:

Ronald Raxter, Chairman
Wake County Board of Adjustment