This ordinance shall become effective immediately upon its adoption, although any application that has been accepted by the Planning Staff as complete may, at the applicant’s discretion, continue to be processed under the existing regulations.
CONTINUATION OF PUBLIC HEARING
ON ORDINANCE AMENDMENT OA 05/13
TO REPEAL THE EXISTING WAKE COUNTY ZONING ORDINANCE
(WITH THE EXCEPTION OF THE HIGHWAY DISTRICT PROVISIONS OF
ARTICLE 1-1-41), REPEAL THE EXISTING PARTIAL WAKE COUNTY UNIFIED DEVELOPMENT ORDINANCE, AND ADOPT THE BALANCE OF
THE UNIFIED DEVELOPMENT ORDINANCE
Chairman Gurley announced the continuation of a public hearing to consider an amendment to the Wake County Zoning Ordinance, to adopt the Unified Development Ordinance.
At the April 3, 2006, meeting of the Board of Commissioners, a public hearing was held to adopt this amendment. However, the Home Occupations ordinance amendment was not finalized and the Board continued the public hearing until today’s meeting. In a previous action during today’s meeting, the Board adopted the Home Occupation ordinance amendment.
Ms. Melanie Wilson, Wake County Planning Director, was recognized for introductory remarks. She stated that a principal objective of the UDO is to create a more user-friendly document that consolidates all of the various regulations that govern development in Wake County into one unified document supplemented with tables, charts and other graphics to help convey the meaning and intent of the ordinance provisions.
The proposed ordinance amendment contains the complete Unified Development Ordinance, which includes the following components:
1. A reformatting and technical cleanup of the existing Wake County Zoning Ordinance.
2. The 23 ordinance amendments, including the UDO Subdivision Module.
3. Revisions necessary to bring the County’s development regulations into compliance with recent amendments to the North Carolina General Statutes.
4. Supplemental illustrations, flowcharts and tables to create a more user-friendly document that better communicates the purpose and intention of the various ordinance provisions.
The existing Highway District (HD) regulations cannot be repealed at this time with the remainder of the current Zoning Ordinance. The conversion of the existing HD to the recently adopted Residential Highway Commercial (RHC) district requires a three-part process:
1. Adoption of the RHC district regulations (approved by the Board of Commissioners on February 6, 2006);
2. Rezoning of the existing HD zoned properties to RHC; and
3. Repeal of the HD regulations.
Additionally, Article 9, Stormwater Management, is being developed by a separate stakeholders group that is coordinated by Wake County’s Department of Environmental Services. This proposed ordinance amendment is scheduled to be presented to the Board of Commissioners on May 15, 2006. This ordinance amendment will require the modification of some stormwater related sections of the UDO such as including references to the State's Neuse River riparian buffer regulations and the Swift Creek Land Management Plan. Furthermore, the State of North Carolina has recently adopted a new Model Floodplain Ordinance that must be incorporated into the UDO. This proposed ordinance amendment is scheduled to be presented to the Board of Commissioners on May 1, 2006.
The Chairman declared the meeting open for the continuation of the hearing and announced that anyone desiring to comment would be heard at this time.
There were no comments in support of or in opposition to the proposed amendment.
Chairman Gurley then called for the recommendation of the Planning Board and Planning staff.
Mr. Mason Williams, Chairman of the Wake County Planning Board, reported that the Planning Board recommends the Board of Commissioners approve the proposed amendment as presented.
Planning staff recommends that the Board of Commissioners approved the proposed ordinance amendment as presented.
Thereafter, at the conclusion of the public hearing, Chairman Gurley declared the hearing closed and invited action by the Board.
Upon motion of Commissioner Ward, seconded by Commissioner Webb, the Board unanimously approved the adoption of an ordinance amending the Wake County Code of Ordinances by Repealing the Existing Wake County Zoning Ordinance.
A RESOLUTION INTRODUCING AN ORDINANCE
TO REPEAL THE EXISTING WAKE COUNTY ZONING ORDINANCE
(WITH THE EXCEPTION OF THE HIGHWAY ISTRICT PROVISIONS OF
ARTICLE 1-1-41), REPEAL THE EXISTING PARTIAL
WAKE COUNTY UNIFIED DEVELOLPMENT ORDINANCE (UDO),
AND ADOPT THE BALANCE OF THE UDO (INCLUDING THE PROVISIONS
ORDINANCE AMENDING HOME OCCUPATIONS).
Whereas, the proposed ordinance would advance the goal of consolidating development regulations into one user-friendly document;
WHEREAS, the proposed ordinance would address evolving trends, methodologies and philosophies in planning and development;
Whereas, the proposed ordinance would implement the land use and environmental policies and standards associated with growth;
WHEREAS, the proposed ordinance would protect the health, safety and welfare of Wake County citizens;
WHEREAS, the proposed ordinance would align certain regulations with the North Carolina General Statutes;
WHEREAS, the proposed ordinance would codify existing staff interpretations and policies regarding land use regulations;
WHEREAS, the Planning Board held a public meeting on February 15, 2006 to discuss the proposed ordinance amendment, and voted 7 to 0 to recommend that the Board of Commissioners approve the ordinance amendment;
WHEREAS, the Board of Commissioners held a duly advertised public hearing on March 20, 2006 to consider the proposed amendment;
NOW, THEREFORE, BE IT ORDAINED BY THE WAKE COUNTY BOARD OF COMMISSIONERS:
OA 05/13 A
AN Ordinance Amending the Wake County Code of ordinances by repealing the existing wake county Zoning ordinance (with the exception of the higway district provisions of article 1-1-41), repealing the existing Partial wake county Unified development ordinance (UDO) in its entirety, and adopting the attached Complete UDO (including the provisions of ordinance amendment home OCcupations)
The existing Wake County Zoning Ordinance (with the exception of the Highway District provisions of Article 1-1-41) is hereby repealed in its entirety.
The existing partial Wake County Unified Development Ordinance is hereby repealed in its entirety.
The Wake County Code of Ordinances is hereby amended by adding the attached Complete Unified Development Ordinance (including the provisions of Ordinance Amendment OA 05/09 Home Occupations).
This amendment shall become effective immediately after its adoption, however any proposed plan or permit for which a complete application has been accepted by the Wake County Planning Department prior to the adoption of this amendment, shall be exempt from the requirements of this amendment.
PUBLIC HEARING ON THE ALLOCATION FROM THE NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION FOR THE
RURAL OPERATING ASSISTANCE PROGRAM
Chairman Gurley announced a public hearing on the allocation from the North Carolina Department of Transportation to the Rural Operating Assistance Program, duly advertised for Monday, April 17, 2006, at 2:00 p.m. in Room 700 of the Wake County Courthouse, Raleigh, North Carolina.
Mr. Don Willis, Transportation Director, Wake County Human Services, reported that the Wake County Coordinated Transportation System provides transportation to dependent citizens so that they can have access to health care and other County services. The system is funded by federal and state grants and is supplemented by user fees. The grant funding-source (NCDOT) requires that the County Commissioners approve the application for allocation of these funds. The Wake County Transportation Advisory Board, appointed by the County Manager, will meet on April 11, 2006 to recommend approval of this grant request.
One of the programs within the system is the Rural Operating Assistance Program (ROAP). The ROAP funds provided to Wake County are intended to provide additional transportation services exceeding those trips provided for by local and other public assistance funds. Funds for the elderly and disabled will be allocated to public and nonprofit agencies that make requests for funding and show a need for transportation assistance beyond their ordinary budgetary means. The North Carolina Department of Transportation allocated $170,984 for the purpose of providing transportation to the elderly and disabled; $35,904 for work first participants; and $153,732 for the rural public, which requires a 10% match. This match is covered through user fees.
ROAP fills a gap in the area’s public transportation network, giving equal access to rural citizens who are not covered by the Capital Area Transportation system (CAT) nor by the Triangle Transit Authority (TTA). The Wake County Transportation Advisory Board recommends approval of the grant request.
Following the introduction, Chairman Gurley declared the hearing open and announced that anyone desiring to comment would be heard at this time.
There being no comments in support of or in opposition to the Program, Chairman Gurley declared the hearing closed.
The Chairman then announced that the item will be on the May 1, 2006 Board of Commissioners agenda for approval of the grant request.
TRIANGLE REGIONAL TRANSPORTATION DEVELOPMENT PLAN
The Triangle Regional Transportation Development Plan was undertaken in partnership with the North Carolina Department of Transportation (NCDOT), Public Transportation Division, and Wake, Durham, and Orange Counties with the intent to assess the potential for these three counties to better coordinate and/or consolidate services. The study was divided into two parts: a feasibility study to identify options for coordination and/or consolidation, and a transition and implementation study to provide more detailed information on the options.
Based on the information from the feasibility study, NCDOT believes the consolidation concept has enough merit to warrant further study. So they have agreed to prepare and fund a Transition & Implementation Plan to provide additional information and address any issues still outstanding after the feasibility study. NCDOT will pay for 100 percent of the plan’s cost and Wake County is not obligated to endorse the plan’s recommendations.
County Manager David Cooke made brief comments and reported that before undertaking this next step, NCDOT has requested that the Board of Commissioners express an interest in participating in the preparation of a Transition & Implementation Plan.
Upon motion of Commissioner Bryan, seconded by Commissioner Gardner, the Board unanimously agreed to participate in the preparation of a Transition and Implementation Plan to be paid for by the North Carolina Department of Transportation.
FEASIBILITY STUDY FOR THE MERGER OF EXPLORIS AND PLAYSPACE
Exploris and Playspace are considering a merger of their operations because Playspace is over-capacity in their current location and Exploris has available capacity. Since children are the primary audience for both organizations (Playspace, birth to early elementary; Exploris, upper elementary and middle school), there is the potential to create a family entertainment destination that will capitalize on the popularity of Playspace and help deliver on the original promise of Exploris.
Pam Hartley of Exploris and Julie Paul of Playspace presented information and update on a proposed merger and a request for funding a study.
In order to further study the merger, Exploris and Playspace are requesting $70,000 from Wake County and the City of Raleigh to complete conceptual design work ($50,000) and prepare a feasibility study ($20,000). They are requesting that Wake County fund $35,000 of the total cost.
Exploris and Playspace will request an additional $35,000 from the City of Raleigh on Tuesday, April 18, 2006.
Following comments and discussion, Commissioner Bryan moved approval of the funding request of $35,000 to further study a merger of Exploris and Playspace. The motion was seconded by Commissioner Ward.
The Chairman announced the motion passed (6-1).
The vote was as follows:
Commissioner Jeffreys - nay
Commissioner Gardner - aye
Commissioner Ward - aye
Commissioner Webb - aye
Commissioner Council - aye
Commissioner Bryan - aye
Chairman Gurley - aye
REQUEST FROM WAKE COUNTY BOARD OF EDUCATION
TO REALLOCATE PLAN 2000 FUNDS
Mr. Don Haydon, Associate Superintendent of Auxiliary Services, Wake County Public School System, was recognized to present the request to reallocate Plan 2000 funds. He reported that on March 21, 2006, the Board of Education approved a Plan 2000 reallocation request of $400,000 from Plan 2000 program contingency to mobile relocations. These funds will be used for unanticipated change orders for the 2005 Crowding Solution
After this reallocation, approximately $1.5 million will remain in Plan 2000 Program Contingency. Because there is still activity associated with Plan 2000, namely two existing schools undergoing renovation (Enloe and Longview) and two schools in design (Knightdale Elementary and Swift Creek Elementary) as well as three minor projects in construction and 10 in design, it is prudent to place some funds under program contingency until these projects are complete. Both the Board of Education and the Board of Commissioners must approve funds transferred out of program contingency.
Upon motion of Commissioner Jeffreys, seconded by Commissioner Webb, the Board unanimously approved the request from the Board of Education to reallocate Plan 2000 funds.
REALLOCATE FUNDS FOR PLAN 2000 SCHOOL CAPITAL PROJECTS
WHEREAS, the Wake County Board of Education is engaged in a Long Range Building Program; and
WHEREAS, the Wake County Board of Education has duly requested, through a resolution adopted March 21, 2006, that the Board of Commissioners approve the reallocation of $400,000 from Plan 2000 program contingency to Plan 2000 Mobile Relocations.
NOW, THEREFORE, BE IT RESOLVED that the Wake County Board of Commissioners hereby reallocates funds as follows: