This article was written when I thought that the Odd Fellows Tract was under Wake County’s Zoning Jurisdiction. On the Wake County Uniform Development Ordinance on page 53, there is a statement that indicates that it may be under RDU Airport Authority’s Zoning District.
Article 3 Zoning Districts 3–50 AD-1 and AD-2, Airport Districts
No specific general statues are included in their commentary, so it is difficult to understand whether this refers to all land within the zoning district, or all land within the Raleigh-Durham International Airport. Does this include the Odd Fellows Tract?
http://www.wakegov.com/planning/zoning/Documents/adoptedordinance.pdf
If the Odd Fellows Tract were under the jurisdiction of Wake County, expanding the Wake Stone Quarry into the Odd Fellows Tract appears to be allowed, as it is an expansion of an existing quarry. However, there are a number of protections for properties adjacent to industrial sites (such as minimum buffer widths), that would be required of the applicant if the property is in Wake County Jurisdiction.
If it were a new quarry, it would be prohibited on the section of the parcel that is zoned R-40.
Here is an excerpt of the above document:
Board of Commissioners
Therefore, the Board of Commissioners concludes that extraction of mineral resources should be encouraged; that the fundamental purposes and procedures of zoning would be served best by adoption of general regulations governing mining, which apply to all use-specific districts; that the Board of Adjustment should consider each location proposed to be mined to determine whether, and under what conditions or safeguards, they should authorize mining by the issuance of special use permits.
Mining may occur in any Wake County zoning district except R-80W, R-40W, WSO-2NC, WSO-3CA, WSO-3NC, and WSO-4P districts, where this use is prohibited, subject to the terms and conditions of this section and Sec. 19–23.
This does not apply to the continuing operations and expansion of existing legally permitted facilities.
Mining for special materials, however, may occur as a temporary special use in R-80W, R-40W, WSO-2NC, WSO-3CA, WSO-3NC, and WSO-4P districts subject to the terms and conditions of Sec. 19–23–8. To aid in the interpretation of the word “harmony” in Sec. 19–23–8(D), the following guidelines must be used:
(1)the operation will not constitute a substantial physical hazard to a neighboring residence, school, church, hospital, commercial, or industrial building, public road, or public property;
(2)the operation will not have a significantly adverse effect on the purposes of a publicly owned park, forest, or recreation area;
(3)the operation will not have an adverse effect on public, community, or private water supplies, surface or ground waters, including but not limited to water supply watershed areas as designated in the Wake County Land Use Plan; and
(4)a special use permit will automatically expire if, at any time after its issuance, the State mining permit is revoked or terminated.
4–48–9 Prior Mining Operations
Mining operations conducted in I-2 districts prior to November 17, 1980, will be allowed to continue as nonconforming uses after that date. “Mining operations,” for purposes of this section, are defined as those in operation or for which an application for a mining permit has been made to the North Carolina Department of Environment and Natural Resources, or successor agency.
Zoning classification Map:
Odd Fellows Parcel is partially zoned Highway District, with the section closest to the Dunn’s is zoned R-40. To operate a mine on this portion of the Odd Fellows Tract would be prohibited if not for this being an expansion of an existing mine. The other question is what good is Highway District zoning for the future expansion or widening of I-40 if it has been mined to 400 feet down?
What were the conditions for the special use permit from Wake County for Wake Stone to operate, have there been any violations of these conditions, and are the special use permit conditions protective of Umstead State Park and the R-40 neighbor next door (Dunn Property), or should they be strengthened? Is there a process to review the special use conditions given that the quarry is expanding onto RDUAA authority property?
The Special Permits issues from Wake County are available at the following site: http://www.wakegov.com/planning/zoning/Pages/sups.aspx
I couldn’t find a special use permit for the existing quarry, but I did find a special use permit application that was submitted for a different location by Hanson Aggregates. http://www.wakegov.com/planning/zoning/Documents/sup/BA%20SU%202076%2007.pdf
Article 19 Review and Approval Procedures
19–23 Special Use
19–23–8 Conclusions Required for Approval
The Board of Adjustment may not approve an application 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 presented at the hearing. The considerations listed below each required conclusion are intended to suggest some of the primary concerns pertinent to reaching the conclusion, but are not intended to be all-inclusive. (A) The proposed development will not materially endanger the public health or safety. Considerations:(1)traffic conditions in the vicinity, including the effect of additional traffic on streets and street intersections, and sight lines at street intersection and curb cuts;(2)provision of services and utilities, including sewer, water, electrical, garbage collections, fire protection;(3)soil erosion and sedimentation; and(4)protection of public, community, or private water supplies, including possible adverse effects on surface waters or groundwater.
Commentary: Under authority granted by state statutes, the Raleigh-Durham Airport Authority exercises exclusive zoning authority over all lands within the Raleigh-Durham International Airport.
(I need a reference for this, and if RDUAA has been granted that authority, what are the requirements for rezoning public hearings?)
