Is Wake Stone mining land that is not zoned for a mine? Is RDU’s Park Economy 3 on land not zoned for a commercial parking lot? What about RDU's plans to commercialize Lake Crabtree County Park?
RDU Chief Development Officer, Bill Sandifer, claims the Airport Layout Plan (ALP) is a zoning and re-zoning document but the FAA does not agree!
SEE ACTION REQUESTED TOWARDS THE END OF THIS ARTICLE
Per Wake County’s website for zoning land:
• The Highway District is basically a low-density residential district comparable to the R-30 District – but one that allows a wide range of nonresidential uses with a Special Use Permit.
• The R-40 District is intended to accommodate low-density residential development, as either single-family detached or attached dwellings on separate lots.
• R-30 zoning is the prevailing zoning classification within the County's jurisdiction. It is intended to accommodate low-density residential development, as either single-family detached or attached dwellings on separate lots.
https://www.wake.gov/departments-government/planning-development-inspections/zoning-subdivision/zoning-districts
Through the Summer if 2024, the Wake County GIS website showed that:
• Odd Fellows is zoned Residential-30, Residential-40 and Highway District. (Note, the area of Odd Fellows classified as being zoned Residential-30 is the area of RDU’s border encroachment into Umstead State Park. The encroachment by RDU ad Wake Stone Corporation into Umstead State Park will be addressed separately.)
• Lake Crabtree County Park (LCCP) is zoned Residential-30, Residential-40 and Highway District.
• 286 West, the area where RDU clear cut and leveled for the Park Economy 3 expansion is zoned Residential-40.
To the best of my knowledge, mining is not allowed in any Residential or Highway District zoning AND commercial parking is not allowed in any Residential zoning. Yet, both RDU and Wake Stone are actively using these lands for purposes for which they are not zoned!
In July 2024 a hearing was held before the Wake County Board of Adjustments regarding the zoning classifications. I attended this hearing as an observer. Present were Umstead Coalition, RDU, and Wake Stone.
Bill Sandifer, RDU’s Chief Development Officer, testified that the Vision 2040 Airport Layout Plan (ALP) changed the zoning by virtue of it being approved by the FAA. In my research and review of FAA information from the 1930’s to current times, I never found any evidence or statements to say that the ALP was a zoning or re-zoning document. Unfortunately, the Wake County Board of Adjustments took Mr. Sandifer’s bait subsequent to his claims of being an expert in this area having worked in aviation for many, many years.
After this hearing and the poor ruling by the Wake County Planning Board, I submitted a Freedom of Information Act (FOIA) to the FAA asking for them to “send me the FAA documents that indicate that an Airport Layout Plan is a zoning and/or zoning change document” (as Mr. Sandifer had claimed). Within a few months, I received a response from the FAA indicating that “It has been determined that the FAA does not have any responsive documents available that indicate an ALP is a zoning and/or zoning change document.” So, unlike RDU’s Bill Sandifer claimed, the ALP is NOT a zoning or re-zoning document!
In addition, Mr. Sandifer, claimed that RDU has full zoning rights over Airport-managed property, meaning that RDU can not only zone for height restrictions, they can zone for land use. If that is the case, that RDU can zone for land use, then RDU has to follow the legal process as dictated in Chapter 160D of the North Carolina General Statutes. These laws and rules require public notice, public hearing, etc. for zoning and re-zoning of land use. RDU has not done any of this. RDU has not followed the legal process to zone or re-zone the land in the established Forested Recreation District that includes Odd Fellows, 286, and Lake Crabtree County Park.
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/ByChapter/Chapter_160D.html
https://www.sog.unc.edu/resources/microsites/planning-and-development-regulation/ch-160d-2019
Based on the FAA’s information, Wake Stone is mining on land not zoned for mining and RDU built a commercial parking lot on land not zoned for such.
Reminder, all of this land has been planned (via public planning money) for forested conservation for decades AND RDU blocked the ability of the State and Wake County to acquire these lands as planned. In addition, these lands are mostly OUTSIDE of RDU’s 55 db noise corridor.
All of this land is in Wake County and Wake County is part owner of RDU. Wake County Commissioners have the responsibility and power to intervene in this zoning and land use issue. As mentioned in other articles, for 90+ years, public plans made using public money have called for these lands to be used for forested conservation and recreation. That is a lot of public money going to waste if this unapproved land use change continues. If the land use is to change, the legal public process must be followed! We the people have to follow legal NC zoning processes. So should RDU and Wake Stone.
ACTION TO TAKE: Please contact the Wake County Commissioners and tell them to enforce the North Carolina and Wake County zoning laws and rules! Tell them that RDU’s Airport Layout Plan is NOT a zoning or re-zoning document and to make RDU follow the legal zoning and re-zoning process. Tell them to use the land as our public money has dictated – for forested conservation and recreation. Please tell them that immediate action is needed as Wake Stone is actively clear-cutting residential land for a mine!
Wake County Commissioners (first 6) and Wake County Clerks to Board (last 2)
don.mial@wakegov.com; Cheryl.stallings@wakegov.com; Susan.Evans@wakegov.com; Tara.waters@wakegov.com; Shinica.Thomas@wakegov.com; Vickie.Adamson@wakegov.com; yvonne.gilyard@wake.gov; toni.womack@wake.gov
Or to use Wake County’s comment submission form:
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While you are at it, please also remind the Wake County Commissioners that they previously supported “The Conservation Fund's request to purchase the "Odd Fellows/Crabtree Creek" property from the Raleigh-Durham Airport Authority to expand Umstead State Park…” One reason for this sale is that the RDU-Wake Stone quarry “…. will create … a long-term liability for the Authority” and for the County as, once Wake Stone completes mining activities, since the land is deeded to the public, all liability for the pit will belong to both the Authority and Wake County. RDU has not accounted for the liability post Wake Stone’s mining operations in their planning!
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Here are a few pictures to remind you as to how remote these lands are to RDU and that a great compromise plan was proposed in 2017. If RDU really wants to be a good neighbor and a good part of the community and State, they should follow this compromise plan.
Disclaimer: I am an independent researcher. The information presented above is what I have found through publicly available records and my opinions formed from these records. I seek the truth, so if you see any errors or have additional input, please let me know.