Minutes of Board of Adjustment Meeting

Transcription

1 Minutes of Board of Adjustment Meeting Carolyn D Locklear on 01/08/2001 at 08:55 AM Category: Board of Adjustment Minutes -19- WAKE COUNTY BOARD OF ADJUSTMENT REGULAR MEETING DECEMBER 12, 2000 The regular meeting of the Wake County Board of Adjustment was held on Tuesday, December 12, 2000, at 9:00 AM, in the Wake County Courthouse, Raleigh, North Carolina. Members of the Board present: Chairman Jack Alphin, Mr. John Grace, Mr. Art Odom, Mr. Ronald Raxter, Ms. Genevieve Sims, and Mr. John Szeker. Petitioners present: Mr. Lacy Reaves, Attorney, representing Material Reclamation LLC. Attorney present: Mr. Scott Warren. Staff present: Mrs. Melinda Clark, Mr. Mike Coughlin, and Mrs. Carolyn Locklear. IN RE MINUTES Chairman Jack Alphin called the meeting to order and asked if there were any additions or corrections to the minutes for November 14, Mr. John Grace made the motion that the minutes be approved as submitted. Mr. John Szeker seconded the motion. All members present voted aye. The minutes were adopted as submitted. For the record, staff members Mrs. Melinda Clark, Mr. Mike Coughlin, and Mr. Grant Gale and Board members Chairman Jack Alphin, Mr. John Grace, Ms. Constance Ludwig and Mr. John Szeker were on the site tour on Monday, December 11, Mrs. Melinda Clark and Mr. Mike Coughlin were sworn to present testimony for the staff.

2 Item No. 3 heard at the regular meeting of the Wake County Board of Adjustment held on Tuesday, December 12, 2000, was for a special use approval, Petition No BA SU The petitioner is Materials Recovery, LLC and the landowners are Ashley Turner Enterprise, William Ashley Turner, and Debra C. Turner. The following members of the Board of Adjustment heard and decided this application: Chairman Jack Alphin, Mr. Art Odom, Mr. Ronald Raxter, Ms. Genevieve Sims, and Mr. John Szeker. In this case the petitioner requests a special use approval to construct and operate a Construction and Demolition Debris (C&D) landfill and a materials reclamation collection facility. The site is located on Brownfield Road in the St. Mary s Township, zoned Residential 30, and consists of 209 acres. The following staff member presented factual background in this case: Mrs. Melinda Clark. Mr. Lacy Reaves, Mr. Leonard Joyce, Mr. Neil Gustafson, and Mr. Mike Horne appeared in support of the petition. Mr. Jerry Branch, Mr. Sam Ellis, State Representative for the neighborhood; Ms. Phyllis Rush, Mr. Roy Rover, Mr. Douglas Atwood, Mr. Gary Gupton, Mr. William R. Pittman, Mr. Carlton Midgett appeared in opposition of the petition. The above-named persons who presented testimony and evidence were properly sworn. SYNOPSIS OF TESTIMONY AND EVIDENCE PRESENTED Documented Evidence: Application, site plan, maps, various exhibits, and video. Mrs. Melinda Clark, Land Development Administrator, stated the property is located on the southwest side of Brownfield Road approximately 100 feet north of its intersection with Old Baucom Road within the St Mary s Township. The landfill will contain two landfill cell sites. Types of waste that are allowed within construction debris and demolition landfills include: asbestos, inert debris similar to types deposited in LCID landfills, asphalt, solid waste resulting from construction, remodeling, repair, or

3 demolition operations on pavement, buildings, or other structures (such as furniture, carpet remnants, and any other waste material resulting from the demolition of a structure). The operations and maintenance plans and specifications for the C & D portion of this landfill property are reviewed, permitted and inspected by the North Carolina Division of Waste Management. Access is proposed to be from one driveway located on the west side of Brownfield Road approximately 3700 north of its intersection with Old Baucom Road and approximately 1315 south of its intersection with Battle Bridge. Old Baucom and Brownfield Roads are paved. Battle Bridge Road is currently unpaved. The submitted preliminary site plan appears to satisfy all the applicable zoning regulations concerning this use. The plan includes the 50-foot wide transitional bufferyard, with type A opaque screening, as required according to Section , Table 1, as the landfill is considered a low intensity nonresidential use. The surrounding land uses are low density residential and zoned R-30. The petitioner will have to provide an additional undisturbed buffer around the existing buffer as required by the NC Division of Solid Waste Management for purposes of protecting water quality at C&D landfills. The anticipated additional traffic will be fifty (50) ten-wheel trucks and ten (10) eighteen wheel trucks. Brownfield Road has an average daily traffic volume of approximately 150 vehicles. The proposed landfill will create approximately 160 additional vehicle trips per day (80in/80 out) onto Brownfield Road. The level of service with the projected increase in traffic will remain at a LOS A on Brownfield Road. The average daily traffic on Old Baucom Road is approximately 1500 vehicles and currently operates at a LOS A. The level of service will remain A with the proposed increased traffic from the landfill. The petitioner will provide personnel to inspect the entire length of Brownfield Road to pick up wind-blown debris and litter from trucks using the proposed facility during operating hours. Old Baucom Road and Battle Bridge Road will be inspected for a length of approximately ½ mile west of their intersection with Brownfield Road for wind-blown debris during operational hours. The hours of operation are limited to from

4 7:00 a.m. to 7:00 p.m. Monday through Saturday, except that the hours of operation may be extended when the Director of Wake County Community Services certifies that sanitation conditions require an extension of operating hours. Materials contained in trucks entering the landfill will be sorted and separated with all reclaimable materials (i.e. wood, cardboard, ferrous and non-ferrous, concrete, drywall, sheetrock, plastic, vinyl, brick, dirt, and cardboard) being taken to the reclamation facility in Raleigh. The remaining materials (i.e. roofing, carpet and carpet padding, insulation, and Styrofoam) will be deposited in the landfill. Using the reclamation process, the anticipated lifetime of the proposed landfill is years. Once the landfill is closed, the site will be used for open space and outdoor recreation uses (i.e. walking paths, hiking trails, mountain bike trails). The site is located within the Long-Range Urban Services Area (LRUSA) associated with the City of Raleigh, and the East Raleigh Knightdale Area. The proposed construction and demolition debris landfill and material reclamation facility use is consistent with the Land Use Plan. Notification letters to adjoining property owners were mailed November 20, A public hearing placard was placed on the subject site November 20, Mr. Lacy Reaves, Attorney, representing Material Recovery, LLC, P O Box 1070, Raleigh, NC, testified that following his testimony the Board would hear the testimony of Mr. Leonard Joyce, President of Joyce Engineering, Inc., who is a licensed engineer and has specialized in matters related to the disposition and handling of waste materials. Mr. Reaves stated that following Mr. Joyce, Mr. Gustafson would testify who is a MAI Appraiser, followed by Mr. Mike Horne, a licensed civil engineer, who will testify with regards to the transportation issues. Mr. Reaves stated that that the property is located on the west side of Brownfield Road with its intersection with Old Baucom and Battlebridge Roads. Mr. Reaves stated that the roads have minimal traffic and are adequate to handle the vehicular traffic that will be generated by this proposed facility. Mr. Reaves stated that in coordination with NCDOT the roads would be strengthened at

5 the expense of the petitioner when deemed necessary. Mr. Reaves stated that this property is in a very rural area of the county and is accessible from US 70 and I-40 via Auburn Knightdale and Rock Quarry Roads. Mr. Reaves stated that property is bounded by the City s Waster Water Treatment Plant on the north and a small subdivision to the west. Mr. Reaves stated that vacant property is on the south of the property and to the east across Brownfield. Mr. Reaves stated the applicant has contracted to purchase two residential properties immediately to the west and these parcels will provide excellent additional berming and buffering capacity to the proposed site. Mr. Reaves stated that the area is very heavily impacted by the waste water treatment facility which joins the proposed site on the north side. Mr. Reaves stated that at the intersection of Brownfield and Battlebridge Roads are the City of Raleigh s Police Department Firing Range and Automotive Driver Training facility. Mr. Reaves stated that thousands of acres in the vicinity of the proposed property are used by the City of Raleigh for the disposition of sewage sludge from the treatment plant. Mr. Reaves stated that the current applicant s proposed property has leased a portion of the site to the City of Raleigh for the spread of sewage sludge but this activity will come to an end if the Special Use Permit is approved. Mr. Reaves stated that the applicant in this case and its affiliate, Material Reclamation LLC also based here in Raleigh, are involved in the business of reclaiming construction and demolition material for reuse. Mr. Reaves stated they currently operate a facility on Raleigh View Road in Southeast Raleigh where construction and demolition material is deposited, processed, and approximately 70% of the material reclaimed for reuse. Mr. Reaves stated the reclamation process reclaims wood, metal, cardboard, plastic, vinyl, brick and concrete products for reuse and thus substantially reduces the amount of waste which ultimately must be land filled in the community. Mr. Reaves stated the facility that is being proposed will serve two purposes; first, construction and demolition materials received from third parties will be physically inspected and reclaimable materials transported back to the Raleigh View facility for processing and reuse; the second purpose of the facility will be to serve as a construction and demolition landfill for nonreclaimable materials of the construction and demolition nature. Mr. Reaves stated that a portion of these

6 materials would be generated by the Raleigh View facility. Mr. Reaves stated that since all the materials deposited into the landfill will be physically inspected there is little, if any, chance that undesirable material will ultimately be deposited in the landfill. Mr. Reaves stated that the only material going into the facility will be that which has been fully processed at the Raleigh View facility or third party material inspected and hand sorted prior to disposition into the landfill. Mr. Reaves stated that in addition the applicant will have a strike policy of refusing to accept any material that contains asbestos. Mr. Reaves stated that the facility will serve Wake and Johnston Counties and possibly Chatham, Orange, and Durham Counties. Mr. Reaves stated that Mr. Juan Carroll, Mr. Chris Roof, and Mr. Norbert Hector all who have had years of experience in the landfill business and in the construction industry will manage the facility. Mr. Reaves stated the facility will operate from 7:00 AM to 5:30 PM on weekdays and reduced hours from 8:30 AM to 2:00 PM on Saturday. Mr. Reaves stated that on a daily basis the facilities personnel will police the roads in the area and clean up all roads. Mr. Reaves stated that the useful life of the proposed landfill is between years. Mr. Reaves stated that when the facility is closed it will be reclaimed in accordance with State regulations and used for recreational purposes. Mr. Reaves stated that he feels the proposed use satisfies the five County criteria for the issuance of a Special Use Permit. Mr. Reaves stated that the use of the property would only generate 10 vehicular trips per hour and the facility is well served by safe public roads and vehicular traffic associated with the facility will be widely dispersed. Mr. Reaves stated that current traffic on the roads is minimal and there are no bridges in the vicinity that would not properly accommodate the truck traffic associated with the facility. Mr. Reaves stated that unlike the Waste Treatment Facility and the nearby sludge field, the proposed use would generate no odor. Mr. Reaves stated that dust will be minimal and there will be extensive buffering on the facility. Mr. Reaves stated that more than 200,000 tons of construction and demolition material were deposited last year in the County s two construction and demolition landfills. Mr. Reaves stated that it was advised by the County s Solid Waste Management staff that one of those landfills, Feltonsville, will be filled to capacity in the year Mr. Reaves stated that the second landfill will be full

7 in Mr. Reaves stated that there is a new construction and demolition landfill being planned at the North Wake site, it is only anticipated to have a useful life of 7 12 months. Mr. Reaves stated that two additional small, private landfill facilities have been issued permits by the County but are not yet fully permitted by the State of North Carolina and both are under 50 acres in size and will have a significantly shorter useful life than that proposed today. Mr. Reaves met with Mr. Tim Clark and Mr. Stephen Sizemore, Wake County Planning Department staff earlier in the year and confirmed that the use proposed is not inconsistent with the Land Use Plan for Wake County. Mr. Leonard Joyce, President of Joyce Engineering, 4549 Little Ridge Lane, Chesterfield, VA, testified that he was a Registered Professional Engineer and present to speak about the technical aspects of the proposed project. Mr. Joyce presented a PowerPoint presentation on how the facility may be operated and site features. Mr. Joyce stated that there would be no municipal solid waste in the proposed landfill. Mr. Joyce stated that the landfill project is the second step of a two-step process of an Integrated Waste Management Program that Material Reclamation is implementing in Wake County. Mr. Joyce stated that the first step is a material separation/material recovery and the residual material that leaves that facility will come and be disposed of in the landfill. Mr. Joyce stated that soils on the site range from shallow up to about 40 feet deep and they are typically sandy loams/loamy sands materials and there are no community water supplies within 1,000 feet of the property. Mr. Joyce stated that there are basically three drainage areas that drain into the site draining from the tributary to the Neuse. Mr. Joyce stated that a preliminary evaluation of the site features have been done and there appears to be no fatal flaws on the site that would limit or prohibit the site from being a construction and demolition debris landfill. Mr. Joyce stated that site access would be on Brownfield Road via Old Baucom Road and Rock Quarry Road also down Auburn-Knightdale Road from US 70 and I-40. Mr. Joyce stated that the post closure use of the site is anticipated to be a recreational facility with the typical uses of hiking trails, walking paths and mountain biking trails. Mr. Joyce stated finalization of the end uses will be completed once the final permit application is submitted to DEHNR. Mr. Joyce stated

8 that the type, quantity and source of materials would be C&D waste residuals from the Material Reclamation processing facility up to 250 tons per day; C&D waste from independent haulers approximately 400 tons per day with a total of 650 tons per day of inert, construction and demolition waste materials. Mr. Joyce stated there will not be any asbestos disposal allowed on this site. Mr. Joyce stated that the site will have to follow all the soil, erosion and sediment control operations required by Wake County and DEHNR. Mr. Joyce pointed out the erosion and sediment control structures will capture any run-off before the tributary to the Neuse River. Mr. Joyce stated that a ground water monitoring system is required by DEHNR. Mr. Joyce stated that the Farmdale Aces subdivision is on the western site and has maintained a 500 of buffer from the property. Mr. Joyce stated that the other buffers on the northern and southern side of the property are a 200 minimum setback from the property line to the disposal cell area. Mr. Joyce stated that around the property will be the minimum 50 bufferyard undisturbed area. Chairman Jack Alphin asked Mr. Leonard Joyce if the plan was to develop each cell concurrently or sequentially. Mr. Leonard Joyce stated each cell would be developed individually. Mr. Joyce stated that what will have typically the filling will begin back in the northern area cell, furthest away from the residential area, and as the cell is being filled it will be excavated. Mr. Joyce stated it would be incrementally built throughout the life of the site; as well as incrementally closed throughout the life of the site. Mr. Joyce stated that as the landfill comes up in the shape of a mound, some of the lower areas will be seeded and grassed and have closure. Mr. Joyce described to the Board the steps in this integrated waste management system as the waste material is being separated. Mr. Joyce stated that material would be separated mechanically and then manually by the men on site. Mr. Joyce stated that residual after the materials are sorted will be placed in the landfill and a compacted machine will come and crush/chop the waste to get it as dense as possible. Mr. Joyce stated that once it is chopped and worked down a weekly cover would be placed on it according to the regulations. Mr. Joyce stated there is an erosion sediment berm on the site with pipes leading down to some surface water structures which ultimately lead to a surface water control ditch line. Mr. Joyce stated that

9 ground water monitoring is another environmental protection feature that will be on the site which is also required by DEHNR regulations. Mr. Joyce stated there will be litter fences around the site to keep blowing litter from going off the site; a truck wash to wash the trucks off as they leave the facility; and a water truck will be on the site to wash off the roads to minimize the amount of dust from the truck activity on the site. Mr. Joyce stated that additional buffers will be planted to reduced the noise from the trucks and the site of the facility; there will be no smell associated with this type of facility; and the owner, Material Reclamation LLC, is committed to picking up litter on Old Baucom, Battle Bridge, and Brownfield Roads on a daily basis to make sure there is no impact to the local community. Mr. Joyce stated that this is just the first step in the process of developing this facility. Mr. Joyce stated that after getting Special Use Approval there needs to be a site suitability study done by DEHNR, then develop a permit to construct, submit engineered drawings of the site and get all DEHNR approvals and come back to Wake County to get the final site development approval to begin construction. Mr. Joyce stated the whole process would probably take about 1-2 years. Mr. John Grace asked Mr. Leonard Joyce if the facility will accept lead-base painted materials and if not how will it be assured that none will not get into the facility. Mr. Leonard Joyce stated the lead-base painted materials will be unacceptable and it would be the responsibility of the site operators, who have been trained, not to accept such materials. Mr. Joyce stated that North Carolina requires that the operators be trained and licensed to operate these types of facilities. Chairman Jack Alphin asked Mr. Leonard Joyce about the types of trees to be used for the additional screening. Mr. Leonard Joyce deferred that question to Mr. Mike Mullis, Landscape Architect with Kimley- Horn. Mr. Mike Mullis, 3001 Weston Parkway, Cary, NC, stated that the types of trees proposed are Leland cypress or cedar trees both of which are evergreens. Chairman Jack Alphin asked Mr. Leonard Joyce in the timeline of approvals about the strengthening and widening by DOT of the two roads. Mr. Leonard Joyce stated that he would have to defer that to Mr. Mike Horn.

10 Mr. Neil Gustafson, 2200 Wheeler Road, Raleigh, NC; stated that he works with a commercial real estate firm called Worthy & Wachtel & Associates and has been a Real Estate Broker since 1978 in the NC Triangle area. Mr. Gustafson stated that in summary the facility would not have a substantial impact on the adjacent properties. Mr. Gustafson stated that some of the assumptions made in coming to that decision is that the ground water in the area would not be affected because there is no public water in this vicinity of the County; also the run-off would be controlled and the dust would be controlled on the property. Mr. Gustafson stated that in general this area of Wake County is rural in nature with vacant land and scattered house mostly used for farming purposes. Mr. Gustafson stated that the most dominant use in the area is Raleigh s only Waste Water Sewage Treatment Plant which occupies 1,000 acres. Mr. Gustafson stated that he met with Mr. Mark Fender, Manager of the Sewage Treatment Plant, to discuss the operation of the plant. Mr. Gustafson stated there are 8 properties adjacent to the landfill site. Mr. Gustafson stated that two of the sides of the property, northern and eastern sides, are basically going to be Raleigh City properties. Mr. Gustafson stated that the two biggest concerns initially were the two houses to the west of the site but have since been purchased by the developer of the landfill to provide additional buffering to the subdivision to the west. Mr. Gustafson stated that his bigger concerns were the potential smell, visibility impact, and noise. Mr. Gustafson stated with the buffering on the adjacent properties and the time it will take to fill the landfill there would actually be no visual impact to the adjacent properties. Mr. Gustafson stated that the additional buffering, again, will minimize the distance the noise will travel. Mr. Gustafson stated that his conclusion is that the landfill will not have a substantial impact on the adjacent properties. Mr. Gustafson submitted into evidence Item #1 his report. Mr. Mike Horn, 3001 Weston Parkway, Cary, NC; testified that the estimated truck traffic on Brownfield Road would be 60 trucks in and 60 trucks out which is 120 trips a day anticipated on Brownfield Road. Mr. Horn stated there will be an additional 20 vehicular traffic trip on Brownfield Road. Mr. Horn stated that Brownfield Road currently has average traffic volume of 150 vehicles per day and anticipates an

11 additional 160 vehicle trips added to that volume. Mr. Horn stated that the existing level-of-service A would remain even with the additional traffic. Mr. Horn then addressed Chairman Jack Alphin s questions as to the improvements to Brownfield and Old Baucom Roads proposed by the applicant. Mr. Horn stated that in working with NCDOT District Engineer it was required that Brownfield and Old Baucom be strengthened by overlaying the road for the additional truck traffic. Mr. Horn stated that NCDOT would do the pavement widening to 24 feet but the applicant would be responsible for the strengthening of the entire width roadway and would have to be done before a COC could be issued to the site. Mr. Ronald Raxter asked Mr. Mike Horn about the timing of the plantings for the additional buffer. Mr. Mike Horn deferred the question to Mr. Mike Mullis. Mr. Mike Mullis stated that the time of the planting will be at the site plan approval when construction has begun. Mr. Mullis stated that what has been shown on the site plan is the berm that is along Old Baucom Road is for non-vegetated areas and there is a view from the roads it will have a 6 buffer with plantings on it. Mr. Mullis stated that any areas that are currently vegetated will be supplemented with additional vegetation to require the 50% capacity for views into the site. Mr. Mullis stated the planting of the buffers will not be staged and must be fully in place before the permit can be finalized. Mr. Lacy Reaves submitted into evidence the report of Mr. Mike Horn as Item #2 and the report (PowerPoint Presentation) of Mr. Leonard Joyce as Item #3. Mr. Reaves then began his summary by stated that everyone in the room can recognize that there is a serious problem in Wake and surrounding Counties with regard to the disposition of construction and demolition landfill. Mr. Reaves stated that problem creates a real problem for the economy and a real threat to the continued success of the economy of this portion of North Carolina. Mr. Reaves stated this would be a unique integrated process that has been used in only a few parts of the country and has not been used in our area. Mr. Reaves stated that the applicant and its affiliates, Material Recovery & Material Reclamation LLC, have stepped forward and are prepared to make an investment of millions of dollars and the bottom line of that investment is not only the provision of additional

12 construction and demolition landfill capacity but the incorporation of a process that will reduce by as much as 70% through a recycling program. Mr. Reaves stated that the five criteria set forth in the Wake County regulations are requisites for the approval of this Special Use Permit of this nature. Mr. Reaves stated that the evidence heard this morning, supplemented with the recommendation and report from the Staff, clearly supports a determination that all the five criteria have been met and is in compliance with the Land Use Plan. Ms. Genevieve Sims asked Mr. Neil Gustafson why did he believe that the residential land prices in the area near the proposed landfill do not justify purchasing the land at a price greater than what the City of Raleigh has. Mr. Gustafson stated that basically the prices in this part of the County are not higher than in other parts comes down to the demand for development. Mr. Gustafson stated that the value of a piece of vacant land is to a developer, for single-family residential purposes, is what money he can generate out of the site. Mr. Gustafson stated in the Farmdale Acres subdivision there have been two lots that have been sold within the last 5 years which are about 2 ½ acres in size and sold for a price of between $12,000 - $15,000 per acre developed. Chairman Jack Alphin asked Mr. Wayne Woodlief, Manager of Solid Waste Management for the County. Chairman Alphin asked Mr. Woodlief to clarify his position with Wake County and to summarize what is available as C&D facilities in Wake County today. Mr. Wayne Woodlief, Manager of Solid Waste Management for Wake County, 9100 Woodlief Drive, Wake Forest, NC, testified that it is his duty to manage the landfills in Wake County that the County operates and permits land clearing and inert degree landfills, as well as recycling programs in Wake County. Mr. Woodlief stated that currently the Feltonsville Landfill will be full around June 2001 and the North Wake Landfill just received a permit to construct a construction and demolition landfill which will have the capacity of 85,000 tons that equates to 7-12 months worth of capacity. Mr. Woodlief stated that by the end of 2001 Wake County Government would be out of construction and demolition capacities.

13 Mr. Ronald Raxter asked Mr. Wayne Woodlief assuming that the landfill approved in Holly Springs becomes open is there still capacity for additional construction and demolition landfills given the geographic dispersion of Wake County. Mr. Wayne Woodlief stated that if they get their permit they would be able to receive waste as with the one in the eastern part of the County which received a franchise several months ago. Ms. Genevieve Sims asked Mr. Wayne Woodlief is there a need for another construction and demolition landfill. Mr. Wayne Woodlief stated that he is not prepared to make that determination and can t. Mr. Woodlief stated that what he would say is that there were over 400,000 tons of construction and demolition waste generated in Wake County last fiscal year. Mr. Woodlief stated the County landfills received approximately 300,000 tons of that but they will be full by the end of calendar year 2001 so there is more than 100,000 plus tons of construction and demolition waste that will go somewhere. Mr. Lacy Reaves asked Chairman Jack Alphin to have Mr. Wayne Woodlief comment on if there is a substantial public need for the facility that is being proposed. Mr. Wayne Woodlief stated that he could not address that directly but as he fore-stated there is 400,000 tons plus being generated in the County and it will go somewhere. Mr. Woodlief stated that whether the two that have been permitted previously will satisfy the 400,000 tons being generated, he wouldn t know. Mr. Ronald Raxter asked Mr. Wayne Woodlief what procedures does the County follow in ensuring whether or not lead-base paint gets into the landfill. Mr. Wayne Woodlief stated that the County does a screening of the waste that comes in by certified operators. Mr. Woodlief stated that if the operator sees something that appears to be inappropriate then they stop and require the person that is disposing it to take it out and take it with them. Mr. Woodlief stated that if it is detected after the customer leaves then the County takes care of the proper disposal of it and bills the individuals that brought it in. Mr. Woodlief stated that waste screening is required by the State. Mr. Woodlief stated there is a chemical test that can be performed to determine if a piece of material has lead-base paint.

14 Mr. Jerry Branch, Rt. 2, 2400 Branch Road, Raleigh, NC; Mr. Sam Ellis, State Representative, 4237 Hopkins Chapel Road, Zebulon, NC; Ms. Phyllis Rush, 103 N. Bend Road, Knightdale, NC; Mr. Ray Rover, 7011 Farmdale Road, Raleigh, NC; Mr. Douglas Atwood, 4625 Auburn-Knightdale Road, Raleigh, NC; Mr. Gary Gupton, 7018 Farmdale Road, Raleigh, NC; Mr. William R. Pittman, 3708 La Costa Way, Raleigh, NC; Mr. Carlton Midgett, Carolina Realty, P O Box 1550, Raleigh, NC; and Ms. Sally Nobel, 7023 Farmdale Road, Raleigh, NC, spoke in opposition of the petition. They expressed the opinion that the proposed development will have a negative affect on the property value, the facility will be visible no matter how high the trees, pollution, noise, environmental and economic distress factors, the acceptance of treated and leadbase painted materials, traffic, impact of dust from incoming traffic on Battle Bridge Road, impact it would have on the Raleigh Sewage Plant, run-off to the Neuse River, no requirements for liners, there already exists 7 private LCID landfills and 247 acres of C&D disposal landfill with a life expectancy of years, not Wake County s responsibility to accept waste from surrounding counties, and the proposed site may be historical in nature due to a civil war battle being fought near the proposed site. Should the landfill be approved some of the conditions the neighbors would like to see in place are an additional 20 berm and an 100% visual opaque landscape screen along the east, south and west sides of the facility, an addition of a privacy fence surrounding the complete property located at the highest point of the buffer berm, transitional buffers to be changed from low-intensity to high-intensity along areas adjacent to residential and public highways, install plantings to meet the requirements of transitional bufferyard in open areas along residential and public highways in addition to the proposed transitional buffer to provide screening during the impact phase which is 40 years and to enhance more of a park like atmosphere upon closure, berms within the transitional buffers to have a height of feet or greater, lower existing posted speed-limits within 1.25 miles of the property for truck traffic by 10 MPH to decrease noise and solid waste pollution, provide additional signage and truck turn-around on Branch Road for displaced drivers, extend policing of public highway trash to include daily pick-up one mile east on Old Baucom, one mile west on Old Baucom and the

15 entire length of Battle Bridge Road, ensure existing water quality of private wells within a one mile radius of proposed site, pay for yearly testing of such wells and pay for all corrective measurements should the water quality diminish below State levels for safe drinking water, adjacent land parcels owned by the developer and associates are limited to no further commercial development, limit the height of the debris pile not to exceed 50 above the existing grade, and during the construction phase work hours are limited to operation hours of the landfill and accept no third party loads. Mr. Jerry Eatman, Attorney, representing Mr. & Mrs. Benton, 3625 Laurel Hill Road, Raleigh, NC; testified that his clients own the 62.5 acres property immediately adjacent to the proposed site. Mr. Eatman had Mr. Bob Hornet come forward. Mr. Bob Hornet, Attorney, 1829 East Franklin Street, Chapel Hill, NC, testified that he represents Shotwell Landfill and on November 29th DEHNR issued a draft permit for the C&D operations of the facility which lies about five miles from the proposed site. Mr. Hornet stated that it is expected to have a final permit to operate and construct the C&D landfill by early January Mr. Hornet stated that it will have 17 acres for the C&D portion with a life expectancy of 15 years. Mr. Eatman stated that this site has a harmony issue of allowing a landfill in the middle of a historically significant parcel of land. Mr. Eatman stated that as far as the need goes, 250 tons of the waste will be coming from the Raleigh Reclamation Facility and 400 tons will be coming from third parties. Mr. Eatman asked if it was a need for Wake County or the surrounding counties. Mr. Eatman asked he could play a tape that was videoed approximately 700 feet away from operating equipment at the Raleigh landfill with sound to demonstrate the noise impact the facility would have on the surrounding properties. Mr. Lacy Reaves objected to the tape because no evidence was presented as to the condition and where the tape was made and that the Raleigh landfill is a MSW garbage facility. Chairman Jack Alphin to clarify the staff s position on the issue of consistency with the Land Use Plan and Mr. Sizemore s memo. Mrs. Melinda Clark, Land Development Administrator, stated that the Land Use Plan is silent on the issue of landfills and she believes that landfills are consistent.

16 Chairman Jack Alphin asked Mr. Scott Warren, Assistant County Attorney, his advice as to accepting the video for evidence. Mr. Scott Warren stated that the tape s relevancy is a concern and he thinks that the objection by Mr. Reaves is valid. Chairman Alphin stated that based on counsel s advice the tape would not be allowed. Mr. Jerry Eatman stated that for the record he objects to the exclusion. Mr. Eatman stated that in reference to the hours of operations, would the work cease immediately at 5:30 PM or just stop accepting materials. Mr. Eatman stated that the Bentons live in Wilson, NC and their property is vacant land. In rebuttal, Mr. Lacy Reaves stated that with regards to the historical significances, Wake County did make an inquiry with regard to the historical significances of the property and only one piece was noted which was a farm house. Mr. Reaves stated that it was later determined that the house was struck by lightning and it was severely damaged and removed several years ago by a subsequent property owner. Mr. Reaves stated in regard to Battle Bridge Road, there is no mention of Battle Bridge Road in the petition at all because there is no proposal of any of the trucks to use Battle Bridge Road because it is not paved and NCDOT intends to post it NO TRUCK TRAFFIC. Mr. Reaves stated that the facility will primarily serve Wake County and Johnston County and that it is ideally situated to serve that primary area of demand. Mr. Reaves stated that there has already been a proposal made to repair any damage to Farmdale Road resulting from installation of berms and plantings being proposed to the facility. Mr. Reaves stated that full operation will shut down immediately at 5:30 PM every evening and there will be no reclamation equipment at the facility. Mr. Joyce Leonard addressed the issue of lead-base painted materials as well as treated lumber. Mr. Leonard stated that the current DEHNR regulations do not prohibit the disposal of that type of material in the facility but the applicant will pull out all of those painted woods from the facility before they would be disposed of in the landfill. Mr. Leonard addressed Mr. Ellis comment about the monitoring wells and stated that what happens on the site is that the monitoring wells are designed and installed so that if there are any

17 change in quality of the ground water at the facility the monitoring wells would be able to determine any trends or changes in the ground water conditions from the disposal activities long before it got to the property lines. Mr. Mike Horn addressed the issue of using Battle Bridge Road and the strengthening of Old Baucom and Brownfield Road. Mr. Horn stated that Battle Bridge Road would not be used per NCDOT and there is an agreement in place to strengthen Old Baucom and Brownfield Roads and that the impact to Rock Quarry is insufficient. FINDING OF FACTS, CONCLUSIONS OF LAW AND ORDER OF THE BOARD Based on the testimony and evidence presented at the hearing, the Board of Adjustment found the following facts: (1) The proposed use is allowed in the zoning district where it is proposed to be located. The zoning district is Residential 30 and the use is permitted by Section of the Wake County Zoning Ordinance. (2) The use will not materially endanger the public health or safety if located where proposed and developed, based on evidence presented concerning traffic, services and utilities, soil erosion and sedimentation, and protection of water supplies. (3) The proposed special use will comply with all of the regulations that apply to all general and special uses within the district in which the property is located. (4) The proposed special use will comply with all standards expressly applied by the code to this type of special use. (5) The use will not substantially injure the value of adjoining or abutting property, and that if the use is developed according to the plan as submitted, and approved, will be in harmony with the area in which it is to be located, based on the considerations such as the relationship of the proposed use and the character of surrounding area and conformance with the Wake County Land Use Plan. The Board therefore concluded that the requirements of Section (C) of the Wake County Zoning

18 Ordinance would be met and that the Special Use Permit should be issued, subject to these conditions: (1) The petitioner must obtain the necessary approvals from the appropriate local, state and federal agencies. (2) The petitioner must record a map recombining the two properties. (3) The petitioner must record a notarized form pertaining to the Order of the Board in the Wake County Register of Deeds and return a copy to Inspections/Development Plans/Permits Division. The petitioner must return the posting sign to Inspections/Development Plans/Permits Division. (4) A final zoning site inspection to verify site plan compliance must be performed before a Certificate of Compliance is issued by Wake County Inspections/Development Plans/Permits Division. (5) Upon approval of the proposed preliminary site plan and Special Use Permit by the Wake County Board of Adjustment, the applicant has one year in which to submit a final site development plan to the Zoning Administrator. The final site development plan shall meet the requirements of Section and indicate the methods by which the standards of Section shall be fulfilled, and shall be consistent with the approval of the Special Use petition and preliminary plan. Mr. Ronald Raxter made a motion to the close the hearing. Mr. Art Odom second the motion. Mr. Scott Warren, Assistant County Attorney, asked the Board to clearly state why it approved or denied the petition. After much discussion, Ms. Genevieve Sims made a motion that the petition does not meet the requirements of (C) and of the Wake County Zoning Ordinance because homeowners are handicapped financially in opposition and the proposed use would not be in harmony with the area in which it is proposed and that the request for the special use permit be denied. The motion failed because there was not a second. Mr. Ronald Raxter made a motion to approve the special use request subject to the stated staff conditions because all the standards drafted by the Wake County Commissioners were met by the petitioner.

19 Mr. John Szeker seconded the motion. Chairman Jack Alphin, Mr. Art Odom, Mr. Ronald Raxter, and Mr. John Szeker vote aye. Ms. Genevieve Sims vote nay. The motion passed. So Ordered.

20 REGULAR MEETING WAKE COUNTY BOARD OF ADJUSTMENT DECEMBER 12, 2000 All petitions complete, Chairman Jack Alphin declared the regular meeting of the Wake County Board of Adjustment for Tuesday, December 12, 2000, adjourned. Respectfully Submitted, Jack Alphin, Chairman Wake County Board of Adjustment