Attend Zoning Hearing: RDU Quarry on Odd Fellows AND Lake Crabtree County Park

Wake County Court House (old and tall building)
Wake County Superior Court
Room TBD (10th floor)
316 Fayetteville St, Raleigh, NC 27601

The Odd Fellows Tract (and the 148 forested acres at Lake Crabtree County Park) was last zoned AT THE REQUEST OF RDU by Wake County Commissioners on March 1, 1982, to low-density residential (one residential unit per acre). In 1984, Wake County added a Highway Overlay to protect the forested lands along I-40.

The Umstead Coalition asked Wake County to enforce its zoning for Lake Crabtree County Park and the Odd Fellows tract, but the County staff refused WITHOUT consulting the Wake County Commissioners.
This eventually led to a hearing before the Wake County Board of Adjustments on July 9, 2024.

The RDUAA attorney argued that the Airport Layout Plan (ALP) was a ‘zoning’ document and that the RDUAA had complete authority to essentially void the 1982 Residential zoning the had requested from the Wake County Commissioners. Without a vote by the Wake County Commissioners, Wake County staff removed the Residential zoning. The Umstead Coalition contends that the ALP is a "Planning Document," similar to the County or City's Comprehensive Plan, and not regulatory zoning. FAA procedures confirm that the ALP is a planning document and not a land zoning document. We further argued that Wake County still retains the authority to enforce its R40 zoning. RDU has to follow the law to change the zoning; they cannot just have it removed.

The appointed Board of Adjustment ruled that the RDUAA could override Wake County zoning and rely on the ALP as a zoning document.

RDU does have a “Height Zoning Ordinance” to protect aircraft flight paths from hazards. This ordinance, enacted in compliance with NC law, is valid but limited to structure height and lighting—e.g., aircraft and navigation hazards. Reminder, Wake County’s zoning was enacted at the request of the RDUAA.

Current status: The Umstead Coalition filed an appeal in Wake County Superior Court. Wake Stone is not a party to our Appeal, but have filed a motion to Intervene; we expect that motion to be argued at the beginning of our Appeal Hearing.

Join us in support! It is always good to have our supporters in the audience for the Hearing.

What to expect: Arrive at the courthouse early, go through security and take the elevator to the 10th floor, Court Room 10th floor (room TBD). You can come and go from the court room, but can't talk while court is in session. Try to sit behind our attorneys during the Hearing (most likely on the right side). If full, please sit in the JURY BOX on the side. (YES, you can and should sit in the Jury Box seating.)

A good option for parking is the Wake County Municipal Parking Deck 216 W. Cabarrus St., on the corners of Davie, McDowell and Cabarrus streets. It's a 5-10 minute walk to the courthouse.