Attend Zoning Hearing: RDU ignoring their Residential zoning on Odd Fellows, etc

Let's fill the room! Attend Zoning Hearing: RDU is ignoring the Residential zoning on Odd Fellows, LCCP, and 286 that they asked for.

This affects the RDU Quarry on Odd Fellows, RDU’s planned Entertainment/Business complex at Lake Crabtree County Park, and RDU’s eventual development of all trails on 286 East (currently leased by Wake County – but will eventually fall to the fate of LCCP)

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

On 1/Mar/1982, AT THE FORMAL REQUEST OF RDU, Wake County Commissioners rezoned Odd Fellows, all of the Lake Crabtree Park land (from I-40 to the Lake), and all of 286 from Airport District to Residential land. The collaborative planning process was formally initiated by RDU in early 1981 and included RDU, NC State Parks, Wake County Planning, Triangle J Council of Government (JCOG), etc. All agreed that these lands should not be in Airport District zoning as they wanted to avoid these land being put to “inappropriate uses because of the almost unlimited uses permitted on land zoned Airport District." In 1984, Wake County added a Highway Overlay, a zoning intended to further protect the forested lands along I-40.

Fast forward to now, RDU is ignoring the Residential zoning that they asked for by claiming they have full rights over these properties and they can undo or ignore any zoning, even if they had previously asked for it. While RDU does have planning rights, per the FAA, RDU is required to ensure their planning is consistent with established planning and they are supposed to work with their neighbors to ensure consistency (and not operate like they are in a planning vacuum and can do whatever they want). Wake Stone knows of this zoning issue, but has chosen to move ahead with their destruction.

The Umstead Coalition asked Wake County to enforce the RESIDENTIAL zoning established AT THE REQUEST OF RDU, but the County staff refused to do so WITHOUT consulting the Wake County Commissioners (which is the proper legal process whereby Wake County Planning staff make recommendations to the Wake County Commissioners and then Commissioners vote on whether or not to accept the recommendations). This refusal eventually led to a hearing before the Wake County Board of Adjustments (BOA) 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 void the 1982 Residential zoning they had requested from the Wake County Commissioners WITHOUT going through any legal process as dictated by NC’s Chapter 160D and other relevant law. In addition, RDU misrepresented their own legally established Height Zoning Ordinance by claiming it also givens them land zoning rights. RDU legally established a Height Zoning ordinance in 1957. While it has been amended 2 or 3 times, they have never added land using zoning to their Height Zoning Ordinance. RDU has ZERO ordinances, processes, etc. established for land zoning. Since they did not have an established land zoning process, RDU has, since the beginning of the RDU Airport, always deferred to Wake County by legal means (e.g., the RDUAA people VOTED to ask Wake County to enact land use zoning and all agreed that any stricter Height zoning enacted by RDU would be enforced. The land use was and is, established by Wake County).

Wake County Planners have claimed they have not had to enforce zoning on RDU. Well, that is because all work done at the RDU Airport since 1982 through the creation of Vision 2040 was on land they zoned as Airport District 1 and Airport District 2. Those land classifications permit pretty much anything! So, there was no need for Wake County to enforce zoning. Just because they have not had to do anything since 1982 does not mean that they can forsake their obligations now!

Unfortunately, at the 7/Jul/2024, the Wake County Board of Adjustments (BOA) fell for RDU’s mistruths and, without a vote by the Wake County Commissioners, Wake County Planning staff removed the established Residential zoning that had been LEGALLY established AT THE REQUEST OF RDU.

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

PLEASE ATTEND THIS HEARING! It is always good to have supporters in the audience. Let’s fill this place up!

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. (This is not a jury hearing, so YES, you can 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.