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More homes approved for flood plain
by Johnny Whitfield, Wake Weekly Associate Editor
Wake Forest commissioners ignored the pleadings of staff members and the recommendation of its own planning board in approving plans to develop part of the Sanford Creek flood plain.
The request from Ammons Development Group created 17 new lots in the Heritage South subdivision off Rogers Road. But five of those lots are partially located in the 500-year and 100-year flood plain of Sanford Creek. Land in the 100-year flood plain has a 1 percent chance of flooding in any given year. Property in the 500-year flood plain has a 0.2 percent chance of flooding in any one year. During a hearing earlier this month before the planning board, planning director Chip Russell said his staff was taking a strong stand against development of any kind within a flood plain. "If you allow this small project or that small project, none of them by themselves will make much difference, but the cumulative effect of all that development within the flood plain will be bad," Russell said. That advice led the planning board to recommend that commissioners only approve the request if the developers agreed to restrict construction on the five lots in the watershed. But Andy Ammons, the president of Ammons Development Group, told commissioners last week he would not agree to that condition. Wake Forest Town Manager Mark Williams told commissioners that they should deny the request because the project was still allows the property owner to develop his land. Williams said a point made by planning board member Frank Drake was an important one for commissioners to consider. "He said this project was viable and profitable without these 17 lots -- and even with this change we are asking for, the developer still gets 12 additional lots. It's still a reasonable use of his property," Williams said. Under zoning rules, conditions placed on land uses may not be applied to the property unless the property owner agrees to them. Ammons said he would agree to a different condition that would prevent construction within the 100-year flood plain. The 100-year flood plain is much smaller than the 500-year flood plain, which means Ammons would have more property on which he could construct a house. Although they ultimately approved the request 4-1, with only Velma Boyd-Lawson dissenting, the request didn't sit well with other members of the town board either. Commissioner David Camacho suggested that the town develop an ordinance that specifically rules out development within the flood plain. Williams said that wasn't a good idea because an ordinance -- unlike an informal policy -- offers no room for town commissioners to make exceptions. "It will also take it out of your hands. Cases like that would go to the Board of Adjustment and you would have no say over it," Williams said. He told board members that by relying on a policy that prohibits development in the flood plain, they had the option to set the policy aside in cases where applying it would create a hardship. Mayor Vivian Jones said the policy should provide enough support for commissioners to base their decisions on. "What we need is a little political backbone to stand up and say we will not allow development in a flood plain," Jones said. But Commissioner Chris Malone said the town has a responsibility to protect property rights. "I'm all for protecting the environment when it makes sense, but I don't see that these five lots will hurt anything," Malone said. Last week's decision marks the second time in three months that commissioners have approved plans to develop within the flood plain. In October, commissioners accepted a plan to develop town homes along Smith Creek north of Durham Road near Paschal Golf Course. That decision drew the ire of environmentalists, including the chairman of the town's Greenways Committee and the Neuse River Riverkeeper, Dean Naujoks, who said he would work to derail future efforts by the town to win conservation grants.
Last Updated On: December 30, 2004
Copyright 2004 The Wake Weekly