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Wendell board tables Dean Farms PUD amid concerns over condemnation clause and '80% absorption' trigger

November 11, 2025 | Wendell, Wake County, North Carolina


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Wendell board tables Dean Farms PUD amid concerns over condemnation clause and '80% absorption' trigger
The Wendell Town Board on the evening of the meeting heard hours of public comment and technical detail on the Dean Farms planned unit development, then voted to table the annexation and rezoning until the Nov. 24 meeting.

Stacy (planning staff) described the Dean Farms proposal as a 44.6-acre PUD that would include office, warehouse and a possible multifamily backup option. The PUD sets building and facade standards, a maximum of 70% impervious cover and lays out transportation improvements including turn lanes and potential signal warrants. The applicant told the board it seeks flexibility to deliver up to 450,000 gross leasable square feet across zones while retaining an option to convert some space to multifamily if market absorption falls short.

Multiple neighbors urged delay. Craig Fitzpatrick, owner of a 12-acre parcel adjacent to the project, said he was "shocked and somewhat angered" by a clause referencing condemnation and urged the board to protect nearby residents. Kirk Phipps and other speakers warned that an "80%" occupancy clause could, in their view, all but guarantee an apartment complex later and would create noise, lights and traffic problems along Lyles Dean Road. Phipps said the PUD allows "apartment buildings up to five stories" and called the traffic analysis projecting 6,580 daily trips worrisome.

Town staff and the town attorney explained the clause’s intent. Town Attorney read from the packet and said the language describes a process under which rights-of-way and other public infrastructure needed for the project would be acquired only after the applicant exhausts commercially reasonable efforts to negotiate purchases and the town follows the statutory eminent‑domain process (citing General Statute 160A-240.1). Staff also explained how the town envisions tracking the "80%" absorption — through lease reporting and submittals — rather than relying on a developer self‑certification.

Commissioner Joyner moved to table the item so staff, the applicant and attorneys could clarify the condemnation and absorption language. The motion carried on a voice vote and the board set a date certain of Nov. 24 to revisit the matter.

Next steps: staff and the applicant will work with town attorneys to redraft or clarify condition language and return the revised PUD text and packet at the Nov. 24 meeting.

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