Currituck County
NC

Planning Board Agenda
Recommended Denial
Nov 14, 2017 7:00 PM

PB 17-06 Miller Homes & Building LLC:

Information

Department:Planning & Community DevelopmentSponsors:
Category:PB Staff Report

Attachments

  1. Printout
  2. 17-06 Sam Miller Rezoning Staff Report (This file has not yet been converted to a viewable format)
  3. Zoning Application
  4. 8-8-17 Commercial Site Plan
  5. 8-24-17 Glave Ltr re Rezoning
  6. Community Meeting Summary & Sign In Sheet
  7. Re_ Zoning Map Amendment
  8. Additional Information in Support of Rezoning

Meeting History

Nov 14, 2017 7:00 PM Video Planning Board Regular Meeting
draft Draft

Senior Planner, Tammy Glave presented the staff report. The applicant is requesting a conventional-rezoning from AG (Agricultural) to MXR (Mixed Residential). Since this is a rezoning to a standard zoning district and not a conditional district, no conditions can legally be placed on the property. Staff is concerned this could potentially be considered as illegal spot zoning. Based on the School of Government and General Statues, Ms. Glave gave reasoning for the staff's concern. Ms. Glave reviewed the five factors in validity in approving a potential spot zoning as well as the review standards to consider when adopting or denying the proposed map amendment. Ms. Glave said staff recommends denial and gave several inconsistencies to support that decision.

Chairman Bell asked if the board members had any questions for Ms. Glave and there were none.

Applicant, Sam Miller from Moyock appeared before the board. He presented notes to the Planning Board and members of the staff which were prepared by him and his Engineer, Mark Bissell. Mr. Miller also passed out emails from the former Planning Director, Ben Woody, showing his support for the MXR zoning. Mr. Miller said no adjacent property owners showed up in opposition on two occasions of community meetings. Mr. Bissell spoke on behalf of Mr. Miller saying MXR is intended to be a neighborhood serving district and the neighborhood will support this business. Mr. Miller passed out another paper showing zoning in the area.

Chairman Bell said not having conditions is bothersome.

Ms. Glave referenced Mr. Miller's comment that 85% of bakeries fail and asked Mr. Miller if he would put houses on the parcel in that situation. Mr. Miller said he has not considered putting houses on the property, but if that were to happen, all other surrounding property is zoned General Business and can do anything they want.

Mr. McColley said you purchased this property with eyes wide open knowing what it was zoned. Mr. McColley asked Mr. Miller's reasoning to not zone GB (General Business). Mr. Miller said he needs the flexibility to build a house if the business fails and said he should not be restricted.

Mr. Ballance asked Mr. Miller if he would be willing to put a condition to only build two houses on the property. Mr. Miller said he would agree to that condition. Ms. Glave said Mr. Miller would have to resubmit his application to change to Conditional Zoning.

Mr. O'Brien said he had a problem with the density increase and asked Mr. Miller if he would eliminate multi-family. Mr. Miller said he wanted to use this time to get the Planning Board's feelings on what would be allowed and gave his word to resubmit as Conditional Zoning with the conditions that are discussed tonight.

Mr. Ballance said he didn't have a problem with the possibility of three residential lots on the parcel.

Chairman Bell closed the public hearing.

Mr. McColley motioned to recommend denial as presented since it conflicts with General Statutes legal zoning. Mr. Thomas seconded the motion and the motion carried with a 3-2 vote, Mr. Ballance and Mr. O'Brien with nay votes.

RESULT:RECOMMENDED DENIAL [3 TO 2]
AYES:Carol Bell, John McColley, J. Timothy Thomas
NAYS:C. Shay Ballance, Jeff O'Brien
ABSENT:Fred Whiteman, Steven Craddock, Jane Overstreet