Currituck County

Planning Board Agenda

PB 17-06 Miller Homes & Building LLC:


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


  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


Planning Board Recommendation - November 14, 2017


Mr. McColley motioned to recommend denial as presented since it conflicts with NC General Statutes for 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] Next: 12/4/2017 6:00 PM

AYES: Carol Bell, Chairman, John McColley, Board Member, J. Timothy Thomas,

Board Member

NAYS: C. Shay Ballance, Board Member, Jeff O'Brien, Board Member

ABSENT: Fred Whiteman, Vice Chairman, Steven Craddock, Board Member, Jane Overstreet, Board Member


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.

AYES:Carol Bell, John McColley, J. Timothy Thomas
NAYS:C. Shay Ballance, Jeff O'Brien
ABSENT:Fred Whiteman, Steven Craddock, Jane Overstreet
Dec 4, 2017 6:00 PM Video Board of Commissioners Regular Meeting
draft Draft

Planning and Community Development Director, Laurie LoCicero, said the applicant had contacted her to request a deferral. Although the applicant did not specify a time frame, Ms. LoCicero suggested the changes would likely require the item be returned to the Planning Board.

Commissioner Payment moved to accept a six month deferral. The motion was seconded by Commissioner Hall and carried unanimously.

MOVER:Mike H. Payment, Vice Chairman
SECONDER:Mike D. Hall, Commissioner
AYES:Bobby Hanig, Mike H. Payment, Paul M. Beaumont, Mary "Kitty" Etheridge, Marion Gilbert, Mike D. Hall, Bob White