Currituck County
NC

Planning Board Agenda

PB 17-07 Ponderosa Enterprises, Inc:

Information

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

Attachments

  1. Printout
  2. 17-07 PONDERSOA Staff Report 121217 PB (This file has not yet been converted to a viewable format)
  3. Application
  4. Community Meeting Notes
  5. Maps

Meeting History

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

Senior Planner, Donna Voliva presented the staff report. Ms. Voliva said the proposed rezoning of approximately 12+/- acres from AG (Agricultural) to GB (General Business) is presented to the board as a conventional zoning map amendment. The 41.35 acre property is currently zoned GB and AG. The existing mobile home park and the self-storage uses are located in the portion of the property zoned GB and the pasture use is located in the area zoned AG (area of the request). The applicant is seeking the rezoning to eliminate the split zoning district on the property. According to the applicant, a community meeting was held at Ponderosa Enterprises, Inc. on June 13, 2017 with no one in attendance. Ms. Voliva referenced the Maple/Barco Small Area Plan and the 2006 Land Use Plan. Ms. Voliva said the plans have compatibility conditions and these are of concern to staff with a conventional rezoning without conditions or a specific plan from Mr. Sawyer. Staff would like to work with the applicant towards a conditional rezoning application.

Chairman Bell asked if any board member had questions for staff. Mr. O'Brien asked if Mr. Sawyer would have to re-apply once he has a plan in place and Ms. Voliva said he would have to re-apply.

Mr. Sawyer from Barco came before the board. He said he has owned the property since 1973 and is requesting the rezoning since there should be some between the citizens and the county. He said he lives on the property so whatever we put on the property will affect us as well. Also, two-thirds of the property is already zoning GB.

Mr. Ballance asked if property is zoned GB and after business is planned does it return t the board for approval. Ms. Voliva said it would come back to the board as a Site Plan or a Use Permit.

Mr. McColley asked Mr. Sawyer if he would be willing to work with the county to come up with a cohesive plan that works on both sides of the road. Mr. Sawyer said he is willing to work with the county.

Mr. Ballance said if we went ahead with the zoning, wouldn't the conditions be addressed in a Site Plan and Ms. Voliva said some would be addressed, but not all.

Chairman Bell closed the public hearing and made a motion to table the applicant's request. Mr. O'Brien seconded the motion and the motion carried unanimously.

RESULT:TABLED [UNANIMOUS]
AYES:Carol Bell, C. Shay Ballance, John McColley, Jeff O'Brien, J. Timothy Thomas
ABSENT:Fred Whiteman, Steven Craddock, Jane Overstreet
Dec 12, 2017 7:00 PM Video Planning Board Regular Meeting
draft Draft

Assistant Planning Director, Donna Voliva presented the staff report. After the November Planning Board meeting, the planning staff met with David Sawyer, Ponderosa Enterprises, and discussed the conditional zoning process and procedures. Mr. Sawyer has decided to go forward with the original conventional zoning of his property. Ms. Voliva said staff is recommending denial of the conventional zoning since the request does not adequately address the compatibility elements and uses of the Maple-Barco Small area Plan and the 2006 Land Use Plan. A conditional zoning would address the compatibility elements and would have mutually agreed upon conditions with the county.

Board members asked Ms. Voliva questions concerning the applicants right to withdraw his rezoning request and the length of time the applicant would have to wait to resubmit his request if it is denied before he withdraws. Ms. Voliva stated he can withdraw if the legal notices have not been sent out. If Mr. Sawyer chooses to go forward with his request with the result of denial, he will have to wait one year to resubmit his application.

Mr. Sawyer came before the board and said he just wants to know what to do so he doesn't restrict the rest of the property that is already zoning General Business.

Mr. Whiteman said he believes in property rights and asked Ms. Voliva what is the negative factor in his request. Mr. Voliva said staff is generally supportive of the zoning, but the problem is with the site design.

Mr. Whiteman asked if a convenience store was out of the question if rezoned and Ms. Voliva said no.

Mr. Sawyer said if that did happen, he would make the appearance of the building to match the rest of the county buildings, such as brick, etc.

Mr. Whiteman asked Mr. Sawyer if a franchise wouldn't consider this parcel unless its rezoned already and Mr. Sawyer said yes.

Discussion was held on conditional zoning following the property lines according to the General Statutes and a survey not being done when the county rezoned part of the property to General Business. Ms. Voliva said the county would work with the applicant's surveyor to identity the lines.

Mr. Sawyer withdrew his application and will start a new application of conditional rezoning.

Chairman Bell announced no action is necessary by the board since the Applicant withdrew his request.

RESULT:WITHDRAWN