Currituck County

Board Agenda

PB 13-12 Moyock Commons, Phase 1


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


  1. Moyock Commons, P1, PP-UP BOC 6-5-17 (This file has not yet been converted to a viewable format)
  2. moyockcommonsapp-17jan18
  3. MC_SP
  4. Moyock Commons, Phase 1 PP TRC Comments 1-18-17 (This file has not yet been converted to a viewable format)
  5. 02 lt_MC_zoning conditions
  6. 04 MC_CommunityMeeting_Summary
  7. email_MC_WilliamBrumsley_OffsiteEasementOpinion
  8. 12 Wetland Certification Letter

Meeting History

Mar 20, 2017 6:00 PM Video Board of Commissioners Regular Meeting
draft Draft

Parties were sworn and Ben Woody, Planning and Community Development Director, reviewed the request with the Board. During review, Mr. Woody responded to questions related to stormwater drainage and access roads. Ike McRee, County Attorney, said the access road, Moyock Commons Drive, could be improved by the property owner, in his opinion, and Mr. Woody reviewed North Carolina Department of Transportation (NCDOT) requirements for state maintenance. Mr. Woody said Moyock Commons drive must be able to handle the increased traffic, and upgrades must be done before the property can be platted. Mr. Woody said access would be through Moyock Commons Drive, and may connect to Quail Run in time.

Mr. Woody said the Technical Review Committee recommended approval with conditions as noted pertaining to wetlands, Moyock Commons Drive meeting NCDOT standards prior to approval of final plat, stormwater calculations, and cluster mailbox units with parking areas. Staff also recommends approval with conditions met.

Mr. Woody responded to questions and clarified aspects of the application for the Board. The singular access was discussed and when asked if E Street could be used as an alternate access, Mr. Woody said the road would most likely not be able to meet NCDOT standards. Mr. Woody presented information regarding drainage studies and off site drainage improvements.

Stuart Bonnell, Engineer and the applicant, was present to answer questions. Mr. Bonnell said he believes discussions between Mr. Friedman and Food Lion representatives provided approval for Mr. Friedman to improve Moyock Commons Drive. As stormwater and flooding is an area concern, he described the ditching improvements and stormwater plan, which meet county requirements. He responded to Board questions to clarify the drainage from the property.

County Engineer, Eric Weatherly was sworn and provided further information regarding drainage and reasons for utilizing ditch 4 as opposed to ditch 1 for drainage. He described a study currently being performed within the district and hopes to have recommendations to improve drainage. He expressed frustration that all stormwater can be held on the property, believing there will be impacts elsewhere. Mr. Weatherly said the stormwater plan does meet the county's Unified Development Ordinance (UDO). Pond elevations were discussed and Mr. Weatherly said the plan works for the community. Mr. Bonnell said the runoff from the property will be at such a reduced rate as to minimally affect levels within the drainage ditches.

Chairman Hanig opened the public hearing.

Peggy Lusk, Moyock resident and member of the Moyock Concerned Citizens and the Stormwater District Board, provided a handout to board members which described area soil and water issues. She expressed concerns with stormwater ponds, clay soils, and additional runoff related to more rooftops and pavement. She cited increases in traffic and noted the single entrance to the property.

Wende Shannon of Moyock, and member of the Moyock Watershed Advisory Board, said a comprehensive study of all area ditching is in progress. She said the water is already too high and described capacity issues at Puddin Ridge Road. She does not believe the property owner can avoid causing harm if approved.

Judy Pinney of Puddin Ridge Road, Moyock, expressed concerns with the additional traffic. She said people will try to get out of the property other ways in lieu of using Moyock Commons Drive, circumventing the traffic signal. She said it will be dangerous and doesn't believe the area can handle the proposal, traffic wise or flooding wise.

Commissioner Beaumont agreed with Ms. Pinney's comments regarding traffic.

Chairman Hanig closed the Public Hearing.

Mr. Bonnell explained that Avenue E is a lane and needed vast improvement to handle traffic, and thus could not be used as an alternate access.

Commissioner Gilbert moved to postpone making a motion of decision until Planning and Legal could craft a proper motion to cover all of the bases, whether it is a denial or approval, for a minimum of 60 days.

Commissioner Beaumont suggested postponement pending results and recommendations from the completed study.

Mr. McRee reviewed the requirements after a quasi-judicial hearing, and reviewed the options the Board is able.

Ms. Gilbert rescinded her original motion and moved to remand back to the Planning Board for further consideration. Commissioner Beaumont seconded and the motion passed uanimously.

MOVER:Marion Gilbert, Commissioner
SECONDER:Paul M. Beaumont, Commissioner
AYES:Bobby Hanig, Mike D. Hall, Paul M. Beaumont, Mary "Kitty" Etheridge, Marion Gilbert, Mike H. Payment, Bob White
Jun 5, 2017 6:00 PM Video Board of Commissioners Regular Meeting
draft Draft

Parties were sworn and after review, Planning and Community Development Director, Ben Woody, responded to questions and provided clarification for Board members. Discussion concerned necessary right of way upgrades and future maintenance of Moyock Commons Drive, the access road. Mr. Woody said the developer would more than likely have to bear the cost of the upgrades to Moyock Commons Drive, and assumed the developer's goal would be to have the North Carolina Department of Transportation (NCDOT) assume the road maintenance in the future. Mr. Woody said NCDOT forwarded no comments after their project review, signaling they had no concerns related to traffic or access. County Attorney, Ike McRee, reviewed a property owner's ability to utilize a publicly dedicated road to access property. Mr. Woody said adequate fire flows would be present.

Applicant's representative, Mr. Stuart Bonnell, was present to respond to questions. Mr. Bonnell said he was not aware of any developer conversations with NCDOT regarding the road upgrades.

Chairman Hanig opened the Public Hearing.

Peggy Lusk of B Street, Moyock, spoke against approval of the project, citing drainage concerns and traffic. She asked that drainage and stormwater studies currently underway be given consideration. Ms. Lusk said the project is not condusive to improving residents' quality of life.

Judy Pinney of Puddin Ridge Road also spoke against the project, citing traffic and drainage concerns.

There were no others wanting to speak. Chairman Hanig closed the Public Hearing.

Mr. Woody said he could not answer who would be responsible for maintaining ditching down the line, but it would not be the developer of this project, and that perhaps maintenance could be included in the capital projects list of the stormwater district advisory. County Engineer, Eric Weatherly, was sworn in to offer information on drainage, and he described a decommissioned wastewater plant that would be able to be put back into service if needed. He reviewed locations of existing stormwater ponds, described the area drainage processes and noted a stormwater study had identified needed improvements. Once completed, he believes flooding relief will be recognized. Mr. Woody said the Unified Development Ordinance (UDO) drainage requirements have been met and Mr. Weatherly responded to questions about the existing wastewater ponds. The stormwater ordinance and on site stormwater retention were discussed.

Commissioner Gilbert, based on the evidence presented in the matter, moved to postpone PB 13-12 for a final decision so that county staff can be directed and prepare a written order for review and entry by the Board at its June 19, 2017, meeting. Commissioner White seconded the motion.

Commissioner Gilbert restated the motion for clarity, and Mr. McRee confirmed language would be written as a draft order for approval, with requisite findings of fact, conclusions of law and conditions as presented.

The motion passed unanimously.

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