Parties to testify were sworn in and Megan Morgan, County Attorney, explained the quasi-judicial process and evidence the Board may consider during deliberation. Jennie Turner, Assistant Planning Director, provided an overview of the application for Commissioners. She used a powerpoint during review to show zoning on site, which includes Mixed Residential (MXR) and Agriculture (AG), and land uses for the site and surrounding area. A site plan was displayed, and Ms. Turner reviewed utilities, stormwater, interior streets, buffering, and lot layouts. School capacities, applicable policies in the Imagine Currituck 2040 Vision Plan, Special Use Permit Review Standards and Technical Review Committee comments were presented.
Ms. Turner responded to questions from Commissioners related to sidewalk location and installation along shortcut road.
Attorney for the applicant, Johnny Hallow, called and questioned witnesses to testify. Professional Engineer, Mark Bissell, and North Carolina Real Estate Appraiser, Kim Tate, were tendered as expert witnesses during testimony.
Mr. Bissell responded to questions from Mr. Howell and testified that the project meets or exceeds the requirements of the Unified Development Ordinance (UDO). He provided an overview of the plat and reviewed lot sizes, buffering, and stormwater. He testified the project complies with the UDO and will not endanger public health or safety, noting the 100-year stormwater management analysis exceeds the county's 10-year requirement. Mr. Bissell discussed soil suitability for septic, county water availability, and fire protection. He responded to questions from Commissioners regarding stormwater flow and drainage.
Mr. Bissell testified the use is compatible with the surrounding area and is in harmony with the area, as the development will be similar to those nearby. He said it is in conformance with the land use plan, referenced supporting Land Use Plan policies, and that adequate school facilities for student generation are available.
Mr. Tate presented his analysis of the subject property, reviewed his assessment process, comparisons and methodology used to determine impacts the development would have to the value of adjacent property. He said the use promotes a Currituck feel, is a low-density project, and will not have a negative impact on the value of adjacent property.
Mr. Tate responded to questions from Commissioners pertaining to the impacts of property values on Swains Lane, which runs behind the proposed site, and the existence of powerlines on the property that separates the MXR and AG development.
Applicant John Linton, Seaboard Development Alliance, was introduced by Mr. Hallow and addressed Commissioners. He discussed the North Carolina Department of Transportation's plans to widen Short Cut Road, and said they are still uncertain where the expansion will be. He addressed minimizing the powerline intrusion, plan amenities, and potential farming of open space. Mr. Linton was asked about phasing, and he believes phasing will happen naturally over a planned, four-year period for building.
Commissioners expressed a preference for phased construction to provide assurances that a national builder won't overwhelm schools, similar to what occurred in the Moyock area.
Mr. Linton addressed Commissioner concerns with a sidewalk along Short Cut Road, and said he would install a landscape buffer in lieu of a sidewalk installation. He said the buffer would be developed along with roadways during site preparation.
Vice-chair Jarvis opened the Public Comment.
Robert Swain, a 46-year resident of Swains Lane, discussed issues with area flooding particularly since the road was paved. He voiced his concerns with drainage and said ditching will not be able to appropriately drain water. He asked that an in-depth water survey be performed.
Harvey Roberts, Soil and Water Conservation District Supervisor and resident of Shawboro, considers himself to be a drainage expert and is very familiar with Swains Lane. He discussed where the ditches drain and said that there have been many beaver dams removed from the area that will help with drainage.
Valerie Ashbury, a resident of Swains Lane, said she will be directly affected by the development. She said standing water exists currently in her yard, both front and back, and she cannot understand as to where the water will drain, as the area is never dry. She believes the water issues are not being considered fully, that their property values will be affected, and wants some assurance they won't be flooded out. She asked the Board to look at the area before making a decision.
There were no other speakers and Public Comment was closed.
Mr. Bissell returned to address drainage and described how water run-off would be restricted post-development as opposed to the unrestricted runoff of water currently. He explained a slow-release pond would hold stormwater, and stormwater modeling would be performed and reviewed by stormwater engineers.
Commissioners recessed from 8:18 PM till 8:26 PM. The meeting was reconvened and there was no further discussion.
Commissioner Jarvis moved to deny PB 24-26: Barco Reserve Subdivision preliminary plat/special use permit because the applicant has not demonstrated the proposed use meets the review standards of the UDO. The standards were not met to ensure the use will not endanger the public health or safety, and this mainly is due to the stormwater inconsistencies; the use will injure the value of adjoining or abutting lands; it is not in conformity with the Imagine Currituck 2040 Vision Plan, specifically Land Use 1.3, Land Use 1.4, Infrastructure and County Service Goal 1 and Infrastructure and County Service Goal 7.2; and the use will exceed the county's ability to provide adequate public facilities, because of no guarantees of phasing it does not ensure and protect our public facilities.
Commissioner Payment seconded the motion. The motion passed, 5-0, and the Special Use Permit was denied.