Donna Voliva presented the staff report along with a PowerPoint presentation. Ms. Voliva gave the background information on the previous zonings for the property, reviewed the policy compatibilities, reviewed the eleven items for consideration when considering a proposed map amendment (Section 2.4.3.C of the UDO) and referenced the Use Comparison table on page 36 of the agenda packet for allowed used in HI verses uses allowed in GB. Ms. Voliva said this is a downzoning, but we need to look at our ordinances to make sure it aligns with our adopted plans; also, the GB rezoning would allow other uses such as residential development on the property which is not currently allowed in the HI zoning district. Ms. Voliva said because of the outstanding planning staff concerns with the absence of agreed upon conditions and a development plan, it is not possible to ensure it complies with the adopted plans, another concern of staff is the wetland protection, therefore, staff is giving the recommendation of denial.
Jason Mizelle with Timmons Group, 1805 W. City Drive, Elizabeth City, came before the board to represent the applicant. He introduced the applicant, Kaylee Bynum, Green Meadows Investments, LLC, as the Founder and President of Peaceful Waters Counseling and Wellness Center. Mr. Mizelle said in order for Ms. Bynum to receive the small business loan, she has to have the zoning in place. He referenced the protected lands and said Ms. Bynum would use this area for outdoor sections and walking paths.
Mr. Ballance asked about more delineation with the wetlands. Mr. Mizelle said yes, they would have to comply with the wetland rules.
Kaylee Bynum, 497 Puddin Ridge Road, Moyock, came before the board. She said her business originally opened December 2018 with a five-year goal to have five staff members, but presently has 20 staff members. Ms. Bynum said she would like to have a 5,000 to 6,000 sq. ft. building to be used as a holistic care facility. Ms. Bynum said in order to receive 504 Plan funding, the site has to be land use ready for building and requires General Business zoning.
Ms. Krause asked if there were any residential plans for this property and Ms. Bynum said there were none. Board discussion was held on downzoning and whether the item will have to return to the board for approval of a special use permit. Ms. Voliva said the special use permit is not permitted by right so the applicant would have to return for that request.
Having no members of the public present to speak, Chairman Bass asked for a motion.
Ms. Krause moved to recommend approval of PB 22-21 Green Meadows zoning map amendment because the request is consistent with the Imagine Currituck 2040 Vision Plan because the request:
- Will result in a less intensive zoning district.
- Will result in future non-residential uses that will meet higher quality design standards along Caratoke Highway and community compatibility standards of the UDO.
- The request will reduce the potential for non-compatible, highway-oriented industrial uses.
- Imagine Currituck 2040 Infrastructure County Services: Goal 1 and Goal 8
The request is consistent with the Moyock Small Area Plan policies:
The request is reasonable and in the public interest because:
- The request will reduce the potential for adverse impacts of HI uses on nearby lands.
Mr. Doll seconded the motion and the motion carried unanimously 5-0.