CURRITUCK COUNTY

NORTH CAROLINA

Minutes- Regular Meeting of the Planning Board

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Historic Currituck Courthouse Board Room
153 Courthouse Road
Currituck, North Carolina 27929
Present:
  • C. Shay Ballance
  • K. Bryan Bass, Chairman
  • Garry Owens, Vice Chairman
  • David Doll
  • Juanita Krause
Absent:
  • Thomas Hurley
  • Michael Corbell
Staff Present:
  • Kevin Kemp, Development Services Director
  • Tammy Glave, Senior Planner
  • Donna Voliva, Assistant Planning Director
  • Jason Litteral, Planner II
  • Cheri Elliott, Clerk to the Board

A work session was held at 5:30 PM in the Historic Currituck County Courthouse Conference Room for the staff and board members to review the cases being heard by the Planning Board.

Chairman Ballance called the meeting to order at 6:03 PM.

There were no disqualifications noted.

Chairman Ballance announced a quorum being met with five board members present.

Chairman Ballance nominated Bryan Bass to serve as the new Chairman.  Mr. Doll seconded the nomination and Mr. Bass was appoved 5-0 as Chairman.

Chairman Bass nominated Garry Owens to continue to serve as the Vice-Chairman.  Mr. Doll seconded the nomination and Vice-Chairman Owens was approved 5-0 to continue serving as the Vice-Chairman.

Mr. Doll recommended approval of the agenda as presented.  Vice-Chairman Owens seconded the motion, and the motion was approved unanimously.

  • MOVER: David Doll
    SECONDER: Garry Owens
    RESULT: Approved

Ms. Krause motioned to approve the minutes as presented. Vice-Chairman Owens seconded the motion, and the motion was approved unanimously.

  • MOVER: Juanita Krause
    SECONDER: Garry Owens
    RESULT: Approved

There was no old business discussed.

Jason Litteral presented the staff report, a PowerPoint presentation, reviewed maps and went over the consistency and reasonableness statement and gave the conditions of approval. Mr. Litteral said the Technical Review Committee recommends approval of the conditional rezoning subject to the condition that the Imagine Currituck 2040 Vision Plan shall bee officially certified by the Division of Coastal Management prior to either the conditional rezoning, or any amendments to the 2040 Vision Plan, becoming effective.

Board members had questions concerning the finalization of Imagine Currituck 2040 Vision Plan. Mr. Kemp said the timeframe would normally be 45 days, but CAMA is currently understaffed, so it is hard to give a specific timeframe.

Mark Bissell with Bissell Professional Group at 3511 North Croatan Road, Kitty Hawk, came before the board to represent the applicant.  Mr. Bissell gave a PowerPoint presentation, gave the proposed conditions with the conditional zoning standards, and reviewed the proposed shopping center.  Mr. Bissell said the growing population in Moyock creates the desire and need for additional services such as another shopping center.  He said this commercial tract would still have to come back to the board for a special use permit if the conditional rezoning is approved tonight.

Ms. Krause asked Mr. Bissell about the sewage for the development. Mr. Bissell said they would connect to the Eagle Creek wastewater system. 

Mr. Bass asked if this development would change the number of houses for the Flora residential section.  Mr. Bissell said it would not change since the residential development is separate from the commercial parcel.

Discussion was held concerning the future traffic light at the south end of the development.

Chairman Bass opened the public comment.  With no one wishing to speak, the public comment was closed.

There was no further board discussion.  Chairman Bass asked for a motion.  

Vice-Chairman Owens moved to recommend approval of PB 22-12 Flora Commercial because the request is consistent with Land Use Plan Goal 3 and Economic Development Goal 1.

The request is reasonable and in the public interest because it:

  • would result in a logical and orderly development pattern.
  • would not conflict with the public interest and is in harmony with the purposes and intent of this Ordinance.

And also add the three conditions of approval:

  1. The Imagine Currituck 2040 Vision Plan shall be officially certified by the Division of Coastal Management prior to either the conditional rezoning, or any amendments to the 2040 Vision Plan, becoming effective.
  2. Up to 120,000 square feet of non-residential floor area, excluding 3 out parcels.
  3. Site plan and building elevations to be in general conformance with preliminary drawings provided.

Mr. Doll seconded the motion and the motion carried unanimously 5-0.

  • MOVER: Garry Owens
    SECONDER: David Doll
    RESULT: Approved

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:

  • ST1 and ST2

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.

  

  • MOVER: Juanita Krause
    SECONDER: David Doll
    RESULT: Approved

Tammy Glave presented the staff report to allow food trucks to operate and locate on property that is not on the same lot as the principal restaurant.  Ms. Glave said all rules concerning the food trucks still apply.  Ms. Glave said staff recommends approval of the proposed text amendment as submitted because the amendment is consistent with Economic Development Goal 1, Economic Development Policy 3.1 and Economic Goal 4 of the Imagine Currituck 2040 Vision Plan and is not in conflict with any provisions of the UDO or the County Code of Ordinances.  Ms. Glave also included the Table of Common Accessory Uses to show where food trucks are allowed.

There were no questions for staff or board discussion.

Having no members of the public present to speak, Chairman Bass asked for a motion.

Mr. Doll moved to recommend approval of PB 22-17 Currituck County (Food Trucks) because the request is consistent with Imagine Currituck Land Use Plan Economic Development Goal 1, Economic Development Policy 3.1, and Economic Development Goal 4.

Vice-Chairman Owens seconded the motion and the motion carried unanimously 5-0.

  • MOVER: David Doll
    SECONDER: Garry Owens
    RESULT: Approved

Kevin Kemp presented the staff report and a PowerPoint presentation.  Mr. Kemp said the proposed text amendment was discussed at the October 11, 2022, Board of Commissioners' fall retreat to amend the UDO to exempt development by the county and its agencies and departments, as well as the County Board of Education from being required to meet its requirements.  Mr. Kemp gave the seven review standards for text amendments and said staff recommends approval because the text amendment is consistent with the UDO and County Ordinances, and it is consistent with goals, objectives, policies and actions of Imagine Currituck 2040 Vision Plan.

Discussion was held on the intent of the text amendment for development of specific sites.

Having no members of the public present to speak, Chairman Bass asked for a motion.

Vice-Chairman Owens moved to recommend approval of PB 22-18 Currituck County Text Amendment- County Exemptions because the request is consistent with Land Use Goal and Policy 4, Infrastructure and County Services Goals and Policies 1, 2, 3, 7, 7.1, 7.3, 8 and 8.1, and Parks and Recreation Goal and Policy 1.5.

The request is reasonable and in the public interest because it:

  • Consistent with the UDO and County Code of Ordinances.
  • Consistent with the goals, objectives, policies, and action statements of the Imagine Currituck 2040 Vision Plan.

Ms. Krause seconded the motion, and the motion was approved 4-1, with Mr. Doll opposed.

  • MOVER: Garry Owens
    SECONDER: Juanita Krause
    RESULT: Approved

Donna Voliva presented the staff report with a PowerPoint presentation.  Ms. Voliva said the proposed text amendment was discussed at the October 11, 2022, Board of Commissioners' fall retreat and the proposed language would apply to new applications and expansions to mining existing operations.  Ms. Voliva gave the following specifics for the intended modifications to the UDO:

  1. Extend the public hearing mailed notice requirement to property owners from 500 feet of the property lines to 1,500 feet of the property lines subject to the application.
  2. Clarify the lands that are not included in the total site acreage (CAMA, US Army Corps of Engineers designated wetlands and surface waters including Waters of the US);
  3. Remove the reduction in setbacks with additional screening; and,
  4. Remove the administrative expansion provided to the planning director.

Ms. Voliva gave the statement of consistency and said staff recommends approval because:

  • Text amendment is consistent with goals, objectives, policies and actions of Imagine Currituck 2040 Vision Plan.
  • Text amendment is consistent with the UDO and County Ordinances.

There were no questions for staff and no board discussion.

Having no members of the public present to speak, Chairman Bass asked for a motion.

Mr. Ballance moved to recommend approval of PB 22-19 Currituck County because the request is consistent with Imagine Currituck 2040 Vision Plan including Land Use Goal 2, Land Use Policy 2.6, Action CC-ACT-12, and Environment Goal 1.

Mr. Doll seconded the motion, and the motion was unanimously approved 5-0.  

  • MOVER: C. Shay Ballance
    SECONDER: David Doll
    RESULT: Approved

Donna Voliva presented the staff report with a PowerPoint presentation.  Ms. Voliva said the proposed text amendment was discussed at the October 11, 2022, Board of Commissioners' fall retreat and gave the following background for the proposed text amendment:

  • The BOC approved a text amendment on January 18, 2022, that increased dimensional standards for nonresidential businesses located on major arterial roads and allowed additional commercial uses in the MXR Districts.
  • The proposed language aligns the MXR district purpose and land uses with the Unified Development Ordinance.

Ms. Voliva reviewed the requested text amendment changes, noted the review standards, and said staff recommends approval because it is consistent with goals, objectives, policies and actions of Imagine Currituck 2040 Vision Plan, it aligns nonresidential intensities between zoning districts, and the amendment is consistent with the purpose and intent of the zoning districts in the UDO which will result in a logical and orderly development pattern.

Ms. Krause asked if a grocery store could still be put in MXR with the text amendment.  Ms. Voliva said, yes, 10,000 sq ft or smaller is allowed.

Having no members of the public present to speak, Chairman Bass asked for a motion.

Mr. Doll moved to recommend approval of PB 22-20 Currituck County because the request is consistent with Imagine Currituck 2040 Vision Plan including transect profiles, CC-ACT-44, Land Use Goal 2., and Land Use Policy 2.2. 

Vice-Chairman Owens seconded the motion, and the motion was unanimously approved 5-0.

  • MOVER: David Doll
    SECONDER: Garry Owens
    RESULT: Approved

Mr. Kemp gave updates on the following:

  • Imagine Currituck 2040 Vision Plan - as stated earlier, it is currently being reviewed at the CAMA office in Elizabeth City and is taking longer than normal due to a staff shortage.
  • Board of Commissioners' retreat scheduled for February 3rd and 4th.

Mr. Kemp thanked Shay Ballance for his many years of service with the Planning Board and wished him well.

Mr. Doll motioned to adjourn the meeting.  Ms. Krause seconded the motion and the meeting adjourned at 7:32 PM.

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