Currituck approves rezoning for 252 apartments despite resident disapproval

Tensions were high at the November 18 Currituck commissioners meeting regarding a rezoning request that would allow Flora Farm to build 252 apartments in Moyock.

The request, submitted by applicant Jason Old of North-South Development Group, LLC, was to remove the commercial zoning designation on 22 acres in the Flora Farm development and incorporate the parcel into the remainder of the development, which is currently zoned for commercial-mixed residential.

The developer plans to build 252 garden-style apartments on the 22-acre parcel, and pull allowable density from the entire 224-acre development. Adding 252 apartments would increase density of the development from 1.4 dwelling units per acre to 2.5 dwelling units per acre. The Unified Development Ordinance (UDO) allows a density of up to 3 dwelling units per acre.

However, as Vice-Chairman Selina Jarvis pointed out, if density were configured only based on the 22-acre parcel and not the entire 224 acres, it would be a whopping 11.5 dwelling units per acre.

The developer said that he failed to attract businesses to the commercial section because there weren’t enough “rooftops” or density to be profitable. Residents’ hope for another grocery store in the area has also been deferred because, according to Old, the location was unsuitable for potential grocers due to the distance from the highway.

The rezoning request was presented at the October 7 meeting, but commissioners purposely delayed a decision until November 4 to allow community input. The agenda item was pushed off again due to a scheduling conflict and rescheduled for the second mid-month meeting.

At the November 18 commissioner meeting, commissioner Owen Etheridge said he’d received “more emails and comments about this particular subject than anything that I’ve gotten over my tenure on this board.”

Other commissioners concurred that they, too, had received numerous emails, phone calls and text messages about the potential rezoning.

Almost a dozen people attended the November 18 meeting, and all spoke to commissioners during public comment opposing the rezoning.

Dana Parker, a resident of Currituck for 26 years, spoke about the strain on the school system. “Let’s use common sense,” she said. “When population increases, the demand for services increases. An increase in services causes increased costs to the taxpayer. Together we can control cost when we control population growth.”

Citing the many vacancies in county job positions, Parker urged commissioners to deny the project. “We are drowning. Our staff is stressed to the max. Please stop the tidal wave of development long enough for the school system to come up for air.”

Pam McMahon, a county resident for 43 years, said she’s 100% opposed to the rezoning for more housing or apartments of any kind. “I urge you to listen to the citizens of Currituck and not the developers. I really am tired of hearing the same old ‘our hands are tied.’ I’m sure there are many rules, guidelines, red tape, and plain old bureaucracy that hinder the board, but something needs to change. If laws need to be changed to stop the growth, then get to work and do that. We elected you and gave you the sacred responsibility to serve and protect this community, and, quite frankly, right now many of us feel that with some of you we were very wrong.”

At the end of public comment, Jarvis was prepared to make a motion immediately.

Before she could do this, commissioner Owen Etheridge gave his perspective on the situation from his many years on the board.

“Currituck has changed. I’ve watched it change over the years and it’s going to change, folks. We can’t stop growth. The only way to stop growth is to buy the land and put it in conservation.”

Owen Etheridge said that he sees both sides of the equation. He said that people are not going to hang on to farmland just for sentimental reasons.

“I can tell you this – if the commodity prices for corn and soybeans do not improve you’re going to see a lot more pressure put on land owners … if they’re getting less than a 1% year return on their investment they’re going to look to sell.”

Commissioner Kitty Etheridge, in her last commissioner meeting, responded to Mr. Etheridge’s concern. “We’re not telling someone they can’t develop this [parcel], we’re just saying it’s not a place to put 252 apartments. We don’t have the infrastructure. We just need to pull back and wait a little.”

Jarvis made the motion to deny the rezoning request. It was seconded by Kitty Etheridge and Mike Payment. Commissioners Paul Beaumont, Kevin McCord, Owen Etheridge and Chairman Bob White opposed Jarvis’ motion to deny the request.

Next, Beaumont made a motion to approve the rezoning request. It was seconded by McCord.

Before the vote, Kitty Etheridge asked Chairman White why the agenda item was moved. “If we were not going to listen to what the public wanted, it makes no sense,” she said, drawing applause from community members.

White said he delayed the vote in October because he wanted time to think about it, and he wanted to give the public more opportunity to reach out to commissioners.

“How did they reach out to you and how many people were in favor of it?” Kitty Etheridge asked the chairman, with someone from the audience yelling out, “We’re here!”

Chairman White replied: “What about the 30,000 [residents] we didn’t hear from?”

The vote was called for, and the motion to approve the rezoning request passed, with commissioners Jarvis, Kitty Etheridge Mike Payment voting no.

Immediately after the vote, about a dozen people abruptly got up, calling out angry comments to the board and to Chairman White specifically as they left the courthouse.

This was the final meeting for three commissioners ending their term on the board: Kitty Etheridge, Paul Beaumont and Bob White. Selina Jarvis ran again and was re-elected. Tony Angell ran unopposed for District 1, Janet Rose ran unopposed for District 4, and Paul O’Neal won the At-Large seat. The new commissioners will be sworn in at the December 2 meeting.

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