35-lot subdivision approved for Moyock

Published 10:42 am Monday, April 29, 2024

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Currituck commissioners met April 15 at the Historic Courthouse, spending most of the meeting on a public hearing for a preliminary plat/special use permit for a 35-lot subdivision in Moyock, which they ultimately approved.

The request came from New Bridge Creek, LLC for a new subdivision request located off Caratoke Highway between Beechwood Shores Drive and Munden Lane in Moyock.

Commissioners sat as a quasi-judicial board and heard expert testimony from the applicant’s attorney to prove that the request met the requirements for approval.

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The applicant is requesting a preliminary plat/special use permit for a 35-lot conservation subdivision on 104 acres of agriculture zoning. The allowed density is .35 dwelling units per acre. The minimum lot size for a conservation subdivision is 30,000 square feet, but most of the lots in this proposed subdivision are between 30,000 and 38,000 square feet.  The applicant is also proposing 70% of open space in the subdivision, though the ordinance only requires 60%.

During the hearing, attorney Bill Brumsey proved that applicant met the four requirements for approval, that the use will: (1) Not endanger the public health or safety; (2) Not injure the value of adjoining or abutting lands and will be in harmony with the area in which it is located; (3) Be in conformity with the Land Use Plan or other officially adopted plan; and (4) Not exceed the county’s ability to provide adequate public school facilities.

During the public hearing, neighbors came to the podium to express concerns about stormwater and traffic. Several neighbors said they were told when they purchased their own 10-acre parcels a couple years ago they were under the impression that the adjoining lands would also be 10-acre lots.

Owner Jerry Olds said he never promised that the lots would only be 10-acre parcels. However, he did agree to move up the phasing for the vegetative buffer between his development and the current northern neighbor to make the construction phase less intrusive. The requirements for approval also include improvements to the roads and on-site wastewater treatment. Neighboring lands should not be affected.

Commissioners brought up school capacity. The New Bridge Creek development is located in the Shawboro Elementary School district, which is currently over capacity. Thirty-five single family lots are expected to generate eight additional elementary students over the three-year phase – three students in the fall of 2026, three more in 2027, and two in 2028. However, with the completion of the new Tulls Creek Elementary in the fall of 2025 with capacity for 800 children, this proved not to be an issue.

After some deliberation, a majority of commissioners approved the request: Kevin McCord, Paul Beaumont, Owen Etheridge and Chairman Bob White; commissioner Kitty Etheridge and Vice Chair Selina Jarvis voted no.

Pending permits, site work for phase 1 (12 lots) is expected to begin in late 2025. Phases 2 and 3 (12 lots and 11 lots, respectively) will begin a year apart.

Commissioners then moved on to conclude the discussion started at the April 1 meeting about a smother process to transfer maintenance of a subdivision from the developer to an HOA. Commissioners unanimously approved changes that state that developers may initiate transfer to HOAs when 75% of lots have been sold, and shall initiate transfer when 100% of the lots have been sold.

In new business, commissioners authorized a lease to the Corolla ABC store, which White said “has been forever in the making it seems.” The lease is for a 6,000+ square foot building for five years at $3000 monthly rent, with options to renew.

In the second item of new business, commissioners approved a resolution for a guaranteed maximum price of $1,042,033 for the county fuel farm replacement project to designer-builder Oaks Grading.