THE VIRGINIAN-PILOT
Copyright (c) 1995, Landmark Communications, Inc.
DATE: Thursday, March 23, 1995 TAG: 9503230557
SECTION: LOCAL PAGE: B1 EDITION: NORTH CAROLINA
SOURCE: BY ANNE SAITA, STAFF WRITER
DATELINE: CURRITUCK LENGTH: Medium: 58 lines
The developer of The Plantations, a proposed residential subdivision recently rejected by Currituck County commissioners, has filed an appeal to have the decision reversed.
County Manager William S. Richardson and Board of Commissioners Chairman Ernie Bowden were officially notified Wednesday of the filing in Currituck County Superior Court.
In the petition, Tate Terrace Realty Investors, Inc., which owns a 520-acre tract in Moyock, is seeking a judicial review of actions that led commissioners to deny the sketch plan and special use permit for its 601-lot development.
The commissioners' unanimous vote on Feb. 6 against the company's plan was based on The Plantations' failure to meet a new adequate facilities ordinance, which says the county must provide facilities to meet residents' needs.
A chief concern was finding space for additional children in the already overcrowded Moyock Elementary School once the subdivision was built.
Prior to the February vote, Alan Resh of Virginia Beach offered to donate 10 acres of land within The Plantations for a new elementary school, another 30 adjoining acres for a park and about $1 million cash for schools.
Resh, who is head of Tate Terrace's land development division, had jury duty Wednesday and could not be reached for comment.
Tate Terrace bought the property off Survey Road in 1988 in a foreclosure sale. At the time of sale, a 429-lot golf course community called Countryside had been approved.
Tate Terrace later approached the county about changing the development to 800 lots and was told rezoning was required.
After the Currituck County planning department objected to the rezoning, because it did not conform to the county's land-use plan, the project was scaled back to 601 lots, according to court documents.
On Sept. 2, 1994, the company submitted an application for sketch plan approval and a special use permit for The Plantations.
At the same time, Currituck officials were drafting an adequate facilities ordinance - one of several growth controls that had been discussed at an August meeting.
A public hearing on The Plantations subdivision was held in October, weeks before the adequate facilities ordinance was passed by commissioners.
After several delays, the board rejected the sketch plan on Feb. 6.
Tate Terrace says in its petition that The Plantations should not have been subject to the new ordinance since its application was submitted and accepted prior to the regulation being enacted.
The company claims the commissioners' decision ``was legally erroneous, arbitrary and capricious,'' court papers state.
The county has 30 days to respond.
``We feel very confident in our position, and we certainly never exercised bad faith,'' County Attorney William Romm said. by CNB