Moore County Commissioners override planning board’s subdivision rules

Moore County Commissioners approved changes to the Unified Development Ordinance (UDO), allowing major subdivisions in the county’s 8,128.86 available RA20, RA40 and RAUSB acres without a special use permit, despite a 7-1 planning board recommendation against the changes.

The decision shifts preliminary plat approval to an administrative review board, raising questions about public oversight, stormwater protections and accountability in development decisions.

The planning board’s July 9 vote was seven-to-one against the proposed Chapter 6 amendment, citing inconsistency with the land use plan (LUP).

Still, the commissioners approved the amendment to remove special use permits for major subdivisions in the selected zones.

Prior to voting, the board held a public hearing on the amendment to remove the special use permit for major subdivisions in RA-20, RA-40, and RA-USB zones. The proposal allows major subdivisions by right in those districts with Subdivision Review Board approval.

Minor, exempt, family, and limited subdivisions may be permitted in all zoning districts if they comply with dimensional and subdivision rules, as clarified by the amendment. The proposal came after a joint session of commissioners and the planning board on May 18 to review subdivision rules.

During discussions, Commissioner John Ritter asked if they could revert the ordinance back to requiring a special use permit if “it didn’t work out,” and learned it would be possible.

During the April 14 joint work session with the planning staff who framed the proposal within a broader goal to “preserve and protect the ambiance and heritage of the County of Moore.” One frequently cited sentiment during the discussion came from Chairman Nick Picerno, who remarked, “Some of the most beautiful places in the county are subdivisions.”

At that work session, Ritter emphasized that limiting large-scale subdivisions in agricultural areas is, in part, about preventing future conflicts between new residents and long-standing farming operations. “A large reason for avoiding major subdivisions in rural agricultural land is to preemptively avoid nuisance claims by new residential residents against farmers who may be spreading chicken manure, for example,” Ritter said.

The current members of the Moore County Subdivision Review Committee are composed of county employees and two citizens.

Ruth Pedersen, Planning

Nathan Hinson, Environmental Health

Brian Patnode, Public Works

Bryan Phillips, Public Safety

Jenny Purvis, Moore County Schools

Rachel Smith, GIS

Kevin Redinger, NCDOT

Jonathan Russell, Soil and Water

Tracey Callicutt, Cooperative Extension

Chris Wiley, Parks and Recreation

Stephen Sheffield, Surveyor

Jennifer Wincklhofer. Citizen

West End Apartments Denied

When commissioners voted that the rezoning request for 11.73 acres for apartments in West End was not consistent with the county’s LUP and denied the conditional rezoning request, the audience erupted in applause.

After the public hearing, the developer requested the board delay and reschedule voting while they adapted their proposal.

“It’s just in the wrong spot,” Picerno said and added they did not want to set a precedent. He said the public hearing proved why the county should replace quasi-judicial hearings for special use permit requests with a Subdivision Review Board because it takes up so much of the commissioners’ time.

The board held a public hearing on rezoning the 11.73 acres at 8003 North Carolina Highway 211 in West End from RA-5 to MF-CZ. Property owner MB Equity LLC requested 134 multifamily apartments. MB Equity, LLC is owned equally by Bradley A. Bostic and Travis A. Morgan.

The applicant sought exceptions to two development standards: lowering parking from two to 1.5 spaces per unit and raising the height limit from 35 to 49 feet in the Highway Corridor Overlay District.

The planning board had unanimously voted 6-0 on Sept. 3 to reject the request for inconsistency with the LUP. The staff report notes nearby multifamily housing and the county’s aim to expand housing options, including workforce housing.

Planning Director Ruth Pedersen said the proposed housing may help commuters.

ExecutivePulse reports that about 29.2% of workers commute from outside of Moore County to work.

Rhetson Companies, the developer, said they had 45 employees, and the office was near the proposed site, and had employees in need of the housing they proposed.

The developer said it wanted to preserve the tree canopy.

Vice Chairman Jim Von Canon said he was “blown away” about the proposal because it was unrealistic without adequate parking.

A debate ensued on demographics pertaining to when residents arrive to allow parking for each and how the applicant intended to screen renters on parking needs.

The developer said the average cost for a one-bedroom would be $1,300, a two-bedroom estimated at $1,600, and the three-bedroom would for rent at $1,800.

Commissioner Tom Adams asked where he found research showing the prices were affordable now or 10 years from now.

Rhetson said the market drives rent prices.

“If you kept rent at the authorized amount, would you be able to supply the parking lot spaces needed?” Von Canon asked.

Rhetson said they had room for additional parking.

Adams suggested the property was not worthy of the price or effort.

Rhetson said if denied, they’d continue to work with the board.

Commissioner Kurt Cook asked how much water and sewage would be used from the subdivision.

Engineer Matt Lowder said about 30,000 gallons per day.

Adams said the subdivision would attract people with children and wanted to know where they would play.

The developer said there was space between the apartment complexes with half an acre.

“But where are you gonna play baseball?” Adams asked about the children’s play area.

The property has a pond and wetlands.

Von Canon asked how much open, usable space there was for children.

The developer said the wooded areas could be used as nature trails.

Commissioner John Ritter said the project should be near a town.

The public hearing had 12 speakers who cited issues with traffic, height, parking, maximizing density, not knowing the square footage of the apartments, no planned children’s play area, fire protection, and argued that it would not preserve the rural landscape and would set a precedent. More apartments are not needed because about apartments are available and the complexes compete with one another to attract renters. They shared urban sprawl and crime increase concerns about the proposed low-income housing.

UDO Chapter 19

Commissioners unanimously denied the UDO amendment to Chapter 19 that would remove the 500‑foot spacing limitation between minor subdivisions (up to four lots).

The board approved text amendments to Chapter 19 that change the development review process for major subdivisions, shifting final preliminary plat approval from commissioners with a quasi-judicial hearing to the administrative Subdivision Review Board, which removes public oversight.

Picerno made the motion to approve, and Von Canon seconded the motion.

Adams requested discussion and said citizens needed to be able to speak about development proposals. Adams voted against the change.

Pedersen said the UDO changes cancel major subdivisions from requiring a quasi-judicial Special Use Permit to becoming a permitted-by-right use in the RA-20, RA-40, and RA-USB zoning districts.

Proponents, including Picerno, argued the shift will lower development costs and expedite project timelines. To maintain public transparency, applicants are now required to post a prominent “Subdivision Decision” sign with 6-inch lettering on the property for at least 10 days following preliminary plat approval, or face having the plat declared null and void.

Under the revised standards, developers have reduced administrative burdens during initial filing stages. The required preliminary plat submissions decrease from 15 copies to three copies, provided at least 10 days prior to review.

The requirement for an approved Stormwater Management Plan and North Carolina Department of Environmental Quality permits will now move from the preliminary plat phase to the final plat approval phase, bringing local review schedules into alignment with state agency timelines.

The planning board offered mixed recommendations on the proposals during its summer meetings. While the board voted unanimously to support reducing submission copy requirements and voted 3-2 to recommend approving the delayed stormwater submission timeline, it voted 7-1 to recommend denial of the core changes that remove quasi-judicial oversight by the commissioners, deeming those specific amendments inconsistent with the county’s LUP.

During the public hearing, Michael Parker said the administrative approval process was full of bureaucrats, and Picerno interrupted him, saying he would not allow Parker’s sentiment about county employees not following rules.

Parker and Picerno disagreed with one another throughout Parker’s allotted public speaking time. Picerno continually interrupted Parker. Picerno called out Parker, saying he used emotion when he stated facts.

Parker is a former state defending attorney. He urged commissioners to deny the change.

“There is nothing in the LUP that requires the proposed UDO changes,” Parker said.

Picerno said people had the chance to buy the land next to them to prevent development.

Parker reviewed a prior quasi-judicial case that was denied and the questions each of the commissioners asked, which Parker said were the same questions he would have asked and are in the UDO.

Parker said the problem with having a Subdivision Review Board was that it was not composed of elected officials who would be held accountable.

The majority of the Subdivision Review Board members are county employees who rely on commissioners to retain their jobs.

While Picerno said he supported property rights for someone to do what they want with their land, but he did not talk about supporting property rights for owners inflicted with an unwelcome development that impacted their enjoyment and peace of their land. He does not like pitting neighbors against one another and ruling over the subdivision decisions. “We’re fussing about two percent of the county,” Picerno said.

When Parker said the stormwater plan needed public review, County Attorney Misty Leland said the public are not professionals.

Parker explained that neighboring property owners have concerns with development and flooding impacts, and there are engineers in the public, and that flooding has spread across the county, and it was because of the increased impervious surfaces.

Clear cutting contributes to flooding, too.

Picerno said one person on the planning board voted for the UDO changes.

Developer and planning board member Ron Jackson cast that opposing vote.

Picerno said permits and fees added to housing costs and made them unaffordable.

Parker handed several pages of research to the board.

At the next meeting, the board will discuss and consider adding a neighborhood meeting for citizens to learn about proposals and ask questions prior to approval.

UDO Chapter 14

The board unanimously approved a request to amend Chapter 14, Appeals & Variances, Section 14.1.B.

“Due to the updated Future Land Use Plan and Map, these amendments to the UDO are needed to ensure that all adopted documents are compliant. The major subdivision reviewal process was moved from a quasi-judicial decision to a review and approval by the Subdivision Review Board (SRB) and that language needed to be added to the appeals section of the UDO,” reads the agenda.

The planning board recommended the change four-to-one in Aug. 2026.

Action Items

The board approved the use of $600,000 in previously allocated athletic funds for LED lighting, irrigation well, and HVAC upgrades at North Moore and Pinecrest High School athletic facilities.

North Moore High School

– LED lighting for football, baseball, softball and tennis: $421,015.00

– LED lighting for gyms: $2,299.35

– Irrigation well: $20,859.00

– HVAC system for the field house (installed by MCS Maintenance): $6,208.43

– Total: $450,381.78

Pinecrest High School

– LED lighting for football, baseball and softball: $551,543.00

– LED lighting for gyms: $3,154.15

– LED lighting for tennis courts: $45,302.85

– Total: $600,000.00

Commissioners approved a $110,250 contract with Davenport Group for 30 Dell rugged laptops for school resource officers, including authority for future contract amendments within set limits.

The next regular meeting is Oct. 26.

Notice is hereby given that the Moore County Board of Commissioners will convene jointly with the Moore Count Planning Board for a Special Meeting on Monday, Oct. 26, at 5 p.m., in the Community Room located on the second floor of the Rick Rhyne Public Safety Center, 302 S. McNeill St., Carthage.

Oct. 22, 2026

Stephanie M. Sellers

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