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Moore County planning board votes 5–4 to recommend denial of Araya garden‑center rezoning
Summary
After public testimony and staff explanation, the Moore County Planning Board voted 5–4 to recommend denial of a request to rezone about 3.59 acres adjacent to an existing garden center from rural agricultural to Highway Commercial (B‑2); proponents cited local business needs while opponents warned of "commercial creep."
The Moore County Planning Board voted 5–4 to recommend denial of a conventional rezoning request for roughly 3.59 acres adjacent to an existing garden center along US Highway 15501 in Carthage. The request, filed to combine the tract with an existing B‑2 parcel, would have rezoned the land from rural agricultural/residential (RA/RA40) to Highway Commercial (B‑2) to allow overflow storage of rock, pallets and other landscape materials.
Planning staff told the board the applicant has already removed a sign from the right of way and taken down a fence after a complaint and that the rezoning would allow the business to meet Highway Corridor Overlay District requirements by moving storage to the side or rear of the site and installing required landscaping buffers. "They had a sign that was in the right of way, which has since been removed," staff said when explaining current noncompliance and the steps the applicant has taken to come into compliance.
Applicant Laura May, who said she and her husband Ricardo Araya operate Araya Outdoor Solutions and the Garden Center, told the board the purchase and requested rezoning of the 3.59 acres would free up the front of the retail site and allow the business to remain compliant and continue serving local landscapers and homeowners. "We are now seeking to rezone the 3.59 acre portion of the property to allow for overflow storage, primarily for large pallets of rock and boulders and back stock of plants, trees, and shrubs," May said.
Opponents argued the rezoning would set a precedent for spot zoning and undermine the county's land‑use plan. Robert Timothy Lee, a longtime resident and former planning board member and county commissioner, urged denial and warned against "commercial creep," citing past cases he said resulted in problematic development. "Once you start allowing that, once you set the parameters to allow it to happen on this piece of property, then that's gonna be used later on," Lee said.
Other public speakers supported the applicant. Bridal Martin Mays, director of a local nature‑immersion nonprofit, and small‑business landscaper Brett Clemons emphasized the company's community contributions and the broader local economic benefits of expanding a locally owned retailer.
Board members debated whether the request should be considered reasonable despite being inconsistent with the county's Future Land Use Map as currently shown. Staff noted the future land use map did not reflect that the adjacent parcel has been zoned B‑2 since 1999 and said a rezoning decision could be accompanied by an update to the land use map.
The board first considered a motion to recommend approval; that motion failed by voice vote with four ayes and five opposed. A subsequent motion to recommend denial passed 5–4. As a recommendation action, the denial will be forwarded to the Moore County Board of Commissioners for final consideration.
The application materials in the planning packet list the owner as Araya/Grama Associates and cite Deed Book 6,273, page 545 and the parcel identification shown in county tax records. Planning staff also noted the site sits within a WS3P watershed and is subject to the Highway Corridor Overlay District standards.
The Moore County Planning Board’s recommendation does not by itself change zoning; the County Commissioners will consider the board's recommendation at a future meeting.
