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JACKSON – The Northampton County Board of Commissioners unanimously denied a rezoning request after a public hearing was held during their meeting on March 17.

The 1.73-acre parcel in question is located on Highway 258 outside of Rich Square, near the intersection of Pinner’s Church Road and Lovers Lane. It’s currently zoned as Agriculture-Residential (AR) and the request was to rezone to Highway Business (HB).

A church is located on the property, and the owner wanted to operate a mental health service out of the building. That particular use is not listed as one of the permitted uses on an AR-zoned property.

Interim Code Enforcement Director Derrick Bennett presented an overview of the request to the board, explaining that the county’s Planning Board had recommended denying the rezoning. Their reasoning was that it would be considered “spot zoning.”

“Spot zoning means you ‘cherry-pick’ one property to be rezoned to another use. That then has implications on the surrounding properties,” Bennett explained.

Guidance from the NC School of Government says that spot zoning is permissible in certain situations but is typically frowned upon.

“In this instance here, the Planning Board did not find any reason to allow spot zoning,” Bennett continued.

Planning Board Chair Albert Vann spoke briefly to explain that all the surrounding properties are zoned AR, and it would set a precedent to spot zone one of them to HB. He noted that all the surrounding properties are residential houses that are located close together, and if the parcel was rezoned and then later fell into the hands of a different owner, they would be allowed to open up a business in the midst of that residential neighborhood.

So that was their reasoning for recommending the denial, Vann stated.

During the public hearing, property owner Dr. Taunya Queen-Melendez spoke to explain what she had planned to do and why she applied to rezone the property.

“I’m a licensed clinical mental health counselor,” she explained. “I’m contracted with Trillium. I have been providing mental health in Bertie County and also Hertford County. I’m not a novice. I do what I do very well, and I have a well-trained staff.”

When she acquired the property last year, she said she thought the church would be suitable to also host her mental health service, since the building has a lot of space. But under the zoning regulations, she said, “there seemed to be no provision for an adult mental health program.”

She said spot zoning wasn’t her intention when she applied for rezoning. She was simply trying to bring more mental health services to Northampton County.

A handful of citizens from the neighboring properties also spoke during the public hearing to ask the commissioners to deny to rezoning request.

Lillie Pernell stated that mental health services were needed in the county, but their community was not the best place for them. Like Vann mentioned earlier, Pernell was also concerned that a future property owner could set up a different business there and negatively impact the surrounding community.

She noted that the area currently is only residential homes and farmland, and it should stay that way. She also suggested other places in Jackson where a mental health program could be located instead.

Geneva Riddick-Faulkner spoke briefly to express concerns about the notification for the hearing. She said she lives close enough to walk across the street to the property, but did not receive any notice for the public hearing.

Like Pernell, she also said their community was not the place for a business operation.

Andrew Moore, who lives nearby on Lovers Lane, described their community as a peaceful place with mostly retired elderly people. He too opposed the rezoning request, and worried that criminal activity might increase if businesses were allowed in the area.

Robin Phillips spoke on behalf of citizens from Pinner’s Church Road, also asking the commissioners to consider denying the request.

After closing the public hearing, the commissioners discussed their decision.

“I would feel the same way if it was in my community,” stated Commissioner Keedra Whitaker. “I think the cause and the purpose is awesome. I just think the location needs to be somewhere else.”

She also said that setting a precedence by spot zoning would not be a good idea.

Commissioner Keith Edwards said he agreed.

“I think we can come together and find an alternative versus disrupting the community,” added Commissioner Kelvin Edwards as well.

He then motioned to deny the rezoning, and Keith Edwards seconded. The vote passed unanimously.

“It will stay as it is,” said Board Chair Ed Martin.

Kelvin Edwards concluded the discussion by asking Dr. Queen-Melendez if they could work together to find a more suitable location, and she responded with a yes.