A Roanoke Rapids developer has appealed the denial by city council of his zoning request, according to a lawsuit filed in Halifax County Superior Court yesterday.
Council turned down the rezoning request of developer Mike Davis, who owns MTD Investments Inc., at its July 28 meeting. Council accepted the recommendation of the planning board, which recommended it turn down Davis’ request to rezone 6.62 acres of land at the end of Downs Brook Drive to multifamily housing. The decision by council was unanimous.
The lawsuit, filed by Cary Whitaker, a Roanoke attorney, says the rezoning would change the zoning of the property from R-12 to R-3, a lawful use under the city’s zoning ordinance.
“The application complied in every respect with the requirements of the zoning ordinance,” the lawsuit says. “No factual reasons were stated by the Respondents for its failure to make the necessary findings to deny the application and its conclusions are not supported by competent evidence in the record.”
The appeal maintains, “The decision of Respondents was arbitrary and capricious in that the Statement of Consistency with Plans to Amend the Land Use Ordinance had already been distributed. The decision of the City Council was arbitrary and capricious in that adjoining property and property which is of a similar nature has been zoned R-3. The reasons set out in the Statement of Consistency with Plans to Amend Land Use Ordinance for denying petitioner’s application are conclusions not supported by the facts.”
Davis said in an interview yesterday he simply wants the decision overturned. This is the second time the rezoning request was turned down. He said the same request was turned down about three or four years ago.
He said the city’s rejection of the rezoning is costing him untold amounts of money. “I could have had it developed and selling property at the peak of the market. There is no justifiable reason. If it was rezoned I would be building townhouses.”
Demand for townhouses is strong, he said. “They sell good. People are looking for places to live with no maintenance.”
