Developer seeks reduction of rezoning application fee The Town Council instructs town staff to gather more information after David Couch’s lawyer says the fee is too high by CHRIS BURRITT SUMMERFIELD – A request by developer David Couch is prompting Summerfield leaders to evaluate how much the town charges for reviewing rezoning applications.
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Last month, Couch asked the town to reduce the application fee as he plans to develop about 1,000 acres, including the residential and commercial expansion of Summerfield Farms. The Town Council instructed town staff to identify fees charged by other North Carolina municipalities for tracts comparable in size to Couch’s property. For rezoning requests of more than five acres, Summerfield charges an application fee of $1,000 for the first acre and another $200 for each additional acre. That would amount to approximately $201,000 for reviewing and processing a rezoning application for Couch if he were to proceed with his development plans. Tom Terrell, a lawyer for Couch, told the council last month the fee is too high and suggested town staff began charging more in July 2019 in anticipation of Couch developing his property. In a letter last month to Town Manager Scott Whitaker, Terrell asked the council to “reverse what appears to be a selective fee imposition.” Whitaker defended town staff during the council’s Aug. 10 meeting, telling the council that he and Planning Manager Chris York had no indication in 2019 that Couch might seek to develop his property, which stretches from Summerfield Road to Interstate 73. Couch unveiled his plans in September 2020, more than a year after the higher rezoning application fee went into effect.
The Northwest Observer • Totally local since 1996 Whitaker presented examples of
fees charged by several other municipalities in North Carolina. The rezoning application fee for 1,000 acres in Oak Ridge would total about $101,000 and $402,000 in the Village of Marvin, a community near Charlotte. “Across the state, planning fees for rezoning are all over the place,” the manager said. During about 50 minutes of discussion by the council, councilman John O’Day offered a motion to cap Summerfield’s rezoning application fee at $100,000. The motion failed for lack of a second by another council member. Later, at the recommendation of council member Reece Walker, the council voted 5-0 to instruct town staff to report back to the council after identifying examples of rezoning application fees for 800 to 1,200 acres charged by other municipalities. Mayor Pro Tem Tim Sessoms said he wants Couch and Terrell to present their views to the council before it acts on their requests. It’s uncertain whether the topic will appear on the agenda for the council’s Sept. 14 meeting, Whitaker said in an email last week. Last month, Terrell requested two other accommodations by the town aside from reducing the rezoning application fee. In May, the council approved an agreement requiring Couch to reimburse Summerfield for legal and other fees incurred during the town’s investigation of his proposed development. The deposit and reimbursement agreement requires an initial deposit of $20,000 by Couch, followed by additional deposits when the balance drops to $5,000. The town will keep the money in a separate account. In his letter to Whitaker, Terrell asked the council to “eliminate a double payment by a town’s citizen for the same services.” In addition, the lawyer suggested the fee for rezoning applicants covered by a deposit and reimbursement agreement
