Planning Board Hear's Ocean-Carova Request To Reconfigure Carova Beach Lots

Here are the meeting minutes from a recent planning board meeting:

PB 08-41 Bissell Professional Group - Text Amendment for RO2 Roads and
Lots: Request to amend UDO Chapter 9: Infrastructure; Chapter 2: Zoning
Districts; and Chapter 10: Subdivision Requirements to allow existing larger
parcels to be re-subdivided into open space subdivisions in the RO2 zoning
district with sand roads that follow the configurations of previously approved
roads and lots (Carova Beach, Swan Beach, etc.) Mark Bissell, Bissell Professional Group, Larry Riggs, Ocean Sands Corporation and Lynne Wilson appeared before the board. Mr. Webb presented the following case analysis to the board.
Link for case analysis for PB 08-41 Bissell Professional Group - Text
Amendment for RO2 Roads and Lots

DISCUSSION
Mr. Kovacs stated if this text amendment was approved by the Planning Board it
would set a precedent on the Outer Banks, as well as the mainland requiring the
same consideration.
Mr. Webb stated this request is only pertaining to the RO2 zoning district.
Mr. West asked if this was approved, how many new lots would be created.
Mr. Webb stated approximately 548 additional lots.
Mr. Kovacs referred to the ocean lots asking if a storm comes through and
washes away part of this lot, would they now be non-conforming lots?
Mr. Webb stated it would be regulated by Coastal Management regulations and
not county regulations. Once a lot is platted even if at a later date it becomes a
non-conforming lot, the county ordinance allows you to build a house.
Subdivision approval occurs at a point in time; basically you take a snapshot of
all the ordinances in place at that time and create a subdivision.
Mr. Kovacs asked if this is approved will the general business go away with this
request.
Mr. Webb stated that there is currently no general business zoning in the RO2
area.
Mr. Bissell stated it is a misunderstanding on the 548 lots. There is no difference
in the number of lots developed if this amendment is adopted vs. the number of lots developed if it is not passed. Mr. Bissell stated it is not 548 lots, but it is
closer to none. The minimum lot size is 2.75 acres and it is just a difference in
how you configure the lots.
Mr. Woody stated that unless you had these lots surveyed, you would not know if
there is a net increase in lots.
Mr. Bissell stated the purpose is not to get more lots; the purpose is to get lots
that are more appropriate with the configuration of the parcels in the
development. Mr. Bissell stated that the residents are concerned with minimizing
the clearing of the Maritime Forrest in a traditional tract of land. The 7:1 ratio is a
benefit because you have 70% less roadway than you would have with a 4:1
ratio.
Mr. Riggs provided an overview of the history in this area.
Mr. Bissell stated if they went with a 4:1 ratio in Section 2 they would end up with
2 ocean front lots instead of 3 and 5 interior lots instead of 4.
Mr. West stated with the 4:1 ratio you would have fewer ocean front lots, but
more internal lots.
Ms. Turner asked why the open space language needs to be in the text
amendment since there are no existing open space parcels.
Mr. Woody stated that zoning districts have standards that are unique to that
zoning district, which is why the open space language is included in this request.
Mr. Bissell stated they have had a local meeting and there was also a meeting at
the local fire department which was well attended.
Mr. Woody stated he attended both meetings. Both the applicant and citizens
worked diligently and tried to find compromises. All parties have worked hard to
find a solution.
Ms. Wilson stated she lives in North Swan Beach and she represents the four
wheel drive community. She attended the meeting at the local fire department
and had another meeting with Mr. Bissell, Mr. Riggs and Mr. Woody. They had
many concerns which were addressed and corrected. The biggest concern is the
7:1 reconfiguration. Mr. Bissell stated with the 7:1 ratio there will be less roads
and maritime forest disturbance. The concept of an open space subdivision, if it
doesn’t result in more lots, is very appealing if it only involves the reconfiguration of lots. Ms. Wilson stated they were very appreciative of Mr. Bissell addressing their concerns, including some concerns that were safety issues. Ms. Wilson stated that in all fairness, speaking for the community this proposal has
presented them with many challenges, but they have been discussed and met
and they have come to an agreement that they are not protesting this request.
Mr. Webb stated that the applicant can take all these parcels and do a single
recombination. By doing this amendment, it saves the applicant six to eight
months in process.
Ms. Turner stated that in the proposal they are not taking back deeded open
space and re-subdividing it; how do you reword this in the text amendment?
The board discussed how it would be reworded in the text amendment. It was
suggested in Item 3, D. add the word “proposed” before open space. It would
read “proposed lots and proposed open space”.
Mr. Bissell stated that the proposed open space would be offered to the county
and if they did not want it, it would be offered to a conservation group.
The board discussed who owns the property from the property line to the ocean.
Mr. Webb stated the property owner, but he cannot restrict public use.

ACTION
Ms. Turner motioned to recommend approval of the Text Amendment for RO2
Roads and Lots with staff recommendations and the addition of language added
to Item 3, D. “proposed” open spaces. Mr. Winter seconded the motion. Ayes:
Ms. Turner, Mr. Bell, Mr. Keel, Mr. Kovacs and Mr. Winter. Nays: Mr. West and
Mr. Midgette.