Follow up article on Commercial Development

The Daily Advance posted a detailed article on the recent Commissioners meeting, see below:

Currituck denies OBX commercial project

By Cindy Beamon

The Daily Advance

Tuesday, May 17, 2011

CURRITUCK — A ban on building businesses along Currituck’s remote beaches remains intact after a developer’s challenge fell in the face of heavy opposition Monday night.

Before a standing-room-only crowd, commissioners unanimously voted down a developer’s plans to build a cluster of cottage suites and businesses in the four-wheel drive area. The decision upholds a 30-year-old policy to restrict business and discourage development in the northern Outer Banks.

The proposal was developer Chip Friedman’s third attempt to rezone property in Swan Beach since 2004. Planning director Ben Woody said the developer’s request is the 10th challenge to the ban since 1980s.

Local residents had feared approval of the project would lead to more commercial growth along the remote stretch of beach. Lynne Wilson, spokeswoman for the Off-Roads Community, said the “domino effect of commercial rezoning requests” would commercialize the area and endanger the wild horse habitat, fast shrinking as development presses north on the Outer Banks.

In recent months, Friedman had pointed to home-based businesses in the area as evidence that more commercial services were needed. Friedman also charged that the county was “turning a blind eye” to existing illegal businesses while blocking commercial use of his property.

Friedman’s charges prompted a county investigation of 27 properties and resulted in citations for nine violations, Woody said.

An attorney for Outer Banks residents argued that the investigation should not be grounds for opening up commercial growth in the area. Attorney Lars Simonsen said “mere laxity in enforcement” was not the same as discrimination against the developer and encouraged the county to deny the rezoning and continue enforcing rules for home-based businesses.

The debate has raised questions about how the county should regulate needed services — like trash collection — in the off-road area.

Before voting against the project, county commissioners discussed the need for a study to direct growth in the area. At question is how the county can restrict development while allowing necessary services in the residential-only district.

At Monday’s meeting, attorneys for both Friedman and property owners in Swan Beach faced off with a variety of arguments about the project.

Simonsen argued that the developer’s request equated to “illegal spot zoning,” and would give the developer an unfair advantage over existing landowners restricted to residential use of their properties.

He also said widespread opposition to the project should also factor into the board’s decision. One Carova resident said that opposition included a petition with 1,000 signatures.

John Morrison, an attorney for Friedman, countered that the conditional rezoning would actually give the county more control over development of the property. He said the commercial project would be subject to more scrutiny than an ordinary residence.

“You know exactly what the property will be used for,” Morrison said.

He acknowledged the request was “politically unpopular” but argued the project would have no more impact than “beach mansions” with 20-plus bedrooms.

“Ultimately this comes down to an issue of fairness. Can you distinguish between what these folks want to do and what is already up there and allowable now?” Morrison asked.

Swan Beach residents disputed that claim, however. Several said the impact of the commercial development would be different from a house — even a very big house.

Jane Overstreet of Swan Beach argued that the big beach homes are on 10-acre lots and would not yield the same density as the 294-unit project on 37 acres that Friedman was proposing.

Mike Long of Corolla said the cottage suites would also attract a different type of vacationer. Families are more inclined to rent the larger homes, Long said. The off-road community also includes permanent residences and investment homes for people hoping to retire there, he said.

Long said the cottage suites would attract smaller groups who demand more entertainment and services outside of their smaller-scale lodging. The result would be more demand for commercial services in an area where growth should be discouraged, he said.