Commercial Historic Overlay District Denied.

Here's the follow-up in the local Daily Advance by Brenda Kleman from the BOC meeting as reported previously:

By Brenda Kleman
Correspondent

CURRITUCK — Carova residents came out in full force Monday and once again managed to thwart attempts to open up the off-road Swan Beach district to more intense development.

About 70 residents and several environmental advocates filled the Board of Commissioner’s meeting room to oppose developer Gerald Friedman’s request to amend the county’s Unified Development Ordinance to create an off-road historic village overlay district in Swan Beach.

Following a long session of public comment, the board voted unanimously to kill the proposed amendment.

If approved, the action would have opened the door to allow overlay districts on parcels greater than 20 acres for shops, professional offices, churches, convenience stores and inns.

Twenty-eight people urged the board to deny the amendment claiming that it would entice more tourists to converge on the quiet residential village and exasperate public safety and environmental concerns.

Carova resident Elizabeth White said, “Over the last few weeks there has been overwhelming, consistent, strong opposition by the general public to any type of commercial development in the off-road area.”

She added that 1,000 tourists and property owners signed a petition opposing the overlay district.

But Friedman argued that opening up the area to commercial use would help stimulate the economy and increase the county’s tax base. He added that when his Swan Beach property was platted and approved by the Board of Commissioners in 1969, it included both residential and commercial uses.

“My rights to my property are just as important as your rights to your property,” Friedman said.


Several residents told the commissioners that the overlay district and commercial development were inconsistent with the policies of the 2006 Land Use Plan. One of them, Lynn Wilson added that the LUP and state statutes prohibit local leaders from approving development in areas of environmental concern.

Karen McCalpin, director of the Corolla Wild Horse Fund, said that she adamantly opposes Carova commercial development as it would jeopardize the public safety and welfare of the horses that are a big part of Currituck’s history. But, Friedman told the commissioners that the horses have 17,000 acres and he only has 25.

Edna Baden, with the Whalehead Trust, said that opening the area to commercial development would hurt the county’s nature tourism since Carova is a relatively undisturbed area that has a wildlife refuge and the horses. She added that it would affect the county’s eco-tourism, which is becoming the nation’s fastest growing segment of tourism.

Former Fire Chief Marshall Cherry said that hotels and commercial businesses would greatly increase tourism and create huge demands for fire and rescue services.

Friedman’s representatives asked the commissioners to put aside emotions associated with the overlay district and consider the legalities. His attorney, Bryan Plumlee, said that his client has a vested right to develop the property since the Board of Commissioners, in 1969, approved his plat which allows for both residential and commercial development.

Plumlee added that Friedman entered into a contractual agreement with the 1969 board and that it should be honored.

However, county attorney Ike McRee disagreed saying that at the time H.D. Newbern, as commissioner chairman, signed off on the plat, there was no zoning ordinance in effect. He added that after zoning was adopted, Freidman never developed the property for commercial uses and therefore has no vested rights.

McRee also said that no site plan for the property was ever submitted and approved, and that North Carolina does not have laws pertaining to contract zoning. He advised the commissioners to use their discretion based on laws and the Land Use plan.

Chairman Barry Nelms motioned to oppose the text amendment and the rest of the board agreed.

Afterwards, when asked if he would pursue legal action, Plumlee said, “The county seems to leave me no other option.”

PREVIOUS POST:
As of 1 min ago, all 5 Commissioners denied the request for Commercial development in Swan Beach. More information to follow in the next days. To watch the Commissioners' meeting video, click here

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.

Currituck County Commissioner Election Results

From the Currituck County's website produced the election results updates below. Also see the following links for local articles on the election:

Republicans Sweep Currituck
Victors to work with Dems

November 4 Election Results

Currituck County Board of Commissioners Adds New Members

Voters in Currituck County participated in a historic election on November 4, 2008, both in the national election for President and in local races as the county's Board of Commissioners expands from five members to seven.

Incumbent Republican Commissioner Owen Etheridge won his re-election bid in District 4, and three new members gained seats in other races. Republican Vance Aydlett, Jr. was elected in District 1, Republican John D. Rorer won election in District 2, and Republican Paul O'Neal was elected to the Board's new At-Large seat.

The four newly elected commissioners will join three current members - Democratic Commissioners Barry Nelms, Gene Gregory and Janet Taylor - to form Currituck's first seven-member Board of Commissioners. The new Board of Commissioners will officially be seated in December 2008.

For more information regarding the November 4 Election, contact the Currituck Board of Elections at 232-2525.

Candidates don't want the "No Bridge Option"

All: Sorry for the delay but I have been out of town visiting extended family. Here's an article by the Daily Advance's Jennifer Preyss on where some candidates for commissioner stand on the bridge options.

By JENNIFER PREYSS
Staff Writer

Saturday, October 25, 2008

Candidates for the Currituck Board of Commissioners say they’d support a state highway improvementoption that includes building a Mid-Currituck bridge and the least amount of road widening.

Five candidates shared their views on the proposed N.C. Turnpike Authority project during several recent community forums, and all agreed that the agency’s no-bridge option likely won’t be an option.

“My heart tells me one thing and my head tells me another,” said Republican District 1 candidate Vance Aydlett. “If the no-bridge option is really not realistic, then I would support (the third option).”

The third, also referred to as option MCB4, would cost $480 million and include the least amount of road widening on Highways U.S. 158 and N.C. 12.

The first “no-bridge” option, also called ER2, is the least costly at $315 million, but features extensive widening of both highways.

The second option (called MCB2) is the most expensive at $635 million. It also includes building a bridge across the Currituck Sound, from south of Coinjock on the mainland to south of Corolla on the Outer Banks. It also includes more road widening than the third option, including all of N.C. 12 from Corolla to the Wright Memorial Bridge.

Joining Aydlett in supporting the third option were Democrat at-large candidate Stanley Griggs, Democrat District 4 candidate Johnny Messina, Republican District 2 candidate John Rorer and Republican District 4 incumbent Owen Etheridge.

The Turnpike Authority will soon release an environmental impact study of the three alternatives for the Mid-Currituck toll-bridge project.

Officials anticipate awarding the project contract in early 2010 and project opening to traffic sometime in 2013.

The project is expected to improve traffic flow between U.S. 158 and N.C. 12, while reducing travel time between Currituck’s Outer Banks and the mainland. Also, in the event of a hurricane, the bridge will help reduce evacuation time.

While the no-bridge option was not originally part of the design, the turnpike authority was encouraged to include that alternative after recommendations from environmental agencies and reviewing public comments from public forums.

Many of the candidates however, agree the no-bridge option simply isn’t viable.

Adylett, among others, said they supportminimal road widening that the third option offers, although he noted concern for residents who live near the proposed bridge construction site.

“I’m concerned what will happen to them, it’s really a tough decision.”

Griggs agreed.

“I think third is the best option, but what needs to be decided now, is if that will adequately handle the traffic,” Griggs said.

But even while determining how traffic will increase in with the addition of the bridge, Griggs said the bridge will not attract an overwhelming flow of cars.

“(Traffic increase) is not going to be two-fold, it will be a modest increase at most.”

Messina, who also supports the third option, said he’d like to see the least amount of road widening down N.C. 12.

“I definitely think (the third option) will help with traffic, but we want to be careful about the road widening there,” Messina said.

Rorer said he favors the third option because it is the “only reasonable alternative.”

“(Third) is the least expensive and disruptive of the toll bridge options,” Rorer said.

Etheridge, who is up for re-election, said he will never support the no-bridge option because of the potential harm the extensive road widening.

“I will never agree to have road widening from one end of the county to the other,” Etheridge said. “It would devastate the county.”

Etheridge also favors the third option because it has the least amount of road widening on N.C. 12.

“With (the third), we could always go back and make adjustments later,” he said. “(It) would have the least amount of harm.”

In addition to the bridge proposals themselves, the turnpike authority has outlined two prospective termini locations within the second and third options.

Known as C1 and C2, the exit points are located within two miles of each other.

Bridge terminus C1, would end in the Corolla Bay subdivision, while C2 would end two miles south near Albacore Street.

Each candidate interviewed agreed C1 was the better terminus choice because Corolla Bay has substantially less congestion that the C2 location, near Albacore Street.

“There’s less development in Corolla Bay, and it gives the public more input on development near the bridge,” Messina said.

Bridge Plans Moving Forward, Narrowed Down To 3 Options

The NC TurnPike Authority has recently released their newsletter in October 2008 that inicates that the financial feasibility study is complete. There have been 4 proposers to make the list for the project. Additionally, the NCTA has narrowed down the Mid-Currituck Bridge Project to the following three options:




One option, ER2, includes not building the bridge but improving and widening US 158 and RT 12. This would involve a '6-8 lane Superstreet' between the Wright Memorial Bridge and Rt 12 whereby entering sidestreet traffic could only turn right.







The second option, MCB2, involves a combination of building the bridge AND making road widenings along US 158 and Rt12. Road widenings would not be to the extent of the first option, ER2.








The third option, MCB4, is more of a straight bridge only the least amount of road widening manipulations of existing infrastructure.








Up next in 2009 will be the draft and final environmental impact statement with an outcome decision hopefully to be had in late 2009. I'll update as more information becomes available. For the latest and most detailed information, visit the NCTA's website directly.

Outer Banks Tourism remains robust in current economy

Reports of year to date through August show that the Outer Banks still has a healthy tourism industry. Below is the full article from the Virginian-Pilot's Catherine Kozak:

Amid rocky economy, tourism sailed along in Outer Banks

By Catherine Kozak
The Virginian-Pilot
© October 3, 2008
Despite belt-tightening by the traveling public, Dare County showed a healthy increase in dollars spent in August on accommodations.

"This is probably the biggest August we've ever had in the 11 years we've been keeping records," Carolyn McCormick, managing director of the Outer Banks Visitors Bureau, said Thursday.

Gross occupancy receipts were up 13.7 percent over August 2007, with travelers spending almost $96 million on motels, hotels, campgrounds, cottage courts and rental homes, the bureau reported.

McCormick said the Labor Day weekend that began on Aug. 29, the month's fifth weekend, may have affected some of the data comparisons, because the holiday weekend started in one month and ended in another. But variables are typically factored in when calculating the numbers.

Even so, the good news for Dare County, she said, is the figures show that although many visitors may be pinching pennies, they're coming to the Outer Banks and staying at least one night.

"What we have is a convergence of things," McCormick said. "People are still traveling, but they're spending less money when it comes to things like a T-shirt.

"We are closer to more people," she said. "We are easy to get to. We are a safe, beautiful place."

From Jan. 1 through Aug. 31, gross occupancy figures - net dollars spent on an overnight accommodation - show an increase of 3.9 percent over 2007, according to a bureau news release. Receipts for prepared meals in August increased 2.8 percent over last year.

But all is not rosy; August visitation figures have shown a downturn at some sites. At the North Carolina Aquarium on Roanoke Island, for instance, there were 51,468 visitors in 2008, compared with 55,279 in 2007; the Whalebone Welcome Center had 7,353 visitors in 2008 and 8,466 in 2007; Aycock Brown Welcome Center had 45,241 this year and 47,310 last year; the Cape Hatteras visitor center had 65,629 visitors this year and 66,496 last year; and the Hatteras-Ocracoke ferry had 152,308 passengers in 2008 and 178,682 in 2007.

Fort Raleigh National Historic Site, Wright Brothers National Memorial, Cape Hatteras Lighthouse and Cape Hatteras National Seashore, however, all showed increases in August visitation.

McCormick said the bureau has worked to counter the weak economy by stepping up advertising, even through the summer. It has also capitalized on the just-released "Nights in Rodanthe" movie, which was shot on the Outer Banks, with partnerships and national and overseas marketing.

But McCormick said she knows that the country, and as a consequence, the tourism industry, faces a tough year ahead.

"I'm worried about the credit situation," she said, "because a lot of people do put their vacations on credit."

Catherine Kozak, (252) 441-1711, cate.kozak@pilotonline.com

Carova Beach Park Open For Business

As many of you have seen the Carova Beach Park is now open to all. Tab Winborne, owner of the Tab Winborne Corporation and general contractor for the construction of the project finished the park (ahead of schedule) in early September. I asked him to give me the park's latest update and his email reply was as follows:

Jason,

Thank you for your recent inquiry about the Carova Beach Park.

The park was completed in August and opened to the public in Early September. The park has become a destination for people in the area. By truck, by foot and by boat everyone stops in. Any time during the day you can find people walking their dogs, fishing and crabbing on the bulkhead and walks or picnicking under one of the 4 shelters. The park is equipped with a professional size volley ball court, horseshoe pits, grills and did I mention it has the only public restrooms in the 4 x 4 area.

Since your last update the County realized there was a need for a larger gathering area. So an additional picnic shelter was added to the three original shelters. The new and largest shelter is over 1800 square foot with a concrete slab, 8 x 8 support post and fancy rafter tails. The big shelter, with views along the water front, has 6 large picnic tables and grills. This shelter is perfect for a reunion, gathering, community meeting or church group.

The footprint of the park allows plenty of room for expansion. The county has welcomed input from the community. I have had several people inquire about a playground & swings for children (yes, my children have their fingers crossed). I would encourage your readers to contact the Managers office if they have ideas.

There was a request to hold off on the boat ramp and investigate the possibility of dredging the entire canal area along the park. We are in the process of the permit stage to acquire another major CAMA permit required for the additional dredging. The standard review for this type of permit is expected to take nine months. We hope the boat ramp will be installed by next summer.

The pier, bulkhead and walks currently allow for 8 mooring slips and the possibility to up-graded to 10 if more room is needed.

We are very proud of the park and honored the County choose our firm to complete the project. This park will be a great addition to the community.


Tab Winborne
Tab Winborne Corporation
757 237 2802
tabwinborne@aol.com

Commercial Development in Swan Beach

Unlike previously reported, we seem to now have confirmation that the proposal is moving forward for the commercial component in Swan beach. Here's the report from the Virginia Pilot's Jeff Hampton.

By Jeff Hampton
The Virginian-Pilot
© September 25, 2008
SWAN BEACH

Plans have resurfaced for a commercial development, including a 50-room inn, on the northern Currituck Outer Banks where wild horses roam.

Residents in Currituck's four-wheel drive area have begun mustering opposition, as they did four years ago, when the project was withdrawn.

Developer Gerald Friedman of Norfolk wants the Currituck County Board of Commissioners to amend the development ordinance to allow "off road historic village commercial overlay" districts. If that passes, commissioners would be asked to designate Friedman's 25.77-acre site on Ocean Pearl Road and Albatross Lane in Swan Beach as such a district.

Allowed uses, all of which are listed in Friedman's plan, include a 50-room inn, a convenience store, county services such as a fire department, a church, professional offices and apartments.

Commissioners are scheduled to vote on the request at the Nov. 17 board meeting, said Ben Woody, director of the county planning department.

Residents have created a blogspot that includes a link to a petition against the project.

"This is the last sanctuary for the wild horses," Lynne Wilson, a resident and member of the Northern Currituck Beaches Task Force, said in an e-mail. "Commercialization would certainly bring an end to their safety and ultimately their freedom. Where will they go?"

Wilson said residents are concerned that if overlay districts are approved, they could be applied anywhere in the northern Currituck Outer Banks.

The project envisioned by Friedman was first proposed in 2004 but withdrawn from the agenda of a Board of Commissioners meeting in 2005. At the time, the planning staff and the planning board did not recommend the project, basing their decisions largely on the county's land-use plan, which calls for the four-wheel-drive area to remain sparsely developed. Three weeks ago, Friedman's attorney asked county officials to reactivate the approval process.

The north beach communities were platted in the 1960s and 1970s with plans for a future paved road. On old plats, the tract proposed for the commercial overlay district was labeled as a business district. Currituck officials maintain the old maps do not override the residential zoning there.

Friedman has owned and paid taxes on the property since 1966, he said Wednesday. The business district was part of a contract signed by county officials at the time and filed with the plats, he said.

"I hope the county has enough class to honor their contract," Friedman said.

The herd of wild horses roams in about 17,000 acres between a fence that runs from ocean to sound north of Corolla to another fence at the Virginia line about 12 miles north. Horses often graze around homes there. But much of the area remains undeveloped, owned by the state and federal governments.

Jeff Hampton, (252) 338-0159, jeff.hampton@pilotonline.com

Previous Post from 9-24-08



I received a comment on the last post that I felt should be brought out in the form of another post.

Jason
I understand there are a few proposals for commercial development in the four wheel drive area. I am very curious about all of them. I do some retail business and wonder if there is the possibility of retail opening up up there.

I have heard, though I am making an effort to confirm directly, that there may be a proposal presented to the county commissioners again at their November 17th meeting to make a UDO amendment to create an Off Road Historic Village Commercial Overlay District on the North end of Swan Beach. The developer, Swan Beach Corolla, LLC, initially attempted something similar to this in 2005 but removed it from the agenda before the Board was to take action. It appears this is a very similar plan or a reinstatement of that plan. One group opposed to such a plan has posted a copy of the request on their blog. I'll update more as I receive verifiable information.

Outcome of the Public Hearing regarding the Development Proposals in Carova

The Currituck Couty Commissioners voted in favor (4-1) to approve the measure. The minutes from the meeting and the Video of the session can be found here

Previous Post:

It is apparent from the response and phone calls that the last post entry was not comprehensive enough for many of you. Let me clarify what the public hearing is about and give a little history.

There are three large areas in the Carova Beach subdivision that were originally platted for business use though never actually zoned as commercial property; one area by the fire station, one area at MP 23, and one area at the Virginia line.

Now the owner/developer of the Carova parcels, Ocean-Carova, would like to reconfigure the large parcels into residential building sites to be sold off in the future. These lots will be much larger than the current Carova single family residential lots because they have to conform to current Currituck County lot size requirements, thus the density will be much less than what currently exists. Additionally, the developers are proposing that a number of acres be deeded to Currituck County for its land bank. Those who champion less development and no commercial activity should be thrilled at the proposal as this is probably the best case scenario for lower density while still maintaining some economic viability for the developers.

Here's where the public hearing comes into play: Since all three parcels have portions in the Area of Environmental Concern (AEC), it falls into the Coastal Resources Commission's CAMA jurisdiction. CAMA (Coastal Area Management Act)is enforced by the CRC who reviewed the proposal and noticed that there were certain breaks in the dune line that were being used as driving easements that were not platted to be there. Additionally, there are easements that have been platted to exist that are not being utilized. So, the CRC indicated that it was their preference that instead of blocking off the illegal dune cross-overs and bulldozing the dunes where the easements should be, why not just establish easements where people are driving and remove the platted easements that have not been physically cut in? Ultimately the theory is that there will be less frontal dune disturbance that way. To make such a shift of easements requires a public hearing, so there you have it. Note: The easements only impact land between Sandfiddler Road and the Ocean.

Re-establishing Northern most Carova Roads

Currituck Planning Dept received a proposal for the 3 northern, formerly commercial sections, in Carova to accommodate residential lots. Below is the article from the Daily Advance by staff writer, Jennifer Preyss. (Note it is Carova, not Corova)

Friday, August 22, 2008

Currituck's planning director says revised plans for several sand streets in Corova Beach do not call for the streets to be closed.

Ocean Corova developers Larry Riggs and Glenn Gray have submitted a proposal that would decrease the size of the existing business plats to make way for oceanfront homes. Several decades ago, though, the land was zoned for residential use but was platted for a business district. So, the existing plats must be scaled down to an appropriate size for home building, said Ben Woody, the planning director.

The lots vary in size, but each block is several acres and far too large to build an average-sized home on.

In the process of decreasing the size of the blocks to accommodate a new residential neighborhood, several of the existing nearby sand roads will need to be re-established and moved.

Residents have expressed concern that Ocean Corova developers' request to change the business blocks may result in the closing of Shark Lane, Rock Lane and Shad Lane, where four-wheel-driving is currently permitted.

"(The developers) are not closing the roads, they're moving streets to combine streets," Woody said.

Planning maps indicate the lanes run in straight lines toward the ocean, passing over dune areas. But the existing roads are incompatible for new development. The recommended right-of-way size is too small and the roads cannot accommodate two-lane driving.

In addition, Woody says that many drivers simply ignore the sand street parameters because they are an off-road area.

"(Drivers) will actually drive off Shark Lane, sometimes ending up in Riggs' backyard, and they don't even know it," Woody said.

Residents have been hesitant in the past to improve the sand roads because they say doing so would make the area less rural, create additional traffic and congestion, and possibly harm the wild horses and other wildlife.

If Riggs' planning request is granted, the roads would be placed near their original location, but in an area that would make sense for development.

"The only disadvantage to improving the existing (roads) is it would disturb some of the dunes," Woody said. "But (re-establishing) the roads isn't to the detriment of residents."

A public hearing is scheduled for Sept. 2 for members of the community to voice concerns and ask developers questions.

COBRA Flood Insurance Premiums more attractive and accurate in 4WD area.

As previously stated, I have been working closely with a wholesale and a retail insurance outfit to formulate an flood insurance policy program that more accurately analyzes the risks associated with a dwelling and takes into account a number of factors when determining a policy premium.

The Problem: To date, nearly every policy written has only required an elevation certificate to determine the risk. Having visited Lloyd's of London and witnessed how the end user (insurer) determines the risk, this is very disadvantageous to the homeowner because there are a number of unknowns that the insurer must assume the worst.

The Solution: In addition to providing the elevation certificate data the insurers are used to seeing, help fill in the blanks or unknowns for them so that they do not assume the worst. In the meetings I attended, all of the insurers we spoke with were very open to being supplied more data and indicated they would treat the premiums with more careful consideration. They asked us to provide a premium model that distributed various weights to certain characteristics that would either increase or decrease the premium amount. Characteristics such as distance to the Ocean, primary dune height, total property value, and protection between dwelling and the Ocean, as well as construction style/standards were among a number to be considered.

Test Case 1: I decided to submit a house that is to be a model for what the insurers want to cover and see how low they would consider a home in the most hazardous flood zone, VE. A large Oceanfront home was coming up for renewal and was current paying $11,600 with a $50,000 deductible. They we set back very far from the Ocean, had NO groundfloor enclosure, and a very stable and high primary dune in front of their property. Since it was a renewal, the homeowners (and their bank) were fine with the same $50K deductible. After submitting topo surveys, elevation certificates, plans, photos during and after construction, as well as dune heights and distances to the Ocean, the premium model computed a figure of $5,600 and it was accepted! That was a $6,000 difference for the exact same coverage on the exact same property.

Test Case 2: The second house submitted was a 3rd row house that was under contract and the new owners had to purchase a flood policy. The house did have a ground floor enclosure but the elevation of the grade at the house was 20 ft, 8 ft above the base flood elevation. They too have a good distance from the Ocean even though the dune size is not as prevalent. Additionally, their deductible was $25,000 instead of $50,000. Their premium was placed at $6,800, significantly better than every other quote they received.

Premiums are getting better, or at least more accurate. With lot prices where they are and building code requiring smart construction, new homes will inevitably receive some of the very best rates available. Existing owners, feel free to email me if you want to try and get a better policy. Most existing policies can be refunded after 3 months without penalty.

Best,

Jason

Waterfront Owners in Carova should remain unaffected

I have gotten a number of questions from canalfront owners concerned that their setbacks will be impacted from the new Coastal Stormwater Rules recently approved in North Carolina. The current setback of 30ft from the water will remain UNCHANGED. Currituck County, encompassing all of the Carova area, does not have what is considered to be shellfish waters.

Coastal Stormwater Rules are tweaked with new version passed through Senate Committee

Here's is a recent update from Willo Kelly, the extremely hard working Government Affairs Director for the Outer Banks Realtors and Home Builders, on the latest developments on the Coastal Stormwater Rules:


Special Legislative Alert

July 9, 2008

Stormwater Rules Update:

NC Senate Bill 1967, a bill that would disapprove the March 2008 EMC approved Coastal Stormwater Rules and that would super cede the current Coastal Stormwater Rules that have been in effect since 1995, was approved yesterday by the Senate Committee on Agriculture/Environment/Natural Resources. The bill now goes to the House committee for approval.

To clarify info included in the last Legislative Briefing:

The Coastal Stormwater permitting threshold for residential development is one acre of land disturbance (development which would require a Sedimentation and Erosion Control Plan or that requires a CAMA Major Permit).
If a permit is required, the low-density development thresholds are 12% built-upon area within 1/2 mile of SA Waters and 24% built-upon area outside 1/2 mile of SA Waters. If built-upon area exceeds that percentage, then a project would need to meet the requirements of a high density permit.
The non-residential(commercial, industrial, any development other than residential) permitting threshold for all twenty coastal counties is 10,000 square feet of built-upon area or development that requires a Sedimentation and Erosion Control Plan. There has not been language added to provide relief to those properties less than an acre and not contiguous to other commercial property outside of 1/2 mile of SA waters.
A 50 ft. vegetated buffer (defined in the rules) is required for new development and a maximum 30 ft. buffer is required for redevelopment. These buffer requirements only apply if you need to get a stormwater permit. It was anticipated that this would be changed back to the current 30 ft. requirement since a 50 ft. buffer is more restrictive than Phase II rules and a minimum requirement of a 30 ft. buffer is acceptable under the voluntary Universal Stormwater Management Program.
CAMA wetlands are now the only wetlands being excluded from built-upon area (impervious surface) calculations. The EMC rules excluded all wetlands - 404 and non-404 jurisdictional wetland from built-upon area calculations.
There is a provision [Section 2.(c)] that if you are not required to get a residential stormwater permit (over an acre of land disturbance as described above) but are within 1/2 mile of SA waters and will have residential development over 12% built-upon area and that built-upon area is over 10,000 sq. ft. impervious surface, then you will be required to obtain a special non-renewable, one time only permit which will be recorded with the deed or included with restrictive covenants. In calculating when this provision may apply - you would need a lot that is approx. 85,000 sq. ft for the minimum of 10,000 sq. ft built-upon area AND over the minimum 12 % threshold to kick in. With most towns/Counties allowing only 30% lot coverage - your lot would have to be approx. 33,000 sq. ft. to even be allowed to have 10,000 sq. ft of built-upon area.
Lots that are "platted" are not vested under the current rules. If you have a lot that is part of subdivision that has already been issued a stormwater permit, then you do not have to comply with these rules. Other exclusions to the rules are listed under Section 2.(d).
The effective date of the disapproval of the EMC rules is when the General Assembly adjourns. This is necessary so that the EMC rules do not become effective. The effective date of the implementation of these new rules will be October 1, 2008.
There are exclusions to the vegetative buffer requirement - they are listed under Section 2.(e).
There have been many questions about 15,000 sq. ft. lots in Colington and how would the rules apply to them - They would be exempt because you could not have 2/3 of the lot covered with impervious surfaces (10,000 sq. ft) and you would not have one acre of land disturbance.
A map of SA waters can be found at here. There are no SA waters in Currituck County and only in parts of Dare County.
Senate Bill 1967 is attached and a handy, easy to follow flow-chart outlining the permitting thresholds and requirements of the rules.

Updates will follow as soon as new information becomes available.



Willo Kelly
Government Affairs Director
Outer Banks Home Builders Association
Outer Banks Association of Realtors

Lloyd's of London meetings on flood insurance for Carova Beach

Many of you know that I recently was asked to go and speak with a number of syndicates at the Lloyd's of London market in the UK. The sole purpose of my being there was to offer full market perspective to the underwriters about how CBRS flood insurance, calculated risk, and current lending and market conditions are interacting in the 4WD Area of the Outer Banks. It is no secret that flood insurance can be rather expensive in certain flood zones of a 'COBRA' area and obtaining coverage essentially forces you to purchase a flood policy through Lloyd's. To date, policy premiums have essentially been designed to have a minimum base premium price. From this base price, the premium gets more expensive if you have certain enclosures, less desirable elevations, etc...

I have always lobbied hard for the fact that there needs to be an "average" premium price for the "typical" home constructed in the 4WD area. From this sort of average standard, homeowners could then be rewarded or penalized with their premiums depending on factors such as elevation, preventative construction standards, groundfloor enclosures, proximity to the ocean, frontal dunes, etc... This method would allow a more accurate assessment of the property and thus a more accurate premium rate.

We further contested that rates should take into consideration all of the factors listed above and more when providing a quote. Currently the underwriters only use an elevation certificate with their application. They have no indication for such things as how far the water is (they assume the worst case scenario) or what kind of construction methods were used.

The underwriters of certain syndicates welcomed the idea of additional data and indicated that significant consideration would be given if they got a better sense of what they were quoting. I have sent a test case to see what they will say.

The last front of the appeal came in the form of deductible options. Currently most syndicates require a $50K or $25K deductible. Some lenders are not keen on the deductible amount being that high and won't quote reasonable rates or even quote rates at all. The underwriters seemed willing to allow us to design a flood policy that would allow some ala carte options such as choosing the deductible amount (ie $12.5K, 25K, 50K), coverage options/restrictions, etc... I was very encouraged by the meetings and their willingness to let us tweak some policies to give homeowners needing the flood insurance some options.

With all of that, we should be able to have some flood programs in place by mid-July that should be significantly more accurate and less expensive. Obviously the best rates will be for those without the enclosures on the groundfloor, the ones with good elevations above base flood, good dunes, etc... I would argue that is the way it should be. With current construction standards in place for coastal areas, new construction will inevitably offer some of the best premiums available.

Stay Tuned!

Senate Budget Proposal Allocates Funds For Bridge

It seems there is quite a bit of momentum for the Mid-County Bridge nowadays. A recent report shows a healthy amount of private investors lining up for th project and now the "public" portion of this project has allocated funds in the State Budget. Below is the full article from the Daily Advance:


By Zac Goldstein
Staff Writer
Daily Advance

Thursday, June 19, 2008

The budget proposed by the state Senate on Tuesday includes $15 million per year for the mid-Currituck Bridge.

The proposed two-lane, seven mile bridge would link Currituck's mainland near Aydlett with the Outer Banks south of Corolla across the Currituck Sound. The bridge has an estimated price tag of nearly $460 million and is set to open in 2013.

Partial funding for the bridge comes from a provision in the Senate budget which allows money from the Highway Trust Fund to go to the North Carolina Turnpike Authority for construction of toll roads. Of the $64 million appropriated annually from the Highway Trust Fund, $15 million will go to debt servicing and other financing expenses for the bridge over 39 years.

With costs factored in, about $198 million will go toward the bridge, according to the Turnpike Authority.

"After many years of hard work, the Mid-Currituck Bridge is coming closer to being built to benefit the residents and visitors of the northern Outer Banks," state Sen. Marc Basnight, D-Dare, said in a release.

Basnight, an early supporter of the bridge, said the budget provision would allow the bridge to be built with environmentally friendly features such as a pedestrian walkway and a bike path.

The budget, including the funding provision, has yet to be voted on by the full Senate. Even if it is adopted, the bridge will remain a public-private partnership with private investors picking up the remainder of the bridge's cost. The Turnpike Authority is currently soliciting qualifications from investors and contractor to design, build and finance the project.

While a toll for the bridge has yet to be determined, the Turnpike Authority had proposed $12 for a round trip over 39 years in order to pay back investors. According to the Turnpike Authority, the estimated toll amount will not be affected by the budget provision as the toll amount was calculated with the state funding in mind.

When complete, the bridge is expected to relieve congestion on the Wright Memorial Bridge which links Currituck and Dare counties.

The economic outlook for is summer still looks good.

Though Memorial Day figures are fully realized yet, the summer should still be bustling with our Summer guests. See a recent article for a more detailed breakdown

Taxes proposed to stay the same, more law enforcement for Corolla

In the County Manager's budget report to the Commissioners, property taxes would stay the same. Outer Banks side of Currituck would get 8 new police officers. Here is the report from John Henderson of the Daily Advance:

CURRITUCK — Just as most Currituck families are tightening their finances during the current economic downturn, county government must do the same, County Manager Dan Scanlon told commissioners on Tuesday.

Scanlon expressed that sentiment as he unveiled a $47.9 million spending plan for next year that represents a less than 1 percent increase from the current year's budget.

The proposed budget includes no tax or fee increases. The tax rate would remain the same as the current year — 32 cents for every $100 of assessed property value.

"We are in a declining environment," Scanlon said. "We are not seeing an appreciable increase in our tax base. It isn't the time for government to look at expanding services and programs."

The only major personnel change in the proposed budget is the addition of eight new deputies to cover the Corolla area. The expenditure was actually approved by commissioners last year.

The new budget calls for spending $996,235 million more on the sheriff's department in the coming year, which includes the cost of the new deputies. Sheriff Susan Johnson has asked that the amount be increased about $150,000 to add a supervisory position.

"Now we only have one supervisor (in Corolla). I'm asking for a second one," Johnson said.

She said the new deputies would be in training for six months. "It will be next July before they are actually ready to go," she said.

Corolla residents can't wait. They have been pleading with the county for beefed up law enforcement. It was a campaign issue in the recent primary election, and it was a rallying cry by some who advocated incorporation a few years ago.

Scanlon told commissioners that the county would have to be frugal for the next several years. All signs point to a real estate market in Currituck that has significantly slowed, and along with it, the county's tax base, he said.

"We have seen a significant decrease in building permits," Scanlon said. "We have seen a significant decrease in (land) transfer taxes. Those have an immediate effect today, because that is revenue we are not collecting today. If we're not issuing building permits today, you're not going to expect significant increases in our tax base the next year or year after."

Increases in the assessed value of property in Currituck – which determines what homeowners pay in taxes – have significantly slowed in recent years.

From 1999 until 2005, assessed values of property in Currituck increased by 5 percent or more each year, which gave the county hundreds of thousands of dollars in extra revenue to spend even if commissioners adopted the identical tax rate as the year before.

"We've enjoyed a very robust economy, a very robust increase in a our tax base, Scanlon said.

But no more.

Assessed property value has increased by only 1.01 percent this fiscal year, and 0.61 percent last fiscal year.

Moreover, land transfer fees that are paid to the county by sellers at real estate closings have decreased by more than $2 million from two years ago.

And sales tax revenue has been flat.

"You are not seeing a growth in sales tax (revenues)," Scanlon said. "Not what we have traditionally seen."

The county plans to set aside $4.2 million of its $20 million emergency fund to spend, if need be, in the coming fiscal year, Scanlon said. But that shouldn't be construed to mean that the county's reserve fund will be depleted by a quarter, he said.

"We may spend none of it. We might spend half of it. We might spend all of it. I don't think we will spend all of it," Scanlon said.

The one bright spot in Currituck's economy is tourism. Occupancy fees paid to the county when visitors stay in rentals and hotels are at an all-time high, with $8.3 million collected through April.

"People are saying right now they feel pretty good about what is going on in the Outer Banks," Scanlon said. "I'm hearing reports that folks are coming (to visit)."

Commissioners will review the proposed budget at their June 2 meeting, and are slated to give it final approval on June 16.

Mid-county span draws worldwide attention

Designers, builders, financiers sought
From a recent meeting in Raleigh, the Daily Advance article reported:

By JOHN HENDERSON
Staff Writer

Thursday, May 15, 2008

Companies from around the world are expressing interest in designing, financing and building the Mid-Currituck bridge.

At a meeting held in Raleigh last week, representatives from 13 firms discussed the project with officials from the North Carolina Turnpike Authority.

Also in attendance were several hundred people representing companies wanting to handle some aspect of the project, said Grady Rankin, the authority's chief financial officer.

"We were very pleased with the meeting," Rankin said. "I'd describe the interest as high."

The proposed two-lane toll bridge linking Currituck's mainland and Outer Banks is planned to open in 2013. The project's current estimated cost is $459.6 million.

Rankin said representatives from several major European companies are interested because design-build-finance projects like the proposed mid-county bridge are more common in Europe.

"There are significant advantages for bringing the (design-build-finance) teams together under one tent," he said.

It will be North Carolina's first attempt at such a venture.

"There is no doubt the private sector can do it," Rankin said, referring to building the bridge. "I think major question is how much support it will require from the state of North Carolina. That has yet to be determined."

Just because the private sector has expressed interest in the bridge doesn't mean the project can completely be financed with private funds. More than likely there will have to be some state funding, he said.

"One of our objectives is to minimize the costs to the state to get the project off the ground," Rankin said.

It's not clear yet whether one company will be hired to operate and maintain the bridge after it is built.

Ralph Salamie, an engineer with Kiewit, Pacific Structures District in Vancouver, Wash., attended the meeting because his firm is interested in building the bridge. But to land the contract, Kiewit would have to join forces with other firms to handle financing and design, he said.

"If you develop it as a team, and approach the job as a team, it's nothing really out of ordinary, combining people," Salamie said.

Barry Nelms, chairman of the Currituck Board of Commissioners, said the wide interest in the bridge project is a positive sign.

"It is encouraging, because that will mean more competition, and with that, theoretically, you can get the best price and the best design," Nelms said. "We're excited we've got a lot of interest in it."

Nelms said devaluation of the dollar has made projects in America like the mid-county bridge more attractive to foreign-based companies.

"Because construction is down nationwide, it makes this a more favorable time to take on a project of this magnitude," he said.

Although the exact toll on the bridge has not been determined, the Turnpike Authority is projecting that motorists over a 39-year period would pay as much as $12 for a two-way trip. The toll will be collected to pay back investors who are expected to front the bulk of the money needed to fund the estimated $459.6 million project.

"This project has been looked at since the '60s," Nelms said. "I think that it's going to happen. Everybody at the county and state level are in a cooperative mood, and we're going to hopefully make it a very worthwhile, and a really nice bridge."

County Commissioner Gene Gregory, who attended last week's meeting, also sees the interest in the bridge as an encouraging sign.

"It was a great showing," he said. "I think we're well on our way to getting this bridge built. I feel closer to getting the bridge built now than ever. I think the people are finally realizing how badly we need a bridge."

Gregory said the bridge is sorely needed for hurricane evacuation and access to the Outer Banks. Today, the only route to Currituck's northern beaches from the mainland is a trip over the Wright Memorial Bridge and up N.C. Highway 12.

The process of picking a firm to handle the design-build-finance project is expected to take the remainder of the year, Rankin said.

He said the authority will soon be seeking information from companies about their qualifications to build the bridge.

"It is sort of a two-step process," he said. "We will select three or four teams, then we'll submit a request for proposals that is much more specific about what they propose to do."

Wild Horse Study: Smaller herd suffering genetic harm

In a study recently reported in the Daily Advance, a Texas A&M professor advises that adding horses would reduce inbreeding. See article below:


By JOHN HENDERSON
Staff Writer

Monday, May 05, 2008

The wild horse herd in Corolla has suffered genetic harm as the result of a Currituck County-endorsed program limiting its size, a study has concluded.

Inbreeding among the horses is the culprit, and could lead to defects, according to a study released by Texas A&M professor Gus Cothran, an equine geneticist who is a worldwide expert on feral herds.

A new study by a Texas A&M University professor suggests that the smaller size of the herd of wild horses on Currituck County Outer Banks is hurting its genetic diversity.

DNA testing taken of the herd of 89 showed "low genetic diversity" due to the inbreeding among the small herd, Cothran said. The horses have not yet shown outward physical signs of deformities, but that will become a possibility if the herd numbers aren't increased, he said.

"There certainly are 20,000 known genetic defects in humans," Cothran said. "Any one of those is a possibility" in the horses.

Examples could include clubbed feet or dwarfism, he said.

To prevent any further genetic decline, Cothran is recommending that the herd be allowed to reproduce and grow in number, and a few new horses be injected into the mix.

Cothran's study is recommending a herd in excess of 110 to increase genetic diversity. But that would conflict with an agreement to limit the herd to 60 that was agreed to in 1999 by Currituck County, the National Wildlife Refuge, and the herd's overseers, the Corolla Wild Horse Fund.

Federal officials have been concerned that too large of a herd could damage the habitat at the Currituck National Wildlife Refuge. The refuge makes up a large portion of the horses' grazing area on the Currituck Outer Banks north of Corolla.

Refuge manager Mike Hoff could not be reached for comment on Friday.

Karen McCalpin, the director of the Corolla Wild Horse fund, said the group is trying to be pro-active before the horses start to show outward physical genetic deformities.

"Low genetic diversity (in the horse's DNA samples) means it is starting to be a problem, that already irreparable genetic harm has occurred (to the horses)," she said. "We're recommending ways to prevent further harm, to have a larger herd."

The horses are believed to be descendents of Spanish mustangs that arrived several hundred years ago, and are considered a tourism draw for Currituck County.

A few years ago, the herd numbered 119. But in the past year, an aggressive adoption effort and a birth-control program have reduced its size to 89.

"We've physically removed horses. We adopted out 30 horses in the last 18 months," McCalpin said.

In the wake of Cothran's study, the horse fund has requested a moratorium on the removal of horses. The birth control program would remain in effect, however.

"In the meantime, we are trying to gather scientific data that all of us need to make a management plan that will be in best interest of the wild horses," McCalpin said.

The U.S. Fish and Wildlife Service and Estuarine Research Reserve will be conducting a study to determine exactly where the horses are feeding and what impact they are having on the wildlife refuge.

"The 'impact and carrying capacity study' will give us a lot of important data we don't have, not just about horses, but the impact of feral hogs, what kinds of vegetation are being eaten by which animal," McCalpin said.

She said the information could help define what areas should be a horse sanctuary.

"The ultimate goal is to be able to own that land," McCalpin said. "That will help me when I go to a foundation to ask for support to purchase land."

Watch Currituck County Commissioner Candidate Forum

Whether you can vote on not in Currituck County, you may want to know who the players are. There are several candidates running for Currituck County Commissioner. A candidate’s forum sponsored by the Currituck Chamber of Commerce was held recently and can be viewed by going here.

Previous Post:

Currituck to hold candidates forum April 17

While many of the Carova Corner readers do not have any voting power in the County, decisions made by our elected officials certainly impact all property owners the same. For those more active, you may want to attend a candidate forum later this month. There will also be a broadcast of the forum that I will attempt to get my hands on and maybe even upload to this blog if I can get a 9 year old to help me. Below if the Daily Advance article with the date and times.

Monday, April 07, 2008

Currituck residents will get a chance next week to question candidates for the county board of commissioners on the ballot in next month's Democratic and Republican primaries.

The Currituck Chamber of Commerce will host a "Meet the Candidates Night" at the Currituck County Middle School auditorium Thursday, April 17, from 7 p.m. to 9 p.m.

Shannon Kinser, Chamber president, said the forum will feature the eight candidates in contested races for four open seats on the commission board.

"There are a lot of new people on the ballot this year," she said. "I think it's important for folks to be able to make an informed decision, to come out and ask questions, and hear what candidates have to say."

The invited candidates include Stanley D. Griggs and William Carlton Etheridge Sr., two Democrats seeking the new at-large seat on the commission board. Also invited are Oswald Vance Aydlett Jr. and Keith Charles Hill, two Republicans seeking the new District 1 seat; incumbent Commissioner Ernie Bowden and Michael Cherry, two Democrats seeking the new District 1 seat; and Jerry W. Wright and Roy Lee Etheridge, two Democrats seeking the new District 2 seat.

Each candidate will be introduced, and will then be asked questions submitted to a moderator from the audience.

Kinser said community participation is essential to insuring a successful forum.

"This open forum will provide Currituck County citizens with an opportunity to question and evaluate those running for office," she said.

Under the forum guidelines, the questions may not be directed at any particular candidate. The forum will be aired on the local government channel at least once prior to the election.