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HomeMy WebLinkAbout1997 CAMA Sketch Land Use Plan Update-1998:M COPY agement 101 Town of Southern Shores 1997 CAMA Sketch Land Use Plan Update Local adoption date: July 7,1998 CRC Certification Date: September 25,1998 Document printed by the Town of Southern Shores SOUTHERN SHORES CAMA SKETCH LAND USE PLAN UPDATE 1997 Prepared by the Planning Board: Bobby Outten, Chairman Robin Morgan, ice Chairman Elsa Edwards' Joe Campbell Paige. Christiansen Bob Trost, Alternate Tim Morrison, Alternate David Watson, ETJ Martin's Point For the Town Council And O Kern Pitts, Mayor Carl TU Berntsen, Mayor Pro Tern Gerald J. Beshens Diane D. Henderson Dick Wood Cay Cross, Town Manager Carrie Gordin, Town Clerk With assistance from: John Crew Coastal Consortium, Consulting Planners, Inc. 116 Spruce Street Washington, North Carolina 27889 The preparation of this document was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone INtnagement Act of 1972, as amended, which is administered by the Office of Can and Coastal Resource Management, National Oceanic and Atmospheric Administration. O O SOUTHERN SHORES CAMA SKETCH LAND USE PLAN UPDATE 1997 Table of Contents Page I. Introduction 1 M Location _ 1 III. Population and Change 2 IV. Housing 5 V. Economy 6 VI. Community Services — Carrying Capacity 7 OVII. Current Ordinances —Regulations 9 VIII. Previous Policy Assessment 9 IX. Existing Land Use 10 X. Natural Constraints to Development 10 M. 1997 Questionnaire Results — Major Findings U XII. 1997 Policies 15 A Resource Protection 15 B. Resource Production and Management 17 C. Economic and Community Development 17 D. Continued Public Participation 19 E. Storm Hazard Mitigation, Recovery and Evacuation 19 XIII. Relationship of Policies and Land Classification 20 ,UV. Intergovernmental Coordination 20 OXV. Land Classification 21 ri QAppendix A Citizen Participation Plan — Documentation B. 1991 Policy Assessment — Scoring C. Definitions for Abbreviations M 23 I. Introduction This 1996-97 Coastal Area Management Act Sketch Land Use Plan Update is the (� Town's fourth comprehensive planning effort, having already updated its original 1980 v Sketch Plan in 1985 and again in 1991. Sketch plans are for municipalities that are not experiencing rapid change or are completely platted and know the upper limits of growth_ Sketch plans acknowledge the municipality does not have the full range of natural resource and economic pressures as other local governments. This update is a five-year update called for by the Coastal Area Management Act (CAN -LA.) and is guided by the Coastal Resources Commission's (CRC's) Land Use Planning Guidelines TIo�iCAC:07B. The plan was prepared by the Planning Board during 1996-97 with grant assistance from the stye. Town staff; other resources and a consulting planner were also used. In accordance with the 7B planning guidelines, the Town_ adopted a citizen participation plan, including a questionnaire to afford ingested parties' opportunities to be involved. Numerous advertised Planning Board meetings, open to the public, offered still more participation opportunities. A public hearing was held prior to final plan adoption by the Town. CAtiLk plan updates offer local governments an opporauuty to assess the e ecaveaess of their previous plan and to choose policies to help guide the ire of the community. New issues, perhaps not 2rdsting in the previous plan, can also be addressed. CA YLk plans are important to local governments, as once ratified by the CRC, they are used in isst:ance of CANLA. development permits and by other state agency proga-ams that affect the Town. . Information used in this update come from various - sources. Population, housing Oeconomic and other data was provided by the Division of Coastal \Management and other sources. It was augmented by locally generated information from Town staff and the Planning Board as well as field surveys. This Sketch Plan Update includes the Town's corporate limits and the x u --rntce�al �ETJ) area which includes 1%faz-ttins Point. All policies included later also aDoly to the ET7 area. IL Location. Phvsical Setting Southern Shores is located in the northern Dare County Curter Banks area at 30' 06' 21.4" north latitude, 75' 42' 56.9" west longitude. The Town is bounded on the east by the Atlantic Ocean, the west by Currituck Seund/Ginquite Bay. The western boundary has numerous. manmade canals leading into C nick Sound. To the south, the Town shares a common boundary with the Town of Kn:y Hawk; some few miles to the north lies the unincorporated Dare Court:; Vidlage of Duck. The recently widened Wright 1Memciial (Fwy 158) Bridge connects to the Curtituck County mainland to the west and makes landfall adjacent to the southern repion of the Town's planning area. 11ighway 12 runs north -south through the eastern area of the Town. Total land area of the Town is about 7,600 acres. While stall being a beach community, the Town's ece an front area is in many ways diLer ent from its neighbors. There is a high, stabilized frontal dune s✓stem that runs the entire leng*.h of the north -south ocen front. Erosion is not a problem here as it is in other arras as often ac,;: etion has occur,ed in some areas. The Town is very aware of the potential for storm damage from major storm events, but the extensive frontal dune system may m;niTi, e that threat as the cries of the frontal dune avera--es 100 feet landward from the mean high water marks. Waite hurricanes Be.—tha and Fran in the summer of 1996 did extensive damage in other areas of Coastal North Carolina, Dare Courn-y and Southern Shores were relatively untouched by these storms. West of the frontal dunes lies an area of sand hills and smaller dunes (some 50' or so) which extend about a quarter of a mile inland. This hill area drops off to the West into a series of _ forested ridges and swales, typical of maritime forests in the region. This area is typically parallel O to the ocean. To the South and West the terrain is rather flat and to the Southwest leads into marshes and swamps around Ginguite Bay. The Town's location offers a typical beach weather environment, mild winters and warm summers. Average temperature is 61°F and precipitation is 43 inches; most precipitation occurs during summer months. The area was subdivided into a residential community. This gave the area that eventually was incorporated into the Town of Southern Shores a level of comprehensive planning not often seen elsewhere. This foresight has in many ways minimized typical planning problems and has allowed residents and visitors to truly experience and enjoy the beach/sound environment. III. ' Population and Change Dare County, in which Southern Shores lies, experienced significant growth during the decade of the 1980's that continues into the 1990's. Southern Shores leads this growth in the 1980's and continues strong into the 1990's. Both government units are expected to continue strong growth through the 1990's. Figure 1 shows historical patterns. It is interesting to note that according to 1993 NC Employment Security Commission figures from 1980-1990, Southern Shores ranked 5th of the fastest growing North Carolina municipalities with populations between 1,000-2,499. One hundred eighteen towns in North Carolina are in this population range. 1990 data showed 15 non white residents in the Town. Figure 1 O Historical Ponulation Patterns Year 1970 1980 1985 1990 % Increase 1980-1990 Dare County 6,995 13,377 17,021 22,746 70% Southern Shores 75 520 851 1,447 178% Official Census Figures Source: LILAC, Office of State Planning, State Data Center Figure 2 illustrates future growth estimates for Dare County and Southern Shores as follows: Figure 2 Population Estimates Year 1991 1992 1993 1994 1995 % Increase 1991-1995 Dare County 23,142 23,474 24,056 24,709 25,758 11% Southern Shores 1,447 1,507 1,629 1,634 1,750 (approx) 12% O Source: LILAC, Office of State Planning, , 2 Dare County showed one of the strongest growth rates of any North Carolina county during the 1980-1990 decade with a rate of 70%. Southern Shores' phenomenal rate of 178% clearly lead most municipalities. (Note the Town's 1991 plan showed a 1980 population of O395 persons, the 1990 figure at 1,452 people producing a rate of increase of 268%. Regardless of which figure is correct, the Town grew at an extraordinary rate during that decade). It is important to note that while the Martin's Point area to the West of Town is included in the Town's extraterritorial planning area, its population is not included with that of Southern Shores. The Office of State Planning does not produce population projections for municipalities, but the following projections for Dare County may be indicative of expectations for the Town in the future: Figure 3 Population Projections 1995 2000 2005 2010 Dare County 25,758 29,177 32,713 36,327 %Increase 13% 12% 11% Source: LINC, Office of State Planning OPopulation projections are important in planning so local governments can provide services necessary to support the increasing numbers. Clearly some portion of the projected 10,569 additional people living in Dare County in the year 2010 will choose to reside in Southern Shores so Town services will be impacted. A. Age of Population 361 It is widely known that the majority of full-time residents in Southern Shores are retired and future full-time populations may possibly continue to be, although the current trend is for a population of lesser age. While the state produces no age of population figures for small towns, they are available for counties and Dare County's older population is shown in Figure 4. These figures may be helpful in drawing inferences of what is occurring in Southern Shores. 3 Figure 4 Aoe of Pooulation Dare County by Year O 1990 1991 1992 1993 1994 1995 Total Population 22,746 23,142 23,474 24,056 27,790 25,758 Age 55 and older 5,169 5,167 5,215 5,314 5,453 5,657 % of total 22 22 22 22 21 21 Source: L1NC, Office of State Planning Coastal Consortium, Consulting Planners, Inc. Age of population is important in comprehensive planning for several reasons. Two very important are: 1) it gives indications of household occupancy figures often not available for municipalities from traditional sources (typically two persons per household in older age groups) and 2) older populations may have needs that can be translated into land use planning and policy development. More demands for various social services, medical facilities, housing types, special transportation needs and so forth are often seen for older age groups. B. Seasonal Pot)ulation CAMA planning guidelines encourage local governments to examine seasonal O population to gain better insight into expected peak demands on the community. A method to get seasonal numbers was used in the 1991 plan and an updated version is employed here. Certain assumptions are made with any projection method, but the results can be useful for planning purposes. At allowed densities, approximately 2,500 total dwelling units can be expected in Southern Shores at total build out sometime in the future. Year-round occupancy is estimated to be about half of all housing units or probably fewer than 1,250 units. Based on age of population forecasts, there 1,250 units would house two people per unit; thus yielding 2,500 people. The remaining half of the total 2,500 dwelling units; 1,250, would house seasonal populations. Seasonal populations, by their very nature are larger than year-round populations per household, and using an average of six people per housing unit yields 7,500 persons. This figure, added to the 2,500 year-round population totals 10,000 persons in Southern Shores at peak build out at peak seasonal population. This number is a function of assumptions and many variables and could change significantly as variables change. For example, zoning changes permitting higher housing densities would clearly affect Town population, as would aggressive real estate marketing. Nonetheless, seasonal figures are helpful for planning purposes and do provide the Town with some basis upon which to proceed. EO 4 ICI. Housin 0 A. ype Housing in Southern Shores is typically low density (1-2 units per acre), single-family detached dwellings that are preferred by respondents to the Town's past land use questionnaire. Indeed this was the overwhelming response pattern in all four of the Town's questionnaires since the original conducted in 1980. Figure 5 compares number of housing units in structures in Dare County and Southern Shores in 1990. The 1,450 housing units in the Town in 1990 are roughly equal to the 1990 population of 1,447 persons. This can be explained by the high number of vacation, second home, rental and investment units in Town. Figure 5 Number of Housing Units *in Structure: 1990 1 Unit 1 Unit 2 3-4 Total Detached Attached Units Units Units Dare County 15,858 515 498 378 17,240 Southern Shores 1,431 16 3 0 1,450 Source: Census of Population and Housing, Summary Tape File 3A Clearly single-family detached units are the overwhelming preference in Southern Shores and Dare County in that in Dare County they comprise 91% of all units; in Southern Shores 95% of all units. Single-family detached units in Southern Shores comprised 9% of all single-family units in Dare County in 1990. Housing type is important in land use planning in that they have different demands local governments must provide. For example multi- family units, that typically are also multi -stores created special fire fighting and rescue needs. B. Age Housing age analysis gives planners a profile of the vitality of housing stock Stated differently, newer housing typically present fewer problems for local governments than older housing. For example small lots with small front, side and rear yards often are characteristics of older housing. This can lead to service provision concerns such as obsolete driveway alignments, and simply due to age may be more fire prone, creating hazards. Newer housing often does not present these concerns. Housing in Southern Shores is relatively new as shown in Figure 6. Nine hundred and nineteen (919) structures were built during the 1980 decade. This was 63% of all 1,452 structures built in all years. ig Figure 6 Housina Aae: Southern Shores Year O Structure March 1988- 1984- 1979- 1969- 1959- 1949- ' 1939/ Built 1990-89 1985 1980 1970 1960 1950 1940 Earlier 157 452 310 353 75 72 28 5 Source: Census of Population and Housing, Summary Tapes File 3A C. Building Permits Building permits also indicate new construction. (Even though each permit issued may not result in a structure built, for planning purposes building permits are important.) Figure 7 shows permits issued from 1991-97. Obviously, any unit built with these permits are very new. The 404 permits issued during this period correlate strongly with the 310 structures built in the 1980-84 timeframe shown in Figure 6 above. This correlation may indicate a strong building future in Southern Shores during the remainder of the 1990's. Figure 7 Building Permits by Building Tvnes Southern Shores Non Single 2 3-4 5 or more Residential Year Familv Familv Family Familv Buildings 1991 34 0 0 0 0 1992 58 1 0 0 0 1993 62 .0 0 0 0 1994 62 0 0 0 1 1995 56 0 0 0 0 1996 69 0 0 0 0 1997 63 0 0 0 0 Totals 404 1 0 0 1 Two structures also demolished this year. Source: US Bureau of the Census, Building and Construction Division Southern Shores Inspection Department — 1995-97 data V. Economv Southern Shores's predominant single-family housing composition makes it truly unique to the outer banks. There are no hotels, motels or restaurants or the proliferation of other commercial development that is typical in beach towns. The limited housing that is for 6 rent is matched by the very limited commercial land use in Town. The Town's character is thus set; a single-family community without much service commerce. The Towns' tax base - lies in the value of housing and other property. Buying power of its citizens is measured in Ofamily and per capita incomes. Figure 8 shows Office of State Planning data on Dare County and Southern Shores residents' income for 1990, 1980 and 1970. In 1990, median family income was S31,548 in North Carolina and $35,225 in the United States. Southern Shores 1990 median family income was S47,135. By these measures Southern Shores is an affluent community. Figure 8 Income -1970-1990 Family Median Mean Total Incomes 5- 10- 15- 25- Family Family Famines Less 5K 9.9K 14.9K 24.9K 49.9K 50K+ Income Income Dare 1990 6,469 124 234 393 1,205 2,873 1,640 34,891 40,700 County 1980 3,794 256 681 758 .1,206 739 154 16,322 20,411 1970 1,908 624 759 316 135 74 0 6,536 8,350 Southern 1990 493 2 9 15 44 197 225 47,135 56,464 Shores 1980 126 0 13 30 11 39 33 29,167 36,404 1970 NIA NIA NIA N/A N/A N/A N/A NIA N/A The Town's economy lies in its retirement and second home base and it is not subject to the O whims of a commercial based economy as other beach towns are. While a part of Dare County, the ETJ area is under the planning authority of Southern Shores. As such the Town's zoning, subdivision regulations and other codes apply within. These regulations and the Town's policies for future development ensure that development within the ETJ area will be essentially the same as within the Town and will reflect the Town's character. The Town has no plans to physically expand its corporate limits, it only intends to manage and regulate growth and development within the ETJ area. VI. Community Services -- Carrvina Capacity Planning guidelines require local governments to evaluate the public services that support a community. This helps the local government determine how to best plan for upcoming needs. In this regard, some services the Town benefits from are actually provided directly by the county or through contract agreements. Dare County provides schools, public water and solid waste disposal. The Town provides police protection, street maintenance, fire protection and contracts with the county for solid waste collection and disposal. A tipping fee for disposal is paid by the Town. The Town also has an adminisuative staff of five including a manager, clerk and building inspection personnel. Wastewater Treatment As no municipal system exists, the Town relies on individual septic tanks for the majority of waste disposal. Package plants also are permitted as long as they serve 7 development in Southern Shores only. Soil conditions and local zoning require fairly large lots, 20,0000 sq. ft., for most residential lots and few problems with effluent have been noted. Water Most potable water for Southern Shores is provided by the Dare County Regional o Water System (a few lots are on individual wells). Supply for the system is the reverse osmosis plant at Kill Devil Hills, and wells there and also wells on Roanoke Island. Dare County provides water only within the county and supply is believed to be adequate for present needs and the foreseeable future. Dare County has prepared a water supply plan that is required and approved by the State. No special issues in this document are noted for Southern Shores; those issues applying to the county also apply to the Town. Solid Waste Collection and disposal for Southern Shores is by contract with Dare County. The county is part of a regional system with disposal in Bertie County. The Town provides recycling through contract with Waste Management, a private firm. Both services appear adequate for present needs, but long term growth in the county may require future disposal adjustments. The waste disposal contract runs from 1994 through 2014. Streets/Roads The Town provides regular maintenance to public streets and the NC Department of Transportation serves state highways. While the Town has no individual thoroughfare plan, the Town is included in DOT'S Outer Banks thoroughfare plan. A bridge to the Currituck County Outer Banks to the north will eventually become a reality. This purportedly will take traffic pressure off Hwy 12 and to a lesser extent Hwy 158. Fire Protection This service is provided by the Southern Shores Volunteer Fire Department which operates two stations in the Town. The Town does receive assistance from other fire departments in the Outer Banks area through mutual aid agreements. The Town's fire insurance rating was recently upgraded to a 5 on a scale of 1-10 with 1 being the highest. Police The Town has its own police force consisting of a chief a lieutenant, a detective, five patrol officers and one clerk. There is also an auxiliary officer who can be called upon as needed. Schools Public education is a county function. Town students attend either Kitty Hawk Elementary School, First Flight Middle School or Manteo High School. Ne 8 Drainage The Town does not have any manmade drainage infrastructure except that installed by DOT along the major highways. All soils in the Town are sandy with rapid permeability, thus negating traditional drainage needs. Other Since the 1991 Plan, the Town's mailing address is now Southern Shores, although the post office is still in Kitty Hawk VII. Current Ordinances -- Regulations Southern Shares enforces a Town Code that includes specific ordinances that affect land use in the Town. They are a Zoning Ordinance (Ord. No. 81-0026, 7/7/81 and subsequent amendments,) Subdivision Regulations (Ord. No. 79-0003, Art. 1, 5/23/79), N.C. State Building Code (Ord. No. 79-0008, 8/7/79), and Flood Hazard Management Ordinance (Ord. No. 91- ). Additionally the Town also issues Minor CAMBIA Development Permits (CAMBIA, I&E Plan, Ord No. 80-0017, 4/8/80). Other county regulations affecting the Town include Dare County's.Health Department septic tank permitting and rules and regulations of the Dare County Regional Water System. U.S. Army Corps of Engineers also regulates 404 Wetlands. Several property owners associations have an architectural review process; Fairway, O Mallard Cove, Pelican Watch, Chicahauk and Southern Shores Civic Association. The Town's involvement in project Blue Sky has been at the forefront of Town activities over the last several years. This project, designed to improve construction standards in beach areas is likely to continue into the future. While not an ordinance per se, the Town's Land Use Plan is used as a basis for Town regulations and .decision making. Zoning basically complies with Town policies and the land classification map. The Town's Sketch Plan, by definition, should be the basis for many Town actions. VIII. Previous Policv Assessment CRC planning guidelines call for each local government to evaluate policies from its past Land Use Plan as a prelude to a new plan update. This gives the local government the opportunity to reflect on its past goals, determine if they have been reached and provide a foundation upon which to depart on its new policy development process. Sometimes conditions change in ways to make previous policies obsolete or moot. Conversely, if no significant change has occurred and if local opinions have remained constant, Southern Shores may have no reason to adjust a particular policy and may repeat those included in the 1991 Plan. The Town's 1991 Plan included 45 specific policies. Planning Board review showed O only one policy had not been attempted or achieved and another only partially achieved. Policies attempted or achieved were given a "one", those partially achieved were given a "one-half' and those not achieved, a "minus". Thus, 43 1/2 or 96.6% of all policies in the E previous plan were attempted or carried out. This is a very enviable performance the Town is' proud of An outline of the 1991 Policies and how they rated are included in the Appendix. Many methods exist for evaluating previous policies. Southern Shores chose a O simple one. Each policy was reviewed by the Planning Board. If the Town had achieved or attempted to achieve the policy a score of "I" was given. If the policy had not been achieved or attempted a "0" was given. If policies were unrealistic or no longer an issue, the policy was determined to be "moot" and no score was given. IX. Existine Land Use Land uses changes since the 1991 Plan have revolved around new housing in -filling on previously platted lots. All residentially zoned property has been platted. Building permit data show 216 single family and 1 two family unit receiving permits from 1991-94. Structures resulting from these permits have been dispersed throughout Town with no notable concentrations. 1vTinimum lot size in residential areas is 20,000 sq. ft. with greater densities being permitted only in Mallard Cove (10 units/acre) and Pelican watch (6 units/acre). Residential uses are permitted in the limited areas zoned commercial at 8 units/acre. The Town in 1997 continues to be primarily a single family residential community. The widening of HWY 158 is the only other notable land use change since the 1991 Plan. Future changes expected include more housing in filling. Limited property zoned for commercial use exists along HWY 158 and several side streets. Several parcels zoned for commercial use have been developed for residential uses as permitted by the zoning ordinance. There are 84 acres zoned for commercial use; of these O 48.5 acres (57%) are developed leaving; 35.5 acres (430/6) undeveloped. X. Natural Constraints to Development The CRC planning guidelines require local governments to evaluate those local natural conditions that may limit, require adjustment, or simply prohibit development. Physical limitations may make development costly or may cause undesirable consequences when developed. For Southern Shores these natural conditions are in two major categories: Areas of Environmental Concerns (AEC) or other areas. AECs are designated by the CRC throughout the twenty coastal county area. Two of these, the Ocean Hazard and Estuarine System are found in Southern Shores. The Ocean Hazard Svstem includes the Ocean Erodible Area, the High Hazard Flood Area, and the Unvegetated Beach Area. The Ocean Erodible Area generally begins at the low water line or first line of stable vegetation and is measured inland 30 times the average erosion rate. In Southern Shores this erosion rate is about two feet so 30 x 2'=60'. So the landward setback line for this AEC is 60' from the first line of stable vegetation for most residential uses. Southern Shores does not permit development seaward of the frontal dune. Clearly development in this AEC involves considerable risk The High Hazard Flood Area 10 This AEC includes those areas subject to high>velocity waters, as shown on FEMA maps, and is generally seaward of the frontal dunes. As this area is seaward of the first line Oof stable vegetation, it is also in a "V Zone" or velocity zone. Again, development in this area is not without risks and the Town's Building Inspector enforces the Town's Flood Hzzard Ordinance here. The Unveizetated Beach Area The Unvep-itated Beach Area is a dynamic area that is subject to rapid unpredictable landform change from wind and wave action. These, are for the most part, the `vet beaches area" to which the public has the right of access for travel, recreation and commerce. The Town and Coastal Management staff regulate the few structures or activities permitted here (sand fences, beach bulldozing, temporary structures such as lifeguard stands, etc.) As stated in the Location and Physical Setting section of this document, the Town's frontal dune system is different from its neighbors. The system is further inland and has never experienced overwash.- There are free standing fresh water ponds filled by rain water in some of the valleys between the dunes. While the state considers dunes "fragile", the Town believes a combination of CAMA and local regulations provide adequate protection. In this regard, in case of overwash, the whole Town is considered to be equally at risk The Estuarine Svstem This AEC includes several distinct features: estuarine waters, estuarine shorelines, public trust areas and coastal wetlands. OEstuarine Waters AEC's. These waters are those on the west side of Martin's Point to the end of the Point, then north along the western boundary of Town (but not including Ginguite Bay and the manmade canals to the south) to the Town's northern limit. Development within these waters and the lands thereunder require a permit from either the state or the Town. Regulations for this AEC have been developed to protect from unacceptable uses that unduly interfere with navigation, access and so forth. Piers, docks, bulkheads and similar activities are typical within this AEC. . Estuarine Shoreline AEC's are a 75' border of land adjacent to all estuarine waters within the Town's planning jurisdiction. Development within this area requires a permit similar to those in estuarine water AEC's. Bulkheads, buildings, driveways and other similar activities are typical within this AEC. Public Trust Area AEC's are the navigable waters and lands thereunder within the Towns planning area. This AEC overlaps estuarine waters AEC, but also include all of Ginguite Bay and the adjacent manmade canals. Again, development within the waters and lands thereunder require a permit similar to those for estuarine waters. Please note, however, the public trust area AEC's do not have an adjacent landward border as the estuarine waters do. This AEC is only the waters and lands thereunder. Coastal Wetland AEC's are also found throughout the shoreline of the Town's western areas. These wetlands are defined by the presence of one of any 10 specific wetland O vegetation species that are also affected by tides; either being regularly or irregularly flooded. If these conditions exist, which must be determined by field investigations, then permits are necessary for development within. This AEC has the most restrictions and only water dependent uses such as piers, docks and bulkheads are allowed. These wetlands exist as a 11 "fringe" through both banks of Ginguite Bay, .on the Western side of Martin's Point and on the western bank of the Towns shoreline. Other Areas O Other natural areas typically having some constraints for development typically include areas with poor soils, areas subject to flooding, unique wetlands, unique submerged aquatic vegetation, watersheds and so forth. Much of Southern Shores is defined as having soils that may be unsuitable for septic tank use. 'Individual lot by lot evaluations by the Dare County Health Department (responsible for septic tank permits throughout the county) have shown that few individual lots cannot receive a permit. The Town's zoning requiring large lots may play a role, but the Town routinely accepts the county's decision on septic tank use. Areas subject to flood hazards are present in the Town's planning area, primarily in the sound area in Ginguite Bay and Creek vicinity. Much of Martin's Point is also subject to flooding, however, development may occur if certain precautions are taken. Structures here must be elevated so the primary floor is at least 10 feet above sea level. The U.S. Army Corps of Engineers has been given authority by Congress to regulate the dredaing and filling of certain wetlands called 404 Wetlands. These areas are located throughout. Southern Shores. Authorization from the Corps is necessary for certain activities. These areas may also overlap areas requiring a CAMA permit. Certain submerged aquatic vegetation exist throughout Ginguite Bay and along the western areas of Martin's Point. These plant communities provide vital habitat for marine shell and finfish. When CAMA. major permits are being considered, the existence of these areas is taken into account so that the areas are disturbed as little as possible; dredging or filling in these areas is generally prohibited. O The NC Wildlife Resources Commission has recently by rule designated all of Ginguite Bay and tributaries as inland primary nursery areas. (See 15NCAC 10C.0503). These areas, similar to those having submerged aquatic vegetation, require caution in development so as not to destroy or disturb these important fishery resources. Again, new dredging or filling and other similar maintenance activities are heavily regulated. While perhaps not a constraint to development per se, the CRC planning guidelines require local. governments updating their plans to review natural resource and land development on a small watershed basis, if applicable. The intent here is to show relationships between land use and water quality. If these show some cause -effect relationships, the hope is the local government may take some local action to minimize the effect. State supplied data is to be used in this exercise. Southern Shores is located within the Pasquotank River Basin and unfortunately complete data for this basin will be unavailable until the summer of 1997, which may preclude its use in this Plan Update. Southern Shores is located in a 14 digit hydrologic area known as 03010205230030. Data submitted includes showing the classifications of all water bodies within the Town's planning area. All of the Atlantic Ocean is classed SB, all of the Sound, Ginguite Bay and tributaries is classed SC. SB acknowledges body contact on a frequent basis, recreation, fishing, etc. SC notes infrequent body contact, uses for agricultural purposes, etc. The Town recognizes that watersheds are a feature of topography and that many land uses that may affect water quality in the watershed are outside of its planning authority. Nonetheless the Town is certainly concerned about water quality within its planning area and O conducts a regular water testing program and local policies and actions reflect this concern. The Town's Zoning Ordinance ensures some level of site planning. Minimum lot sizes (for the most part 20,000 sq. ft.), side, rear and front yard setbacks, are required etc. and this can 12 be said to have positive water quality impacts. The Town's participation in minor CA11dA permits also reflects this concern in positive ways. OXI. 1997 Questionnaire Results - Maior Findings During -this Land Use Plan Update, the Town again conducted a survey of all property owners to -help determine respondents attitudes about important issues facing the Town. The questionnaire was mailed by either bulk mail or first class mail to 2,651 property owners listed in the Dare County tax records. While 1,033 questionnaires were returned only 994 responded to a question concerning affiliation with the Town (permanent resident, non- resident property owner, etc.) so the later number was used for analysis purposes. The questionnaire was essentially the same used during the 1990 Plan Update. The complete questionnaire and responses are contained in a separate document. MAJOR ENDINGS • The questionnaire was completed and returned by 1033 people. Almost half of the respondents were permanent residents and homeowners. Roughly one -in five respondents was a vacation homeowner and another 20 percent were non-resident property owners. Rental homeowners made up less than 10 percent of the respondents. • The respondents strongly agreed that Southern Shores should continue to develop as a low density, single-family residential community and that Southern Shores should manage further growth to minimize negative effects on environmental quality. The respondents also agreed that the cost of new facilities and services. should be borne by developers and new homeowners. Thev disam eed with -the idea that the entire Town should bear the cost --. y associated with new growth and strongly disagreed with the idea of Southern Shores becoming more tourist oriented. • Almost three -fourths of the respondents reported that the cur, ent size and location of the commercial zone was appropriate. About one respondent in five responded that the commercial zone was too large and should be reduced. Very few respondents wanted the commercial zone enlarged or a new commercial zone established. • After reading a description of the current zoning regulations concerning lot width and side yards, the respondents were asked their opinions of what Southern Shores should do in this area. The respondents were divided. No position was selected by a majority of the respondents. The most popular position was to leave the existing regulations alone but a substantial number of respondents supported increasing the size of side yards. Both positions had strong support of all sub -groups of respondents. • After reading a description of the CAMA, regulations, the respondents were asked if the Town should adopt an ordinance similar to CAMA regulations for the lagoons and Ginguite Bay. Almost three -fourth of the respondents supported Southern Shores adopting these regulations. • The respondents weed that the Town needs to preserve more open space in forested and other vegetated areas. They neither weed nor disagreed with the idea that property owners need more access to Currituck Sound and to the ocean. They were also neutral on the Town buying ocean front lots to provide public access. Q The respondents agreed that another bridge should be constructed to the mainland from the Currituck Outer Banks north of Duck. Respondents disagreed that the roads and bridges were adequate for hurzcane evacuation. These respondents also disagreed with the idea of making Highwav-.12 five lanes from the Town hall to the telephone booth. 13 Respondents agreed with the proposal to connect the Duck bikepath through Town to the recently built bikepath on HWY. 158. . • The respondents rated the importance of nine projects. The project rated most important was to establish and provide improvements to biking, jogging and walking paths. This project was rated most important by every sub -group. The second most important was to Q repair and improve town -owned bulkheading. The two projects with the lowest overall importance ratings were installing streetlights along Duck Road and US 158 and building a community center. • The respondents rated the fire protection, police protection and maintenance of local streets as their top priorities for improvement. While the other three services were rated lower, they all received ratings between "most important" and "secondary importance." This indicates that a substantial number of respondents believe that each of these is a most important service. • The respondents are neutral on exploring the feasibility of a regional sewer system. The respondents supported the Town continuing to have existing utility lines placed underground even if the Town must pay for it. Respondents strongly agreed that the presence of adult entertainment establishments would adversely affect residential property values and adversely affect nearby commercial establishments and businesses. Respondents also agreed that adult entertainment establishments would negatively influence their decision to buy a home or vacation in Southern Shores. The respondents strongly disagreed with the statement that adult entertainment establishments would enhance the vacation resort attraction of Southern Shores for vacationing families. The respondents strongly agreed that they chose to live in Southern Shores because of the natural environment. They also strongly agreed that the maritime forest is an important element of what makes Southern Shores a special place and therefore it should be protected The respondents agreed that the Town should determine if runoff in Southern Shores contributes to the deterioration of the quality of water in lagoons and in Currituck Sound and take action if necessary. The respondents agreed with a "moderate and carefully spelled out" ordinance that would require property owners to get permission before cutting trees. Respondents were asked to read an extensive description of restriction on commercial boats fishing for menhaden. They were then asked if the Town should try again to win NEC approval of the more rigorous restriction on commercial menhaden fishing operations in Southern.Shores waters. The respondents agreed that the Town should seek these more rigorous restrictions. Respondents disagree with the idea that dogs should be prohibited on the beach all year round and they disagree with restricting dogs to certain designated periods of the day. They agree with leaving the existing regulations as they are. The results indicate that a majority of the respondents thought that their family would use enclosed, year-round swimming pools and performing arts facilities. These two types of facilities were ranked one and two by every sub -type of respondent. About one-third of the respondents indicated that their families would use one additional type of facility, tennis courts. Over one-third of the permanent resident homeowners indicated that their families would use meeting rooms but this type of facility was much less popular with the other sub -types. 0 14 XII. 1997 Policies OWebster's Third New International Dictionary's definition of policy includes "a definite course or method of action selected (as by a government, institute, group or individual) from among alternatives and in light of given conditions to guide and usually determine present and future decisions." Applied to land use plans under the auspices of CAINL policies provide a framework of adopted statements that are used to guide future development decisions. Policies differ from rules or regulations in that they are guiding principles rather than precise, measurable standards. In land use planning, regulations should follow policies and are one tool used to achieve the policy. For example, if the Town's policy for housing is to provide for single family detached units, then the zoning ordinance would specify standards to meet the goal by requiring lot sizes designed to accommodate single family housing, specific front, side and rear setbacks, height limits, etc. Policies in CAiVIA land use plans express a local desire for the future, but are quite unique in planning in North Carolina as they are also used by various state and federal agencies in making decisions as to how their operations affect a local government. For example, development permits issued by the State's Division of Coastal Management must be consistent with local land use plans, including policies, before that permit can be issued, even if otherwise it meets all the regulatory standards for that development proposal. This gives the local government an important opportunity to be a partnership player in land use decisions _that involve state agencies. Policies here evolved from an evaluation of policies in the previous plan,and a careful review of the current conditions in 1997 in effect now (such as population changes, new O housing starts, adequacy of potable water, etc.). Numerous Planning Board meetings were held, open to the public and adequately advertised, so those wishing to attend could. The Town also conducted a survey of property owners. Finally significant guidance was provided by the Planning Board after taking all of these matters into consideration. During policy development, alternatives were considered in various degrees; from considering letting market forces and the economy drive land use decision making to considering requiring more strict policies for development within AECs than those imposed by the state. The Town believes policies presented here offer a reasoned compromise between no control and severely restrictive control on issues that affect the Town's character and quality of life. Paramount to all policies in this document are several overriding coals and obiectives. Each policy attempts to provide guidance in how the Town hopes to achieve the broader community development goals. The Town intends to remain predominately a low density, single family detached residential community. The Town does not desire nor want the mire of commercial activities associated with other "beach" communities. The Town does not want a great influx of "tourist" seeking a more typical beach vacation associated with a tourist destination. The Town wants to maintain its quiet residential character for residents and property owners and does not want this character changed. A Resource Protection In Southern Shores issues discussed in this category included AECs, wetlands, Oconstraints to development, use of package treatment plants, potable water, marinas, etc. Issues not applicable and not extensively discussed included industrial impacts, agricultural 15 runoff, etc. The reader should note discussion of these issues in the data collection and constraints to development sections of the Plan, specifically pages 10-12. The CRC's guidelines list 16 issues in the Resource Protection section of the guidelines. In the Town's 1991 Plan, 19 policies were noted that addressed issues then. As conditions have not changed since 1991 on many of those issues, the policies remain the O same. The following list are policies the Planning Board developed to deal with resource protection issues: 1. statement on community attitude toward resource protection -The Town will rely on county regulations to deal with septic tank use, state regulations to deal with development within AECs (unless local regulations are more stringent) and Corps of Engineers regulations dealing with 404 Wetlands . 2. discussions on AECs - Please note in constraints to development section earlier in the Pan - not duplicated here. The Town relies on CAMA regulations for AECs. 3. local resource development issues relative to AECs - In the future the Town may consider requiring bulkheading of the manmade canals. The Town does not permit rental of motorized water home recreational vehicles. 4. protection of wetlands - The Town relies on CAMA regulations to protect coastal wetland AECs to include primary nursery areas; the Town relies on the U.S. Army Corps of Engineers to regulate 404 Wetlands. 5. other areas -other wetlands. ORWs, shellfish waters, culturaUhistorical resources - Wetland policies as stated above, the Town' does not contain ORWs nor shellfish waters and no culturallhistorical resources have been identified. No policy is needed. 6. protection of potable water supplies - The Town will rely on the county regional water system's protection as adequate to protect the county supplied water. The policy on individual well installation is to rely on county health department requirements. 7. use of package treatment olants - The Town permits package treatment plans only as a conditional use for residential development and only if it serves development within the Town, local zoning regulates. 8. stormwater runoff associated with agriculture, residential development, etc. - The Town will continue to support the N.C. Environmental Management regulations, CAMA regulations, N.C. Land Resource regulations, and the Dare County Health Department regulations. The Town will consider local regulations in the future if circumstances necessitate. 9. marina and floating_homes — moorings or watercraft rentals, moorina fields, dry stack facilities - The Town does not permit commercial marinas floating homes, dry stacking facilities, or other floating devices other than recreational vessels. The Town relies on CAMMA regulations for mooring fields, but will consider local regulations in the future if circumstances necessitate. Boats are not permitted to be used as temporary or permanent residences. 10. industrial development impacts on fragile areas - No industrial uses are permitted by Town Zoning. 11. development susceptible to sea level rise - The Town will rely on CAMA regulations, its local zoning and subdivision regulations, FEMA floodplain regulations and other state/federal agencies to address this issue. 12. inland excavation for marinas - The Town does not permit commercial marinas, local zoning regulates. 13. damage of marshes by bulkheading - The Town will continue to cooperate with state and federal agencies including Coastal Management. The Town will consider local regulations in Ginquite Bay and the manmade canals in the future if circumstances necessitate. All bulkheading is regulated by CAIMA regulations. EO 16 14. development of sound and estuarine islands - Several small "marsh islands" exist within the Town's planning area, however their limited size and physical characteristics preclude development, thus no policy. is needed. O15. management measures designed to reduce local sources of water Quality problems - The Town will continue to rely on its zoning and subdivision site plan review process to help address this issue. - The Town is aware that herbicides/pesticides/fertiEzer use associated with the golf course may contribute to this issue. Both the Town and County conduct local water sampling programs. The Town will consider local action in the future if circumstances necessitate. B. Resource Production and Management In Southern Shores issues relevant in this category were limited but included commercial/recreational fishing, habitat areas, residential development impacts on resources and general statement on community attitude toward production and management. Issues irrelevant and not discussed include productive agricultural lands, commercial forest lands, mineral production areas included peat/phosphate mining, etc. Again, the reader should note discussion of these issues in earlier sections of the Plan, pages 1, 2, 10, 11, 12. The CRCs guidelines list eight issues in the resource production and management category. The Town's 1991 Plan did not address any of these issues per se, but some specific issues were generally dealt with'under resource protection. Please note most of these issues are not applicable to a small beach community, but rather are designed, for the most part, to be dealt with by county government. Town policies on these specific issues relevant area: O 1. commercial forest lands - None exist per se, but the Town is concerned with clear cutting or heavy modification of wooded lots. The Town may deal with this issue in the future through a local vegetation or tree ordinance. 2. commercial/recreational fishing - In recent years the commercial taking of menhaden in ocean waters has occasionally resulted in dead fish on the beach, etc. The Town has requested a marine fishery prohibition of this activity within the Town's one mile ET7 in `the ocean. C. Economic and Communitv Develo-oment As discussed earlier in the data section of the Plan, Southern Shores' economy revolves around the value of real estate within the Town and the buying power of its citizens. The Town, unlike other resort communities, does not have, nor want commercial uses typically associated with the beach. Instead, the Town desires to remain a single family residential community. For these reasons, some issues in this policy category simply do not apply to Southern Shores. Of all CRC policy categories, this section is most applicable to the Town. Current CRC guidelines list eleven issues in this category. The 1991 Plan included seventeen polices, many are deemed still valid in 1997 and are included here. As some of the previous polices are not precisely in the current guideline categories per se, some of the current policy categories were combined for clarity and brevity. Economic and Community Development issues were discussed earlier on pages 2-9. Following each numbered policy, Oplease note a listing of strategies to attain the policy. 17 1. community attitude toward growth/local commitment to providing services * Service/facilities are provided to accommodate future growth, but development pays its fair share through development fees, exaction's, or other means to shift cost to parties creating it. O * Growth pace affects Town's ability to accommodate and minimize negative effects. * The Town will monitor development rate and consider slowing it if needed. * The Town is almost completely platted; no annexation plans at present. * Maintain existing residential/commercial land use mix. * Multi -family districts are not to be enlarged, rezoning commercial to residential permitted by the zoning ordinance. * Commercial district is acceptable- as constituted; the Town may accept requests to rezone from commercial to residential on a case by case basis. * Commercial uses must serve the population of Southern Shores; continued low density detached single family community is the Town goal. 2. types, locations on desired Industries Town zoning does not permit industrial uses 3. desired urban Growth patterns/residential development desires, assessment of services * Service/facilities are provided to accommodate future growth, but development pays its fair share through development fees, exaction's, or other means to shift cost to parties creating it. * Growth pace affects Town's ability to accommodate and minimize negative effects. * The Town will monitor development rate, consider. slowing it if needed. * Town almost completely platted; no annexation plans at present. * Maintain existin& residential/commercial land use mix. * Multi -family districts are not to be enlarged, rezoning commercial to residential permitted by the zoning ordinance. * Commercial district is acceptable as constituted. The Town may accept requests to rezone from commercial to residential on a case by case basis. * Commercial uses must serve Southern Shores; low density detached single family community is the Town goal. 4. redevelopment including erosion threatened relocation No structures are ]mown to be threatened by erosion at present, if any are in the future, it is the owner's responsibility to deal with the issue. S. commitment/state/federal programs (highways, bridges. CDBG, rural water systems, etc. The Town is opposed to the five laning of Hwy. 12. The Town will continue to coordinate/cooperate with state, federal, county and other local governments on common issues, problems. 6. channel maintenance Erosion control/channel maintenance only with no adverse impacts and economic/recreational benefits occur. 7. enerov facility siting and development O None in Town planning area except electric substations. Town will request grant funds to study overhead power lines, their viability and feasibility of placing them underground. 18 8. tourism Tourist attractions are discouraged; Town to remain primarily single family residential O 9. public water access Cooperate with civic association to maintain, improve, expand for residents and guests 10. redevelopment of developed areas Existing ordinance requires combination of non -conforming lots D. Continued Public Participation Current planning guidelines include four issues in this category. The Citizen Participation Plan adopted at the beginning of this Plan update and inc.sded in the Appendix addresses all the issues here. Therefore Town policy is to abide by its adopted Citizen Participation Plan which includes ample opportunities for public involvement in the update process. D.1. St)ec,,aIIssues The Planning Board has noted that road access problems in Chicahauk and perhaps other areas may present problems for residents for evacuation, fire and police services -or other public needs. Further'study on road access in these and other areas is recommended. E. Storm Hazard Nriitization. Recovery and Evacuation OIn the 1991 Plan, the Town had 13 specific policies to deal with this policy category. The CRC's current planning guidelines contain 12 policy tooics. The Town's 1991 policies still are valid today and are contained below. Additionally, recent involvement in project Blue Sky has heightened the Town's (also state and nation's) awareness of the importance of better structural requirement in order for buildings to withstand the effects of high -winds. As of this writing it is unclear what role Blue Sky may eventually have on the state building code; nonetheless the Town has a policy on this program. The Town, as a beach community, is aware the whole Town and all of its value could be at risk anytime a storm threatens. The Town is certainly aware of the devastation brought by hurricanes Bertha and Fran in the Summer of 1996. Fortunately, the Dare County area and Southern Shores were spared the damage suffered elsewhere in the state. Southern Shores believes its zoning regulations, building code, participation in CAM A permits, active participation in the Dare County evacuation plan, and membership in the Dare County Recovery Task Force have prepared the Town as well as any other coastal community in the event of a storm. Town policies below ensure the Town meets the spirit and purpose of the CRC's guidelines in this policy category. 1. When new development is permitted in storm hazard areas, it should be at an adequate distance from those areas subject to the most severe storm forces. The Town will support and strictly enforce the setback requirements of the Coastal Area Management Act Z. Encourage privatelpublic buildings to withs,.and wind, water, hurricanes, coastal storms, enforce state building code. O 3. The Town recognizes that natural features of the barrier island, such as dunes and wetland, act to mitigate the damaging effects of hurricanes. It is the Town's policy to prote- these natural mitigation features by relying on local regulations and CA2VIA regulations. Z9 4. Coordinate pre -storm mitigation programs/policies with countylbeach communities through countywide participation. Support NFIP through participation. 5. Regulate reconstruction in hazard flood areas; redevelop only at current densities through local, state regulations. 6. Strictly enforce state building code for reconstruction; lobby for more storm -resistant requirements through local, state regulation and action.. 7. Oceanfront reconstruction only after CAMA setback line established, rely on CAMA/local ordinances. 8. Town may purchase damaged land/properties following a storm during reconstruction, Town will encourage using natural protective features, take into consideration changes such as new inlets, new drainage patterns, etc. 9. Special damage assessment team activated prior to June 1 of each year, remind team of duties. 10. Town has ordinances, plan and procedures to guide reconstruction.prior to June 1 each year, a special reconstruction task force is activated to oversee recovery ... task force will advise Town Council on reconstruction issues and will identify opportunities for future damage mitigation through managed reconstruction. 11. Town will integrate recovery into broader goals for Town and recognize storm damage may create opportunities to modify existing development patterns not otherwise possible. 12. The Town supports project Blue Sky. As the final effect this project may have on the State Building Code is unknown at this time, the Town may develop a more detailed policy in the future that will be coordinated with its other policies. XIII. Relationship of Policies and Land Classification Most policies developed during this 1997 Plan Update acknowledge the predominant O P P g P � residential nature of Southern Shores, and the preference and desire to continue this character in the future. Policies allow for future infilling on lots platted years ago, and the Town relies on the county water system and county septic tank regulations to ensure the public health, welfare and safety. Policies that encourage reasonable single family development and limited commercial uses are reflected in the transition and developed land classes. Resource protection polices ensuring a viable natural area in which to live are reflected in the conservation class. Some policies dealing with a wider range of growth management issues may have impacts in all land classes as they transcended the whole range of development regardless of where it is located. XIV. Intergovernmental Coordination At the beginning of this 1997 Plan Update, Town officials wrote to all other Dare County municipalities and Dare County government advising that Southern Shores would be updating its Plan this year. Each unit of government was advised of meeting dates, places and times and was encouraged to attend Planning Board meetings. The Town's past and present policies of relying on various county agencies, and various state and federal agencies offers good opportunities to achieve both local, regional, state and federal goals. The Town's Citizen Participation Plan offered ample opportunities O for interested citizens to participate in plan development, and this could be said to also have 20 positive impacts on neighboring communities; thus better ensuing some level of coordination on issues of common concern. Copies of the preliminary Plan are sent to area local governments for comments and Ofinal copies of the Town's Plan are routinely sent to all local governments in the county, thus affording an opportunity for coordination. Throughout this Plan update, news articles were published advising of the status of the update and interested parties were urged to participate, thus affording another opportunity for coordination. The CRC person assigned as liaison between the Commission and town, Mr. Jerry Old, was advised in writing of the Plan update schedule, meeting dates and times and was welcomed to attend Planning Board meetings. In addition to writing Dare County and other municipalities soliciting input into this Plan update, the Town's consultant was directed to contact directly the Dare- County and Kitty Hawk planners. The only notable issue expressed by each is the confusing intersection at Hwy. 12/158. Dare County advised each local government in the county has an opportunity to participate in a Transportation Improvement Committee that brings these. matters to the attention ofNCDOT. XV. Land Classification The CRC's planning guidelines present a land classification system (see .0213, T15A:07B) that is designed to allow the local government an opportunity to show geographically where certain intensity of desired land uses will occur within the Town's O Planning area. This system does not deal with the level of detail that zoning does in specifying uses such as residential or commercial, lot sizes, percent lot coverage, setbacks, etc., but rather peaks to a hierarchy of desired development densities from those that are urban in character to those that have very limited development, if developed at all. While the States system includes the Developed, Urban Transition, Limited Transition, Community, Rural, Rural with Services and Conservation Classes, of the seven only the Developed and the Conservation Classes are used in Southern Shores' land classification. These classes closely mirror the density of uses permitted in the Town's zoning ordinance and also acknowledge that the county water system is also available throughout Town to support desired development. The system also acknowledges that all lands within the planning area have been subdivided and recorded for many years, thus further noting the eventual total development of the area. The system also shows certain areas should be conserved due to their unique natural characteristics or hazardous nature. . The Developed Class applies to all subdivided areas that have some level of urban type services; water, roads, utilities and that have adequate approved septic systems. The state's conservation class is designed to illustrate areas that due to their hazards or unique natural resources should be developed cautiously, if at all. The Town has again in 1997 subdivided this broad class into three subclasses to illustrate specific circumstance in Southern Shores. Conservation I - by state definition, this class includes "all AECs and other similar lands." In Southern Shores the ocean hazard area, areas subject to flooding, the estuarine system (waters and shoreline), public trust areas, coastal wetlands, and areas regulated by the US Army Corps of Engineers "404" regulations are included in this class. Due to the small size of some of 21 these areas, the reader must refer to this definition, as many of these areas do not lend themselves to accurate mapping, and an on -site identification is often necessary. Conservation II - This class illustrates all community open space (except the Country Club property) owned by the Civic Association, or the Chicahawk property owners association. These areas should be limited to recreational and other low density uses that have very limited water needs. These areas also are small and dispersed. Conservation III - This class applies to the 300 acres of the Duck Woods Country Club. While this area is currently zoned RS-1, community and recreational facilities are permitted. While this class may have a potential for greater development than that in the Conservation II class, the Town does not intend to allow higher density development. This area and land classification is to illustrate and re-emphasize opposition to uses of this class to allow commercial, high density residential or mixed uses. This classification includes the portion of the tract fronting US Hwy. 158. 0 22 Appendix A. CITIZEN PARTICIPATION PLAN O FOR THE 1996-1997 SOUTHERN SHORES SKETCH CAMA LAND USE PLAN UPDATE In accordance with section .0215 of the CRC"s Land Use Planning Guidelines, the Town Council by resolution has adopted this Citizen Participation Plan to provide adequate participation opportunities to town residents and property owners: 1) The Planning Board is responsible for guiding and supervising the plan update and shall make recommendations to the Town Council regarding the preliminary and final plan. 2) An opinion survey will solicit public opinion on matters important to the town. The survey shall be distributed in. one or all of the following ways: a) Nlailed to each property owner in Southern Shores and Martin's Point, whether resident or absentee. b) By direct pickup at Town Hall. c) By presentation to civic groups. 3) All meetings of the Planning Board shall be public meetings to which the public is encouraged to attend. A calendar of Planning Board meetings shall be posted at Town O Hall and notices shall be published in the Coastland Times, the Sentinel_ and aired on Falcon Cable. All local Governments in Dare County will be advised -of the Town's update to the Land Use Plan, notified of the dates for the Planning Board meetings and welcomed to attend. 4) News items concerning the Land Use Plan Update will be provided to the Coastland times and the ySentinel. 5) Other participation opportunities will be provided, if needed, as they arise. 6) Upon completion of the final Land Use Plan Update, the Town Council will hold a public hearing to consider adoption of the final plan. Advertising of this hearing shall be in accordance with Section .0402(a) of the CRC"s Land Use Planning Guidelines. Such notice shall be 30 days in advance of the public hearing and shall state the date, time, place and purpose of the public hearing and shall provide that a copy of the plan will be available for review during the 30 day period. This resolution adopted this the day of February, 1997. , ' l tQ tt �L L' l ✓ /J ;>-aY or O TOWN. OF SOUTHERN SHORES 6 Skyline Road Southern Shores, North Carolina 27949-3600 LO-P Prr-rs (919) 261-2394 Mayor Pro Tern FAX 261-2394 CARL M. BERNT'SEN March 6, 1997 Dear Mayor and Council: Co=dl Members GERAL.D J. BESF=VS DIANE D. HENDERSON DIOr WOOD The Town of Southern_Shores Planning Board would like to invite you to attend any or all of the meetings pertaining to their update :oftheLandUse Plan. The regular scheduled meeting ofthe Planning.Board is the 4th✓Monday or each month at 7:30 p.m. at the Town.Hall.t".; - We welcome and encourage: -you and any ofyour-staffto'attend. Thank you in.advairc forvour support.7. Sincerely, Carrie Gordirr ` _ Town Cleric _ Printed on Recic!ed Paper 3 g,211,11 -1',t caG L-' MAI 33� 3uxpp�aCyy m��d—q g,qv �9yrn,1 Z P Y 10 a fixro °frl` G'� 03� of JS rqq s' 11 inQ 9�Icraoa o���ll� 21 , 3D3;a$8� R� ��gr�Yv�g3d N Itg U. .aZii4van,u,vrna�..e,ca�so<+�Qa[1r,17NiNnq•".3 44: ;�S(nvn9ilOZYv=C „ u-n•�sas -171.IE COASTLAND TIMES, Thursday,Fslxusry20,1117.Psl)s41) IIG►i711 CAf1G1111A So11111EpN U 5.116 , Subdlvlslon DAIIE COUlffy f 6. tlsw 6tialn"I y 8. Adlotunmenl IN711HGEIIEIIAL ni r r,�+,t o t.Adjoianby: CUufl'y OF JIISTICI! t N CAnnit! GORDIII SUVF4I011 COURT rAvIS1oll 03 7ovnt Clsrk 2 20c I laving U1ie day d,dy yuallliad as h dolitJAJAIN of Ula Galata ul Wis. ../ ^ qr Gunv IAuaklns, docassud, of ore County, 1101th Carolloa, 1 / taby plvu 11011ce to sit polsoas 1 1.ttAL kf'C dubtaJ tO Ida ustsl• to cnins to(• d wake 'yV a,and e Intrnadlala salda• CA1101 tur runt; and Utusa bolding clahns Pluudnyuosrd tli J -d1 p pulnal ua1J a�luto will puseul i ist,t for ppoyrnunl on or bulOra AWU F.brouyy a!, tpslt, D, Ippl, or UJa notice will by lowa1IA. bud;J so bor Of Utok rscovery. town ildl y. 1. Call to OrJar 71J+ tlm 2fht day of .lwtu u VOL wHJ,to,u.ulbpiAltl ._1.........2.. FILV CU of ominulaa I,LWI11.LIEEI(IIIS 3Aq.,lovsl y2JunuOarIdlmbines4. llCUoIlia atJnmtu So—c 3U,2B� b. I.uJ odnp- �"_'�.�.•f_1 e.�'_'�.I��':. • TOWN OF S6DFNERN &4ORM NOTIM OF Cu1A LAND USE PLAN UPDATE The Tam of Southern Shores naMss ao Interested parties Vwt 2 Is in the mccass dt uodawg Its Land Use Plan. The Southern Shores Planning Board win be meeting on February 24. 1997 at 7O0 pm- at the SouLhem Shores Town Hail to dlswss the Land Use Plan and oarilculany to discuss and finalize the W=gn survey. The public Is Invited to attend and public ==nett Is soncaed and encouraged. Submitted by: C. RAIE 3ORDIN Town Cant 2.20c NORTH CAROLI iA DARE COUNTY. AFFIDAVIT OF P[;BLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to adFainister oaths, personally appeared I. .............. --0 ........ ... .... who being Fast duly sworn, deposes and says: that he (she) is of The Times Printing Co., Inc., engaged in the publication of a newspaper known as THE COASTLAIND TI114ES. pub- lished. issued, and entered as second class mail -in the Town of Manteo. in said County and State: that he is authorized to make this affidavit and sworn statement: that the notice or other legal advertisement, a Lme copy of which is attached hereto, was published in TIM COASTI.A:V-D T= on the following dates: .................T--�!-ru ........................................................: and that the said newspaper in which said notice, gape_, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Sec- tions 1-596 and 1-597 of the General Statutes of North Caro- lina and was a qualified newspaper within the meaning of Section 1-597 of the General Statute of North Carolina. This .. w day of AZ4 Sworn to and subscribed to before me, this . ( ...... � G day of .......,,! �J/�....... 19....'. I Notary Public I My Commission expires:.. 0 southern shores se-e-ks Input for updaIjn� its land uIS-L plan The Southern Shores planning board is seeking input from resi- dents about the required update of the town's Coastal Area �ianaze- ment Act Land Use Plan. v A ouesionnaire will be mailed to all property owners to invite their ideas about the future of Southern Shores. Topics included pertain to growth. the environ- ment. open , spaces. recreation, roads, transportation. and public serrices. The board's review of popula- tion changes and statistics on housing to date shows an increase in both areas, but not as much as during the 1980-90 period. Economic strengths include property value and ,nedian in- comes higher than in Dare County and iionh Carolina. The planning board ask' that residents re -um the questionnaire as soon as possible. Meetings are held at Tory- -211 every founh Monday of the month at '::u ;.. A. The public is invited to attend. =or more information. call 261-2394. i PAGE 8A - OUTER BA` I<S S^cNTINEL. TrIURSDA'! At RIL _4. 19", G N T 1-? S COASTLAN C TIMES, mur:duy, n z{, tss;. ��98 ;a Southern Sh-Ores up�iales its required Land Use Flan The town of Southern Shores is in the process of updating its Sketch land Use Plan as required by the Coastal Area Management Act (C.AVMA). CAMA mandates that towns and counties in the 20-county coastal area update their plans at least every five years, and the Coastal Resources Commission (CRC) has developed planning videlines to guide this process. Hyde County, New Hanover County, Beaufort County and Onsiow County will be updating their plans this year and 19 towns, including Kill Devil Hills, Nags ;;ead, Manteo and Southern Shores in Dare County will also we updating their plans this year. Plan updates typically take about a year and give local gov- ernments the opportunity to look at population, land use, economic and other changes affecting the community. These changes help town offi- cials in decisions that affect the community so the plans are important in many ways. First, ?hey help express each local gcv- emment's views on issues such as resource protection, resources manaaement, economic and com- munity development, citizen par- ticipar.cn and storm hazard mid- :ation and others. Plans contain policies or goals on these issues and no develov- ment permit from CA tiiA may be issued that is inconsistent with the plan. All plan updates include pro- visions for local citizen involve- ment to ensure their input in plan policies. The plan updates helo local governments answer several, important questions about them- selves: Where is our communir! now? (What are we like?), Where do we want to go? (ghat do we want to be like?), and How do we get there? (What tools, such as our zoning ordinances, our Ovate: extension policies, etc. do we to attain our goals?) The Southern Shores Planram_ Board is resaonsFoie for the plan update and will make recommen- dations to the board of commis- sioners on the it. The alannim_ board rexalar meetings are on the fourth IvIondav of each month ir. town hall and all meetings arc open to the public. Addidona" meetings may be held if needed. The town will also distribute questionnaire to all property own- ers to get their ideas about the town's future. With the information Lyathere: from citizens and other sources the town can make better dec: sions on matters such as wale demand and capacity, road capac ity, economic conditions an. trends, how development north the town will impac: th.- town, etc When ccWpleted in September the plan will be endorsed by th town, then sent ro the CRC fc their certification. Upon c--r=cz tion, the plan then becomes tart u the state's coastal plan and is useL by state agencies in making deci sions about how their proerarn: affect the town. TODAY 1N H157ORY By Tha AsSCCIC'1@d Today is Thursday, February U.S. Senator S.I. ;Javakawa die -- ono- There in San Francisco at age 35. •L• poi, linty wo The Tawn of Souvwn Shares Cot=2 and Plannmg Board win be meetwg on Friday. March 21 , st no " at town tuW to discuss issues rsgaraing-the Land Use Pian. Public is imrned. o-4oa NORTH CAROLINA DARE COUNTY. AFFIDAVIT OF PUBLICATION Before the undersigned, a Notary Public of said County and State, duly commissioned, qualified, and authorized by law to administer oaths, personally tip eared ..................... who being first duly sworn, deposes and says: that he (she) is of The Times Printing Co., Inc., engaged in the publication of a newspaper known as THE COA.STLAND TI114ES, pub- lished. issued. and entered as second class mail in the Town of Manteo, in said County and State; that he is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached hereto, was published in THE COASTL UND TIMES on the following dates: ............./�G�t.�✓..�� and that the said newspaper in which said notice. paper, document, or legal advertisement was published was, at the time of each and every such publication, a newspaper meeting all of the requirements and qualifications of Sec- tiors 1-596 and 1-597 of the General Statutes of North Caro- lina and was a qualified newspaper within the meaning of Section 1-597 of the General S atutes of North Carolina. This .....7�. day ✓(!�....... , 19�7 r• ... .. Sworn to and subscribed to before me is . ... . day of .... ?l �" ' .................... 11957. Notary Public My Commission expires:. . 17l• • rn�• 0 N OUTER BANKS SENTINEL, THURSDAY- MAY 8. 1997 - PAGE 3A N ■ LAND USE UPDATE Southern Shores property owners are asked to return promptly a ques- tionnaire regarding the town's CAMA Sketch Land Use Plan Update that was mailed out recently. The planning board is charged with making the up- date changes and additions as needed, and the public is invited to attend the monthly meetings, which are held the fourth Monday of each month. At the March 24 meeting, items such as com- munity services were discussed. ac- cording to town clerk Came Gordin. The draft needs to be completed by the end of the summer. A state ;rant helps finance the update and a consultant. John Crew, Coastal Consortium. Con - suiting Planners Inc. of Washington, N.C., is providing technical assistance ■ LAND USE UPDATE Southern Shores property owners are asked to return promptly a ques- tionnaire regarding the town's CAMA Sketch Land Use Plan Update that was mailed out recently. The planning board is charged with making the up. date changes and additions as needed. and the public is invited to attend the monthly meetings, which are held the fourth Monday of each month. At the March 24 meeting, items items such as com- munity services were discussed, ac. cording to town clerk Carrie Gordin. The draft needs to be completed by the end of the summer. A state grant helps finance the update and a consultant. John Crew, Coastal Consortium, Con- sulting Planners Inc. of Washington. N.C., is providing technical assistance. 14 H 0 Z Q S. Shores continues its T UP update Southern Shores Planning Board will meet on Tuesday, May 27, at 7:30 p.m. to consider the following issues in its land use update process: economic and community development issues, storm hazard mitization and citi- zcn participation policies. Land classification and a map will be dcvcloocd showing where policies will apply in the town's planning area. The board met on Mondav aught, April 28, and continued working on its LUP update, con- sidcring numerous policies that deal with natural resource protec- tion and natural resource produc- tion issues. Discussion included considering more stringent control within Areas of Environmental Concern (AFC's) than those required by C.ANIA as well as let- ting the economy and market forces dictate when and where dcvcicpment occurs. The board also reviewed poli- cies developed in its 1991 plan and noted some policies did not rcauire' chance. The board also' noted that a questionnaire will be sent to all property owners, resi- dcnts and non-residents, and will be mailed in Nfay. The survey will ask questions on a wide range of issues, and the results will help the planning board frame final policy choices. The preliminary plan should be comolcted late: in the summer for the town council to forward to the Coastal Resources Commission (CRC) for review. When certified by the CRC, the plan is used by state agencies as a guide to how their various programs affect the town. The town received -..!rant from the state to help finance the update. and Coastal Consortium, Co^sultina Planners Inc. from Washington. N.C. is providing QS. Shores continues its LUP update Southern Shores Planning Board will meet on Tuesday, May 27, at 7:30 p.m. to consider the following issues in its land use update process: economic and community development issues, storm hazard mitigation and citi- zen participation policies. Land classification and a map will be developed showing where policies will apply in the town's planning area. The board met on Monday night. April 23, and continued working on its LUP update, con- sidcring numerous policies that deal with natural resource protec- tion and natural resource produc- tion issues. Discussion included considering more stringent control within Areas of Environmental O Concern (AEC's) than those required by CAMA as well as. let- ting the economy and market forces- dictate when and where development occurs. The board also reviewed poli- cies developed in its 1991 plan a and noted some policies did not require change. The board also noted that a questionnaire will be sent to all property owners, resi- dents; and non-residents, and will be mailed in May. The survey will y ask questions on a wide range of issues, and the results will help the W planning board frame final policy choices. j: The preliminary plan should be o completed later in the summer for z the town council to forward to the Coastal Resources Commission ..! (CRC) for review. When certified l-' by the CRC, the plan is used by state agencies as a guide to how d. 4 their various programs affec! the U town. The town received a grant from W Q the state to help finance the EZ„ uodatc, and Coastal Consortium, Consultin: Planners Inc. from W:!shinetor.. N.C. is orovidin; THE COASTLAND TIMES, Thursday, June 5,1991, Page ttA S. Shores-se'tsresource -protection - . •.,,policies durngLand 'Use Plan. update - K 44, Southern Shores Planning ers will be completed soon and is ' • Board met May 2.7 to continue its scheduled for discussion at iKL-(,: CAMA Land Use Flan Update. June meeting. The board reviewed' draft poli- Barring any unforesetm events, cies on natural resource protection the planning board should have and production issues that were the draft plan ready - for towrl established at the April meeting review in July, to then be submit-:'; and made some final adjustments. ted to the Coastal Resources Cum Additionally, new 'draft policies mission for their consideration. on economic and -'community The .board began wwi:ina development, citizen participation .the update Iast November. ThIZ-1- and storm hazard mitigation were 1997 update will be tI:_ fcunii established and will be finalized at land use plan pr=pared by th) the June meeting. town, including the original dons"", The . board also reviewed the in 1980. A grant from the: stare town's past land .classification helps finance the plan update an¢J!� map and established a draft map, local monies are also used, a�aia to be. finalized in June. -:The .When completed the plan ; 1a property owners' .survey help the town make lana-ue de' conducted -during 'May`,has: been sions and state' agencies use the:°;0 f collected. Two thousand -six hun-_ plan in deciding how their "ario:s dred and -one 2,651 ues- ,y ( )r. Q. z c . `'". � "- programs affe .. the. town: tionnaires:'were distributed and Southern Shores'-oin:,•20 cot ie: - ' 915 were•retumed for a rate of 334 percent. In the 1991 survey,3,000 ues and about 75 other mt:.aici�al;,.: were sent and 982 returned for a coastal towns in. preparng:'ai:d'- 32 percent rate. An analysis of the updating land use plans. Kitty ft _ questionnaires by year-round resi- Hawk, Nags Fiend and iVlanteo are' dents and absentee property own-° updatin, t :eir plan:; this year.: r ,. Southern Shores Appendix B. 107 1. SCORE 1991 Policies Outline and Summary CA11IA Land Use Plan Update Resource Protection Policies Fragile Areas 1 *rely on COE to protect wetlands/404 areas 1 *protect waterfront by controlling land development 1 *no, permitted or conditioned zoning for rental of motorized water borne recreational vehicles Flood Plain 1 *continue enforcing NFIP 1 •participate in FEMA Community Rating System Stormwater Runoff/Impacts on Fragile Areas 1 •support NC Environmental Management, NC Land Resources, Dare County Health Dept. Potable Water 1 *rely on Dare County regional system 1 -do not support Dare County sale of water to Currituck County Seotic tank suitability 1 •work with Dare County officials to ensure septic system installation only on suitable soil 1 *require residential lots of 20,000 sq. ft. or more 1 *permit community or package systems only for attached residential and non residential use 1 *permitted package systems must serve only development in Southern Shores Develooment Restrictions within 5' above new high water 1 *rely on present floodplain regulations/Division of Coastal Management regulations 9 SCORE Tvpes of Develooment to be Encouraaed •town almost completely platted; no annexation plans *maintain existing residential/commercial land use mix O •multi -family districts not to be enlarged, rezoning commercial to residential permitted •commercial district acceptable as constituted, no exception, accept requests to rezone from commercial to residential •commercial uses must serve Southern Shores; low density detached single family community is town goal Commitment to State/Federal Proarams •coordinate/cooperate with state, county other local governments on coFnmon issues/problems Assistance to Channel Maintenance *erosion control/channel maintenance only with no adverse impacts and economic/recreational benefits occur Enerav Facilities •none in town planning area except electric substations Tourism O *commercial tourism facilities discouraged; town to remain primarily single family Ocean/Estuarine Access •cooperate with civic association to maintain, improve, expand for residents and guests Develooment of Lands Adiacent to La000ns/Canals not CAMA Reaulated — •consider regulations within 5 years for lot coveragelsetbacks Policv Existina Overhead Power Lines Underground •as funds available, encourage power company to install underground Redevelooment of Develooed Areas O •existing ordinance requires combination of non conforming lots SCORE Joaaina/Bike Trails 1 -consider a plan for Town 1 •urge DOT to widen NC 12 as 2 lane only, widening includes jogging/biking Interior Streets 1 *reflectors to be installed on certain interior streets IV. Storm Hazard Mitigation/Recovery Storm Hazard Mitiaation and Recovery 1 -new development sited adequate in compliance with CAMA regulations 1 eencourage private/public buildings to withstand wind, water, hurricanes, coastal storms 1 *protect dunes, wetlands as mitigation technique 1 *coordinate pre -storm mitigation programs/policies with county/beach communities. support NFIP 1 •regulate reconstruction in hazard flood areas; redevelop only at current intensity 1 •strictly enforce state building code for reconstruction; lobby for more storm resistant requirements V. Public Participation 1 *review Land Use Plan periodically 1 *encourage participation, solicit through direct mailings, public hearing prior to plan update adoption M Definitions for Abbreviations CAMA' Coastal Area Management Act CRC Coastal Resources Commission NCDOT North Carolina Department of Transportation CAMA I&E Plan Implementation and Enforcement Plan for the Town's CAMA minor permit US Army Corps of Engineers United States HWY highways — state or United States as noted AEC Areas of Environmental Concern FEMA Federal Emergency Management Agency SB, SC state stream classification — the prefix "S" denotes salinity — SB, SC are defined on page 12 NEC (North Carolina) Marine Fisheries. Commission. ORWs (state classification) Outstanding Resources Water ETJ Extraterritorial Jurisdiction (applies to town's area of planning authority) CDBG Community Development Block Grants advertised by the NC Department of Commerce NFIP Nation Flood Insurance Program 0 0 0 OUTHERN SHOR q97 1 AND CLA ?LANNING AREA FIC;ATION MAP