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HomeMy WebLinkAboutLand Use Plan 1992 Sketch Level Update-1992Town of Southern . Shores Land Use Plan 1992 Sketch Level Update January 1992 Adopted by the Southern Shores.Town Council -on 1/7/92 and certified by the'Coastal Resources 'Commission.on 1/23/92. Southern Shores Town Council Kern Pitts, Mayor Donald Bierwerth Wayne Gersen Myra I.edyard Charles Leet PROPERTY OF DIVISION OF COASTAL MANAGEMENT PLEASE DO NOT REMOVE Southern Shores Land Use Plan 1991 Sketch Level Update Table of Contents Introduction vii Living Environment 1 Town Growth: Population and Housing 2 Emerging Issues 4 Community Services and Constraints to development 6 Land Suitability Constraints 7 Land Use Planning Policies 8 Resource Protection 8 Areas of Environmental Concern 9 Economic and Community Development 10 Coastal Storm Mitigation and Recovery 11 Citizen Participation Plan 13 Land Use Classification System 13 Summary of Survey Questionnaire 14 Index 17 Maps Existing land Use Map 18 Land use Classification Map 19 Appendix: Detailed Results of Survey Separate Volume I The preparation of this report was funded in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Act of 1972, as amended, which is administered by the United States Office of Ocean and Coastal Resource Management (OCRM), National Oceanic and Atmospheric Administration, US Department of Commerce. The Planning Board acknowledges with thanks the contributions of Dick George, n Albemarle Commission, and the technical assistance provided by Dan Smith, ,ice' Southern Shores Building Inspector. 11 . 0 I Introduction U This CAMA sketch level Land Use Plan Update is the second (j update to the town's original land use plan prepared in 1980. Many of the ideas, attitudes, and policies expressed in the previous two planning periods are simply restated in this plan. The few changes that do occur generally reflect the new environmental or development issues that have emerged since the previous plan. Chief among them is Mobil Oil Corporation's off -shore drilling proposal. Inter jurisdictional conflicts that occur when different municipalities share the same boundary are another concern that has caused policy modifications. (� The NC Coastal Management Act requires that each local government unit in the twenty. coastal counties of the North Carolina Coastal Region have a land use plan, updated every five years. As a part of the land use plan, each municipality is required to state policies to address issues of concern to the state as well as local issues. The community is also required (� to document implementation strategies to carry out the policies, and to include a Land Use Classification Map. This map documents the preferred types, intensities, and patterns of development and designates resources for protection from development. This plan was developed by the Southern Shores Planning Board with assistance from the Albemarle Commission. The Town's Building Inspector provided much vital information about current and historical development policies, and changes in local, county, state and federal regulations. The plan was developed during regularly scheduled monthly meetings of the Southern Shores Planning Board. The Board developed a comprehensive questionnaire, mailed directly to the approximately 3,000 property owners, both resident and non- resident. The questionnaires were tabulated and the responses were considered in development of policies for this update. They are included as an appendix to the plan. Not all issues of concern to the Board are covered in the plan because some of the emerging issues are not yet clear enough to allow for policy development. Some of the 1990 Census data are not yet available. Since 1980 Census data are no longer relevant, they are used only where comparisons are made with present conditions. Southern Shores Planning Board Bruce Bortz, Chair Robert Trost Carl Bentsen Paige Christiansen Diane Henderson Land Use Plan Update -- 1991 Southern Shores, North Carolina Living Environment It would be difficult to find a more attractive location for the type of living environment conceptualized by the developers and residents of Southern Shores. Bounded on the east by the Atlantic Ocean, the west by Currituck Sound and Ginguite Bay, and laced with approximately six miles of navigable man-made "lagoons" (canals) that lead into the Currituck Sound, Albemarle Sound, and eventually to the Intracoastal Waterway and to the ocean. The climate is excellent: mild winters, warm summers, with average annual temperature of 61 degrees Fahrenheit. Average annual precipitation is 43 inches, with the heaviest rainfall in the summer months. Located at the east end of the Wright Memorial Bridge, the town has convenient access to the mainland. The terrain is varied and interesting. The towns oceanfront is characterized by a high, well stabilized frontal dune ridge running the entire length of the town. The crest of the frontal dune ridge averages 100 feet landward from the mean high water mark. The erosion rate along the town's beach is almost zero; some areas even show signs of accretion. Except for major high category storm events, the frontal dune can afford the town excellent protection. The back beach area west of the frontal dune extends for about a quarter of a mile, rising gradually to sparsely vegetated sand hills, some with elevations greater than fifty feet. The hills drop off suddenly into forested valleys and ridges that run parallel to the ocean. Along the southern portion of the town, the land flattens out into marshes and swamps that lead into Ginguite Bay. The town area of approximately 2,600 acres has been platted into approximately 3,000 lots. Fewer than half of the lots have structures. The town is almost entirely platted for single-family detached housing. Only two small areas near US Highway 158 have been zoned for higher densities than one house per 20,000 square feet. Pelican Watch planned unit development has permitted density of six dwelling units per acre and Mallard Cove has permitted density of ten units per acre. These areas are shown on the existing land use map. Land Use Plan Update-1991 Southern Shores Page 2 Only a single small tract of land adjacent to Duck Woods County Club remains to be subdivided. This tract is zoned RS-1 for single-family detached units with a minimum lot size of 20,000 square feet. The town's permanent population in 1980 was 395. 1990 preliminary census information established the town's population at 1,452 persons. This is a 268% increase in ten years. Seasonally, the population swells due to temporary occupancy of the many second homes and rental cottages in the community. The seasonal peak population estimates were given in the 1985 Land Use Update. The 1985 statement (slightly modified) is reprinted below. (The majority of full time residents are and will probably continue to be retirees; there are two persons per average house -hold.) .."Most summer occupancies range between 4 and 8 persons. If it is assumed that there will be 2,500 dwelling units in Southern Shores when the Town is completely developed, outside limits of a range can be established. If one-half of the units are occupied year round, the off season population would be (2500/2) x 2 = 2500. If the remaining units are occupied during the summer by an average of six people, the summer population would be (2500/2) x 6 + 2500=10,000. But the real numbers will be determined by a great many variables which are impossible to predict. For example, drastic changes in the economy or even the tax laws could make second homes much less popular or more popular. Outside limits probably should assume the current ratio of about one-third year round occupancy or (2500/3) x 2 =1,666 off season population and a full summer occupancy or (2500/3) x 2 x 6 + 1,666 = 11,332 maximum population." Town Growth and Population Change For the past two decades Dare and Currituck Counties have been among the fastest growing counties in North Carolina. Dare County's population increased by 91 % in the 1970-1980 decade and 1990 census information indicates a 70% growth rate for the 1980-1990 decade. Currituck County grew by 59% and 23.87% respectively in the past two census decades. Almost all of the growth in these two counties occurred on their Outer Banks areas. In comparison, the State of North Carolina's population grew by 15.7% in the 1970-1980 decade and by 12.7% during the 1980-1990 decade. The Town of Southern Shores was a major participant in the growth on the Outer Banks. Southern Shores was incorporated in 1979. No Town Census data are available prior to the 1980 Census. The Town population grew from 395 persons in 1980 to 1,452 persons in 1990, a phenomenal growth rate of 268%. In 1985, Martin's Point Community became an extraterritorial jurisdiction of Southern Shores. The town, as required by North Carolina General Statutes, has zoning and planning authority for Martin's Point. A resident of Martin's Point has been appointed as the extraterritorial representative on the Town of Southern Shores Planning Board. Other than zoning, planning, and building inspections, the Town of Southern Shores does not provide any services to Martin's Point. Residents of Martin's Point are not counted with Southern Shores population. Community Year 1970 1980 1985 1990 Southern Shores N/A 395 851 1,452 Dare 6,995 13,377 17,243 22,746 Currituck 11,089 13,894 13,697 13,736 Sources: North Carolina Data Center, Legislative Services Office Land Use Plan Update-1991 Southem Shores Page 3 POPULATION GROWTH: 1970-1990 For Southern Shores, Dare And Currltuck Counties 25000 20000 15000 10000 5000 0 1970 1980 1995 1990 Housing At the beginning of the 1980 decade the Town of Southern Shores contained 191 housing units and a total permanent population of 395 persons; a ratio of slightly more than two persons per housing unit. Preliminary 1990 Census information indicates that there are now about as many housing units as there are permanent residents. According to 1990 census data there are 1,450 housing units in the town and 1,452 persons, a ratio of about one housing unit per person. This can be explained by the fact that many of the houses are second homes, vacation rentals, and investment properties. Housing in Southern Shores follows a pattern that is preferred by respondents to the last three land use !♦southern shore) Dare County ©Currltuck Count The table and chart provided here display an unusually high rate of population growth in Southern Shores and the Outer Banks region. The majority of the population in the Southern Shores community has resided here less than ten years. questionnaires distributed by the town. Housing development is typically low -density, single-family dwellings. Only two small areas in the town, Mallard Cove and Pelican Watch, have development densities exceeding two units per acre. Generally speaking, the housing in the town is in excellent condition. With 836 new housing units, the 1980-1985 period exhibited the greatest growth in new housing units in the town. Housing construction in the 1985- 1990 period was approximately half that of the previous five years. Eighty-six percent of houses were built between 1980 and 1990. HOUSING CONSTRUCTION 1946-1990 1946-1969 1970-1979 1980-1983 1986- Mar 1990 0 100 200 300 400 3o0 600 700 800 900 Land Use Plan Update-1991 Southem Shores Page 4 Emerging Issues Traffic Congestion Southern Shores and Kitty Hawk, North Carolina, are the "Gateway" communities for most travelers visiting the Outer Banks area. These two communities are located side -by -side on either side of US Highway 158 as it crosses the Currituck Sound via the Wright Memorial Bridge. Southern Shores is located on the north side of this highway. The Town of Southern Shores extends westward from the Atlantic Ocean to the Currituck Sound and northward for a distance of four miles from US Highway 158, its southern boundary. For all practical purposes, all entry to and exit from the Currituck Outer Banks must go through Southern Shores. Traffic and the developments on the Currituck County Outer Banks are beginning to have a noticeable effect on the life style of Southern Shores residents. During 1989, the average daily traffic along Ocean Boulevard and Duck Road reached 14,000 vehicles per day. U. S. Highway 158, along the town's southern boundary has been upgraded from a two-lane highway to five and six lanes of traffic. Development along both sides of this highway is zoned for commercial uses. On the Southern Shores side is the Marketplace, a medium sized shopping center with a twin movie theater, restaurant, super market, junior department store and several specialty shops. Across the highway in Kitty Hawk, another shopping center and a hotel are under consideration. A franchised retail automobile establishment has recently opened for business. Farther south along the Outer Banks in the neighboring towns of Kitty Hawk, Kill Devil Hills, and Nags Head, new retail shopping centers are numerous. North of Southern Shores, the small unincorporated community of Duck, North Carolina, has developed as a trendy, up -scale tourist shopping center. The traffic has increased enough along NC Highway 12, Duck Road -- a state maintained highway corridor north to Duck and the Currituck Outer Banks — to warrant the installation of four traffic lights and concomitant turn lanes. Duck Road is scheduled in the State 1990 Transportation Improvement Plan to undergo a study for possible widening. For the most part, NC Highway 12 remains a narrow two-lane highway. The increased development of the areas north of the town were discussed in previous land -use plans. Traffic generated by this growth continues to be a matter of critical concern and an issue over which the residents of the town have very little control, except for town maintenance of streets. The town continues to urge the NC Department of Transportation to develop a second access point from the Currituck mainland to the Currituck Outer Banks without passing through Southern Shores. Potable Water Supply. The supply of fresh potable ground water for private wells is severely limited in Southern Shores and all along the Outer Banks in Dare County. Most lots in Southern Shores are served by the county -wide Dare County Regional Water System. However, some lots platted prior to the charter of the Town of Southern Shores in 1979 rely on shallow individual wells. The Town has appointed a Water Quality Committee to draw samples from the Town's canals and creeks as well as from the Sound for testing. The committee of three volunteers is working in cooperation with the Pamlico -Tar Foundation to estabish a program of continuous surface water and groundwater testing. Land Use Plan Update-1991 Southem Shores Page 5 Population Characteristics: number of comments was received from the Race, Age, Employment, and Poverty questionnaire from elderly households who were Data finding it increasingly difficult, both physically Specific detailed information from the 1990 Census and financially, to maintain their homes and concerning age and racial group segments is grounds as they would like. limited. In 1980, six non -family households were counted According to the 1980 Census, 127 or 32% of the that had incomes below poverty levels. All six of town's population was over 60 years of age in these households were headed by elderly persons. March, 1980. In the land use questionnaire recently The 1990 Census poverty data are not yet available n distributed as a part of this plan, 56% of the to update these counts. f�} permanent residents responding listed their ages as greater than 60 years. Responses to the land use The Town will survey the desires of residents questionnaire indicated that 75% of the non-resident periodically to determine any special needs. property owners who responded intend to retire and Responses to the 1990 survey rejected a proposal to move to Southern Shores. build a community center in Southern Shores. The - Dare County Department of Social Services, Adult Consideration of the special needs of elderly Services Division, now operates the Thomas A. citizens may become a greater concern in the next Baum Center, a large senior center located in Kill decade as the resident population ages. A small Devil Hills. QExisting Land Use Except for a small portion of undeveloped land classification approved by the town is a commercial adjacent to Duck Woods Country Club, all areas of area along US Highway 158 along the southern Southern Shores have been platted. The town is boundary of the town. platted almost entirely as single-family residential. (� Since 1984, a minimum lot size of 20,000 square The existing land use map shows the locations of (� feet has been required Only two areas have been these zones and the unplatted area Residential developed at greater residential densities, Mallard densities to R-8 (eight units per acre) are permitted Cove at R-10 (ten units per acre) and Pelican Watch by right in the commercial (C) zone. at R-6 (six units per acre). The only other land use Current Plans and Policies —Southern Shores CAMA Permit program The Town of Southern Shores relies on the (CAMA Local Implementation & Enforce - following regulatory tools to control development: ment Plan, Odr. No. 80-0017, 4/8/80) --Southern Shores Zoning Ordinance (Ord No.81-0026, 7/7/81, and amendments) --Southern Shores Subdivision Regulations (Ord. No. 79-0003, Arta 1, 5/23/79) —North Carolina Building Code (Ord. No, 79-0008, 8/7179) —Southern Shores Flood Hazard Manage- ment Ordinance (Ord. No. 91- ) —Dare County Health Department Environ- mental Health Program for septic tank permitting. —Chicahauk Property Owners Association and the Southern Shores Civic Associ- ation for Architectural Review. —Rules and Regulations of the Dare County Regional Water System. Land Use Plan Update-1991 Southem Shores Page 6 Community Services and Constraints to Development The Town provides street maintenance on public streets, police protection, solid waste collection (through contractual arrangements with Dare County), building inspection, and administrative services. The town relies on Dare County to pro- ide public water service, solid waste disposal, and public schools. Services are expected to be adequate to serve the anti-cipated population over the next five years. Water Services Except for a limited number of lots in the Chicahauk subdivision which are still served by private wells, water service to Southern Shores is provided by the Dare County Regional Water System. Water supplies for this system include wells at Skyco on Roanoke Island and deep wells and a reverse osmosis facility in Kill Devil Hills. Water supply is adequate for the present needs. Some communities and developers on the Currituck Outer Banks are requesting water service from Dare County. In view of potential future needs of Dare County residents and the high costs of desalination, Southern Shores may wish to encourage the Currituck County officials to develop a water supply for their Outer Banks. Joint agreements between the two Boards of County Commissioners could perhaps provide back-up supplies for each other's systems. Careful study is needed. Waste Water Treatment Southern Shores has no municipal sewage collection or treatment facility; the town relies on septic tank systems and package treatment plants for waste water treatment. Most soils in Southern Shores are suitable for septic tank usage on lots of 20,000 square feet or greater. Most of the areas with unsuitable soils have been designated as community open space. The Southern Shores Zoning Ordinance requires a minimum lot size of 20,000 square feet for single- family construction and an approved package treatment system for developments of greater density. Areas allowing more than one unit per 20,000 square feet have been kept at a minimum. Most of the undeveloped lands designated as multi- family areas five years ago have been rezoned to single family densities. Solid Waste Solid waste collection is provided through a Town contract with Dare County. Disposal is the responsibility of Dare County. The county is now engaged in a regional study to see if a regional disposal facility encompassing several counties is a feasible option. The County and the Town have also developed several recycling initiatives designed to reduce the amount of waste material entering the County landfill. The Town has established a recycling center behind the fire station on Dogwood Trail. The center is staffed by volunteers and is open several hours each week. Police Protection Southern Shores employs its own police officers. There are five patrol officers, one detective, one clerk and a chief of police. When a need for additional services is established, the Town will increase the size of the police force. Fire Protection Fire protection is provided by the Southern Shores Volunteer Fire Department under contract to the Town. There are two fire stations located in Southern Shores. Public Education Public education is a function of County government. Kitty Hawk Elementary School (grades K-5) is located in Southern Shores. Middle school and high school students attend schools outside Southern Shores. Post Office Although Southern Shores does not have a post office, the town's mailing address is expected in 1992 to be designated Southern Shores, North Carolina 27949. Land Use Plan Update-1991 Southem Shores Page 7 Land Suitability Constraints Ocean Hazard Area The ocean hazard area has only a minimal effect on development in Southern Shores. The wide, well - stabilized frontal dune ridge extending the full length of the Town's oceanfront effectively contains the ocean hazard area well in front of the dune crest. The crest of the frontal dune ridge averages approximately 100 feet landward from the Mean High Water mark. The base 100-year flood elevation in the ocean hazard area is estimated by Federal Emergency Management Agency (FEMA) to be 12 feet. Development in the ocean hazard area is controlled by the Division of Coastal Management. The Town of Southern Shores does not permit development or hard structures seaward of the frontal dune. Flood Hazard Area The flood hazard area presents a much greater constraint to development in terms of extent of land area affected. However, the constraints are not as severe as those of the ocean hazard area Development is permitted in the flood hazard area pro-vided buildings meet certain development constraints. The base floor level of the structure must be elevated above the 100-year flood elevation. This elevation is uniformly 8 feet above sea level for all of Southern Shores landward of the frontal dune ridge, but may be revised. This flood hazard area is generally located along the extended man-made lagoon system in the town and along the shores of Currituck Sound and Ginguite Creek. Approximately 80% of the land area in Martin's Point Subdivision, Southern Shores' area of extraterritorial jurisdiction, lies within the flood hazardarea Soils and Septic Tank Limitations Soil conditions produce only limited constraints to development in Southern Shores. Areas in Southern Shores deemed unsuitable for septic tank use are for the most part contained in designated community open space areas. These open space areas carry conservation land -use classifications. Some of the soils with moderate septic tank limitations can be permitted for septic tank usage by increasing the lot size or by structurally modifying the septic system. The Dare County Health Department Division of Environmental Health is the permitting agency that regulates the placement, design, and land requirements for septic systems. It is the town's policy to accept the Dare County Health Department's decisions on septic tank use. Areas of Environmental Concern (AEC) The Coastal Resources Commission has designated Ocean Hazard Svstem four categories of Areas of Environmental Concern Two Ocean Hazard System AECs occur in (AEC) in the twenty coastal counties included in Southern Shores, the Ocean Erodible Area and the the North Carolina Coastal Area Management Act: High Hazard Flood Area 1. The Ocean Hazard System 2. The Estuarine System 3. Public Water Supplies 4. Natural and Cultural Resource Areas Two of these four AEC categories, the Ocean Hazard System and the Estuarine System, are found in Southern Shores. Ocean Erodible Area The Ocean Erodible Area generally extends from the mean low-water line landward 60 times the annual erosion rate (120 feet from the fast line of stable natural vegetation) plus the 100 Year Storm recession distance (25 feet). The annual erosion rate along the Southern Shores ocean front is less than 2 feet. The landward boundary of the Ocean Erodible Area generally falls slightly west of the crest of the frontal dune ridge. Land Use Plan Update-1991 Southem Shores Page £ High Hazard Flood Area Generally this area — subject to high velocity waters, as shown on FEMA maps -- occurs seaward of the frontal dune ridge along the Southern Shores ocean front. It is seaward of the first line of vegetation, and is classified as a "V Zone." Development in this area falls under the jurisdiction of the Town's Flood Hazard Ordinance enforced by the town's building inspector. Estuarine Svstem The Estuarine System contains Estuarine Waters, Estuarine Shoreline, Public Trust Areas, and Coastal Wetland. Estuarine Waters The Estuarine Waters area adjacent to Southern Shores and the extraterritorial jurisdiction area of Martin's Point are the estuarine waters of Currituck Sound which extends along the northern third of the Town's and the entirety of Martin's Point's western boundaries. Primary jurisdiction over these waters belongs to various state and federal agencies. The Homeowners Association of Martin's Point implements uniformly applicable developmental restrictions in its Declaration, by regulating pier lengths andlocations. The Town Planning Board with input from Martin's Point Homeowners Association is currently working toward a set of regulations to control pier lengths along Currituck Sound and Ginguite Bay. Estuarine Shoreline AEC The Town's Estuarine Shoreline is a strip of land 75 feet landward of its boundary adjacent to Currituck Sound. Development in this AEC is controlled by the CAMA permitting process and is administered by the Town's building inspector in his capacity as CAMA Permit Officer. Public Trust Waters AEC Public Trust Waters include Ginguite Bay and the man-made lagoons in Southern Shores. Development along this system is controlled by the rear yard requirements of the Town's Zoning Ordinance, and bulk heading permits through the CAMA permitting process. A "No wake" speed limit within these waters, as approved by the North Carolina Wildlife Resources Commission, permits the Town to enforce these regulations. The Town is working with the Pamlico -Tar Foundation to administer a volunteer water quality monitoring program for the Town's lagoon system. This will be a continuous program staffed by volunteers from the community and using equipment, training and guidance from Tar -Pamlico Foundation. Fragile Areas The frontal dune ridge is the Town's most critical fragile area. The Town protects the dunes from any improper development and encourages the main- tenance and protection of dune stabilizing vegetation, by encouraging the construction of dune cross-overs, and by banning the use of vehicles, including All Terrain Vehicles (ATV), off -road. LAND USE PLANNING POLICIES Resource Protection Policies FRAGILE AREAS POLICIES 1. The Town shall rely on the U. S. Corps of Engineers' protection of areas designated as wetlands under Section 404 of the Clean Water Act. 2. The Town shall continue to protect its lagoon system and waterfront areas by controlling development on lands adjoining its waterway system. 3. It shall be the policy of the Town not to allow as a permitted or conditional use in any of its zoning districts the rental of motorized water bome recreational vehicles. FLOODPLAIN POLICIES 1. The Town shall continue to enforce standards prescribed under the National Flood Insurance Land Use Plan Update-1991 Southem Shores Page 9 Program to control development in flood hazard areas. 2. The Town will participate in the FEMA Community Rating System (CRS) program for flood insurance. POLICY ON STORM WATER RUN-OFF IMPACTS ON FRAGILE AREAS The Town of Southern Shores supports the regulatory programs of the NC Division of Environmental Management, the NC Division of Land Resources and the Dare County Health Department to ensure proper control of surface run- off from commercial development and street construction, of erosion and sedimentation, and of residential drainage. POLICIES ON POTABLE WATER 1. The Town shall continue to rely on the Dare County Regional Water System for its supply of potable water and for the distribution of water. When requested by citizens, the Town petitioned Dare County officials to extend the water system to serve those few homes in Southern Shores still being served by private individual wells. 2. The Town shall not encourage the County's sale of water for development in the Currituck Outer Banks until such time as mutual assistance agreements between the two County governments are reached for solving water supply problems. AEC Policies POLICIES ON OCEAN ERODIBLE AND OCEAN HAZARD AREAS 1. Development in the ocean AECs shall be carefully controlled. If development must occur in these areas, the proper location and design of shoreline structures and the preservation of natural protective features shall be required. 2. The Town of Southern Shores shall continue to encourage maintenance of the line of ocean front sand dunes by protecting the vegetation which stabilizes the dunes, by encouraging the POLICIES ON SEPTIC TANK SUITABILITY 1. The Town shall continue to work with the Dare County Health Department's Division of Environmental Health to insure that septic systems are not constructed in unsuitable soils. 2. The Town shall continue to require residential building lots of 20,000 sq. ft. or more to minimize the problem of septic tank failure. 3. The Town shall permit community or package systems for other than single family residential detached dwellings. 4. Package systems, if permitted, must serve only developments located in Southern Shores and shall comply with the Town's ordinance regulating such facilities. POLICY ON DEVELOPMENT RESTRICTIONS WITHIN AREAS FIVE FEET ABOVE MEAN HIGH WATER Southern Shores shall rely on present floodplain development regulations now enforced by the Town and on the permitting procedures enforced by the Division of Coastal Management to control development up to five feet above the mean high water mark. POLICY ON DAMAGE TO EXISTING MARSHES BY BULKHEAD INSTALLATION The Town shall continue to cooperate. with appropriate State and Federal Agencies in protecting the integrity of Public Trust Waters and Coastal Wetlands. Bulkhead construction shall be controlled by permits issued by the Division of Coastal Management. construction of wooden walkways, elevated observation platforms and sand fences, and by banning the use of vehicles offroad. POLICY ON OFF -ROAD VEHICLES The Town of Southern Shores enforces an ordinance banning the off -road use of off -road vehicles including ATVs. Land Use Plan Update-1991 Southem Shores Page 10 POLICIES ON ESTUARINE AEC SYSTEM 1. Development in or along estuarine waters, estuarine shorelines and public trust waters shall be limited to those uses currently permitted by the Zoning Ordinance and in compliance with the Coastal Area Management Act and Corps of Engineers regulations. 2. Commercial marinas, boat rental and/or jet ski operations, floating homes, dry -stack storage facilities for boats, and any other form of structure, other than a conventional boat, designed to float or otherwise occupy the surface of the water are not permitted within the lands and waters of the Town of Southern Shores. Boats are not permitted to be used as temporary or permanent residences. Economic and Community Development Policies POLICIES ON COMMUNITY ATTITUDE TOWARD GROWTH 1. The Town shall make whatever service and facility improvements necessary to accommodate future growth, but shall explore ways to ensure that new development pays its fair share of these costs. These actions may include, for instance, the imposition of facility fees, development exactions, or some other arrangement which substantially shifts a major portion of the costs of new growth to those parties creating it. The pace of growth has a significant influence on the Town's ability to accommodate it and minimize its negative effects. 2. The Town shall monitor the rate of development and consider slowing this rate, as it deems appropriate. POLICY ON IMPORTANCE OF AGRI- CULTURE, FORESTRY, MINING, FISHERIES, AND RECREATIONAL RESOURCES. Southern Shores is a low -density, single family residential community and will not allow agriculture, forestry, mining, fisheries, industry, energy facilities, active commercial recreational ventures. POLICY ON TYPES AND LOCATION OF INDUSTRIES DESIRED Industrial uses are not permitted in Southern Shores. POLICIES ON TYPES OF DEVELOPMENT TO BE ENCOURAGED 1. The Town of Southern Shores is almost completely platted and has no intention at the present time of expanding its boundaries through annexation. 2. The Town desires to maintain its existing mix of residential and commercial uses. 3. Multi -family districts are acceptable as constituted and shall not be increased in size; however, the rezoning of commercial land to residential use would be acceptable. 4. The commercial district is acceptable as constituted and shall not be expanded; however, the Town would encourage petitions for re- zoning commercially zoned land to residential. 5. Uses permitted in the commercial district shall be limited to those that serve the Southern Shores community. The Town intends to develop primarily as a low density, residential community of single-family detached housing. POLICY ON COMMITMENT TO STATE AND FEDERAL PROGRAMS The Town shall continue to coordinate and cooperate with state, county, and neighboring communities on common problems and other areas of interests. POLICIES ON ASSISTANCE TO CHANNEL MAINTENANCE 1. Shoreline erosion control and channel maintenance projects shall be supported only where no significant adverse impacts shall occur to shoreline dynamics and significant Land Use Plan Update-1991 Southem Shores Page 11 economic or recreation benefits shall accrue to Southern Shores residents. 2. The Town supports the Coastal Resources Commission's current prohibition of certain erosion control structures along ocean and estuarine shorelines. POLICY ON ENERGY FACILITIES Except for electric substations, no energy facilities are permitted within the Town of Southern Shores and its extra territorial jurisdictional lands or waters. POLICY ON TOURISM Tourist related commercial facilities and commerce shall not be encouraged within the town boundaries. It is the intent of the Town to remain primarily a single-family residential community. POLICY ON COASTAL AND ESTUARINE ACCESS The Town shall work with the Southern Shores Civic Association to maintain, improve, and expand where needed, beach, sound, and lagoon access points available for use by residents of Southern Shores and their guests. POLICY ON DEVELOPMENT OF LANDS ADJACENT TO LAGOONS AND CANALS NOT REGULATED BY CAMA The Town shall consider developing regulations within the next five years to establish setbacks and lot coverage standards for those areas not regulated by CAMA. POLICY ON PLACING EXISTING OVERHEAD POWER LINES UNDERGROUND When funds become available, the Town will encourage the power company to place power lines underground. POLICY ON REDEVELOPMENT OF DEVELOPED AREAS The Town shall use its existing development ordinances requiring the combination of non- conforming lots to regulate redevelopment in the Town. POLICIES ON JOGGING AND BIKING TRAILS 1. The Town will consider developing a plan for biking and jogging trails throughout the Town. 2. The Town will urge the Department of Transportation to widen NC 12 but to maintain the road as a two-lane road only. The street widening should also include space for bicycle and pedestrian lanes. POLICY ON INTERIOR STREETS The Town will place reflectors on the centerlines of certain interior Town -maintained streets. Land Use Plan Update-1991 Southem Shores Page 12 Coastal Storm Mitigation and Recovery Policies The Town of Southern Shores has officially adopted a Storm Mitigation and Recovery Plan. 8. Oceanfront reconstruction will not be permitted until such time as the CAMA setback line is POLICIES ON STORM HAZARD reestablished MITIGATION AND RECOVERY (� 1. When new development is permitted in storm 9. The Town will take advantage of opportunities L hazard areas, it should be at an adequate which may arise to purchase land or damaged distance from those areas subject to the most properties in hazard areas following the storm. severe storm forces. The Town will support and strictly enforce the setback requirements of 10. When undertaking reconstruction decision the Coastal Area Management Act. making, the Town will seek to encourage - redevelopment patterns which recognize and (� 2. The Town of Southern Shores will encourage utilize the natural mitigative features of the (� the construction of public and private buildings coastal environment. Redevelopment will take which are able to withstand the wind and water into consideration any changes in natural forces of hurricanes and other coastal storms. conditions brought about by the storm (e.g, new inlets, changes in drainage patterns.). 3. The Town recognizes that natural features of the barrier island, such as dunes and wetland, 11. The Town of Southern Shores will create a act to mitigate the damaging effects of special damage assessment team prior to June hurricanes. It is the Town's policy to protect 1 of each year. these natural mitigation features. (� 12. The Town has adopted a plan and certain (� 4. To the extent possible, the Town of Southern necessary ordinances and procedures to guide Shores will seek to coordinate its pre -storm the reconstruction effectively after a hurricane mitigation programs and policies with those of or severe storm. the County and the other beach communities. o 13. Prior to June 1 each year, the Town will 5. It is the policy of the Town to support the establish a special storm reconstruction task National Flood Insurance Program (NFIP), and force which will oversee the recovery and the construction and mitigation measures reconstruction process and serve as an advisory required under it. body to the Town Council on recovery and reconstruction issues. A main responsibility 6. To the extent feasible, the Town of Southern of this body will be to identify opportunities Shores will regulate the reconstruction of to mitigate future storm damage through the structures in high hazard flood areas which management of reconstruction. have been substantially damaged. Where reconstruction on such sites is allowed to take 14. The Town of Southern Shores will integrate place, it will occur only at the current recovery and reconstruction planning with the (� development intensity. broader set of planning goals and objectives for uthe community. The Town recognizes that a 7. All reconstruction will be required to conform hurricane may provide a unique opportunity to to the provisions of the North Carolina State modify existing development patterns and to Building Code. The Town of Southern Shores accomplish the Town objectives that would will strictly enforce the code as well as otherwise not be possible. continue to lobby the State for more storm - resistant building requirements. Land Use Plan Update-1991 Southem Shores Page 13 Citizen Participation Plan A public meeting will be held at the beginning of the land use planning cycle to review policy statements adopted in the previous Land Use Plan Update. The Town Council will identify existing policies it believes should be reassessed and any new issues to be addressed. Once issues are identified, a questionnaire will be prepared and distributed to all residents and property owners of record. Regular monthly meetings are held by the Planning Board at 7:30 p.m. on the fourth Monday of each month to consider the results of the questionnaire, to revise and amend existing policies as needed, and to develop new policies to address new issues. A Public Hearing will be held at least 30 days prior to the adoption of each Land Use Plan Update. POLICIES ON CONTINUING PUBLIC PARTICIPATION 1. The Southern Shores Land Use Plan shallbe reviewed periodically. 2. The public shall be encouraged to participate in all phases of this project. Input from the public shall be solicited through direct mailings addressing specific planning issues. Publicly advertised public hearings shall be held prior to the adoption of land -use plan updates or amendments. Land Use Classification System For the purpose of this sketch plan, the Town of Southern Shores is using five land use classifications: Developed, Transitional, Conservation I, II, and III. Developed: The Developed Classification includes all subdivided area to which some urban services, such as water, roads, utilities, have been made available. Q Transitional: The transitional classification consists of one small tract of unsubdivided lands adjacent to Duck Woods County Club. This area is zoned RS-1 for single (� family detached dwelling on 20,000 square foot minimum lots. Three conservation classifications are used to distinguish the different development potential of three differing types of environmentally sensitive lands. u Conservation I: Conservation I classification includes all AECs in the Town, the Ocean Erodible Zone, High Hazard Flood Area, Estuarine Waters, Estuarine Shores, Estuarine and "Section 404" Wetlands, and Public Trust Waters. Development in these areas shall allow only those uses allowed in the Town Zoning Ordinance and when combined with CAMA regulations. All Corps of Engineers "404" Wetlands, regardless of location, shall be considered in the Conservation I classification. Conservation II: The Conservation H classification consists of all lands identified as community open space and under ownership of the Sou -them Shores Civic Association or the Chicahauk Property Owners Association, with the exception of Duck Woods Country Club. These areas are generally small, scattered, irregularly shaped sites with some soil restrictions to development. Development of these sites shall be limited to community type facilities with low water usages. These facilities may include, but are not limited to: Commu-nity recreational facilities, community library, community center, etc. Conservation III: The Conservation III area consists of Duck Woods Country Club. This is a 300 acre tract with much greater development po-tential than the lands in the Conservation II classification. The area is currently zoned RS-1 single family residential. Community recreational facilities are permitted in the RS-1 zones. Land Use Plan Update-1991 Southem Shores Page 14 Development in the Conservation III classification shall be limited to community type facilities as described in conservation Class II and to low - density single-family detached residential development. Under no circumstance will it be developed at a more intense or higher density use. This classification is basically to reemphasize the town's opposition to the redevelopment of this tract as commercial, mixed -use, a medium or high density residential. This classification includes the portion of the tract fronting U. S. Highway 158. Summary of Land -use Questionnaire -- Southern Shores, NC, 1990 Introduction Active involvement of the community's residents and property owners is essential to the land use planning process. The Town of Southern Shores, 1L.1; in an effort to obtain a better understanding of the views of the Town's property owners concerning specific land use issues, prepared and distributed questionnaires to all recorded owners of Southern Shores property. Approximately 3,000 questionnaires were distributed. Property owners expressed their opinions on specific issues concerning town growth, land use policies, open space and recreation, the environment, traffic and trans-portation, public services and public facilities and miscellaneous topical issues. Opinions were solicited on possible changes to the Town's Dog Leash Law, the feasibility of constructing a town community center, and desires for specialized facilities that could be included in a community center. The Town received 982 responses to the questionnaire, a response rate of 32.7% overall (65.9% non-resident, 34.1% resident). This is the lowest response rate of the three Southern Shores Land Use Questionnaires. The Town's practice of using mail -out questionnaires to survey citizens opinions and attitudes began in 1980 and has continued at regular five-year intervals in the land use plan update process. The Town uses these surveys as a method of reassessing property owners' views on a set of fundamental issues. Several questions in this year's survey were asked in pre-vious surveys. Town Growth Attitudes concerning town growth have not changed during the last five years. Residents and non- residents alike desire a low density, single-family residential community with slow, well -managed growth. They do not want to encourage more tourist oriented commerce, but prefer to have limited commercial areas primarily for residents. New facilities for ex-panding services (e.g, streets and water -lines) are not desired. If existing facilities and services must be expanded because of new growth, the cost of this expansion should be borne by developers and new homeowners. Further, Southern Shores should manage further growth to minimize negative effects on environmental quality. Land Use Policy Five questions were asked concerning the size and location of commercial areas in the town, residential building height, width of side yards, and setback regulations from public trust waters. Both residents and non-residents agree that the existing commercial area is appropriate in size and location and should not be expanded. Opinions on building height remain unchanged from the previous survey. The recent trend toward larger, wider, more elaborate homes has raised concerns about adequate space between homes and about the possible damage to the town's waterways by surface run-off because of increased ground coverage by impervious surfaces. This section summarizes the responses to the 1990 Setbacks adjacent to the lagoons in Southern questionnaire. Details of the responses and Shores and Ginguite Bay are not controlled by the comparisons to the 1986 responses to similar CAMA Regulations. There is broad support for questions will be found in an Appendix (available the Town's developing regulations similar to the on request from the Town office). CAMA regulations to protect the lagoons and Ginguite Bay. Land Use Plan Update-1991 Southem Shores Page 15 Open Space, Recreation and the Environment In both the 1990 and the 1986 surveys, respondents were rather ambivalent toward need for additional sound access. Residents were in general disagreement with the non-resident property owners, who expressed a need for more access to Currituck Sound. Seventy-seven percent of the respondents agreed that the town should preserve more open space in forested and other vegetated areas. The present attitude almost mirrors that of the 1986 survey. Respondents overwhelmingly requested local regulation of setback distances from the Town's lagoons and canals, unregulated land areas adjacent to waters regulated by CAMA, but were unsure of how great that distance should be. Traffic and Transportation The tremendous increase in traffic volumes crossing the Wright Memorial Bridge and the traffic volumes traversing Route 12 through Southern Shores have increased citizen and visitor awareness of needs for new and improved outlets to the mainland. More than two-thirds of residents and non-residents believe that another bridge should be constructed to the mainland from the Currituck Outer Banks north of Duck. Public Services and Facilities Two activities, the burying of remaining overhead utility lines and the construction of biking, jogging, and walking paths, stand out as the most important capital improvements to the greatest number of respondents. Additional comments reflected motorists' and pedestrians' concerns over the dangerous conflict between joggers and vehicular traffic. A third priority would be maintenance and repair of Town -owned bulkheads. More than three-quarters of the respondents were concerned over the deterioration of surface water quality in the town's waterways, and felt the town should undertake a study to determine the causes of the deterioration and take appropriate steps to remedy the causes. There is not yet a consensus that the town should support studies to ex-plore the feasibility of a regional sewer system. There is agreement that the town should continue to have existing utility lines placed underground, even if the town must pay for this. There is strong support for continuing to cooperate with the other beach communities and the county in exploring means of providing improved facilities and services through coordination and consol- idation of selected services and facilities, e.g, garbage collection, animal control, building inspection, etc. The Natural Environment in Southern Shores More than three -fourths of respondents chose to live in Southern Shores because of the natural envi- ronment. They consider the maritime forest of Southern Shores an important element which makes our town a special place, and therefore it should be protected by allowing only selective, limited land clearing. The respondents felt that the Town should determine if storm water runoff in Southern Shores contributes to the deterioration of water in Currituck Sound, and take action if necessary. Miscellaneous Dog leash laws are considered adequate as they stand. About half the respondents thought a referendum on sale of liquor by the drink would be acceptable, but there is no great enthusiasm for it. Background Questions There were 335 households and 803 persons represented in the pool of respondents. The majority of the residents and non-resident property owners responding to this survey do not believe there is a need for a community center facility and more than three -fourths of those respon- ding would not support a tax increase to pay for one. The most desired recreation facilities for a community center (if one were built) would be: an Land Use Plan Update-1991 Southem Shores Page 16 enclosed year-round swimming pool; tennis courts; and a performing arts facility. More than 75% of the non-resident property owners plan to become residents of Southern Shores in the future. The ages of respondents were distributed as shown below: U 20-40 40-60 60+ Total 12.1 50.0 37.8 Resident - 14.1 29.2 56.7 Non -Resident 11.2 61.0 27.8 If indeed 61 % of the current non-resident owners in the 40-60 age group moved here in the next 10 years, there would be needs for many more services for older adults in the County. More non-residents than residents have children living at home. Whether this has implications for schools is unknown; if non-residents wait until their children leave home before planning to move of Southern Shores, then it would not have any effect on Dare County schools. Both residents and non-residents indicated that using tax money to promote more tourism was not a good idea For a detailed tabulation of the questionnaires, contact the town office staff and request the Appendix to this Land Use Plan. Land Use Plan Update-1991 Southern Shores Page 17 Index 1990 census., 2 Ginguite Bay., 1 Adult Services., 5 ground water., 4 agriculture., 10 High Hazard Flood Area., 7 animal control., 15 housing., 3 Appendix., 16 incomes., 5 Areas of Environmental Concern., 7 industry., 10 Atlantic Ocean., 4 Intracoastal Waterway., 1 Average annual precipitation., 1 jogging trails., 11 average daily traffic., 4 jogging,paths, 15 bicycle lanes., 11 Kill Devil Hills., 4 biking,paths, 15 Kitty Hawk., 4 biking., 11 Land Resources., 9 Building Code, 5 land use classifications., 13 building inspection., 15 leash laws., 15 Bulkhead construction., 9 Mallard Cove., 1 CAMA Permit program, 5 Marketplace., 4 CAMA Regulations., 14 Martin's Point., 7 channel maintenance., 10 . mining., 10 climate., 1 municipal sewage., 6 Coastal Area Management Act, 7 Nags Head., 4 Coastal Resources Commission., 7 National Flood Insurance commercial areas., 14 Program., 12 commercial., 5 natural mitigation., 12 community center., 14, 15 NC Highway 12,., 4 Conservation I., 13 Ocean Erodible Area., 7 Conservation H., 13 ocean hazard area., 7 Conservation III., 13 Ocean Hazard System., 7 Currituck County., 2 off -road vehicles., 9 Currituck Outer Banks., 15 older adults., 16 Currituck Sound., 4 open space., 15 Currituck., 2 Outer Banks., 3 damage assessment., 12 overhead utility lines., 15 Dare County Health Department., 7 package systems., 9 Dare County Regional Water package treatment plants., 6 System., 4 Pamlico -Tar Foundation., 4, 8 Dare., 2 pedestrian lanes., 11 density., 3 Pelican Watch., 1 Developed., 13 performing arts facility., 16 Division of Environmental Population Characteristics, 5 Management., 9 post office., 6 Dog Leash Law., 14 Potable Water., 4, 9 Duck Road., 4 private wells., 6 Duck Woods County Club., 2 Public education., 6 Duck., 4 Public Hearing., 13 enclosed year-round swimming public meeting., 13 pool., 16 Public Trust Waters., 8, 14 energy facilities., 10 questionnaire., 13 erosion rate., 1 questionnaires., 14 Estuarine Shoreline., 8 R-10., 5 Estuarine System., 8 R-6., 5 expansion., 14 R-8., 5 facility fees., 10 reconstruction., 12 Federal Emergency Management recycling., 6 Agency., 7 redevelopment., 11 Fire protection., 6 regional sewer system., 15 flood hazard area., 7 regulatory tools., 5 Flood Hazard Manage-, 5 response rate., 14 Flood Hazard Ordinance., 8 reverse osmosis., 6 floodplain development schools., 6 regulations., 9 seasonal peak population., 2 forestry., 10 senior center., 5 garbage collection., 15 septic systems., 9 septic tank systems., 6 setback regulations., 14 setback requirements of the Coastal Area Management Act., 12 solid waste collection.. 6 sound access.. 15 Stone Mitigation and Recovery., 12 Subdivision Regulations, 5 surface run-off., 14 survey.. 14 tennis courts, 16 Thomas A. Baum Center., 5 town growth., 14 Traffic Congestion, 4 transitional., 13 Transportation Improvement Plan., 4 US Highway 158., 4 utility lines., 15 walking paths,., 15 Water Quality Committee., 4 Wildlife Resources Commission, permits the Town to enforce these regulations.. 8 Wright Memorial Bridge., 4 Zoning Ordinance, 5 ATL_,�NMC EXISTING LAND USE 1991 RS-1 and R-1 Single -Family Residential RS-6 Medium -Density Residential (6 Units per Acre) RS-10 High -Density Residential (10 Units per Acre) C Commercial Unplatted Areas W �. TOWN OF SOUTHERN SHORES 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 Management Act of 197Z as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration 0 0 0 0 0 0 0 0 0 AT L--�-NTIC LAND CLASSIFICATION MAP Developed Transitional Conservation I (Unmapped) Conservation II Conservation III u-L"W Extra Territorial Jurisdiction (Developed) n I-V A 7s GINGUI T TOWN OF SOUTHERN SHORES, 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 Management Act of 197Z as amended, which is administered by the Office of Ocean and Coastal Resources Management, National Oceanic and Atmospheric Administration 7j, A MMUMEN NE RMENEM . 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