It might have seemed like a small crowd -- 15 people meeting at the Fessenden Center in Buxton on the evening of Wednesday, Sept. 26.  But, according to Elmer Midgett, chairman of the Dare County Planning Board, Hatteras Island gave a good showing as compared to the previous evening in Manteo, where the Dare County staff and government representatives outnumbered the two citizens who came to discuss the Land Use Plan (LUP) update and to provide some initial feedback to the process.

On Wednesday night, Planning Department staff members Donna Creef and Ryan Simmons joined Midgett to explain the process of the LUP update at an informational workshop.  Beth Midgett, District Four representative to the Planning Board, was also present.

The North Carolina Coastal Resource Commission requires the five-year update to the LUP, which was updated in 2003. 

Elmer Midgett pointed out that the LUP can take several cycles to achieve its goals.  For example, he stated that East Lake is the last area of unincorporated Dare County that is not zoned, a goal that was first included in the 1982 plan.  A goal of the 2003 update was to zone for commercial development not only in unzoned areas but also those with minimal S-1 zoning, such as Rodanthe, Waves, Salvo, and Frisco on Hatteras Island.

Before beginning the presentation, Elmer Midgett set the one ground rule for the evening. 

“We’re not here to debate issues, only to gather information,” he advised. 

The informal gathering began with an overview of the process by Creef.  Her mantra for the evening was to remind everyone that the LUP is a policy document, not a regulatory or enforcement document.  It is used to guide decisions about zoning and other policy changes by local lawmakers and agencies, and coastal regulators use the LUP in reviewing CAMA major permits.

After the overview, Creef led a brainstorming session about issues for policy development.

There was some directional feedback provided by Elmer Midgett during the brainstorming session. 

First, Midgett was clear that the term “workforce housing” must be used instead of “affordable housing,” a word with some negative connotations.  Second, “big box stores” cannot be zoned out, because, according to Midgett, “They’ll sue you and you’ll lose.”

During the brainstorming session, he quickly put to bed a potential dispute about the Special Environmental District (SED-1) in the Buxton Woods maritime forest with a reminder of his first and only rule. 

Finally, Midgett pointed out that architectural zoning requirements would apply to all commercial ventures, not simply larger chain-store ventures.  It is interesting to note that the implementation strategy in the 2003 plan called for “zoning amendments to include building design standards, landscaping, lighting, and sign control standards.”

Issues discussed mirrored those discussed in Manteo and included on the county survey tool.  Stormwater management, working waterfronts, public water supply and quality, rental property classification as commercial versus residential, fill regulations, workforce housing, and housing density were all identified as issues in need of policy development.

In addition, several Hatteras Island specific topics were discussed.  The SED-1 designation and its relationship to water quality, Area of Environmental Concern setbacks, public access to boat ramps,  the location of cemeteries, continued access to beach driving, and the replacement of the Bonner Bridge were added to the list.

One attendee reflected that concurrent regulatory processes at the state and federal levels may also impact the LUP process.

“This [land use planning] may all be academic,” commented Frank Jakob, referring to proposed regulations by the state Division of Water Quality (DWQ).

The DWQ is now considering regulatory changes in stormwater management regulations that could have a significant impact on land use and future development in Dare County.  The proposed changes affect such issues such as setback requirements, lot coverage, calculations of allowed land disturbance, and management of stormwater run-off.

Creef encouraged participation by all present in both the LUP update process and related regulatory procedures, and she advised that citizens can provide additional comments on the LUP directly to the Planning Department or through a survey that is now underway.

The survey was recently mailed to all residents and property owners in unincorporated Dare County, including non-resident owners, to determine their concerns and interests.  The survey is also available online to the public, including those not owning property or residing in unincorporated Dare, at http://www.surveymonkey.com/s.aspx?sm=9OGqIXLYXWm_2bCcR0RIa2rQ_3d_3d.   Surveys should be completed by October 31.

This survey is an important tool, but, as Creef explained, it is used in conjunction with current policy and the direction of the Board of Commissioners in developing the new LUP.

Ricki Shepherd of Hatteras remarked that the LUP sounds good, but without going through the zoning process, it is an ideal only.  Changing the density zoning in Hatteras village prevents further developments like Slash Creek condominiums, not the development of an LUP.

Bernie Tetreault of Avon, echoed this concern in comments he gave to the county planners and in an e-mail to the Island Free Press. He said that at the meeting he realized “that the county elected officials are well aware of them [concerns] yet seem to have a hard time coming to resolution of such issues such as workforce housing, strip commercial, stormwater management, commercial signage, architectural controls, etc.”

Their point is clear.  Public input to this document is important, but it is equally important to encourage the county commissioners and agencies to use existing tools and processes to enact the implementation strategies.  Waiting another five years to suggest that we should exert more effort into our planning may leave us with a community that grows further away from “coastal village” each passing year.

The update of the LUP is expected to take 12 to 18 months, and residents and non-resident property owners will have several chances to comment on the issues.  Regulations for citizen participation in the process are necessary for certification of the LUP by the state.

There will also be periods for submitting written comments for inclusion. Watch for updates regarding the survey results, public meeting times, and comment submission dates in future stories.  Policy may guide regulation, so it is important for the LUP to reflect the community’s vision for itself.