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The Dare County Planning Board will convene for a regularly scheduled meeting on Tuesday, Feb. 7, 2023. The meeting starts at 6 p.m. in the Commissioners Meeting Room, located at 954 Marshall C. Collins Dr. in Manteo.

On the agenda is a special use permit application for The Village at Old Wharf Road Cluster Home Group Development on 10.53 acres in Wanchese.

The application is submitted by Brad Alexander of Aria Construction and Development, Inc. The land is under contract to Alexander from current owner James V. Daughtry.

The land is zoned VR, Village Residential.

Some Definitions

A cluster home development, as defined in the county’s Zoning Ordinance in Section 22.2, is “a residential group development project consisting of more than one residential dwelling on one parcel of land whereby the dwellings are occupied on a long-term basis. Such developments are subject to review and approval according to the provisions of Section 22-31.1 of the Zoning Ordinance. (Adopted 10-15-2018)”

Long-term occupancy is defined as “a residential dwelling that is occupied and used for residency and housekeeping purposes for a period of 31 days or more. (Adopted 10-15-2018)”

Ownership of cluster homes – “Cluster home sites may be transferred to individual owners with the remainder of the lot dedicated as common area owned by a homeowners association or similar entity. Cluster homes shall be occupied or rented on … for long-term occupancy as defined in Section 22-2 of the Zoning Ordinance.”

The Project

As proposed, the Village at Old Wharf Road will have 36 two-bedroom houses of 960 square feet and 24 three-bedroom houses of 1,120 square feet. The maximum size for a cluster house is 1,200 square feet. Total houses proposed are 60.

Access to the development is from Old Wharf Road onto a 22-foot-wide paved access road called Village Wharf Road on the development plans. According to the plans, the intersection has a clear line of sight to the west of 340 feet and to the east, 300 feet. The right-of-way for Village Wharf Road is 30 feet. Driveway permit or approval comes from North Carolina Department of Transportation.

The individual houses, mixed with two- and three-bedrooms, are off six 20-foot-wide paved streets with 30-foot right of ways. These streets end in cul-de-sacs.

Wastewater is to be handled by six onsite septic systems. Ten houses will be hooked to each system, which are arrayed along the west and east sides of the development. Septic permits must be obtained through Dare County Environmental Health.

Revised plans call for a centralized dumpster location at the end of the main road. The original proposal placed dumpsters at the end of each cul-de-sac.

Parking is provided under houses with one space for a two-bedroom unit and two spaces for a three-bedroom unit in addition to two spots in front of each house, as shown on the renderings. Site plan provides 204 spaces.

A vegetative buffer is proposed along three sides and a six-foot high privacy fence along the eastern boundary where the development is next to residential lots. The plans call for using flowering dogwood, crepe myrtle and Japanese privet.

Three pockets of wetlands totaling 4,032 square feet are on the property. The plans call for filling these wetlands, which requires a U.S. Army Corps of Engineers fill permit.

The plan is to manage stormwater on site through swales and basins. A stormwater management permit must be obtained from North Carolina Department of Environment Quality as well as an erosion and sediment control permit because of the land disturbance.

Draft Conditions

In the agenda packet, planning director Noah Gillam has included draft Special Use Permit #6-2022. Seventeen conditions are listed in the draft:

– Operate as prescribed. Not occupied on short-term basis.

– Improvements are in a dwelling footprint indicated on final plat. Structure not to exceed 1,200 square feet.

– Conform to setbacks.

– Footprint areas recorded in Register of Deeds. Site may be transferred to individual owners with remaining area dedicated common area owned by a homeowner association or similar entity. Such documents are not part of the agenda packet. Homeowner document must include long-term residency restriction.

– Obtain building permits with 36 months from date of Board of Commissioners approval.

– Pave roads, constructed to support 75,000 pounds as indicated by Dare County fire marshal. Roads must be certified by NC licensed engineer. All roads need a clear height of 13 feet 6 inches.

– No parking on roads allowed.

– Emergency vehicle gate on Brinkley Road needs clear 20-foot opening and lock keyed to Roanoke Island Volunteer Fire Department Knox box key.

– Install fire hydrants as indicated with a water flow rate of 1,000 gallons per minute.

– Install water lines for hydrants and basic road improvements and receive approval from the county’s fire marshal. Roads remain clear during construction.

– NCDOT must grant driveway permits or approval before disturbing land.

– No staging of equipment in or along right-of-way of Old Wharf Road (SR 1168), Brinkly Dr. (SR 1323) and Hooper Lane.

– Vegetative buffer required composed of existing hardwoods reinforced with indigenous deciduous and/or evergreen trees. Maintain in healthy, growing condition perpetually by owner or homeowner association. Build six-foot privacy fence along east property boundary with vegetative buffering.

– Submit all federal and state permits to Dare County Planning Department before disturbing ground.

– Get written approval from Dare County before making changes or deviations. Major modifications require Board of Commissioners quasi-judicial procedures. Minor modifications can be approved by planning director.

– A violation of the permit is a violation of the zoning code and the special use permit may be revoked by the Dare County Board of Commissioners. The condition details actions resulting in failure to comply.

The Planning Board will consider two minor subdivisions before the Wanchese item is addressed. The subdivisions are both on Hatteras Island:

Preliminary Plat Review, 2-Lot Minor Subdivision, Lorraine H. Burrus, 57161 Pricilla Curve Road, Hatteras. (Parcel No. 015538000)

Preliminary Plat Review, 5-Lot Minor Subdivision, Murray Bay, 52185 Mare Vista Drive, Frisco. (Parcel No. 014896000)

Section 22.65 of Dare County’s zoning ordinance states: “The Planning Board shall review any special use permit applications as a preliminary forum and provide a statement of review to the Board of Commissioners, which may include a recommendation on reasonable and appropriate conditions. However, no part of the forum or Planning Board recommendation shall be used as basis for the decision rendered by the Board of Commissioners.”

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