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The Currituck County Board of Commissioners denied a preliminary plat/special use permit for a 45-lot Type II subdivision located in Barco on the south side of the intersection of Shortcut Road and Barco Road at its February 17 meeting.

Preliminary plat applicant Seaboard Development Alliance, LLC requested a special use permit for the split-zoned parcel, consisting of mixed residential (MXR) and agriculture (AG) zones. Known as Barco Reserve, the parcel is approximately 95 acres. The front MXR portion of the property was reviewed as a traditional subdivision and the back AG part of the was reviewed as a conservation subdivision. A quasi-judicial hearing was called mid-way through the night’s meeting. Attorney Johny Hallow with Hornthal, Riley, Ellis & Maland conducted the presentation of evidence on behalf of the applicant.

Mark Bissell, president of Bissell Professional Group, testified first. He was identified as an expert witness in land use and development. He reviewed in detail the proposed plat, highlighting plans for stormwater management, transportation and wastewater, noting that the standards set out by the county were met and the proposal met all ordinances.

Questions arose regarding stormwater. The applicant proposed minimal grading was needed to establish drainage within the subdivision. Lot line swales and roadway swales would convey surface drainage into the proposed stormwater management system. Surface drainage from the lots would flow via shallow lot-line swales which would be installed to convey runoff to roadside swales and collector ditches behind the lots, as stated in the proposal. Two ponds were proposed, one in each zoned portion of the parcel.

Vice Chair Selina Jarvis asked where the water – which naturally flows onto the site from storm events currently – would go. She noted that the property was very low and wet and has been “all my life.” Bissell said the site “generally drains from north to south,” and the proposed pond and newly road would cut off additional storm water from entering the area. He noted that there were no plans to regrade the remaining open space.

Jarvis asked if the applicant would be open to phasing the MXR section differently than the AG section in order to give surrounding schools adequate time to prepare for incoming students, in the case that building booms. Later on during the hearing, applicant John Linton of Seaboard Development Alliance, LLC addressed the vice chair on this matter: “By dropping our original count from 62 to 45, we lowered the impact on schools.” He felt that the market would guide the progression of construction, anticipating one built home per month over a four-year timeframe. “I think it will naturally phase.”

Kim Tate, principal appraiser with Tate Appraisal & Consultation, Inc. was then brought up. He identified his job in this project as ensuring the subdivision would not have a harmful impact on the appreciation and/or value of the surrounding properties. Sharing that Currituck County is a “rare animal in itself,” Tate went back to 2012 and forward to matched-pair analyze overall percentages of growth in similar developments. Referencing Holly Ridge and The Gables as two of the subdivisions under review, Tate claimed there was overall no impact to surrounding properties after construction and the properties relatively appreciated at the same rate as other properties in Moyock. “Good development promotes healthy values.”

Commissioner Tony Angell asked if Tate has analyzed subdivisions which were split in half by high power transmission lines such as this one. Tate said he had not, but felt there would not be a negative impact to surrounding properties if the value of the newly constructed lots was hindered due to the transmission lines.

Linton was the final witness called to the stand by Hallow. He addressed concerns regarding expansion of U.S. 158 by NCDOT, stating that it was “hard to gauge” where road might go because NCDOT is still looking at intersection of Barco Rd. onto Shortcut Rd. and determining what type of intersection that will be. In regard to planned amenities for the subdivision, Linton shared plans for a bike path, dog park and “pocket parks” throughout the community to serve as gathering places for neighbors.

The applicant was met with caution from the commissioners in regard to the speed of development and bringing in a national builder. Jarvis expressed her concern with a national builder, as homes have gone up quickly in the northern end of the county, negatively impacting schools. “Having the assurance that we won’t build 45 homes in 12 months is comforting, knowing that we aren’t going to inundate our schools like we have in the northern end. We can’t afford that.” She added, “We’re building a $60 million elementary school on the backs of our taxpayers.” Several commissioners agreed that demand would be high for new built homes with a favorable size and price, as proposed, possibly leading to a quicker construction process.

Two residents spoke during the public comment portion of the hearing about their concerns with flooding. Robert Swain claimed he started having flooding issues on his property once the roads were paved. After sharing that a petition against development was signed by many of his neighbors, Swain asked for an in-depth water survey to be completed prior to approval of the subdivision.

Valerie Asbury came forward to testify that her property was currently experiencing several inches of standing water. She claimed the 10-ft. ditch on her property is rarely dry. “If you build, all that [water] is coming back ten times what it is now … we’re going to lose all value in our property. We’re not going to be able to use our property.”

Upon closing the public hearing, the board took a short recess. Once they returned, there was no further discussion regarding the matter. Jarvis motioned to deny the preliminary plat due to standards not being met to ensure that the user will not endanger public health and safety, storm water inconsistencies, the value of abutting land being injured, unconformity with the county’s land use plan, inconsistency with the overall infrastructure goa and inadequate public facilities due to the lack of assurance of phasing. The motion carried 5-0.

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