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Welcome to Heather Vandermyde's Real Estate Blog......

I hope you enjoy the weekly real estate updates. They will come in the form of videos,statistics,pictures, and text. Please check back weekly to find out the latest! Thanks for stopping by! If you know anyone interested in buying or selling real estate on the outer banks please let me know.

Monday, November 14, 2016

Beach Nourishment in Southern Shores? by Rob Morris

Southern Shores to test the waters on beach nourishment

By  on November 13, 2016

Old pilings and debris on the beach at Pelican Watch. (Rob Morris)
Council members want to know more about the engineering, cost and impact of a potential project and suggested including experts at a Janurary public forum.
Southern Shores plans to assess the public’s mood for joining its neighbors in a beach-widening project that almost surely would mean a tax increase.
The Town Council set Jan. 17 as the date for a forum that will examine the pros and cons, the costs, the engineering and, most importantly, whether property owners are interested in pumping sand onto the oceanfront.
While erosion is a problem for all of the town’s oceanfront, it is most acute at Pelican Watch, where surf from Tropical Storm Hermine and Hurricane Matthew this fall carved out half of the dune and exposed pieces of the old Sea Ranch hotel.
The surf has cut off parts of some stairways and left others dangling from the steep face of the remaining dune line.
Residents and property owners from the neighborhood told the Town Council at its November meeting that the loss of sand also threatened Ocean Boulevard — N.C. 12. They made an argument familiar to residents of other towns: That beach nourishment will benefit everyone by protecting tourism and the tax base.
But whether the rest of the town’s taxpayers are willing to pay to protect property where there is no direct public access remains to be seen.
Kitty Hawk’s beach nourishment project includes a 2,000- to 3,000-foot taper extending into Southern Shores at Pelican’s Reach. But if Nags Head’s five-year-old project is any indication, the tapered areas will be the first to go.
When Kitty Hawk held a forum early in its planning, a large turnout generally favored beach nourishment. But along that town’s beach, N.C. 12 routinely washes out during storms near Kitty Hawk Road, and serious flooding between the highways continues to be a problem.
At the request of Mayor Pro Tem Fred Newberry, the Southern Shores Council opted for a forum rather than the public hearing originally planned for December. The hearing had been set after the council tabled a proposal to hire Coastal Planning and Engineering to undertake an assessment of the beach, the dunes and rate of erosion.
Newberry and other council members said they wanted to know more about the engineering, cost and impact of a potential project and suggested that experts be included in the forum.
“And also, are the majority of Southern Shores property owners willing to take on beach nourishment and the costs…?” Newberry asked.
Town Manager Peter Rascoe said that including the length of the town’s beach could cost as much as $25 million.

The Kitty Hawk Beach nourishment project includes a taper just past the old pier at the Hilton Garden. (Coastal Planning & Engineering)
Kill Devil Hills, Kitty Hawk and Duck have joined together in a beach nourishment project that is scheduled to start next spring. It is using a combination of Dare County money from the Beach Nourishment Fund and bonds issued by the individual towns.
The towns will pay back the bonds with tax increases, primarily special assessments along the oceanfront. In 2011, Nags Head used a combination of a 2-cent townwide increase and an extra 16 cents per $100 of valuation along the oceanside. The oceanside tax was suspended when the bond was paid off earlier this year.
Kitty Hawk’s property owners are paying an additional 2 cents townwide and 12 cents in the oceanside municipal service district.
Great Lakes Dredge and Dock Co. successfully bid $38.95 million to use dredges to pull sand from offshore borrow areas and pump it onto the beaches of the three towns.
Southern Shores would see significant savings if it joined with Duck, Kitty Hawk and Kill Devil Hills because deploying equipment is a big part of the cost.
The project in the three towns is scheduled to begin in early spring of 2017. The forum in January and another 60 to 90 days for permitting leaves a small window for Southern Shores. The town would also have to obtain easements from oceanfront property owners to do the work.
Mayor Tom Bennett noted that when the subject of easements came up last year, the “opposition was strident.” But the easements would only allow access to put sand on the beach, not take the property, he said.
Bennett said the idea might have been miscommunicated.
“I’m concerned about that,” he said. “And it’s one of the obstacles we need to overcome.”
The forum is tentatively set for 5:30 p.m. A venue has not yet been chosen, but town officials expect the crowd will be too large for the Council’s meeting room.

Thursday, November 10, 2016

For Sale -2 bedroom 2 bath luxury condominium with great ocean views located in exclusive Victoria Place KDH.

Check out unit #304, an end unit, located on 2nd floor. Offering amazing ocean views with a southern exposure. Link to video and more details about this beautiful condominium are below.



https://youtu.be/R9jAJ-2fStQ




 
Heather T. VanderMydeSr. Broker - Realtor®
RE/MAX OCEAN REALTY 
hvandermyde@gmail.com
252-202-2375 Mobile
VANDERMYDE REAL ESTATE TEAM

www.vandermyde.com

www.obxluxuryhomes.com



If the above link 'Click Here to View Listings' does not function, copy and paste the following link into your browser address bar:
http://obarmls.paragonrels.com/publink/default.aspx?GUID=83b987b4-5a57-4131-bc81-7ba0ce26a90e&Report=Yes

For Sale -2 bedroom 2 bath luxury condominium with great ocean views located in exclusive Victoria Place KDH.

Check out unit #304, an end unit, located on 2nd floor. Offering amazing ocean views with a southern exposure. Link to video and more details about this beautiful condominium are below.



https://youtu.be/R9jAJ-2fStQ




 
Heather T. VanderMydeSr. Broker - Realtor®
RE/MAX OCEAN REALTY 
hvandermyde@gmail.com
252-202-2375 Mobile
VANDERMYDE REAL ESTATE TEAM

www.vandermyde.com

www.obxluxuryhomes.com




Marriott Hotel coming to KDH- Outer Banks Voice by Michelle Wagner

152-room Marriott would be first new KDH hotel in 30 years

By  on November 9, 2016

The site is at the southern end of KDH. (Michelle Wagner)
Town planners have endorsed plans for what would be the first new hotel to come to Kill Devil Hills in nearly three decades.
First Flight Hotel LLC has submitted a site plan for a 152-bedroom TownePlace Suites on the west side of N.C. 12 at milepost 8.5. The Marriott hotel would be built on the property once home to the Ebb Tide Motel, which closed back in 2015.
The proposal includes a three-story adjacent oceanfront restaurant and elevated outdoor swimming pool.
“They are ready to start construction as soon as they get approval,” said Kill Devil Hills Assistant Planning Director Bryan Brightbill of the Williamsburg, Va. developer.
With the Planning Board’s endorsement, the Kill Devil Hills Board of Commissioners will consider the project during its Nov. 14 meeting.
The Ebb Tide, with its 42 rooms, has been one of the many motels and cottage courts to shut down along the Outer Banks over the last 20 years. And the dwindling number of hotel rooms has grabbed the attention of local officials recently.
In January, town officials held a meeting to consider what, if anything, the municipality should do to become more hotel-friendly. This spring, commissioners amended the zoning ordinance to ease density regulations for hotels and motels in the commercial district.
The last hotel built in Kill Devil Hills was Quality Inn, erected at milepost 7. 5 in 1989, said Brightbill.
If approved, the 85,054-square-foot TownePlace Suites will have an entry level plus three floors, feature an indoor swimming pool, full kitchens and other amenities and include 227 parking spaces. About a third of those parking spaces will be under the hotel with the remaining surrounding it.
First Flight Hotel LLC purchased the 3.05-acre Ebb Tide lot, an adjoining lot, and adjacent oceanfront property this summer.
According to Dare County tax records, the current value of the 3.05-acre property is $1.47 million. The adjoining property to the north is valued at $358,000. Those properties slated for the hotel fall within the town’s commercial zoning district.
The oceanfront lots slated for the restaurant and swimming pool are valued at approximately $1.68 million combined. Both are in the municipality’s Ocean Impact Residential zone. Two homes now on the properties will either be moved or demolished, Brightbill said.
The 7,916-square-foot oceanfront building will feature the restaurant and elevated outdoor pool. The restaurant will be open to the public and have 29 parking spaces.

Also on the property is the old Ship’s Wheel restaurant. (Michelle Wagner)
The northern beaches of Dare County have lost 25 percent of their hotel and motel rooms since 2000, according to Outer Banks Visitors Bureau Managing Director Lee Nettles. During that same time period, Nags Head and Kill Devil Hills alone have lost 880 rooms. Of those, 308 were in Kill Devil Hills.
Nettles said new businesses, along with more hotel and motel rooms, are a plus to keeping the community vibrant. “We welcome it,” he said.
Jamie Chisholm, president of the Outer Banks Hotel-Motel Association, said the organization was excited about the prospect of a new hotel.
“Change is a good thing,” she said. “New hotel rooms make this area better and we don’t want to lose our visitors. It’s a good alternative for those looking for a weeklong rental and there are times during the summer when the Outer Banks doesn’t have any hotel inventory left.”
Chisholm added that the TownePlace brand would be great for the area. “It’s a nice brand and different than any one we have here.”
One local hotel owner says he welcomes the competition.
Nick Nuzzi and business partner Evelyn Ottavio own Shutters on the Banks at milepost 8. Once Colony IV, he and Ottavio’s husband, Dan, purchased the old hotel and renovated it in 2003.

The Ebb Tide closed in 2015. (Michelle Wagner)
The partners also owned Cabana East and Tanya’s Oceanhouse in Nags Head but sold them to developers in the late 1990s.
“There is a great need for more hotel rooms here,” said Nuzzi, adding that oceanfront property is disappearing quickly. “These homes are grabbing up the oceanfront and there isn’t going to be any more oceanfront lots for hotels.”


TownePlace Suites has about 300 hotels in the United States and Canada. Its first hotel opened in 1997 in Newport News, Va.

Monday, September 19, 2016

6029 Martin's Point Road For Sale in Exclusive Gated Community Martin's Point

New video and 3D Tour links below
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6029 Martin's Point Road Kitty Hawk NC



Friday, September 16, 2016

Article by Russ Lay in Outer Banks Voice....Emerald Isle makes case for unfettered beach access.

Emerald Isle makes a case for unfettered beach access

By  on September 15, 2016
Public beach or private rights?
Fourth of four parts
After reading the arguments by Gregory and Diane Nies in their legal action disputing the public’s right to use the beach on their oceanfront lot, many seem to find it easy to support their cause.
A non-scientific sampling of comments posted on other news sites that have covered this story reveal more than a few sympathizers to the Nies’ cause.
After all, either you own the property you paid for, or you don’t.
As in all law suits, there is another side, and the Town of Emerald Isle has built a diverse and impressive team of allies who have taken the time to file briefs with the state Supreme Court.
At stake is the entire foundation of the public’s beach access and its recreational uses, according arguments filed by Emerald Isle and in amicus curiae briefs.
Directly tied to the litigation is the state’s multi-billion coastal tourism economy.
As the Town of Emerald Isle notes in its brief, the beach access situation in North Carolina is far different than that in New Jersey, where the Nies are from.
There, many beaches are privately owned, and beachgoers must wear what is described in the brief as “badges” to prove they are allowed to access the dry sand beach, typically by being a guest of the hotel or club or other accommodation that owns the land.
In North Carolina, while some towns make access difficult by failing to provide parking and walkways to the beach, no local government or private property owner can deny the public the right to use the dry sand beach.
So, even in Southern Shores, which does not provide public beach access within its town limits, beachgoers can still “hike in” from points north and south of town and enjoy the beaches.
This concept plays a significant role in the development of beach communities here.
Residents don’t have to pay to use the beaches in their town, so swimmers, surfers, sunbathers and others are free to use the dry sand beach and a “beach culture” revolves around that access. With open beaches, it becomes a way of life.
Of even greater importance to the tourism economy if property owners like the Nies’ were to prevail at the Supreme Court and essentially close off the dry sand beach within their property boundaries. How would a tourism economy develop beyond the first row of oceanfront homes?
Would visitors rent a home two rows back, in the case of the Outer Banks, between the highways, if each oceanfront owner had the right to prevent those visitors from using the dry sand beach? Would the rules change daily depending on the whim of that oceanfront owner? It’s quite possible a crazy patchwork quilt would evolve, with one owner allowing access while the next denies it.
Without the development of non-oceanfront accommodations, it is probable that the number of tourists willing to visit would drop dramatically, and with that decline, the rest of the local economy would struggle to survive or develop.
Who would visit the restaurants and stores if only oceanfront tenants had guaranteed access to the beach? And if there weren’t any other things to do because of that restricted access — no restaurants, no boutiques — would tourists even want to pay $5,000 a week to stay in the Nies’ oceanfront home?
Another common thread running through the eight friend of the court briefs filed in support of Emerald Isle is that public access to the dry sand beach and the government’s right to ensure and regulate that access is firmly rooted in common law tradition dating back to the time North Carolina was still a colony governed by the Crown.
Those briefs were filed on behalf of over 50 entities and individuals, including groups such as the N.C. Travel and Tourism Coalition, the North Carolina Attorney General, the Surfrider Foundation, the North Carolina Coastal Federation and the North Carolina Association of County Commissioners, which represents the lead executive officer of every county in the state.
A brief filed by the Southern Environmental Law Center on behalf of its clients, the N.C. Coastal Federation and the N.C. Wildlife Federation argues, “The position taken by Plaintiffs in this case, if adopted, would upend North Carolina’s established law, substantially and adversely affecting members of the Coastal Federation and Wildlife Federation who use the State’s beaches to fish, swim, hunt shells, walk, and vacation with their families.”
The brief further argues: “The public’s right to use the dry sand beach in North Carolina is rooted in common law, acknowledged as part of our common heritage in our Constitution, and firmly established in our General Statutes. As this Court has recognized, “[t]he concept of the ‘public trust’ doctrine evolved from the theory that presumed that the Crown held title to tidal lands and waters for the benefit of the public.”
Emerald Isle’s filing cites public use of beaches for fishermen and others as a common practice that dates back centuries.
The town notes it adopted driving ordinances as far back as the late 1950s when Emerald Isle was incorporated, and says the General Assembly adopted regulations for beach driving in the area between Beaufort Inlet and Bouge Inlet in a defined area as “south of the dune line to the Atlantic Ocean,” a corridor that includes both the wet and dry sand beaches.
Emerald Isle also states that the Nies’ admit in their own brief they often visited Emerald Isle as vacationers for two decades prior to purchasing their oceanfront home.
The town contends the Nies’ were well aware of the beach driving ordinances when they purchased their property and took title to their land.
The town further contends “though it apparently never bothered them in previous decades when they visited the Town (and presumably used the dry sand beaches), the Nieses have become unhappy with the public’s access and use of the dry sand beach near their beach house.”
Finally, the town says the Nies’ complaints that such access diminishes the value of their property is offset by the fact their home rents for $3,000 to $5,000 per week and is currently listed for sale at $1.6 million.
In short, the general consensus is that the Nies’ never had the property right they claimed in the first place: The dry sand beach portion of their lot has always been in the public trust and common law practice, tradition, and prior local government and state law has that concept, so they lack any valid claim that the government is taking their land and must compensate them or gain their permission for its use.
In the brief filed on behalf of Dare, Currituck and Hyde counties, all of Dare’s oceanfront municipalities and the N.C. Beachbuggy Association, attorney Ben Gallop cites the same common law traditions. But he also points to laws passed by the General Assembly that clearly demonstrate the state believes the public trust doctrine applies to the entirety of what most people would commonly refer to as “the beach.”
Gallop uses the following to make his point: “The North Carolina General Assembly has established that “[n]atural indicators of the landward extent of the ocean beaches include, but are not limited to, the first line of stable, natural vegetation; the toe of the frontal dune).
Gallop writes, “Thus, the entire area of an ocean beach in North Carolina is subject to public trust rights. See N.C.G.S. § 77-20(d) and (e). Such rights ‘include, but are not limited to, the right to navigate, swim, hunt, fish, and enjoy all recreational activities in the watercourses of the State and the right to freely use and enjoy the State’s ocean and estuarine beaches and public access to the beaches.’ N.C.G.S. § 1-45.1”
Another interesting point Gallop raises is one of terminology and how two different terms, the “Mean High Water Mark” and the “Mean High Water Line,” have become confused in the case law.
Gallop defines the two different concepts, then applies them to the case at hand, pointing out the Court of Appeals, in rejecting the Nies’ appeal, applied the correct definition in affirming the dry sand beach as part of the public trust.
His analysis of the two terms also helps explain why, in some cases, local governments must obtain property owners’ permission or compensate them for use of the dry sand beach, while in other cases, such as everyday use of the beach, none is required.
The environmental groups that are lining up behind Emerald Isle are focusing their concerns on the wider aspects of traditional beach use for the general public.
Likewise, the Surfrider Foundation is also primarily concerned with the issue of access for its members and the surfing public.
There is much at stake here for Dare County and perhaps every beach community in the United States if the court decides in the Nies’ favor.
And even if the state Supreme Court upholds the Appeals Court rejection of the Neis’ case, the Pacific Legal Foundation has vowed to take the fight to the federal court system.
It may be some time before this legal issue is resolved.
Photo by Pat Morris