LITTLE RIVER NECK BACKGROUND

This paper has been prepared by the Government Liaison Committee, a permanent Committee created by the Tidewater Board of Directors on behalf of its residents. The purpose of this document is to present information relevant to the geographic area within which we reside. This document is intended to provide a foundation for informing and formulating positions on issues that may have short term or long term impact on the quality of life that we enjoy.

MULTI-JURISDICTIONALFirst and foremost among those factors that characterize Little River Neck is its multi-jurisdictional character. The main thoroughfare through the Neck is a state road designated SC 236. Along this state road, property in the Neck is under the jurisdiction of two local governing authorities. Some of the parcels are in unincorporated Horry County and fall under its zoning, police and fire protection, others have been annexed within the City of North Myrtle Beach and fall under its zoning, police and fire protections.

To coordinate between the two local entities, the City of North Myrtle Beach and the Horry County Government have entered into a mutual aid agreements that, in general, provide for cooperative law enforcement and fire protection along the Neck.

All 911 calls in the county are answered by the Horry County 911 Communications Center. The Center dispatches police, fire and ambulances for all county residents as well as Atlantic Beach Police, Aynor Police, Briarcliffe Acres Police, Conway Fire Rescue, Surfside Fire Rescue and the volunteer rescue squads. Calls from North Myrtle Beach residents are transferred from the Communications Center to the city’s dispatch center.

Residents within the city of North Myrtle Beach have services like municipal water, sewer and trash pickup, while residents in the county, with one exception, have none. The exception is that with a state and federal grant, the City of North Myrtle Beach made available the sewer system to county residents from Creekside to Tidewater. The intent was to protect the Cherry Grove Marsh from the pollution resulting from failing septic systems.

The multi-jurisdictional aspect has its advantages and its disadvantages. This split provides the opportunity for each jurisdiction to bring its individual resources to service the community. For example, the County has placed fencing along the LRN Rd easement and planted crepe myrtles in an attempt to beautify the road. The City has repaved LRN Rd from Tidewater to Sea Mountain Hwy and added rumble strips.

COMPREHENSIVE PLAN The North Myrtle Beach Comprehensive plan sets the foundation for all land use decisions, from broad policy to detailed site design and development. However, it is not regulatory. For regulatory structure, we are dependent upon the officials we elect to respect the comprehensive plan and deviate from it only with strong justification. Historically the undeveloped land along Little River Neck Road (LRN Rd) has been designated low density residential in the North Myrtle Beach Comprehensive Plans which defines the designation’s purpose as to define, protect and provide low density, single-family detached housing areas and to prohibit any development that would compromise existing residential characteristics. Further, the Comprehensive plan states that future development on Little River Neck needs to be carefully managed, a special area study for the entire length of Little River Neck Road should be prepared, funding sources and consultants be identified and be completed before the Comprehensive Plan update in 2015. This update is underway.

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Concurrently, the Horry County “Envisioning 2025 – Future Land Use Map” shows the future use of the property as “Preserved Open Space” and “Scenic and Conservation Area.” However, the Horry Count Current Land Use Map defines the use as “Residential – undefined.”

LITTLE RIVER NECK ROAD IMPROVEMENTS The fact that LRN Rd is a large cul-de-sac constrains land uses that are desirable in other locations in the city. Emergency evacuation during the threat of hurricanes or wildfires is a significant challenge facing the community and city officials.

The January 2009, Northeast Transportation Plan recommended widening LRN Rd to a two lane divided roadway with bicycle and pedestrian amenities by 2015 at a cost of $7,650,000 and widened to a 4 lane divided highway to the boundaries of Tidewater by 2023 . Although initially considered during RIDE III, the widening did not make the final recommendations. The project is in the Grand Strand Transportation Plan as a Tier 2 priority A for $5 million to widen it to three lanes with a multipurpose path and construct a roundabout north of Hill Street. As a Tier 2 project, its construction can occur only if the project is a Federal Highway Administration Priority, or fundable from some future RIDE tax. It is not eligible for State Infrastructure Bank funds as the Bank only considers projects costing $100 million or more. There are 29 projects requiring $500 million in funding ahead of the widening of LRN Rd. The likelihood of it occurring with these funding sources in time to accommodate future growth is extremely low in our opinion. Continued lobbying by our elected officials to either raise the priority or identify sources of funding is critical.

The Northeast Transportation Plan also has other recommended improvements. A dedicated bike lane from Hill Street to Tidewater by 2015 at a cost of $648,000 and a round-about at Hill St, 27 th Ave and LRN Rd by 2012 at a cost of $500,000.

The City Director of Public Works advises that the Long Rang Transportation Plan will be updated during 2016 and notes that adequate right-of-way exists for a 3-lande section with multi-purpose path but not for a 5-lane section.

Before a density designation greater than R-1 be given to any property on the Neck, the comprehensive transportation plan called for in the Comprehensive Plan must be developed that includes costs and, more importantly, sources of funding and timing for Little River Neck Road improvements.

EVACUATION Because of the “one-way in, one way out” nature of the LRN Rd cul-de-sac, the LRN community is vulnerable to many natural hazards.

As the December 2010 North Myrtle Beach Hazard Mitigation Plan notes: The most likely areas for wildfires in the City are along Little River Neck Road and the Barefoot Resort areas. The Highway 31 wildfire that burned 15,000 acres in 2009 was not that long ago and was started by a homeowner burning debris on his property when it got terribly out of hand. With a goodly portion of Little River Neck in County jurisdiction where burning debris is legal, the Neck is at high risk of wildfire. Tidewater Plantation Community Association (TPCA) recognizes that each community must do its part to reduce the risks associated with wildfires and, after the 2009 wildfire, along with representatives of the SC Forestry Service conducted a “Firewise’ audit of the community. Since then, tree removal restrictions enforced by TPACA were reduced and around 4,500 trees have been removed or permitted to be removed.

While the Tidewater Community has made a major step forward, the risk from wildfire did not disappear. Both the City and County Councils must recognize that an increased density puts existing and future residents at risk should a wildfire occur in the Neck. Because there is only one way in for firefighters and only one way out for residents, lane control – making both lanes one direction towards Sea Mountain to speed evacuation - is impossible as this would prohibit access by firefighters. Extreme congestion and bottlenecks are thus highly likely and will become even more extreme and even more likely as the population grows within the Neck.

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While hurricanes strikes has been low since Irene came through in 2011 and since an evacuation has not been ordered since Hurricane Charlie in 2004, accepting this long lull as a norm would overlook Fran in 1996 and Hugo in 1989. Land use and density planning must take into consideration the likelihood of a hurricane requiring evacuation of North Myrtle Beach. A big challenge in evacuations is the limited routes that LRN Rd feeds into – Sea Mountain HWY which will bring the Cherry Grove Beach population in contention with LRN residents and then both populations must fight for access to HWY 17 with half the population of North Myrtle Beach. Congestions, bottlenecks, and accidents are all likely and put our community at risk – a risk that will grow as the Neck population grows.

The North Myrtle Beach City Council has consistently focused on developing alternate evacuation routes for residents of Barefoot Resort. The Council paved Watertower Road and now plans to extend Champion Boulevard to Barefoot. We would appreciate the same concern for our safety. Unfortunately, residents of Little River Neck do not have the option of alternate evacuation routes and must therefore count upon the City to hold the Neck to low density development to reduce our risks and those of future populations.

GROWTHThe Neck will eventually be developed. Not counting the 1074 acres owned by the Coastal Education Foundation, there are currently 2,493 acres of raw land in the Neck. With about an estimated 30% (from the Comprehensive Plan) of the property in wet lands, a zoning of R2 (8 units per acre) would create the potential of an additional 13,961 residencies versus 6,885 with a R1 zoning (4 units per acre). An R2 designation would put the equivalent of twice the entire current permanent population Note1 of North Myrtle Beach on a cul-de-sac. Imagine in a hurricane or a wildfire trying to evacuate double the current population of North Myrtle Beach along the two-lane substandardNote 2 Little River Neck Road funneling into Sea Mountain Highway.

Just one profile of a major Neck landowner provides a glimpse into the real potential for development. A major developer, Riverstone Properties owns 1,011 acres (about ½ of the available raw acreage). The Riverstone Group owns and operates The Jefferson Hotel in Richmond, Virginia; Keswick Hall in Charlottesville, Virginia; The Hermitage Hotel in Nashville, Tennessee; Kiawah Island Golf Resort on Kiawah Island; and Sea Pines Resort on Hilton Head, South Carolina. The Riverstone Group is not a typical developer; its hotels and resorts are financed internally—a rarity in the industry.

Note that Riverstone bought in 2000, at that time the Comprehensive Plan did not include what is now the Riverstone property however, there was Low Density indicated just short of it. It was not included in the Comprehensive Plan until the 2005 plan. At that time it was designated “Resource Protection and Conservation” because there were some discussions with the state to create a park that would include the property. Concurrently, the Horry County “Envisioning 2025 – Future Land Use Map” shows the future use of the property as “Preserved Open Space” and “Scenic and Conservation Area.” However, the Horry Count Current Land Use Map defines the use as “Residential – undefined.”

TRAFFICThe State of South Carolina maintains three traffic count stations in this area. Station #347 is located just south of Tidewater at the Santee Cooper distribution station on LRN Rd. Station #348 is near Palmetto Shores on LRN Rd. The third, Station # 202 is on Sea Mountain at Hill St. These stations report the following Average Annual Daily Traffic (AADT). For 2014 the reported counts are Station# 347: 4,100; Station # 348: 4,000 and Station #202: 23,100. With these traffic counts, LRN Rd and Sea Mountain are rated a level of service (LOS) of “A-C,” which is considered good.

Complicating the traffic mix in the area is the fact that LRN Rd is also a “Share the Road” bicycle Greenway Route. This particular route is intended to connect the Little River Neck area with Hill Street Park, Cherry Grove Park, and the East Coast Greenway. However, sidewalks on this designated route do not exist on LRN Rd but are limited to Hill Street and Sea Mountain Highway. As pointed out in the Northeast Area

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Transportation Plan, “These limited facilities create a disconnected network that forces cyclists and pedestrians to mix with motor traffic in an unsafe manner.”

Further the Northeast Area Transportation Plan stated: “The distance from the focus area to employment and shopping centers necessitates travel by automobile due to the lack of connectivity between neighborhoods. Likewise, the lack of connection creates longer trips by these vehicles. Little River Neck Road currently does not provide safe or efficient pedestrian, bicycle, or transit amenities. Access to the site currently is limited to one point at the intersection of Little River Neck Road and Hill Road.”

Into the overall assessment of traffic and safety should be brought forth that LRN Rd is not built to the standards for which the LOS is set for a secondary road. It has only 9 foot lanes versus SC’s standard 12 foot lanes and has no road shoulders. Note that although LRN Rd is twenty (20) foot wide and thus implies ten foot lanes, the American Association of State Transportation Officials’ (AASTO) Green Book specifies a different calculation. AASTO sets the design standards for highways and streets throughout the U.S. and recognizes the constriction imposed by lane striping when double yellow center lines are involved as in the case of LRN Rd. When that occurs, the lane width is defined as the space between the stripingNote 2. In the case of LRN Rd, the variability of the placing of the outermost white strip from one to four inches from the edge of the pavement produces an interior lane that varies from 8 foot 10 inches to 9 foot 4 inches as sampled multiple times along the road.

Federal Highway Administration studies show a 50% increase in accidents on 9 foot widths compared to the standard 12 foot lanes and a reduction in free-flow speed by 6.4 mph with no shoulders.

As it is built, drivers along LRN Rd have observed that trucks, vehicles pulling trailers and other large vehicles like the fire trucks stationed on LRN Rd affect safety and operations by off-tracking into adjacent lanes or veering of the road. Drivers on LRN Rd tend to shift even closer to the centerline as they become less comfortable in narrow lanes and traveling next to a missing shoulder. At other times, they may shift closer to the road edge and are at greater risk of driving off the paved portion of the roadway (and over potential edge drop-offs) as they meet oncoming traffic especially large trucks. This affects the safety of other drivers, as well as non-motorized users such as the many bicyclists who share the substandardNote 2

lanes.

Again, the fact that LRN Rd is a cul-de-sac also affects the LOS. When an accident occurs there are no detours possible and traffic comes to a halt. Many times residents have been blocked in traffic for hours.

These factors are not taken into consideration in determining the current LRN Rd LOS rating. Lane and shoulder widths and the lack of alternate routes have a dramatic effect on highway capacity. The real life experience of residents along LRN Rd is that the level of service is poor.

Widening of LRN Rd must get ahead of growth. Even with a consistent zoning of low density development, this growth will still result in an estimated 17,600 annual average daily tripsNote 3 when LRN Rd is fully built out.

DEVELOPMENTLRN Rd is recognized in Horry County (HC) Ordinances as an artery along which it is important to preserve the county’s natural environment and to enhance the county’s built environment (section 527). Specific buffer and landscape provisions along with tree preservation requirements are spelled out in HC ordinances. Some requirements include

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1. A buffer of existing and undisturbed woodlands in a continuous strip at least 20 feet wide; or where existing trees are not present within the landscape strip:

a. A single line of evergreen trees, not including pine species, at least six (6) feet in height after planting and space no greater than ten (20) feet apart; or,

b. A decorative privacy fence or wall at least four (4) feet in height above finished grade.2. Specific landscaping standards for nonresidential and multifamily projects.3. Detailed tree planting requirements for vehicle use areas which are visible from a platted road right-of-

way.4. Landscaping requirements for off-street surface parking lots.5. Limitation on permanent on-site signage.6. Buffer requirement between dissimilar districts or uses.

Tree protection along LRN Rd comes under the Horry County Tree Preservation Section (Section 527.4) and thus requires any parcel developed or redeveloped within the county jurisdiction along LRN Rd file a tree survey/tree location map.

However, most tree clearing has occurred and probably will occur in the future by developers deceptively using the exemption where property can be declared to be used for forest management that would include tree harvesting. Then after the harvesting filing for the zoning the owner needs for development. That was the case with the original developers of River Wynde. When the clear cutting occurred, a complaint was registered with HC zoning officials. After inspection, the County replied that the clear cutting was legal under the forest management exception. After clearing, the River Wynde owners then filed for annexation into North Myrtle Beach with a R1 zoning. Thus the owners had to comply with neither the County nor the City of North Myrtle Beach’s tree preservation ordinances. The River Wynde developers did, however, present to the County a landscape plan that showed 15 foot trees and 15 gallon shrubs on berms that would conform to the buffering requirement. However, with the sale of the property to the City, that seems to be lost.

DENSITY

With the lack of widening of LRN Rd, density must be kept down. For these reasons, Councils since the early 90’s have supported the low density designation. The largest development on the Neck, Tidewater Plantation, was approved by the Council in 1988 for a density of only 2 units per acre. The second largest, Charleston Landing has an approved density of approximately 3.6 units per acre. A smaller development, Waters Edge, was also approved for 3.6 units per acre. The River Wynde project (the property is now owned by the city of North Myrtle Beach) was annexed with an R-1 Zoning (4 units per acre). However, bucking this trend of approving low density developments by the North Myrtle Beach Council is the densest project ever approved by them along Little River Neck. Esperanza with a density of 6.0 units per acre was approved in 2007.

PENDING CURRENT PROPOSED PROJECTS

ESPERANZA (See Attached Graphic)Canal Land and Timber originally purchased the track from the Willard Family for $17,034,700 on 2/13/2006. It is currently recorded with a $10,000,000 purchase in 2008 by Canal Land and Timber, LLC who are the current owners of the 62.66 acre track adjacent to the north of Tidewater know as Esperanza. The current PDD allows the development of 375 units, consisting of 40 single family homes, 144 townhouse units, 155 condos, 36 quad units and a 50 slip boat dock. (Note the Corps of Engineering (COE) permit to construct the pier expires on 3-31-2016. The COE Branch Manager said they did have a request to extend and would be granting it.) If developed, this would be the densest development along Little River Neck (LRN) Rd.

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In 2007, during numerous public hearings, the Tidewater BOD opposed the development at its original density of 500 units and still opposed it when dropped to 375 units citing all the reasons above. In 2013, Apex Homes applied to the NMB Planning Commission to rezone the property to R-2, potentially a density of around 8 units per acre. The BOD met in the public hearing with the Planning Commission in opposition. Subsequently, the Planning Commission denied the application.

The City has been approached by interested parties to begin developing the property under the approved PDD. However, the development agreement that is a part of the PDD requires the payment of $400,000 by the developer as a mitigation impact on city infrastructure such as parks, recreation, and beach accesses. These parties would like to open discussions on the payment of the $400,000 as that is hampering the sale and development of the land.

On May 5, 2016, the Tidewater Board of Directors passed the following motion. The Tidewater Board of Directors hereby resolve that the approved density of the Esperanza PDD at 6 units per acre is inconsistent with 1) the comprehensive plan which calls for low density along LRN Road, 2)the historically approved low densities of other developments in the immediate area, 3)the Long Range Transportation Plan which calls for widening LRN Rd, 4) concerns about evacuation because of the “one way in, one way out” nature of LRN Rd and 3)the potential of an additional 7,000 or more residences being built along LRN in the future. Therefore, the Tidewater Board of Directors requests the North Myrtle Beach City Council to require the density be reduced before any modification of the required $400,000 payment is made.

Any decision on Esperanza is likely to be cited by Riverstone Properties as precedence setting.

MARINA DEVELOPMENT(See attached graphic)Adjacent to the South of Tidewater are three tracts of land. One on the waterway is owned by HMT, LLC; two of the principles of which are Wayne Hill and Councilman Hank Thomas and is 13.2 acres. Adjacent to that tract is the Horry County Spoilage Basin (29 acres) and towards LRN Rd is 25.3 acres owned by the City of North Myrtle Beach.

The Horry County Tax Assessor’s office has these properties on the tax rolls for the following market values: HMT - $1,257,200; Horry County Spoilage Basin - $2,289,300 and the City Property for $1,483,200.

HMT is offering the City two options.

Option one: The HMT property is in the County. The current zoning for the HMT tract is county CFA which stands for Commercial Forest/Agricultural District. This is wide open zoning which would allow without restriction - marinas, docks, restaurants, homes, stores and a lot more. The only major restrictions would be the associated parking, water and sewer requirements that go along with those uses. Under county zoning they can develop a marina, a 4 story, four hundred boat dry stack storage unit and a small marine store. The rest of the property would be used up for parking, septic and water wells. There is a small county dirt road, undeveloped and unnamed with no turn lanes on LRN Rd that will be used for access.

Option two: HMT has requested the City sell them some or all of the land the City owns. They would annex into the city and gain water and sewer. (Note: they can annex into the city without the city property as they are adjacent to the spoilage basin which is within the city limitis/jurisdiction of the city). They would then develop the same marina, the same dry stack storage and the same marine store but could add a restaurant and maybe condominiums and single family homes. (In the August 13, 2015 BOD meeting, Hatley said there is “nothing they have seen” with condo’s, however Cavanaugh said “The chances are strong that if we sell them the land they will bring in restaurant and condo’s as they were in very early paperwork”.) They would build a separate paved access road through the property and Mayor Hatley stated that the advantage gained would be the city would require the developers build turn lanes on LRN Rd and, further, she doesn’t see making any changes to the current proposal for uses for the HMT property.

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After the meeting, Jim Hulen contacted Hank Thomas for clarification of some points. Thomas said that they desire to have a restaurant on the property. Access to water and sewer would free up the space on the HMT tract that would accommodate a restaurant. Condominiums are not in the plan but, instead, some kind of low density housing consistent with the Comprehensive Plan is being considered on the River Wynde section. However, with the property adjacent to the spoilage basin the type of housing that could be marketed would have to be low cost housing. In response to whether that meant $100-$200,000, he stated much less than that. He went on to explain that they intended to build a buffer along LRN Rd to screen the housing development. As far as road access, he stated that the plan was to build an access within the River Wynde property and route it to the north and east to where the unnamed county road intersects the Horry County property. At that point they would follow the unnamed country road to its end where they have an easement across the Horry County property to the HMT tract.

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Notes:1. The US Census Bureau estimates the City of North Myrtle Beach had 27,629 housing units and a population of 14,156

in 2013. 2. City of North Myrtle Beach staff has challenged the use of the word substandard to describe LRN Rd. However, they

acknowledge that the design (20 foot wide) is obsolete and, also admit that no new road would ever be built today by the state, county or any municipality with that narrow a width. They recognize the AASTO standards would measure the lane width as between the stripes. However, they describe it as “adequate” and maintain it does not have a “poor” level of service.

3. From the Census figures above, we estimate that residents from approximately 2025 units feed directly into LRN Rd and generate 4,000 Average Annual Daily Trips (AADT). With this ratio (4,000/2025) it can be estimated that when fully built out the AADT would be 17,600 approaching the current traffic level on Sea Mountain Highway – a five lane highway.

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