Outer Banks campground in court clash with county

COINJOCK, N.C. — A campground popular with Virginians and recently named the most attractive business in Currituck County is at the center of a legal clash with the county government.

Pastel-colored cabins reminiscent of a tropical setting sit along the shores of the Currituck Sound. A grove of trees lines one side. Waterfowl and shorebirds fly overhead.

The setting prompted the Currituck County Chamber of Commerce to honor it as the most attractive business for 2020.

Property improvements began two years ago when a company bought the 480-acre site, which used to be Hampton Lodge Campground, at the north end of Waterlily Road. It was renamed Outer Banks West KOA.

The company, which goes by the name “85 and Sunny, LLC” in county documents and court records, renovated the old welcome center and event center, built a camp store and café and added a playground, arcade and butterfly garden, according to a release from Blue Water Development, the parent company that owns the campground.

“When we took over this campground, it was our goal to create a beautiful, modern space that this community could be proud of,” Todd Burbage, CEO of Blue Water Development, said in the release.

The campground was busy this year.

More than a third of the 4,500 total reservations came from Virginians, said Blue Water Development spokesman Ted Novin. Another 30% were from North Carolina.

Litigation, however, began about the same time as the upgrades.

Currituck banned new campgrounds in 2013. The four existing locations in the county were allowed as nonconforming land uses. Owners could not add more campsites and buildings or expand facilities.

Shortly after purchasing the Waterlily campground, the company asked the county to approve new plans with 314 campsites plus another 78 places for tents and a new swimming pool and a pool house.

The county planning department determined in January 2019 that the Outer Banks West KOA had 234 campsites in 2013 when campgrounds were banned and would not be allowed to add more, according to court documents. The proposed swimming pool also was rejected.

The company appealed to the county’s Board of Adjustments.

The board agreed with the county planning department and denied the additional camp sites and pool.

The company appealed to Superior Court. After a hearing in January of this year, a judge ruled in March in favor of 85 and Sunny, saying the board’s decision was arbitrary and not supported by evidence. But, he did not allow the swimming pool.

The county appealed the judge’s decision to the North Carolina Court of Appeals. The company, meanwhile, appealed the judge’s decision on the swimming pool. Both appeals are still pending

Meanwhile, the county is also considering an amendment to the development ordinance that would allow new campgrounds with limitations, said Laurie LoCicero, director of the Currituck County planning department.

The four existing campgrounds — two on Knotts Island, one on Bells Island and the KOA in Waterlily — are accessed by narrow roads that run through residential areas. Large recreational campers are a strain on the roads, she said.

Possible restrictions include a requirement that new campgrounds connect to a highway such as U.S. 158. Also, they would not be allowed to house permanent residents, only seasonal campers.

Earlier this year, the county planners sent a questionnaire to campground owners and conducted a survey of residents living nearby.

Three of the four owners wanted the option to add more campsites.

Among 228 residents who responded, about a third had concerns. Most complaints were about large RVs and heavier traffic on the narrow roads. They often have to go onto the side of the road to pass other traffic.

“Heavy traffic is dangerous,” said one respondent. “Waterlily Road is the only road in our neighborhood and is used not only by cars but by anyone who wants to walk or ride their bike and the (RVs) and fifth wheelers are going to kill someone.”

Another in support said, “The campground has never been a problem.”

Josh Bass, president of the chamber of commerce, wants the county Board of Commissioners to approve newcampgrounds. Land at the south end of the county near the Outer Banks, would be ideal and very popular, he said.

“Do we truly not want any more campgrounds in the county,” Bass said.

The county’s resident survey showed 71% favored new campgrounds. Several believed campgrounds are good for local economy and add to tourism dollars on the Currituck mainland.

“For the most part the clientele is very nice and interactive,” said a respondent. “They buy a lot of stuff and services when they leave.”

Currituck County Board of Commissioners will consider amending the campground ordinance next year, LoCicero said.