Town of Minnesott Beach land development plan initial draft

[From the U.S. Government Printing Office, www.gpo.gov]

1,11NNEsOTT BEACH

TOWN OF MINNESOTT BEACH

1981

LAND USE PLAN

1rQ0

EXECUTIVE SUMMARY

The preparation of this report was financially aided
through a federal grant from the National Oceanic and
Atmospheric Administration. The grant was made through
the North Carolina Department of Natural Resources and
Community Development.
4 HD
268
M56
T69
1981 COASTAL ZONE
pt.2
INFORMATION CENTER

1.2 Executive Summary

The Town is in the process of making the transformation from a

.@subdivision development and waterfront.camp area to a comprehensive

community - municipality. S.uch a transition is difficult, since munici-

pality status has required the imposition of a Town government and the

rules and regulations associated.with it. Many landowners and residents

who have previously used their land and lived in a relatively unrestricted

setting now find it necessary to cope with new restrictions. Of course,

such restrictions such as noise ordinances, zoning and subdivision regu@

lations are intended to make the entire community a better place to live.

and work. Other benefits from pooled resources such as taxes enable the

community,to have better streets, a public water system, trash removal

@and other services.

The purpose of the Plan is to establish a set of policies which

represent the present and-future desires of the Town in terms of land

use, growth, services and the environment. The Town wishes to grow at

a moderate rate as a primarily residential community, with only those

services and development characteristics to serve the needs of a resi-
dential community. The Town will protect its environment, and, realiz-

Jng the necessity of dependence upon on-lot sewage disposal for some

time to come,.wil.1 regulate development location and density to prevent

significant damage to surface and groundwater.

The Town will continue@to provide services on an as needed/budget

controlled basis. The Town will soon enact a zoning ordinance and sub-
division regulations which will regulate.densities and provide develop-

ment standards.

PART IV

POLICY FORMULATION

This section provides the rationale for and statement of Town

policies. Where feasible, implementation plans are included. Policies

are grouped according to land use categories of

Resource Protection

Resource Production.and Man'agement

Economic and Community Development

Continuing Public Participation

8.1 RESOURCE PROTECTION

A. AREAS OF ENVIRONMENTAL CONCERN

The term Area of Environmental Concern, or AEC, is used in North

.Carolina's Coastal Area Management Act (CAMA) to identify important natural

resources, both on land and water, which could be damaged if subjected to

incompatible development activity.

The Coastal Resources Commission (CRC) has identified thirteen dif-

ferent types of AECs -- in four general categories -- spelling out the

significance and the bas ic management objectives for each, and-has en-

couraged local governments to recommend those types of development, 'or use,

which they consider appropriate,in the AECs within their jurisdiction.

The AECs in Minnesott Beach fall into two general categories those

involving the Estuarine System and the Public Trust Waters.

The Estuarine System

Estuarine Waters

,All of the AECs falling under the general classification of the estuarine

system are to@be found on or connected with the Neuse River. For'Minnesott

Beach, the Neuse River makes up its entire southern border. Another

area of estuarine significance is 6 small creek which enters the Neuse

known as Alligator Gut. (See Part !1, 5-2).

The Town reCoqnizes the importance of the estuarine waters as the

dominant component and bonding element of the entire estuarine system.

The waters support the valuable commercial. and sports fisheries of the

coastal area which are comprised of estuarine dependent species. The Town

recognizes its responsibility as a developed area along the Neuse River to

prevent unnecessary further degradation of these estuarine. waters.

The Town has been developed primarily as a recreation oriented sub-

division community. No intensive development has been planned for nor

desired by the majority of residents and landowners. The historical

development of the Town has been primarily single-family homes on relative-

ly large lots acre on the average). Although concern about the quality

of the Neuse is an important issue in the Town, it is generally believed

that the style and low density development in the Town has not led to

any furtherance of water quality degradation in the Neuse. Although it

is recognized that many of the soils in the community are not favorable

for on-lot sewage disposal, the s"oils are some of the highest in the County.

Low densities appear to have averted significant problems arising from use

of on-lot sewage disposal systems. Some policy alternatives considered

have included, a) having no poli-cy on estuarine water s; b) a simple state-
ment of support of the CAMA program; c) requiring larger lot sizes through-

out the community on un-subdivided.land; d) requiring additional manage-

ment controls for on-lot sewage disposal systems; e) looking at the feasi-

bility of a public sewer system.

POLICY 1: THE TOWN RECOGNIZES THE IMPORTANCE OF HELPING TO PRE-

VENT FURTHER'SIGNIFICANT DETERIORATION OF THE WATER

QUALITY OF THE NEUSE RIVER.

Implementation: The Town supports the CAMA permitting.procedu're
which specifies compliance with use standards under 15 NCAC 7H, Section

.0208. The Town is in the process of completing a zoning ordinance and

subdivision regulations. The Town will draw the zoning boundaries in

such a way as to allow for the denser uses to be provided for in areas

where the soil properties are more suitable. Subdivision regulations

will include standards to help prevent erosion and strict provisions for

the placement and construction of on-lot sewage disposal facilities in

areas near estuarine waters.

2, Estuarine Shoreline

Estuarine shoreline, although characterized by dry land, is con-

sidered a component of the estuarine system because of association with

estuarine waters. In the Town, the estuarine shoreline is the shoreline

of the Neuse,River, as well.as along Alligator Gut for a distance of

about 500 ft. from the Neuse. Development within the estuarine shoreline

influences the quality of estuarine life and is subject to the damaging

processes of shorefront erosion and flooding.

The existing shoreline along theNeuse presently has a very narrow

sand beach. The shoreline has eroded a total of 74.8 feet over the past

thirty years. The use of more jetties along the Neuse has reduced erosion

in some areas and has trapped sand which, with vegetation, has allowed

accretion. Some individuals believe the continued man-made alterations

will simply change the pattern of erosion, allowing some areas to slow

erosion or accrete, while others suffer worse erosion rates. Alternatives

have been considered such as using Town funds to build bulkheads,

establish rip-rap, or use other means to stop erosion.. Some suggest

no man-assisted attempts should be made. Land use for dwelling units

does not appear to have caused significant erosion in Minnesott Beach.

POLICY 2. THE TOWN DESIRES TO ENSURE THAT SHORELINE DEVELOPMENT

DOES NOT SIGNIFICANTLY HARM THE ESTUARINE SYSTEM. FURTHER-

MORE, ALTERATIONS TO THE SHORELINE IN TERMS OF EROSION-CON-

TROL STRUCTURES WILL NOT BE PERMITTED BY THE TOWN ON THE

NEUSE RIVER, BUT WILL BE LEFT TO INDIVIDUAL LANDOWNERS IN

OTHER AREAS

Implementation: The Town supports the CAMA permitting procedure

which specifies compliance with use standards under 15 NCAC 7H,.Section

.0209. The Town will incorporate in its zoning ordinance and subdivision

regulations specific requirements for land uses which could cause shore-

line erosion and include in the zoning ordinance regulations which would

.disallow the use of erosion control structures.

3. Coastal Wetlands

The unique productivity of the estuarine system is supported by de-

cayed plant material and nutrients that are exported from the coastal

marshlands. The value of marshlands in the animal food chain, as nesting

areas, as nutrient and sediment traps, and as barriers against flood

hazards has been well documented.

In Minnesott Beach, few areas of significant coastal marsh exist.

What does exist is found for a distance of about 500 feet in the Alliga-

tor Gut (see Map E). These small marsh areas have limited productivity.

The recent construction of a marina in the Alligator Gut further reduces

the ecological significance of these marshes. Few alternatives are open

in terms of use or protection of coastal marsh areas for the Town. Pres-

ent state and federal regulations would prohibit any intensive use of

the areas. Types of uses the Town would support are discussed later in

the section "Suitable Land Uses in the AECs."

POLICY 3: THE TOWN RECOGNIZES THE ENVIRONMENTAL VALUE OF COASTAL

MARSHES AND DESIRES TO PROTECT THEM FROM SIGNIFICANT

DAMAGE.

Implementation: The Town supports the CAMA permitting procedure

which specifies compliance with use standards under 15 NCAC 7H, Section

.0208. The Town considers these areas as conservation use lands and will

designate them as suchin the zoning ordinance. Specific standards in con-

formance with state and federal law will be incorporated in the zoning and

.subdivision regulations.

4. Public Trust Areas

The Public Trust Areas are all of the estuarine waters mentioned pre-

viously, as well as the waters of the Alligator Gut above the estuarine

area. In these waters, the public has rights of navigation and recrea-

tion. Generally, it is federal and state policy to proLect these areas

from uses-Which would interfere with the public, right of navigation in

these waters, as well as uses which would significantly harm the biologi-

cal and physical funct ions of these waters. 'Wetlands are often found in

,.these areas which do not qualify as coastal marsh, yet have'significant

value as freshwater wetlands serving similar biological and physical

functions.

In Minnesott Beach, the Public Trust Area waters of the Alligator

Gut above the estuarine limit contain a marina development. The public's

right to navigation of this area has not been interfered with, and

the U.S. Army Corps of Engineers has been-careful to allow only ap-

propriate development while protecting areas of freshwater wetland.

POLICY 4: THE TOWN WILL NOT RESTRICT THE PUBLIC'S

RIGHT TO NAVIGATION IN PUBLI.C TRUST AREAS AND

WISHES TO PERPETUATE THEIR BIOLOGICAL VALUE.

Implementation: The Town supports the CAMA permitting procedure

which specifies compliance with use standards under 15 NCAC 7H, Section

.0208. The Town will include in its zoning ordinance and subdivision

regulations specific standards regarding land uses adjacent to public

trust areas.

B. Suitable Land Uses in the AECs

Generally, suitable land uses will be those uses which are consistent

with the CAMA permitting procedure with highest priority being uses which

foster conservation of the resources and second priority to uses which are

water dependent. In-the coastal wetlands and estuarine waters, the state

would not permit nor the Town support development such as restaurants and

businesses; residences; apartments; motels; hotels; trailer parks; park-

ing lots and private roads and highways; and factories. The state may

permit and the Town may support such uses as utility easements, fishing

piers, docks, and agricultural. uses such as faniling and forestry drainage,

as permitted under North Carolinal's Dredge and Fill Act and/or other ap-

plicable laws. Any use permitted would have to comply with the state

regulations and conditions imposed in the Townis zoning and subdivision

regulations.

On the estuarine shbreline, the uses permitted are those which are

permitted under the zoning ordinance for the zoning district. However,

the Town ma permit bulkheading to prevent erosion, except on the Neuse
y

River, and the building of piers, wharfs or marinas. CAMA use standards

for these areas must be followed along with any specific regulations in the
Town's 2oning ordinance or subdivision regulations.

C. OTHER RESOURCES

The Town has not identified any unique or especially valuable

.natural areas within its borders. 'The Town is, however, concerned.

about the destruction of vegetated areas and habitats of various species

indigenous to the area. One alternative considered to deal with vegeta-

..tion and open space was a vegetation and@open space ordinance. Another

possibility was to establish a voluntary set of rules regarding vegeta-
tion protection. 'Some believe that this issue is not nor s-hould be a

'Consideration of Town government.

POLICY 5: IT IS THE POLICY OF THE TOWN TO ENCOURAGE THE RETENTION

OF, VEGETATION, PRESERVE OPEN SPACE, AND TOALLOW THE

NATURAL TERRAIN TO BE DISTURBED AS LITTLE AS POSSIBLE.

Implementatim The Town will include in its zoning ordinance

and subdivision regulations standards regarding,open space and veoeta- G

tion When development occurs. A program of informing and educating
.citizens with regard to such resources will be developed. t

D. HISTORIC AND ARCHAEOLOGIC SITES

No specific archaeological sites or historic sites are located in the

Town. It is the policy of the-Town, however, to encourage the identification
and protection of historic and archaeological sites'should anv hp f6l,nH

E WATER

Three issues are involved in the assessment of water quallity in

the Town. The first issue is the availability and quality of water for

the Town's water system. The second issue is the effect of individual

septic systems on groundwater a nd surface water. The third issue is

the potential for flooding.

Surface and Groundwater

The Town has recently completed a water system and all areas of the

Town are served. The system has two wells available and.the facilities

are located within the Town at NC 306. The system is using water from the
Castle Hayne aquifer, the acquifer of the Oligocene li@mestone of the Tertiary
Period, Cenozoic Era.

With the present and projected densities in the Town, it is anticipated

that contamination of the community water system from septic tankIs is un-

likely. Although an alternative for attempting protection of ground and.

surface.water from future development would be larger lot sizes, the Town

does not believe this to be necessary with existing relatively large lot

sizes (average acre) and the consideration of soil capabilities for al-

lowable zoning densities. Another alternative would be a public sewer

system. However, such a system would not be feasible for some time to come,

nor would it be necessary with pl,anned policies.

The Town is primarily a recreation oriented residential community. The

Town would not permit development. of landfills or disposal of hazardous wastes.

POLICY 6: THE TOWN WILL NOT PERMIT DEVELOPMENT OR LAND USES WHICH.

WILL DEGRADE THE QUALITY.-OF THE SURFACE WATERS, GROUND-
WATER, OR SIGNIFICANTLY.LOWER THE WATER QUANTITY IN THE

AQUIFER.:

Implementation: The Town will consider soil capabilities in the

development of allowable zoning densities and the development of sub-

divisions. The Town will,review all.existing and proposed land uses

to determine possible effects on surface and groundwater before giving

necessary permits or approval.

2. Flooding

The Town is currently participating in the National Flood Insurance

Program. Presently, there are 3 structures in a flood hazard'zone since

the Town is on very high ground in relation to the river. Average height

of the river bank is 14.3 feet. At this time, the County enforces permits
on ffood-Kazard areas. When the Town appoints a zoning administrator, the

Town will enforce its own flood hazard regulations.

3. Hurricane Evacuation

Although the Town, due to its location, may not experience problems

due to hurricanes as severe as communities on the Ocean, hurricane evacua-

tion is a concern. The Town has participated in emergency preparedness

plans of the County and feels that current plans are sufficient to allow

Town. residents to be provided with adequate evacuation routing should the

need arise.

8.2 RESOURCE PRODUCTION AND MANAGEMENT

A. LAND UTILIZATION

The Town's resources are embodied in its residential character as evi-

denced by its past growth and future desires of its property owners. The

Town has no productive agricultural or forest areas, no known exploitable

minerals or industrial potential. The Town has no commercial fisheries,

although some residents continue to work at this trade. Aside from the

community commitments to care for and manage its natural surroundings and

man-made improvements, the Town's limited area precludes consideration of

non-residential uses other than limited commercial and recreation. Recrea-

tional uses are those such as boating, gol,f, swimming', fishing, tennis, etc.

POLICY 7: THE TOWN IS PRIMARILY A RESIDENTIAL COMMUNITY AND THEREFORE DOES

NOT DESIRE TO PROMOTE AGRICULTURE, FORESTRY, MINING, FISHERIES,

INDUSTRY, ENERGY FACILITIES, OR TOURIST RELATED RECREATION.

8.3 ECONOMIC AND COMMUNITY DEVELOPMENT

A. ZONING

The Town has been working toward the development of a zoning ordinance

and subdivision regulations in order to better control growth and development.

Presently, a draft has been completed on these regulations. Because the

Town is in the proc.ess of land use planning, the Town does not intend to adopt

a zoning ordinance or subdivision regulations until growth and development

policies have been adopted. At the same time, this process has the advantage

of using the management tools to greatest advantage in the land use planning

process.

One of the more important zoning issues is the minimum lot sizes and lo-

cations-of zoning boundaries. Although a great deal of the community has

already been subdivided, recent annexations have provided considerable acres

of land which, although not anticipated to be developed soon, may represent

the future development area of the Town.

Because the Town is concerned with its environment and especially the

water quality of the Neuse River, it has determined that any dense septic

tank construction in many of the more unsuitable soils for septic tank use

could prove to be detrimental to the water quality of the River. The Town

does, however, have considerable areas of soils which are suitable for sep-

tic tank use. The Town therefore has considered designing the zoning map

based upon the configuration of the soils and their capacity for@develop-

ment. Other alternatives considered were large generalized zoning areas

based upon average historical development patterns, no zoning.

ROLICY 8: THE TOWN WILL DEVELOP A ZONING ORDINANCE AND SUBDIVISION REGU-

LATIONS BASED UPON THE CAPACITY OF THE AREA TO SUPPORT DEVELOP-

VT
MENT AND WITH CONCERN FOR EN LRONMENT.

-ion: The Town is in the process of rewriting its initial draft
Implementat
on the zoning ordinance and subdivision regulations.

B. HOUSING MIX

The residential character of the Town is.a major factor fn attracting

both resident and non-resident property owners. Although the residential

character.is mainly single-family, some multi-family town house type units

@f multi-family vacation use units are found on the
exist. Also, a number 0

Neuse. Another housing type found in the community is the mobile home.

Two large mobile home parks are located near the shoreline in the vicinity

of the Neus,e River ferry dock. 3enerally, the Town is in favor of single-

family detached dwelling unit types. Well-bui'lt and managed town house

multi-family units are also acceptable. Mobile homes have not proven to
be tax advantageous to the community, and are considered by'many to be

aesthetically unpleasing.

POLICY 9: THE TOWN DESIRES TO MAINTAIN PRIMARILY SINGLE-FAMILY-DETACHED

RESIDENTIAL DEVELOPMENT AS WELL AS LIMITED AND WELL MAINTAINED

MULTI-FAMILY TOWN HOUSE UNITS. THE TOWN DOES NOT DESIRE FUR-

THER MOBILE HOME USE.

Implementation: The Town will, though its new zoning ordinance and subdivi-

sion regulations regulate and limit densities and housing types within its

zoning districts. The building code and subdivision regulations will in-

.sure proper building design and maintenance.

C. COMMERCIAL

Presently the community has limited commercial activity due to the

small size of the Town and the seasonal nature of the population increase.

A small motel and a restaU,,rant, a small fishing pier and a boat launch facil-

ity; and a ma,rina on the Alligator Gut are the extent of commercial activity.

Most residents of the Town would like to see some further commercial

activity in the Town, especially essential services suchas a gasoline sta-

tion and a grocery store. The Town considered further restricting commer-

cial activity..

POLICY 10: THE COMMERCIAL ZONE PROPOSED ON THE DRAFT ZONING MAP IS ACCEPI-

ABLE AS CONSTITUTED AND WILL NOT BE INCREASED. USES PERMITTED

IN THIS ZONE WILL BE ONLY THOSE WHICH ARE NECES':.ARY TO SUPPLY

BASIC NEEDS OF THE TOWN RESIDENTS.

Implementation: The propo5ed.zoning ordinance when adopted should imple-

ment this policy.

D. COMMUNITY SERVICES

The Town has recently completed a new Town Hall which serves to house

Town administrative facilities. Fire protection is presently located 4 miles

north in Arapahoe.. Many feel that this distance is too far for adequate

fire protection and fire insurance rates are high. Discussions are being held

about placing a fire engine in Town, operated as a substation of the Arapa-

hoe Fire District.

An issue of concern is police protection since the 'Town does not have

its own police department. Police protection is only avai.lable through the

County Sheriff's Department. Many residents have indicated a desire to have

a Town policeman. As the Town grows, a Town policeman could become a,neces

sity, especially during the summer months.

POLICT 11: THE TOWN WILL CONTINUE TO DEVELOP AND STUDY ALTERNATIVES TO

THE CURRENT FIRE AND POLICE PROTECTION PROBLEM.

Implementation: The Town Board will cost out a one-man police department

and.determine funding.alternatives to present to the community. The Town is

studying the possibility of making an addition to the Town Hall. to accommo-

date a fire eng ine.

E. WATER AND SE14ER

The recently constructed water system in terms of water quantity and

quality is sufficient to take care of the Town's needs through the planning

period (see p. 28).

The Town does not have or anticipate the need for a public sewer system

during the planning period. Soil management practices and low density ha ve

prevented any significant problems with on-lot sewage disposal. A number of

different zoning densities and boundaries have been analyzed in determining

the proposed zoning map which is part of the new, proposed zoning ordinance.

POLICY 12: THE TOWN WILL DESIGN ITS ZONING MAP USING THE CAPARILTTY OF 7WE

SOILS TO ACCOMMODATE ON-LOT SEWAGE DISPOSAL TO LIMIT DENSITIES

ON THOSE SOILS UNSUITABLE FOR ON-LOT SEWAGE DISPOSAL.

Implementation: In designing the final zoning map for adoption, the above

policy will'be implemented.

F. ROADS

Generally the road system and present maintenance procedures are ade-

quate within the Town and are anticipated to continue to be so in the plan-

ning period. Two areas, however, continue to be of some concern. These are

a) the western end of Country Club Drive where the road narrows, jogs, and

an unofficial turnaround exists and b)'the dead end at Country Club Drive

West. Alternatives have been considered such as the straightening of the

alignment of Country Club Drive and,bringing the Country Club Drive West

down to connect with Country Club Drive. Both a1ternatives have met with
problems of both cost and the obtainment of a permit from DNRCD for

fill in the case of Country Club Drive West.

POLICY 13: THE TOWN WILL CONTINUE TO STUDY THE ROAD PROBLEMS ASSOCIATED

WITH COUNTRY CLUB DRIVE AND COUNTRY CLUB DRIVE WEST. THE TOWN

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