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HomeMy WebLinkAboutConsolidated CAMA Land Use Plan-2000TOWN OF OAK ISLAND CONSOLIDATED CAMA LAND USE PLAN ADOPTED BY THE TOWN COUNCIL MARCH 14, 2000 CERTIFIED BY THE COASTAL RESOURCES COMMISSION MARCH 24, 2000 TOWN OF OAK ISLAND 4601 E. OAK ISLAND DRIVE OAK ISLAND, NORTH CAROLINA 28465 THE PREPARATION OF THE DOCUMENT WAS FINANCED IN PART THROUGH A GRANT PROVIDED BY THE NORTH CAROLINA COASTAL MANAGEMENT PROGRAM, THROUGH FUNDS PROVIDED BY THE COASTAL ZONE MANAGEMENT ACT OF 197Z AS AMENDED, WHICH IS ADMINISTERED BY THE OFFICE OF OCEAN AND COASTAL RESOURCE MANAGEMENT, NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION. ' Draft version 1.1 December 16, 1999 Page 1 Oak Island CAMA Land Use Plan Consolidation of Land Use and Development Policies for Long Beach and Yaupon Beach Background Prior to their merger, the Towns of Yaupon Beach and Long Beach each had recently adopted and CRC -certified CAMA Land Use Plans. The Yaupon Beach Plan was certified in November of 1998 and the Long Beach Plan was certified in March of 1999. As a result of the merger effective July 1, 1999, it is necessary to make amendments to the plans so that Oak Island will have consolidated and consistent land use and development policies for the five-year period covered by the land use plans. A major goal for consolidation of the plans is to respect the planning research and policy development that was undertaken by the citizens and elected officials in each community during the process of developing the plans. To achieve this goal, the consolidated plan includes the following three elements: 1. Population projections and forecasts for the Town of Oak Island that include update and consolidation of the individual projections for Yaupon Beach and Long Beach. 2. Amendments to the Policies contained in the Yaupon and Long Beach Plans to reflect the consolidation, particularly the availability of the Yaupon sewer system. The amendments also involve amendments to cross-reference each plan. 3. A consolidated Land Classification Map. The new map incorporates the Yaupon map but uses the more detailed classification system in the Long Beach Plan. Each of these elements is discussed below. Consolidated Population Projections —Town of Oak Island The table below shows population projections for the Town of Oak Island for the 2000 through 2010 planning period. The projections are a consolidation of the population projections contained in the land use plans for Yaupon Beach and Long Beach. For the permanent population projections, both plans assume that the town's pro rata share of Brunswick County's projected population will be maintained for the planning period. Growth trends for the Long Beach area show its share of total County population increasing since 1980. The projections assume that this increase will continue for the planning period. Draft version 1.1 December 16, 1999 Page 2 Estimates of seasonal population are not precise. The projections for Yaupon Beach assume that the seasonal population is 2.4 times the projected permanent population. The assumed ratio between permanent and seasonal population in the Long Beach area is higher-3.4. This higher ration may be attributed to a larger percentage of seasonal accommodations in Long Beach. Town of Oak Island CAMA Land Use Plan Population Projections' 2000 2005 2010 Permanent Population Yaupon Beach 931 1,026 1,115 Long Beach 6,300 7,700 9,000 Town of Oak Island 7,231 8,726 10,115 Seasonal Population Yaupon Beach 2,230 2,460 2,680 Long Beach 21,400 26,200 30,600 Town of Oak Island 23,630 28,660 33,280 Projected Peak Population Town of Oak Island 30,861 37,386 43,395 Source: 1997 Yaupon Beach Land Use Plan 1998 Long Beach land Use Plan a The population of the mainland area recently annexed by the Town of Yaupon Beach is not specifically evaluated in these projections. Population growth in this small geographic area will not materially impact the projections for the Town. Recommended Policy Amendments Even though the land use plans for Yaupon Beach and Long Beach are different in format, they provide similar roadmaps for managing coastal resources in the two communities over the five-year planning period. In most cases, the differences between policies relate to style rather than substance. Policies related to sewer service, however, are a key difference between the plans. At the time the plans were adopted, Yaupon Beach provided centralized wastewater collection and treatment services to properties within the town and the policies reflect the availability of the service. Long Beach had no centralized wastewater facilities and its policies contain plans for development of sewer services. Other differences are minor. The following plan amendments are designed to keep the plans in place and to amend policies where required to provide consistency. 1. Acceptance of Certified Plans as Policy Guides Draft version 1.1 December 16, 1999 Page 3 The Town Council of the Town of Oak Island hereby accepts the policies contained within the 1997 (CAMA) Land Use Plan for Yaupon Beach and 1998 CAMA Land Use Plan Update for Long Beach and as may be amended as guides for land use and development decisions within the areas covered by the plans. 2. Plans Adopted by Reference The Town Council hereby incorporates the Long Beach Plan into the Yaupon Beach Plan by reference, and incorporates the Yaupon Beach Plan into the Long Beach Plan by reference. 3. Amend Long Beach Septic Tank Policy 1.1.1 Septic Tanks. Until a central wastewater system is available, the Town will discourage development on soils that are unsuited for septic tanks unless permitted by the Brunswick County Health Department. Where the central sewer system is available according to the current service policy of the Town of Oak Island, all new structures requiring wastewater treatment must connect to the town's system. 4. Amend Long Beach Sewer System Policy 4.1.1 Plan for Regional Wastewater System. The Town will continue working to extend the sewer system to areas not currently served. It will also work toward regional wastewater treatment approaches that may include the County and other municipalities and agencies. a. The Town will insure that the design and operation of the system supports the objective of restoring the health of the community's surface waters. b. The initial objective of the system is to replace existing septic tanks. c. Owners of existing septic tanks will be required to connect to the Town's central system when it is available. d. The Town Council will adopt a sewer extension policy. This policy will ensure that extensions are consistent with the Town's Land Use and Coastal Management Policies. 5. Amend Long Beach Package Treatment Plant Policy 4.2.1 Support of Package Plants. The Town will not support permitting of package wastewater treatment plants unless it is not possible to provide central wastewater treatment services under the Town's current policies. Package plants to be considered under this policy must satisfy the following conditions: Draft version 1.1 December 16, 1999 Page 4 • the owner/operator can demonstrate that the plant will be designed and operated in a manner that results in no degradation of surface water quality; • the collection system meets acceptable standards; and • the owner commits to connecting to the central system when it is available. 6. Add Ocean Hazard Policy to Yaupon Beach Plan The Town generally supports installation of public improvements, such as water and sewer, in the hazard area where facilities are required to serve a public use or to mitigate an environmental or public health threat. Construction or placement of such public improvements will be consistent with CAMA rules and use standards (NCAC 7H). If a facility is installed, access will be carefully controlled. Access to water and sewer will be controlled through the Town's water and sewer extension policy to be developed in conjunction with the sewer system. 7. Add Tree and Vegetation Preservation Policy to Yaupon Beach Plan The Town recognizes the importance of trees and other existing vegetation to its quality of life, including reducing the amount of urban runoff and protecting water quality by helping filter contaminants from stormwater runoff, and its policy is to protect mature trees and native vegetation and to reforest and re -landscape where appropriate. To implement this policy, the Town will develop a tree and vegetation preservation program with the following objectives: • Reducing tree and vegetation loss during development; • Reducing damage to trees during construction; • Providing for replacement of trees and vegetation lost during construction; • Providing for planting trees where none exist; • Providing for the maintenance of preserved trees and vegetation after construction is completed. Amendments to existing local codes that require developers to "make every effort to protect and retain all existing trees, shrubbery, vines, and grasses..." will be considered to guide the program. The Town will emphasize education, communication, and partnerships to implement the program. Draft version 1.1 December 16, 1999 Page 5 IMPLEMENTATION STRATEGY The consolidated plan for Oak Island includes a separate implementation strategy and schedule like the one contained in the Long Beach Plan. Its purpose is to permit the Town, its residents and property owners to focus on the steps and actions required over the next five years to implement the Plan. The policies contained in the Plan are benchmarks for the many land use and coastal management decisions that will be made over the next five years by property owners and developers, state and Federal Agencies, and the Town of Oak Island. Other policies will require action by the Town for implementation. These actions are outlined in the Implementation Strategy. IMPLEMENTATION ACTION BEGIN I END 1. Continue to enforce local codes on building and development —zoning, I On -going subdivision regulations, NC State Building Code, flood damage prevention, stormwater regulations, and dune protection regulations. These codes are the Town's basic plan implementation tools. Their proper enforcement achieves several important land use goals: • protection of sensitive natural areas; • maintenance and improvement of water quality; • elimination of unreasonable risk to life and property in hazard area; • guiding community growth and development in a manner that preserves its "small town atmosphere"; and • creating land use patterns that recognize the values of the community's natural resources. Draft version 1.1 December 16, 1999 Page 6 SCHEDULE IMPLEMENTATION ACTION BEGIN END The planning and code enforcement staff will review zoning proposals and subdivision plans with respect to the septic tank limitations of the soils found on the development sites. 2. Continue to work toward implementing a local CAMA development permit FY 98-99 program using contracted services. A local permit officer will allow the Town to improve its services to property owners and developers. However, it will also offer the Town an opportunity to educate and inform property owners on alternative development practices and techniques that will improve the overall environmental quality of d-velopment. Examples include the importan- a of preserving trees and vegetation and the use of alternative techniques such as breakwaters or rip -rap to stabilize shorelines. 3. Planning Board review of current zoning, building and development codes to FY 99-00 FY 99-00 determine consistency with Land Use and Coastal Management policies. This review will focus on the codes adopted by the Town Council —zoning ordinance, subdivision regulations, flood damage prevention ordinance, and stormwater ordinance. The Planning Board will make recommendations to the Town Council on any required code adjustments needed to maintain consistency with Land Use Plan policies. Dra. rsion 1.1 December 16, 1999 Page 7 SCHEDULE IMPLEMENTATION ACTION BEGIN END Encouraging and permitting flexible site planning to protect sensitive natural areas is a requirement for implementing key policies. The Planning Board will specifically address code changes required to permit this flexibility. In addition, the Planning Board will review the feasibility of including tree and vegetation preservation guidelines in the zoning and subdivision regulations. If the Town Council determines that motorized watercraft are damaging coastal wetlands, it will consider adoTltion of codes or other measures to address the problem. 4. Initiate planning for central wastewater treatment system. The wastewater plan will involve multiple phases and will be coordinated with the county wastewater committee and other local governments in the region. Each phase will be reviewed and approved by the Town Council before proceeding to the next step. Phase One. Background Information. Compilation of existing information and FY 99-00 FY 99-00 past studies on wastewater treatment needs, alternatives, costs, and financing options. Phase Two. Wastewater Master Plan. Detailed existing and projected needs FY 00-01 FY 01-02 analysis, review and recommendation of most effective treatment alternative, plan for outfalls and collection system, environmental Dratt version 1.1 December 16, 1999 Page 8 SCHEDULE IMPLEMENTATION ACTION BEGIN END assessment, cost analysis, and financial plan. Phase Three. system Design. Preparation of detailed plans and specifications and FY O1-02 FY 02-03 detailed cost estimates. 5. Develop comprehensive stormwater program. Program will focus on both FY 00-01 FY 01-02 quality and quantity. It will address existing flooding problems, examine opportunities for significant reduction in the pollutants carried into surface waters by storm runoff, examine opportunities to retrofit "best management practices," and continue to enforce the Town's stormwater ordinance for new construction and development. The Town will develop a stormwater ordinance for the Yaupon Beach area. 6. Develop water quality improvement plan and program for the Davis Creek FY 99-00 FY 03-04 Complex. Improving the water quality in the Davis Creek Complex will be the foundation project in the Town's effort to improve the quality of estuarine waters. The program will use a range of appropriate techniques/technologies to improve the quality of existing discharges to the creek, to improve tidal flushing, and to enlist the support of property owners in the overall improvement efforts. The Town will consider purchase of property and easements to implement improvement plans. Multiple sources of funding assistance will be sought to support the improvement program. Dra rsion 1.1 December 16, 1999 Page 9 SCHEDULE IMPLEMENTATION ACTION BEGIN END 7. Seek approval of the Second Bridge at Middleton and the new access road. The FY 99-00 FY 99-00 Town will advocate approval of the second bridge project by the NC Department of Transportation. It is the Town's policy to seek a bridge location at Middleton Avenue and an access road alignment that runs generally north -south from Midway at NC 211 to Middleton. • The Town, in cooperation with the NCDOT, will develop a plan to protect the FY 99-00 FY 99-00 homes and residentially zoned property along Middleton. This plan will be included in Second Bridge Project Plan. • The Town will cooperate with Brunswick County to develop a regional approach to FY 99-00 FY 99-00 implementation of the Second Bridge Corridor Plan to protect the corridor and the sensitive natural areas from inappropriate development. 8. Implement the management plan for "The Point." The Town will continue to FY 99-00 FY 03-04 seek financial assistance to implement the acquisition and development plan for The Point, a fragile area located on the west end of Oak Island in an ocean and inlet hazard area. Acquisition and development will require assistance from multiple funding sources as well as the Town of Long Beach. 9. Implement beach preservation plan. Long Beach is a member of the Brunswick FY 99-00 FY 03-04 Beaches Consortium which is preparing a beach preservation strategy that includes renourishment, annual maintenance, property acquisition, public education, and funding advocacy. Concurrent with development of the preservation strategy, the Drah v ersion 1.1 December 16, 1999 Page 10 SCHEDULE IMPLEMENTATION ACTION BEGIN END Corps of Engineers is conducting a feasibility study for a Federally funded beach renourishment project. This study will be complete in the year 2000 and will be the basis for seeking Congressional and state funding for a renourishment project. • The Town will implement an on -going comprehensive beach preservation program. • The Town will develop a funding strategy for the non-federal cost share of the beach renourishment project that includes securing state funding and identifying local matching funds. • The Town will continue working with the Corps of Engineers to implement the Sea Turtle Habitat Restoration Project. Due to the complexity of beach nourishment, this project is identified separately. However, maintenance of a healthy beach will be an essential component of the Town's comprehensive stormwater planning. 10. Develop a plan for the Central Business District. The Town will collaborate with FY 00-01 FY 00-01 business owners and property owners in the Oak Island Drive business areas in "Long Beach" and "Yaupon Beach" to develop a plan that addresses signage, pedestrian access, driveway access, parking, lighting, and wastewater collection and treatment. 11. Prepare an "Owner's and User's" manual for Long Beach. The user's manual FY00-01 FY00-01 will be designed to educate the public and to enlist support for preserving water quality and the resources that are essential to the community's quality of life —examples include, vegetation and tree preservations, homeowner's role in improving the quality of runoff, dune preservation, and the healthy beach's role in flood damage prevention. Drag version 1.1 December 16, 1999 Page 11 IMPLEMENTATION ACTION SCHEDULE BEGIN On -going END 12. The Town will continue its efforts to locate, acquire, and develop appropriate sites for boat ramps to increase access to estuarine waters. These access points and related facilities will be located in areas where conflicts with surrounding uses are minimized. FY01-02 FY02-03 In addition, the Shoreline Access Plan will be extended to the Yaupon area. Draft version 1.1 December 16, 1999 Page 12 Land Classification Map The coastal management Land Classification System is a means of assisting in the implementation of Oak Island's land use plan policies. It allows the Town and its residents and property owners to specify those areas where certain policies apply. The Land Classification System is intended to complement the Land Use and Coastal management Policies and is supported by the Town's locally adopted codes and programs, such as zoning, subdivision regulations, and capital investment plans. Even though specific areas are outlined on the Land Classification Map, the map is not a regulatory mechanism like the zoning map. It is simply a tool to help implement policies. The attached Land Classification Map is a combination of the maps in the Long Beach and Yaupon Beach plans. The Yaupon area of the map is modified to include the more detailed•land classification categories of the Long Beach map. However, the areas classed as developed and conservation in the Yaupon area are the same as those in the adopted plan. The map contains the following land classifications: Developed ■ Residential (DR) ■ Commercial (DC) Limited Transition (LT) Conservation Provisional Conservation These classes are explained below DEVELOPED The Developed class is intended to provide for continued intensive development and redevelopment of the community. Areas meeting the intent of this class are currently urban in character and are provided with usual municipal services. Usual municipal services include water, sewer, recreational facilities, streets and roads, police and fire protection. Areas included in the Developed class have mixed uses at moderate to high densities. Draft version 1.1 December 16, 1999 Page 13 The areas classed as Developed in Oak Island are provided the full range of urban services with the exception of wastewater treatment. It is the Town's policy to plan and build a wastewater collection and treatment system to serve the entire community. The Developed class is subdivided into the Developed -Residential and Developed - Commercial classes. These subclasses are described below. Developed -Residential (DR) The major land use in the Developed -Residential (DR) subclass is residential. As described above, these areas are provided with urban services except for wastewater treatment. Most of the residentially zoned and subdivided land on the island is included in this class. Densities in the DR class, because these areas are fully subdivided, are expected to be in the range of 5 to 7 dwelling units per acre. The typical uses expected in the DR class are listed below: Typical Uses in DR Single-family residences and accessory uses Duplexes Schools and churches Public parks, playgrounds, and community centers Private marinas and piers The Oak Island zoning ordinance determines specific uses permitted in this class. Developed -Commercial (DC) The predominant land use in the Developed -Commercial (DC) class is retail and services. Like the DR class, DC is served by all urban services except sewer. The typical lot size is 6,000 square feet. Current development practices will require combination of lots to construct commercial facilities and to provide adequate off-street parking. The areas classed as DC are concentrated in the commercial strip along East Oak Island Drive, from 64th Street east and 47th Street East, and extends south from Oak Island Drive to East Beach Drive between 52"d Street East and 48th Street East. This area is consistent with the Town's current.zoning map. Typical Uses in DC Retail sales Draft version 1.1 December 16, 1999 Page 14 Personal and professional services Banks Convenience stores Restaurants Service stations Commercial piers and marinas Residences The specific uses permitted in the DC class are determined by the Oak Island zoning ordinance. LIMITED TRANSITION (LT) The Limited Transition (LT) class is intended for areas that will experience increased development during the planning period and will have some services but not the full range of urban services. Except for Areas of Environmental Concern and "404" wetlands, the Town's extra territorial jurisdiction (ETJ) on the mainland is included in the LT class. The ETJ area for the new Town of Oak Island is smaller than the ETJ of the former Town of Long Beach. The smaller ETJ results from the incorporation of the the Town of St. James. The Town of St. James is within the planning jurisdiction of Brunswick County. The land area included in the LT class on the mainland exceeds the amount of land that is required by the Town's 10-year population projection. However due to several factors, the LT class is the appropriate land classification to allow the Town to properly plan for future land uses. These factors include the following: 1. No matter which corridor is selected, construction of the Second Bridge and the connector to NC 211 will increase the probability of development in the Town's mainland ETJ. 2. All of the soils in the ETJ have severe limitations for septic tanks, making development without either public or private central wastewater treatment a potential continuing water quality problem. 3. Water and sewer service is available in 'Town of St. James Plantation. These services could be extended into the remaining areas of the ETJ. 4. The presence of environmentally sensitive lands, which are classed Conservation, make cluster development an appropriate development pattern. Residential densities are expected to be modest, approximately 2.5 dwelling units per net developed acre, generally exclusive of amenities. Uses in the LT area may include the • Draft version 1.1 December 16, 1999 Page 15 full range of housing types —single-family, duplex, and multifamily —community businesses, and services. The use of residential clustering and flexible site planning is encouraged. Business and service uses will be guided to "village clusters" at major intersections along the Second Bridge Corridor Access Road. The specific uses permitted in the LT area will be determined by the Oak Island zoning ordinance. Height limits in mainland commercial areas may be adjusted if approved through proper procedures. CONSERVATION (CON) The Conservation (CON) class is intended to provide for effective long-term management and protection of significant, limited, or irreplaceable natural resources. The management of these areas is designed to protect and enhance their natural, cultural, recreational, productive and/or scenic values. In addition, management is intended to reduce the risk to life and property from hazards in these areas. Four natural systems in Oak Island are included in the Conservation class: coastal wetlands, estuarine shoreline, estuarine and public trust waters, ocean hazard areas, and "404" wetlands. Development in each of these areas must be consistent with the applicable CAMA use standards, the policies contained in this plan, and the local codes of the Town of Oak Island. A special provisional subclass of the Conservation class is used for "404" wetlands. This subclass recognizes that mapping may not be reliable in some areas and that the quality of the wetland resource is dependent on habitat type, the amount of contiguous area, and other factors. Coastal Wetlands This classification includes all areas of salt marsh or other marsh subject to regular or occasional flooding by tides, including wind tides. Generally, the CAMA use standards discourage any development in coastal wetlands and only permits uses that require water access and cannot function elsewhere. The Oak Island zoning ordinance includes coastal wetlands in an open space district that uses such as parks, nature walks, and nature study areas. Estuarine Shoreline In accordance with CAMA, all areas lying 0-75 feet landward of mean high water level of estuarine waters are classed as estuarine shorelines. Due to map size and scale, these • Draft version 1.1 December 16, 1999 Page 16 areas cannot be accurately mapped. Precise locations must be determined in the field and in accordance with current CAMA regulations. The CAMA use standards for this subclass prohibit development that weakens or eliminates barriers to erosion and limits impervious surface in the area to 30 percent. Estuarine and Public Waters All waters in Long Beach's planning jurisdiction are classified as estuarine waters or public trust waters. Uses and activities permitted by the policies of this plan and the CAMA use standards are permitted in these areas. The CAMA use standards for these areas focus on three priorities: 1. Conservation which discourages any development; 2. Uses which require water access and cannot be located elsewhere —access channels, structures to prevent erosion, boat docks, etc.; and 3. Preservation of public access and use. The Town's policy prohibiting floating homes is more restrictive than the CAMA use standards. Ocean Hazard Areas This classification includes all ocean hazard areas. These areas include lands along the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind and water, uncontrolled or incompatible development could unreasonably endanger life or property. These areas include beaches, frontal dunes, inlet lands, and other lands with excessive erosion or flood damage. Due to map size and scale, as well as the requirement to delineate some of these features in the field, they are not mapped. Provisional Conservation—"404" Wetlands This classification includes areas of freshwater wetlands that meet the wetlands definition contained in Section 404 of the Federal Clean Water Act. These wetlands are concentrated in the Town's extra territorial iurisdiction on the mainland. The Town concurs with the Corps of Engineers standards and does not intend to develop more restrictive standards for these areas. However, the Town does encourage donation of • Draft version 1.1 December 16, 1999 Page 17 high quality wetlands to an appropriate non-profit or public organization, and it encourages and permits flexible site planning to protect these valuable resources. Mapping for this class is based on the National Wetland Inventory. These maps are advisory. On -site investigation is required to confirm the presence, extent, and quality of the resource. Limited Transition Developed -Residential Class Developed -Commercial Class Second Bridge Corridor //\V/ Streets and Roads Watershed Boundaries (14 digit hydrological units) — — - Extra Territorial Jurisdiction NOTE: ALL CAMA DEFINED AECs REGARDLESS OF THE CLASSIFICATION SHOWN ON THE MAP ARE CLASSIFIED AS CONSERVATION. DUE TO MAP SCALE AND THE NEED FOR ON -SITE VERIFICATION BY CAMA, ALL CONSERVATION AECs ARE NOT INCLUDED ON THE MAP, THE FINAL DETERMINATION OF ALL LAND CLAS- SIFICATIONS IS MADE THROUGH CONCUR- RENCE WITH THE TEXT IN THE LAND USE PLAN. NOT THE MAP. 0.8 0 0.8 1.6 Miles The preparation of this map was financed in part through a grant provided by the North Carolina Coastal Management Program, through funds provided by the Coastal Zone Management Ad of 1972, as amended, which is administered by the Office of Ocean and Coastal Zone Resource Management, National Oceanic and Atmospheric Administration. William B. Farris, Inc 1999 MOREHEAD CITY OFFICE COPY