HomeMy WebLinkAboutBeaufort Amdmt 1 - cert19JUL2019ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Lynn Davis, Town Manager
Town of Belhaven
P.O. Box 220
Belhaven, NC 27810
Ricky Credle, Mayor
Town of Belhaven
P.O. Box 220
Belhaven, NC 27810
NORTH CAROLINA
Environmental Quality
July 15, 2019
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
ldavis @ belhaveiinc. its
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
Re: Certification of Amendment to the Beaufort County Joint CAMA Land Use Plan
Dear Mayor Credle and Ms. Davis:
Please find enclosed the written Final Agency Decision granting the Town of Belhaven's
request for certification of the first amendment to the Beaufort County Joint CAMA Land Use
Plan. Let me know if you have any questions.
Very truly yours,
Braxton C. Davis, Director
NC Division of Coastal Management
cc via email: M. Renee Cahoon, CRC Chair
Mary L. Lucasse, Commission Counsel
Rachel Love-Adrick, DCM, Morehead City District Planner
Brain Alligood, Beaufort County Manager
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PmmMnMot&Mnmmmbi Aallry
North Carolina Depm I ment of Environments] Quality I.. Division of Coastal Management
Morehead City Office 400 Commerce Avenue Morehead Cry, North Carolina 28557
2.52.808.2808
STATE OF NORTH CAROLINA
COUNTY OF CARTERET
IN THE MATTER OF THE TOWN OF )
BELHAVEN'S REQUEST FOR )
CERTIFICATION OF THE FIRST )
AMENDMENT TO THE BEAUFORT )
COUNTY JOINT CAMA LAND USE )
PLAN )
COASTAL RESOURCES COMMISSION
DIVISION OF COASTAL MANAGEMENT
FACTS
FINAL AGENCY DECISION
1. The Town of Belhaven (hereinafter the "Town") is located in eastern North
Carolina in Beaufort County and is bounded by unincorporated Beaufort County to the north,
Pungo River to the east, the Pungo River and Pantego Creek to the south, and unincorporated
Beaufort County and Pantego Creek to the west.
2. The Beaufort County Joint Land Use Plan is a joint plan between the county and
the towns of Aurora, Belhaven, Chocowinity, Pantego, and Washington Park. The plan was
certified by the Coastal Resources Commission (CRC) on January 13, 2010. There have been no
amendments to the Joint Land Use Plan. Towns can propose and approve major plan amendments
that amend less than of the policies within their jurisdiction; these amendments do not require
approval by the other municipalities or the county.
3. The town is requesting certification of a new policy specific to the Town of
Belhaven. The policy defines building and intensity specifications for Planned Unit
Developments in the Town and Community Center Future Land Use Map classification. The new
policy allows single-family houses and multi -family buildings up to 12 units/acre (net) and non-
residential buildings FAR (Floor Area Ratio) at 0.7 freestanding or clustered buildings.
4. The Town's Board of Alderman held a duly advertised public hearing to consider
the proposed amendment to the Joint Land Use Plan and voted, by resolution to adopt the
amendment on May 13, 2019. The public had the opportunity to provide written comments on the
plan up to thirty (30) calendar days after local adoption. No comments were received.
CONCLUSIONS OF LAW
1. This amendment to the county's Joint Land Use Plan has met the substantive
requirements outlined within the 2017 Land Use Plan Guidelines.
2. There are no conflicts evident in the first amendment to the county's Joint Land
Use Plan with either state or federal law or the State's Coastal Management Program.
3. The elected body of the town made a final decision on the contents of the county's
Joint Land Use Plan and provided opportunity for the public to provide written comment following
local adoption of the plan, as required by N.C.G.S. § 113A-110 and 15A NCAC 7B .0801 and
.0802, and county's amended Joint Land Use Plan was submitted to the NC Division of Coastal
Management without written objection or comment from the public.
4. During its regularly scheduled meeting on November 7-8, 2017, the North Carolina
Coastal Resources Commission delegated to the Director of the North Carolina Division of Coastal
Management, Department of Environmental Quality, its authority to approve Land Use Plans
pursuant to N.C.G.S. §113A-110(f). The conditions under which the delegation was made are
included in the November 20, 2017 letter to Braxton Davis, Director from Commission Chair
Renee Cahoon. Pursuant to that delegation, the undersigned makes the following decision.
DECISION
For the reasons stated herein, the Town of Belhaven's request for certification of the
amendment to the Beaufort County Joint Land Use Plan is GRANTED.
This the day of K 2019.
Braxton C. Davis, Director
N.C. Division of Coastal Management
2
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Final Agency Decision on the
Town of Indian Beach and the North Carolina Coastal Resources Commission by the means
specified below:
Lynn Davis, Town Manager
Town of Belhaven
P.O. Box 220
Belhaven, NC 27810
Ricky Credle, Mayor
Town of Belhaven
P.O. Box 220
Belhaven, NC 27810
Brain Alligood, County Manager
Beaufort County
121 West 3`d Street
Washington, NC 27889
M. Renee Cahoon, Chair
Coastal Resources Commission
Mary L. Lucasse
Commission Counsel
NC Coastal Resources Commission
PO Box 629
Raleigh, NC 27602
Method of Service
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
and electronically ldavis@belhavennc.its
CERTIFIED MAIL RETURN RECEIPT
REQUESTED
U.S. Mail and electronically:
briar. allizood @co. beatefort. nc. ics
Electronically: Renee. Cahoon@neclenr.;ov
Electronically: mhccasse@ncdol.gov
Rachel Love-Adrick, District Planner Electronically: rchel.love-adrick@iicclenr.,pov
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 285 7-3421
This is the day oo2019.
Angela Wil is, ssistant to the Director
Beaufort County land Use Plan Proposed Amendment
SECTION 6.2.6 under SPECIAL BELHAVEN POLICIES
Definition. A planned unit development (PUD) is a large, integrated development adhering to a
comprehensive plan and located on a single tract of land or on two or more tracts of land that may be
separated only by a street of other right-of-way. Properly written and administered, PUD can offer a degree
of flexibility that allows creativity in land planning, site design, and the protection of environmentally
sensitive lands not possible with conventional subdivision and land development practices. Moreover,
properly applied, PUD is capable of mixing residential and nonresidential land uses, providing broader
housing choices, allowing more compact development, permanently preserving common open space,
reducing vehicle trips, and providing pedestrian and bicycle facilities. In exchange for design flexibility,
developers are better able to provide amenities and infrastructure improvements, and find it easier to
accommodate environmental and scenic attributes.
The following building intensity and density guidelines are established for Planned Unit Developments in
the Town and Community Center classification which include sidewalks and public open space and are
permitted by the Town of Belhaven:
Single-family houses and multi -family buildings: up to 12 units / acre (net)
Specifically, density shall be calculated using gross parcel size less any area that exceeds 10%
of the of gross tract size which includes (a) transmission easements (not to be confused with
local utility distribution easements, (b) floodways and/or (c) wetland areas.
Non-residential buildings FAR: 0.7 freestanding or clustered buildings
Maximum lot coverage for non-residential buildings not to exceed 70% of the gross parcel area
or the area allocated to the non-residential component. The gross parcel area is calculated as
noted above and may include local utility distribution easements intended to serve the
community, vehicular areas, newly created public or private streets and open spaces.
RECEIVED
JUN 12 2019
DCM-MHD CITY
RESOLUTION OF THE BOARD OF ALDERMEN OF THE TOWN OF BELHAVEN,
NORTH CAROLINA,
AUTHORIZING AN AMENDMENT TO THE CAMA LAND USE PLAN
WHEREAS, the TOWN OF BELHAVEN desires to amend its CAMA Land Use
Plan, specifically Section 6.2.6 under SPECIAL BELHAVEN POLICIES, and
WHEREAS, the CAMA Land Use Plan currently states; and,
WHEREAS, the TOWN OF BELHAVEN desires to amend the CAMA Land Use
Plan to state; and
WHEREAS, on April 11, 2019, the Planning Board recommended
approval of the draft amendment to the CAMA Land Use Plan; and
WHEREAS, the TOWN OF BELHAVEN conducted a duly advertised
public hearing on the draft amendment to the CAMA Land Use Plan at the
Regular Meeting of the BOARD OF ALDERMEN on May 13, 2019; and
WHEREAS, at the Regular Meeting on May 13, 2019 the BOARD OF
ALDERMEN of the TOWN OF BELHAVEN, North Carolina found the draft
amendment to be consistent with the TOWN OF BELHAVEN'S desired vision
for the future and approved to adopt the draft amendment; and
WHEREAS, the adopted Plan will be submitted as required by state law to
the District Planner for the Division of Coastal Management under the North
Carolina Department of Environmental Quality and forwarded to the Division
Director; and
WHEREAS, a review of the adopted draft amendment by the Director of
the NC Division of Coastal Management will be undertaken; and the Director
will then certify the Town's land use plan amendment;
NOW, THEREFORE, BE IT RESOLVED by the BOARD OF
ALDERMEN OF THE TOWN OF BELHAVEN, North Carolina, that Section
6.2 in the CAMA Land Use Plan be amended as follows:
The following building intensity and density guidelines are established for Planned Unit Developments in
the Town and Community Center classification which include sidewalks and public open space and are
permitted by the Town of Belhaven:
RECEIVED
JUN 12 2019
DCM-MHD CITY
Single-family houses and multi family buildings: up to 12 units / acre (net)
Specifically, density shall be calculated using gross parcel size less any area that exceeds 10%
of the of gross tract size which includes (a) transmission easements (not to be confused with
local utility distribution easements, (b) floodways and/or (c) wetland areas.
Non-residential buildings FAR: 0.7 freestanding or clustered buildings
Maximum lot coverage for non-residential buildings not to exceed 70% of the gross
parcel area or the area allocated to the non-residential component. The gross parcel area is
calculated as noted above and may include local utility distribution easements intended to
serve the community, vehicular areas, newly created public or private streets and open
spaces.
BE IT FURTHER RESOLVED that the BOARD OF ALDERMEN of
the TOWN OF BELHAVEN, North Carolina, has adopted the draft
amendment; and
BE IT FURTHER RESOLVED that the Town Manager of the TOWN OF
BELHAVEN is hereby authorized to submit the adopted LAMA Land Use Flan draft
amendment to the State for certification as described above.
Adopted this 1 Oth day of June 2019.
Attest:
Gloria Rogers, Town Clerk
Signed:
Ricky Credle, Payor
RECEIVED
J U N 12 2019
DCM-MHD CITY
Affidavit of Publication
STATE OF NORTH CAROLING Notice of Public Tearing
�I
CO UNV TY OF B EAU FO RT
Amendment of Beaufort Coun-
ty Joint Coastal Area Manage-
ment Act Land Use Plan
Ann Potter, being duly sworn, on oath says she
Notice is hereby given that the
is and during all times herein stated has been an
TOWN OF BELHAVEN will con -
duct a public hearing on
employee of Washington Newsmedia, Inc. publisher
and printer of the The Washington Daily News (the
June 10, 2019 at 7PM to re -
"Newspaper"), has full knowledge of the facts herein
view an amendment to Beaufort
stated a5 follows:
County Joint Coastal Area Man-
agement Act (CAMA) Land Use
Plan. The meeting will be held
1. The Newspaper printed the copy of the matter
at the Belhaven Civic Center,
attached hereto (the "Notice") was copied from the
257 W. Pungo Street, Belhav-
columns of the Newspaper and was printed and
en. All interested citizens are
encouraged to attend.
published in the English language on the following
days and dates:
Following the public hearing, the
TOWN OF BELHAVEN BOARD
OF ALDERMEN will consider
05/09/19
adoption of the Lanus Use Flan.
amendment. Once adopted, the
amended plan will be submitted
2. The sum charged by the Newspaper for said
to the Director of the North Car -
publication is the actual lowest classified rate aid
olina Division of Coastal Man -
by commercial customer for an advertisement of
similar size and frequency in the same newspaper
Written objections, comments,
in which the Notice was published.
or statements of support shall
be submitted to the Division of
3. There are no agreements between the News-
Plantar Managements District
Planner, Rachel Love-Adrick,
paper, publisher, manager or printer and the officer
400 Commerce Avenue, More -
or attorney charged with the duty of placing the at-
head City, NC 28557 no more
tached legal advertising notice whereby an advan-
g g y y
than 30 calendar days after lo-
cal adoption of the amendment.
tage, gain or profit accrued to said officer or attorney
Further information can be ob-
SIGNED:.
tained by contacting the District
Planner at (252) 808-2808.
Ann Potter, Employee
Subscribed and sworn to before me this
9th Day of May, 2019
ti�•yc' V 9 '� " ���� S/
Amy M. Whitaker, Notary Public
Beaufort County, NC
My commission expires 08-25-2023
Account # WNL02133029
Ad # 801882
THE TOWN OF BELHAVEN
PO BOX 220 RECEIVED
BELHAVEN NC 27810
JUN 12 2019
DCM-MHD CITY