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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 :XNTirH fda^. Nry '� Y 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