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Home My WebLink AboutAmend 2 Carolina Beach_CERT14MAY2019ROY COOPER. Goverttor MICHAEL S. REGAN Secretary BRAXTON C. DAMS Director Mayor Joe Benson Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Jeremy Hardison Planning and Zoning Director Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 UEH I IFIED MAILTM RECEIPT (Domestic Mail Only; No Insurance Coveraryo- -v_ided) For delivery information visit our website at www.usps,como 0%0 rFrF I VAL USE--- . : . : NORTH CAR€ LlN'� rzl Certified Fee Environmental Quell L7 Postmark Return Receipt Fee (Endorsement Required) Here 0 Restricted Delivery Fee r-q (Endorsement Required) r� May 10, 2019 m Total Mayor Joe Benson own of • C1121 N. Lake Park i • orpo Carolina Beach, NC 28428 CERTE R • PS Form 3800, June 2002 See Reverse for Instructions". a �,5. Postal ServiceTM CEIPT CERTIFIED MAILTM RE REQU ru (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.Comeru Jeremy r" R Certified Fee � Postmark 0 Here Return Receipt Fee C3 (Endorsement Required) Fee r 1 (Endorsement IReq Required) LEI Re: Certification of an Amendment to the I m Hardison Plan Tote Jeremy o Sent Town of Carolina Beach 0 1121 N. Lake Park Blvd. Dear Mayor Benson and Mr. Hardison: r- gel orpa Carolina Beach, NC 28428 (i1iJIs Please find enclosed the written Final Agency I • Beach's request for certification of an amendment to its 2.,xj , • an se an. 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, Chair Mary L. Lucasse, Commission Counsel Michael Christenbury, Wilmington District Planner <r .. kmomsat:of nvir msTfia[t3Wity North Carolina Department of Environmental Quality ' Division of Coastal Management Elizabeth City Off' !cc ' 4€71 South Griffin. Street, Suite 306 Elizabeth City, North Carolina ? t909 252.264i '39Cf R.OY COOPER. Governor MICHAEL S, REGAN Secretary . BRAXT N C. DAMS Director Mayor Joe Benson Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Jeremy Hardison Planning and Zoning Director Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 NORTH CAR€>LINA E vironmentat Duality May 10, 2019 CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: Ioe.benson@carolinabeach.org CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: Jeremy.hardisonC carolinabeach.or. Re: Certification of an Amendment to the 2007 Carolina Beach CANIA Land Use Plan Dear Mayor Benson and Mr. Hardison: eV mail PfO ipt ue identifier for Ord of delivery k It Reminders: 3d Mail may 0 ad Mail is not 'vSUR ease co 'ales, p I additional fe ry. To obtain R Pt (pS Form 3 ndorse melipi licate return r ed. ,an additional ment if e r ostmar o o ;t the Post 'pt is not nee JANT: $ave A access t0 sed to APO Please find enclosed the written Final Agency Decision granting the Town of Carolina — Beach's request for certification of an amendment to its 2007 CAMA Land Use Plan. Let me know if you have any questions. Very truly yours, a Braxton C. Davis, Director NC Division of Coastal Management cc via email: M. Renee Cahoon, Chair Mary L. Lucasse, Commission Counsel Michael Christenbury, Wilmington District Planner :,:"D.E �E�rtmsttt aC �ovirr�rma�^�eal �3uaiiry North Carolina Department of Environmental Quality € Division of Coastal Management Elizabeth City Office ' 401 south Griffin. Street, Suite 306 Elizabeth City, North. Carolina 21909 252,26 F.390f STATE OF NORTH CAROLINA COUNTY OF NEW HANOVER IN THE MATTER OF THE REQUEST FOR CERTIFICATION OF AN AMENDMENT TO THE CAROLINA BEACH 2O07 CAMA LAND USE PLAN COASTAL RESOURCES COMMISSION DIVISION OF COASTAL MANAGEMENT FACTS FINAL AGENCY DECISION 1. This is an Amendment to the Town of Carolina Beach 2007 CAMA Land Use Plan adopted January 8, 2019 by the Town of Carolina Beach, North Carolina. 2. Carolina Beach is located within New Hanover County, North Carolina adjacent to the Atlantic Ocean and the Atlantic Intracoastal Waterway. Carolina Beach is requesting Certification of an Amendment to the 2007 Land Use Plan which can be found at: ht!ps:Hfiles.ne.gov/ncdeq/Coastal%' OManagement/documentslPDFILand%20Use%20Plans/Am endinents/CarolinaB eachLUPAmendmentResolution20 l 9.pdf. 3. Carolina Beach adopted the Amendment to the Land Use Plan by resolution on January 8, 2019 after a duly advertised public hearing. 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. Carolina Beach's Amendment to the 2007 CAMA Land Use Plan has met the substantive requirements outlined within the 15A NCAC 7B Land Use Planning Requirements effective February 1, 2016. 2. There are no conflicts evident in the Amendment to Carolina Beach's 2007 CAMA Land Use Plan with either state or federal law or the State's Coastal Management Program. 3. The elected body of Carolina Beach made a final decision on the contents of the Amendment to the Carolina Beach 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 .0802 and .0803, and the Amendment to Carolina Beach's 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, Carolina Beach's request for certification of the Carolina Beach CAMA Land Use Amendment is GRANTED. This the /,-/—thday of 2019. Braxton C. Davis, Director N.C. Division of Coastal Management 4 CERTIFICATE OF SERVICE This is to certify that I have served a copy of the attached Final Agency Decision to Carolina Beach and the North Carolina Coastal Resources Commission by the means specified below: Mayor Joe Benson Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 Jeremy Hardison Planning and Zoning Director Town of Carolina Beach 1121 N. Lake Park Blvd. Carolina Beach, NC 28428 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: joe.benson@ carolinabeach.org CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: Jeremy.hardison@carolinabeach.org Electronically: Renee.Cahoon@ncdenr.gov Electronically: mlucasse@ncdoj.gov I „-" This is the f day of 2019. AQge1a Wilds., ssistant to the Director 3 ROY COOPER.. Cover nar MIGHA:EL S. REGAN secretaq BR:A TON O. DAVIS Wrecror MEMORANDUM r' NORTH CAROLINA Environmental Qgallty TO: Mike Lopazanski, Policy & Planning Section Chief Division of Coastal Management FROM: Michael Christenbury, Wilmington District Planner Division of Coastal Management DATE: May 6, 2019 SUBJECT: Certification of an Amendment to the Carolina Beach CAMA Land Use Plan Recommendation Certification of an Amendment to the Carolina Beach CAMA Land Use Plan with the determination that the Town has met the substantive requirements outlined in the 15. NCAC 713 Land Use Plan Guidelines and that there are no conflicts with either state or federal law or the State's Coastal Management Program. Overview The Town of Carolina Beach (hereinafter "Carolina Beach") is located within New Hanover County in southeast North Carolina, on Pleasure Island adjacent to the Atlantic Ocean and the Atlantic Intracoastal Waterway. Carolina Beach amended its 2007.CAMA Land Use Plan to clarify policies relating to building heights for appurtenances. Specifically, the Town amended policy, 31(A) under its Land Use Compatibility Policies (below). II Management Topic: Land Use Compatibility Land Use Compatibility Policies 32) With the exception of Commercial 2, the Town shall support and implement maximum building heights throughout the community not to exceed fifty (50) feet. (A) Exceptions to this height may be permitted up to sixty (60) feet maximum with one additional foot on the required front setback and one additional foot added cumulatively to the required side setbacks for each additional foot in height for i4aparf�neria4Envlre3mi�3�I.Ru�ilty North Carolina Department of Environmental Quality i Division of Coastal Management Morehead City Office 400 Commerce Avenue Morehead City. North Carolina 28557 252.808,2808 land classification areas: Mixed use 1 north of Commercial 2; Commercial 1; North Pier Commerce; Residential 5; Marina Mixed Use; Mixed Use 3 east of Carolina Beach Avenue South; and Industrial The Town is requesting Certification of the Amendment to the Carolina Beach CAMA Land Use Plan. The Carolina Beach Board of Commissioners held a duly advertised public hearing to consider the proposed Land Use Plan Amendment and voted unanimously, by resolution to adopt the Land Use Plan on January 8, 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. The Amendment to the Carolina Beach CAMA Land Use Plan may be found at: https://files.nc.gov/ncdeg/Coastal%20Management/documents/PDF/Land%2OUse%20PIans/Amendme nts CarolinaBeachLUPAmendmentResolution2019. df Wpa4as m a4 Envir traant i 41 siiRy North Carolina Department of Environmental Quality € .Div sign of Coastal Management Morehead City' Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557 252,808,2808 Resolution No.. 1.8-2197 RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF CAROLINA BEACH, NORTH CAROLINA, AUTHORIZING AN AMENDMENT TO THE 2007 CAMA LAND. USE PLAN WHEREAS. the Town of Carolina Beach desires to amend its CAMA Land Use Plan, specifically the policy related to Building height for Appurtenances, and WHEREAS, the CAMA Land Use Plan currently states; and 2007 Town of Carolina Beach CA A. Land Use Plan .11 Management Topic: Land Use Compatibility Land Use Compatibility Policies 30) Withthe exception of Commercial 2, the Town. shall: support and.implement maximum building heights throughout the community not to exceed fifty (50) :reet. (A) Exceptions to this height may be permitted 'up to sixty (60) feet maximum, Nvith, one additional foot on the front and both side setbacks for each additional foot in. height. for land classification areas: Mixed use I north of Commercial 2; Commercial. 1; North Pier Commerce; Residential 5; Marina Mixed Use-, Mixed Use 3 east of Carolina Beach Avenue South; and Industrial. WHEREAS, theToNvn. of Carolina Beach desires to amend the'CAMA. Land Use Plan to state; and 2007 Town of Camlina Beach CA A. Land Use Plan I.I. Management Topic-. Land Use Compatibility Land Use Compatibility Policies 1) With the exception of Commercial 2., the Town. shall support and implement maximum building heights throu . ghout the communitynot to exceed fifty (50) feet. (A) Exceptions to this .height may be permitted'up, to sixty (60) feet maximum with one, additional foot on the r1 uimnl front etb.,16 and ne ��Icldjqdona! 60CA, ................... .. . ....... .................... -quir c ci side setbacks for each additional foot in height for land lassification . ............ ........ . areas: Mixed use I north of Commercial. 2; Commercial 1; North Pier Commerce; Residential. 5., Marina Mixed Use; Mixed Use 3 east of Carolina Beach Avenue South; and Industrial. WHEREAS, on. December 13, 2018 the Planning & Zoning Commission recommended approval of the draft amendment to the CAMA Land Use Plan; and WHEREAS, the Town of Carolina Beach conducted a duly advertised public hearing on the draft an to the CAMS Land Use Plan at the Regular Meeting of the Town Council. on. January 8, 1-0 19; and WHEREAS, at the. Regular Meeting on January 8, 2019 the Town Council of the Town of Carolina Beach, North Carolina found the draft amendment to be consistent with the Town Council desired vision for the future and approved to adopt the draft amendment; and WHEREAS, the adopted draft amendment will be submittedas required by State law to the District Planner for the Division of Coastal Management under the North Carolina Department of Environmental Quality and forwardedto, the Coastal 'Resources Commission; and WHEREAS, a review of the adopted draft amendment will be scheduled; and the Division of Coastal Management will certify the draft amendment; NOWITIC: REFORE, BE IT RESOLVED by tire. Town Council of the Town of Carolina Beach, North Carolina, thatin the CAMA. Land Use Plan be amended as follows: 2007 Town of Carolina Beach LAMA Land Use Plan 11 Management Topic.: Land Use Compatibility Land Use Compatibility Policies 32) 'Alith the exception of Commercial 2, the Town shall support and implement -maximum, building heights throughout the community not to exceed fifty (59) feet. (A) Exceptions tothis height way be permitted up to sixty (60) feet maximumwith one additionalfoot on the 1� front st-Itback and one additionit! foot ad-ded cunnflativehi to" to the side setbacks for each additional foot in height. for land classification areas: Mixed use'l north. of Commercial 2; Commercial 1; North Pier Commerce; . Residential 5; farina Mixed Use; Mixed Use 3 east of Carolina Beach Avenue South,. and Industrial, BE IT FURTHER RESOLVED that the Town Council of the Town of Carolina Beach., North Carolina, has adopted the draftamendment; mid BE IT FURTHER RE SOLVED that the Town Manager of the ill own of Carolina Beach is hereby authorized to submit the adopted CAM.A Land Use Plan draft amendment -to the State for certification as described above, ,Adopted this 8th day of January 201.9. *eJco)seDb ns o n 7 p Mayor Attest: lann Kim Ward Towm Clerk Notice of Public Hearing Amendment of the 2007 Town of Carolina Beach CAMA Land Use Plan Notice is hereby given that the Town of Carolina Beach will conduct a public hearing on December 11, 2018 at 6:30 PM to review an amendment to the Town of Carolina Beach Coastal Area Management Act (CAMA) Land Use Plan. The meeting will be held at Carolina Beach 1121 N. Lake Park Blvd. All interested citizens are encouraged to attend. Following the public hearing, the Town of Carolina Beach will consider adoption of the Land Use Plan amendment. Once adopted, the amended plan will be submitted to the Coastal Resources Commission for certification. Written objections, comments, or statements of support shall be submitted to the Division of Coastal Management's District Planner, Mike Christenbury, 127 Cardinal Drive Ext. Wilmington, NC 28405, no less than 30 calendar days after local adoption of the amendment. Further information can be obtained by contacting the District Planner at 910-796-7426. Copies of the Land Use Plan amendment are available for review by the public at the Carolina Beach Town Hall located at 1121 N. Lake Park Blvd. during normal office hours. The public is encouraged to review the Land Use Plan amendment and to attend the public hearing. For additional information, please contact the Town of Carolina Beach Senior Planner at 910-458- 2991. a ' x.