Amend 1 Carolina Beach LUP

ROY COOPER.
Governor
ELIZABETH S. BISER
Secretwy
BRAXTON DAVIS
Direrror
Mayor LeAnn Pierce
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 CAROLINA
Envirionmen tat Quality.
October 19, 2021
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
LeAnn pierce carolinabeach. org
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
Leremy. ardi son@) carolinabeach.org
Re: Certification of an Amendment to the 2020 Carolina Beach CAMA Land Use
Plan
Dear Mayor Pierce and Mr. Hardison:
Please find enclosed the written Final Agency Decision granting the Town of
Carolina Beach's request for certification of an amendment to its 2020 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, Chair
Mary L. Lucasse, Commission Counsel
Michael Christenbury, Wilmington District Planner
Carolina Department of Environment'-.1t Quality Division. of Coastal Management
i ton ice -final Drive Extension I Wilmi �.gton, Nord Carolina 28405
910796,721.5

r]
STATE OF NORTH CAROLINA COASTAL RESOURCES COMMISSION
COUNTY OF NEW HANOVER DIVISION OF COASTAL MANAGEMENT
IN THE MATTER OF THE REQUEST
FOR CERTIFICATION OF AN
AMENDMENT TO THE CAROLINA FINAL AGENCY DECISION
BEACH 2O20 CAMA LAND USE PLAN
FACTS
1. This is an Amendment to the Town of Carolina Beach 2020 CAMA Land Use Plan
adopted September 14, 2021 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 policy 31(A) within the 2020
Land Use Plan, as noted below:
Future Land Use Map and Character Area description - Mixed Use Commercial:
"Higher Density area with a mix of uses, within the district and individual buildings.
Residential uses allowed only on upper stories; unless associated with a mixed
commercial -residential use on a 10 acre or greater lot with a minimum 3,000 sq, ft, of
commercial space provided per acre. "
3. Carolina Beach adopted the Amendment to the Land Use Plan by resolution on
September 14, 2020 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 2020 CAMA Land Use Plan has met the
substantive requirements outlined within the Land Use Planning Requirements effective February
1, 2016.

2. There are no conflicts evident in the Amendment to Carolina Beach's 2020 CAMA
Land Use Plan with either state or federal law or the State's Coastal Management Program.
3. The elected by od 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
following local adoption of the plan, as required by N. C. G. S . § 113 A-
provlde written comment f g p p � q
.0802 and .0803 and the Amendment to Carolina Beach's Land Use Plan
110 and 15 A NCAC 7B ,
was submitted to the NC Division of Coastal Management Commission without written objection
or comment from the public.
DECISION
For the reasons stated herein, Carolina Beach's request for certification of the Carolina
Beach: CAMA Land Use Land Use Plan ("2020 CAMA Land Use Plan") is GRANTED:
l
This the day of 2021.
Braxton C. Davis, Director
N.C. Division of Coastal Management
0

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 LeAnn Pierce
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:
leann.pierce d"&carolinabeach.or
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
Jeremy- .hardison(z carolinabeach.or
Electronically: Renee.Cahoonncdenr. gov
Electronically: mlucasse(d)ncdoj .
This the 1�tdayof 2021.
Angela W%1i Secretary to the Director
3

Resolution No. 21-2241.
RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF CAROLINA BEACH, NORTH
CAROLINA9 AUTHORIZING AN AMENDMENT TO THE 2021 CAMA LAND USE PLAN
)VHEREAS, the Town of Carolina Beach desires to amend its CAMA Land Use Plan,
specifically the policy related to Residential uses allowed only on upper stories Mixed
Use Commercial building; and
WHEREAS, the CAMA Land Use Plan currently states; and
2020 Town of Carolina Beach CANLA,. Land Use Plan
Future Land Use Map and Character Areas
Mixed Use Commercial
Higher density area with a mix of uses, within the district and individual buildings. Residential uses
allowed only on tipper stories.
WHEREAS, the Towrn of Carolina Beach desires to amend the CAMik Land .Use Plan to state; and
. 0
Higher density area With a mwi ix of uses, thin the district and individual buildings. Residential uses
'A' d '0
allowed only on upper stofies- -un-less* ass-o�cn n. a I in o.
............. ........
ll : )M" ovided oe�r ­1re'-M4,VVISO01 C(._-i4'S!, -,c-
VVHEREAS, on August 12, 2021 the Planning & Zoning Commission recommended denial of the
original draft amendment to the CAMA Land Use Plan that stated -a minimum of 1,500 . .ft. of
commercial space provided per acre ; and
"EREAS, the Town of Carolina Beach conducted a duly advertised public hearing on the draft -
amendment to the CAKAL Land Use Plan at the Regular Meeting of the Town Council on September 14,
2021; and
WHEREAS, at the. Regular Meeting on September 14, 2021 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 fixture and approved to adopt the draft amendment; and
VfflEREAS,, the adopted draft amendment 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 Coastal Resources Commission; and

WHEREAS, a review of the adopted draft amendment will be scheduled; and the Division of Coastal
Management Will certify the drab amendment;
NOW, THEREFORE, BE IT RESOLVED b' the Town Council of the Town of Carolina Beach,
North Carolina, that in the, CAMA f.,and Use Plan be .amended as follows:
2020 Town of Carolina Beach. C AdMA: Land Use Plan:
Future Land Use Map and Character Areas
Mixed Use Commercial
Higher density area with a mix of uses, within the district and individual buildings. Residential uses
allowed only on upper stories'. awnless � o. with E h : -iXe.� C�����glLle-"ta �:��. ��� ���s e �� l..� 10 cvx� or
P 3��;
.w.Q ♦ } Y ,^ a � f + Y Q� ^¢ 1`: 'J +�;? .
� .x l :. �'�>��'€ S' e r a ..
BE IT FURTHER RESOLVED that the Town Council of the Town of Carolina Beach, forth
Carolina, has adopted the draft amendment; and
BE IT FURTHER RESOLVED that the Town Manager of the Torn of�Carolina Beach is hereby
authorized to submit the adopted C.AMA. Land Use Plan draft amendment to the State for certification as
described above..
Adopted this loth day of ember 2021. � ,�
... + off.`
LeAnn Pierce
Mayor AN +0
AL
OFFIC
Attest: '
£ - Z
Kim Wand �.
Tow. Clergy. .'�'
2