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HomeMy WebLinkAboutChowanCo_Edenton_LUPCERT_15NOV2018ROY COOPER NORTH CAROLINA Dover nor Enviionm,. 0qt Quality MICHAEL S. REGAN Secretary ri ri: w. t rrr•r..s t ;#N r. A s rx't» STATE OF NORTH CAROLINA COASTAL RESOURCES: COMMISSION COUNTY OF CHOWAN DIVISION OF COASTAL MANAGEMENT IN THE MATTER OF THE REQUESTS .FOR CERTIFICATION OF THE CHOWAN COUNTY AND TOWN OF FINAL AGENCY DECISION EDENTON JOINT LAND USE PLAN FACTS 1. The Chowan County and Town of Edenton Joint Land Use Plan was adopted August 6, 2018 by Chowan County and adopted August 14, 2018 by the Town of Edenton ("2018 Joint Land Use Plan"): 2. Chowan County is bounded by Gates County to the north, Perquimans County and the, Yeopim River to the east, the Albemarle Sound and ;Edenton Bay to the south, and the Chowan River to the west.. The Town of Edenton is located on Edenton Bay. 3. As of 2015, the permanent population of Chowan County was 14,656 persons, with 9,714 persons in unincorporated Chowan County and 4,942 persons in the Town of Edenton. 4. Between July 1, 2016 and June 30, 2017 Chowan County was under contract with the NC Department of Environmental Qualitythrough the Division of Coastal Management's Planning and Management Grant Program (Contract No. 6920) to prepare and update to its joint land use plan with the Town of Edenton. In September 2017, the County received a grant payment of $14,210 for completion of a draft plan update. 5: Chowan County and the Town of Edenton are requesting certification of the 2018 Joint Land Use Plan which can be ' found at https://deq.nc. gov/about/divisions/coastal- management/coastal-management-land-use-planning/certified=lops/chowan-county . ;The 2018 Joint Land Use Plan updates the existing Chowan County / Town of Edenton Core Land Use Plan certified by the Coastal Resources Commission on July 24, 2008. 6. The 2018 Joint Land Use Plan supports shared County and Town goals to encourage population growth, promote economic development, provide recreation and open space, and foster housing choice while also addressing public water access, land use compatibility, infrastructure carrying capacity, natural hazard areas and water quality. 7. A duly advertised joint public hearing on the 2018 Joint Land Use Plan was held on March 26, 2018 and continued to July 23,2018. Comments were received at the public hearing and :minor revisions. were made to the 2018 Joint Land Use Plan in response to the comments. , 8. Chowan County_ adopted the 2018 Joint Land Use Plan by resolution on August 6 2018 and the Town of Edenton adopted the 2018 Joint Land Use Plan by resolution on August 14, 2018. The public had the opportunity to provide written. comments on the planup to thirty (30) calendar days after local adoption. Nocomments were received. CONCLUSIONS OF LAW 1. The Chowan County and Town of Edenton Joint Land Use Plan (2018) has met the substantive requirements outlined within the Land Use Planning Requirements effective February 1, 2016. 2. There are no conflicts evident in the Chowan County and Town of Edenton Joint Land Use Plan (2018) with either state or federal law or the State's Coastal Management Program. 3. The elected bodies of Chowan County . and the Town of Edenton made final decisions on the contents of the 2018 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- 2 9- 110 and 15A NCAC 7B .0802 and .0803 and the Chowan County and Town of Edenton Joint Land Use Plan (2018) was submitted to the NC' Division of Coastal Management without written objection or comment fromi the public: 4. During its regularly scheduled meeting on November 7-8, 20.17, 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. § 1 13A- 1 10(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 Chowan County and Town of Edenton requests for certification of the Chowan County and Town of Edenton Joint Land Use. Plan ("2018 Joint Land Use Plan") are GRANTED. This the t' day of 2018. Braxton C. Davis, Executive 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 Chowan County, the Town of Edenton and the North Carolina Coastal Resources Commission by the means specified below: Method of Service Chairman Jeff Smith CERTIFIED MAIL RETURN RECEIPT Board of Commissioners REQUESTED Chowan County . 305 West Freemason Street P. O. Box 1030 Edenton, NC 27932 Mayor Roland Vaughan CERTIFIED MAIL RETURN RECEIPT Town of Edenton 'REQUESTED 400 South Broad Street P. O. Box 300 Edenton, NC 27932 Kevin Howard CERTIFIED. MAIL RETURN RECEIPT County Manager REQUESTED 305 West Freemason Street P. O. Box 1030 and Electronically: Edenton, NC 27932 kevin.howard@chowan.nc.gov Anne -Marie Knighton CERTIFIED MAIL RETURN RECEIPT Town Manager REQUESTED 400 South Broad Street P. O. Box 300 and Electronically: Edenton, NC 27932 anne-marie.knighton@edenton.nc.r,ov M. Renee Cahoon, Chair Electronically: Renee.Cahoon@ncdenr.gov Coastal Resources Commission 11 Mary L. Lucasse Electronically: mlucasse@ncdoi.gov Commission Counsel 5 RESOLUTION OF THE CHOWAN COUNTY BOARD OF COMMISSIONERS ADOPTING THE 2018 EDENTON-CHOWAN COUNTY CAMA LAND USE PLAN WHEREAS, Chowan County and the Town of Edenton drafted a Coastal Area Management Act (CAMA) Land Use Plan with the assistance of its consultant. Code Wright, and conducted a series of public workshops and meetings as part of a comprehensive public participation program under the leadership of the <Planning/Steering Committee>; and WHEREAS, the Chowan County Board of Commissioners conducted•a duly advertised public hearing on the draft CAMA. Land Use Plan at a Special Joint Meeting of the Chowan County Board of Commissioners and the Edenton Town Council on Monday, March 26, 2018; and WHEREAS,. at the Meeting on March 26, 2018 the Town Council and Board of Commissioners voted to continue the public hearing to July 23 2018; and WHEREAS, at the July 23, 2018 comments were received on the revised draft Land Use Plan and after the public hearing, minor editorial revisions were made to the Plan and the Chowan County Board of Commissioners. found the policies and Future Land Use Map in the revised draft Plan to be consistent with the County's desired vision for the future and unanimously approved to adopt the draft Plan; 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's Executive Director; and WHEREAS, a review of the adopted draft Plan by the Executive Director will be scheduled and a final decision on certification of the Plan will be prepared; NOW, THEREFORE, BE IT RESOLVED that the Chowan County Board of Commissioners has adopted the draft Plan; and BE IT FURTHER RESOLVED that the County Manager is hereby authorized to submit the adopted CAMA Land Use Plan draft to the State for certification as described above. Adopted this 6" day of August, 2018. RESOLUTION OF THE EDENTON TOWN COUNCIL ADOPTING THE 2018 EDENTON-CHOWAN COUNTY CAMA LAND USE PLAN WHEREAS, Chowan County and the Town of Edenton drafted a Coastal Area Management Act (CAMA) Land Use Plan with the assistance of its consultant CodeWright, and conducted a series of' ublic workshops and meetings as part of a comprehensive public participation program under the leadership of the Planning/Steering Committe; and WHEREAS, the Edenton Town Council conducted a duly advertised public hearing on the draft CAMA Land Use Plan at a Special Joint Meeting of the Chowan County Board of Commissioners and the Edenton Town Council on Monday, March 26, 2018; and WHEREAS, at the Meeting on March 26, 2018 the Town Council and Board of Commissioners voted to continue the public hearing to July 23, 2018; and WHEREAS, at the July 23, 2018 comments were received on the revised draft Land Use Plan and after the public hearing, the Town Council and County Commissioners voted to receive minor editorial revisions from the consultant and staff and consider adoption at the next regular board meetings; and WHEREAS, at the August 14, 2018 Town. Council Regular Meeting the Town Council reviewed the recommended revisions to the Plan and finds the policies and Future Land Use Map as revised to be consistent with the Town Council's desired vision for the future and unanimously voted to adopt the draft. Plan; -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's. Executive Director; and WHEREAS, a review of the adopted draft Plan by the Executive Director will be scheduled and a final decision on certification of the Plan will be prepared; NOW, THEREFORE, BE IT RESOLVED that the Edenton Town Council has adopted the draft Plan; and BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to submit the adopted CAMA Land Use Plan draft to the State for certification as described above. Adopted this 14t' day of August, 2018. 0:� ' . Steve• 1 Mayor, it �V r s qa5 u.• , •1 Anne Marie' Knighton, Clerk i Cooke COMMUNICATIONSPCD NORTH CAROLINA LLC The Daily Reflector - The Daily Advance - The Rocky Mount Telegram Bertie ledger - Chowan Herald - Duplin Times - Farmville Enterprise - Perquimans Weekly - Standard Laconic Tarboro Weekly -Times Leader - WilAamston Enterprise Check # PO Box 1967 �. ! Greenville NC 27835 Date Paid i , i AIR Rep EDENTON-CHOWAN Copy Line: ADOPTION OF EDENTON CHOW - PLANNING & INSPECTIONS DEPT. AN PO BOX 1030 Lines: 54 EDENTON NC 2793Z Total Price: $297.00 Account: 100429 Ticket: 220224 PUBLISHER'S AFFIDAVIT NORTH CAROLINA Chow County `- affirms that he/she is clerk of Chow - an Herald, a newspaper published weekly at Edenton, Chowan County, North Carolina, and that the advertisement, a true copy of which is hereto attached, entitled ADOPTION OF EDENTON CHOWAN was published in said Chowan Herald on the following dates: Wednesday, February 21, 2018 Wednesday, March 14, 2018 and that the said newspaper in which such notice, paper, document or legal advertisement was published, was at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Chapter 1, Sec- tion 597 of the General Statutes of North Carolina and was a qualified newspaper within the meanin of Chapter 1, Section 597 o the General Statutes of. North Carolina. . AM ed and subscribed before me this 14th day of March 2018 (Notary Public Signature) IF (Notary Public Printed Name) My commission expires Notice of Public Nearing Adoption of the Edenton Chowan CAMA land Use Plan Notice is hereby given that the Edenton Town Council. and Chowan County Board of Commissionerswill conduct a public hearing on Monday, March 26, 2018at 6PMto review adoption ofthe Chowan County & Town of Edenton Coastal Area Management Act (CAMA) Joint land Use Plan. The meeting will be held in the Town Council Chambers at 504 South, Broad Street; Edenton NC. All interested dtizens are encouraged to attend. Following .the public .hearing, the Edenton Town Council and Chow - an County Board of Commissioners will consider adoption of the Chow - an County & Town of. Edenton Joint Land Use Plan. Once adopted, the plan will be submitted to the North Carolina Department of Environmental Quality's Division of Coastal Manage- ment for certification. Written objections, comments, or statements of support shall be sub. mitted to the Division of Coastal Management's District Planner, Char - Ian Owens, 401 South Griffin Sheet Suite 300, Elizabeth City, NC 27909no less than 30 calendar days after local adoption of the plan. Further informa- tion can be obtained by contacting the District Planner at 252 264.3901. Copies of the Land Use Plan are avail- able for review the public at the Chowan County Office Building and at Edenton Town Hap during nor- mal office, hours, or they ma be found on the web at www.chow- ancounty-nc.govand wwwtownofed- enton.com.The public is encouraged to review the Land Use Plan and to attend the public hearing. For ad- ditional information, please contact Elizabeth Bryant Director of Planning & Community Development; Town of Edenton at 252-82 2155. 02/21/2018 RESOLUTION OF THE CHOWAN COUNTY BOARD OF COMMISSIONERS ADOPTING THE 2018 EDENTON-CHOWAN COUNTY CAMA LAND USE PLAN WHEREAS, Chowan County and the Town of Edenton drafted a Coastal Area Management Act (CAMA) Land Use Plan with the assistance of its consultant Code Wright, and conducted a series of public workshops and meetings as part of a comprehensive public participation program under the leadership of the <Planning/Steering Committee; and WHEREAS, the Chowan County Board of Commissioners conducted.a duly advertised public hearing on the draft CAMA Land Use Plan at a Special Joint Meeting of the Chowan County Board of Commissioners and the Edenton Town Council on Monday, March 26, 2018; and WHEREAS,. at the Meeting on March 26, 2018 the Town Council and Board of Commissioners voted to continue the public hearing to July 23, 2018; and _ WHEREAS, at the July 23, 2018 comments were received on the revised draft Land Use Plan and after the public hearing, minor editorial revisions were made to the Plan and the Chowan County Board of Commissioners. found the policies and Future Land Use Map in the revised draft Plan to be consistent with the County's desired vision for the future and f unanimously approved to adopt the draft Plan; 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's Executive Director; and WHEREAS, a review of the adopted draft Plan by the Executive Director will be scheduled and a final decision on certification of the Plan will be prepared; NOW, THEREFORE, BE IT RESOLVED that the Chowan County Board of Commissioners has adopted the draft Plan; and BE IT FURTHER RESOLVED that the County Manager is hereby authorized to submit the adopted CAMA Land Use Plan draft to the State for certification as described above. Adopted this 6th day of August, 2018. RESOLUTION.OF THE EDENTON TOWN COUNCIL ADOPTING THE 2018 EDENTON-CHOWAN COUNTY CAMA LAND USE PLAN WHEREAS, Chowan County and the Town of Edenton drafted a Coastal Area Management Act (CAMA) Land Use Plan with the assistance of its consultant CodeWright, and conducted a series of public workshops and meetings as part of a comprehensive public participation program under the leadership of the Planning/Steering Committe; and WHEREAS, the Edenton Town Council conducted a duly advertised public hearing on the draft CAMA Land Use Plan at a Special Joint Meeting of the Chowan County Board of Commissioners and the Edenton Town Council on Monday, March 26, 2018; and WHEREAS, at the Meeting on March 26, 2018 the Town Council and Board of Commissioners voted to continue the public hearing to July 23, 2018; and WHEREAS, at the July 23, 2018 comments were received on the revised draft Land Use Plan and after the public hearing, the Town Council and County Commissioners voted to receive minor editorial revisions from the consultant and staff and consider adoption at the next regular board meetings; and WHEREAS, at the August 14, 2018 Town. Council Regular Meeting the Town Council reviewed the recommended revisions to the Plan and finds the policies and Future Land Use Map as revised to be consistent with the Town Council's desired vision for the future and unanimously voted to adopt the draft Plan; -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's Executive Director; and WHEREAS, a review of the adopted draft Plan by the Executive Director will be scheduled and a final decision on certification of the Plan will be prepared; NOW, THEREFORE, BE IT RESOLVED that the Edenton Town Council has adopted the draft Plan; and BE IT FURTHER RESOLVED that the Town Manager is hereby authorized to submit the adopted CAMA Land Use Plan draft to the State for certification as described above. Adopted this 14th day of August, 2018. .1 j . Steve cgs; Anne Marie Knighton, Clerk M. yoraPro Tik -' Cooke o I� a n COMMUNICATIONS �a NORTH CAROLINA LLC The Daily Reflector - The Daily Advance - The Rocky Mount Telegram Bartle Ledger - Chowan Herald - Duplin Times - Farmville Enterprise - Perquimans Weekly - Standard Laconic Tarboro Weekly -Times Leader- Willamston Enterprise �/ Check # cA9- t4t 3 --- PO Box 1987 Greenville NC 27835 Date Paid � _._. AIR Rep -- EDENTON-CHOWAN Copy Line: ADOPTION OF EDENTON CHOW - PLANNING & INSPECTIONS DEPT. AN PO BOX 1030 Lines: 54 EDENTON NC 2793Z Total Pricer $297.00 Account: 100429 Ticket: 220224 PUBLISHER'S AFFIDAVIT NORTH CAROLINA Chow County `- affirms that he/she is clerk of Chow - an Herald, a newspaper published weekly at Edenton, Chowan County, North Carolina, and that the advertisement, a true copy of which is hereto attached, entitled ADOPTION OF EDENTON CHOWAN was published in said Chowan Herald on the follovving dates: Wednesday, February 21, 2018 Wednesday, March 14, 2018 and that the said newspaper in which such notice, paper, document or legal advertisement was published, was at the time of each and every publication, a newspaper meeting all of the requirements and qualifications of Chapter 1, Sec- tion 597 of the General Statutes of North Carolina and was a qualified newspaper within the meanin of Chapter 1, Section 597 o the General Statutes of North Carolina. Affi ed and subscribed before me this 14th day of March 2018 (Notary Public Signature) (Notary Public Printed Name) My commission expires Notice of Public Hearing Adoption of the Edenton Chowan LAMA Land Use Plan Notice fs hereby given thatthe Edenton Town Council and Chowan County Board of Commissionerswill conduct a public , hearing on Monday, March 26, 2018at 6PMto review adoption ofthe Chowan County & Town of Edenton Coastal Area Management Act.(CAMA)Joint land Use Plan. The meeting will be held in the Town Council Chambers at 504 South'Broad Street; Edenton NC. All interested citizens are encouraged to attend. Following the public . hearing, the Edenton Town Council and Chow - an County Board of Commissioners will consider adoption of the Chow - an County & Town of . Edenton joint Land Use Plan, once adopted, the plan will be submitted to the North Carolina Department of Environmental Quality's Division of Coastal Manage- ment for certification. Written objections, comments, or statements of support shall be sub- mitted to the Division of Coastal Management's District Planner, Char - Ian Owens, 401 South Griffin Street, Suite 300, Elizabeth City, NC 27909no less than 30 calendar days after local adoption of the plan. Further informa- tioncan he obtained by contacting the District Planner at 252 264.3901. Copies of the Land Use Plan are avail- able for review the public at the Chowan County Office Building and at Edenton Town Hall during nor- mal office: hours, or they ma be found on the web at www.chovw ancounty-ncgovand wwwtownofed- enton.com.The public is encouraged to review the Land Use Plan and to attend the public hearing. For ad- ditional information, please contact Elizabeth Bryant Director of Planning & Community Development; Town of Edenton at 252482 2155. 02121/2010 Governor MICHAELS. REGANSecretary BRAXTON C DAMS ( �Y (�" Director MEMORANDUM NORTH CAROLINA Environmental Quality C, (:�) //" A"t 4*- 41141 (-,- er /- le, e- /--/o -�� , I To: Mike Lopazanski, Policy and Planning Section Chief From: Charlan Owens, AICP, Elizabeth City District Planner Date: November 1, 2018 Subject: Certification of the Chowan County and Town of Edenton Joint Land Use Plan (2018) Recommendation: CERTIFICATION of the Chowan County and Town of Edenton Joint Land Use Plan (2018) based on the determination that the document has met the substantive requirements outlined within the 7B Land Use Plan Guidelines and that there are no conflicts evident with either state or federal law or the State's Coastal Management Program. Overview Chowan County is bounded by Gates County to the north, Perquimans County and the Yeopim River to the east, the.Albemarle Sound and Edenton Bay to the south, and the Chowan River to the west. The Town of Edenton is located on Edenton Bay. As of 2015, the permanent population of Chowan County was 14,656 persons, with 9,714 persons in unincorporated Chowan County and 4,942 persons the Town of Edenton. 10'r'64 Between July 1, 2016 and June 30, 2017, Chowan County aE-asunder a Planning and Management Grant contract (Contract No. 6920) to p4pare and update its joint land use plan with the Town of Edenton. In September 2017, the County received a grant payment of $14,210 for completion of a draft plan. Chowan County and the Town of Edenton desire to encourage population growth, promote economic development, provide recreation and open space, and foster housing choice while also addressing public water access, land use compatibility, infrastructure carrying capacity, natural hazard areas and water quality. Local goals, policies and actions addressing these issues are included in the draft plan. Chowan County and the Town of Edenton held a joint public hearing concerning the draft plan on March 26, 2018 and continued the hearing to July 23, 2018. Comments were received at the public hearing and minor revisions were made to the draft plan in response to the comments. Chowan County adopted the plan at their regularly scheduled meeting on August 6, 2018 and the Town of Edenton adopted the plan at their regularly scheduled meeting on August 14, 2018. The public was provided the opportunity to submit written comments on the plan up to thirty (30) 4�HCMI"WND.EQ NICIAT A , fi"aAme i c1 Esn f;3 aE ariaE QuaE ig North Carolina Department of Environmental Quality I Division of Coastal Management Elizabeth City Office 1401 South Griffin Street, Suite 300 }' Elizabeth City, North Carolina 27909 252.264.3901 North Carolina Department of Environmental Quality MEMORANDUM Division of Coastal Management Page 2 of 2 days after the dates of local adoption (September 5�h'and September 13f). No written comments or objections were received. To view the Chowan County and Town of Edenton Joint Land Use Plan (2018) go to the following link: https:Hdeg.nc.gov/about/divisions/coastal-management/coastal-many ement- 1an.d-use-planning/certiaied-lugs/chowan-county and click on the "2017 Chowan-Edenton LUP" file in the "Locally Adopted" column. The document file includes shared policies on .pdf pages 57-65 and implementation actions on .pdf pages 66-67 specific to the CRCs management topics. The Chowan County future land use map and associated designation descriptions are provided on .pdf pages 25-32. The Town of Edenton future land use map and associated designation descriptions are provided on .pdf pages 42-48. Chowan County policies and implementation actions concerning population growth, economic development, recreation and open space, and housing are provided on .pdf pages 23-24 and 33-35 respectively. Town of Edenton policies and implementation actions on these issues are provided on .pdf pages 40-41 and 49-50 respectively.