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Home My WebLink AboutAmend 3 - 2006 LUP_CERT2JULY2019ROY COOPER Governor MICHAEL S. REGAN Secretory BRAXTON C. DAVIS Director NORTH CAROLINA Environtreental Quality July 1, 2019 7411 Bob White, Chairman CERTIFIED MAIL RETURN RECEIPT Currituck County Board of Commissioners REQUESTED 153 Courthouse Rd., Ste. 206 Currituck, NC 27929 Daniel Scanlon CERTIFIED MAIL RETURN RECEIPT a��Qtpviaps County Manager REQUESTED and electronically: ;rew, o<roo' 153 Courthouse Rd., Ste. 204 dan.scant eov lon@currituckcountvnc \o""\et KeP\ Currituck, NC 27929 tde`,,ears; reminder ON Me`\m note Re: Certification of Third Amendment to the Currituck County 2006 CAMA �Pweso`' Land Use Plan Dear Chairman White and Mr. Scanlon: a5% Please find enclosed the written Final Agency Decision granting the County's request for certification of a third amendment to the Currituck County 2006 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 Laurie LoCicero, AICP, Currituck County Planning Director Charlan Owens, AICP, Elizabeth City District Planner North Carniina Departmcnt of Environmental Quality i biv;,ciw? oi'Coastal Management Elizabeth City Office ! 401 South Griffin Street, Suite 300 Elizabeth City, North Carolina 279o9 252.264,3901 STATE OF NORTH CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF CURRITUCK DIVISION OF COASTAL MANAGEMENT IN THE MATTER OF CURRITUCK COUNTY' S REQUEST FOR CERTIFICATION OF THE THIRD FINAL AGENCY DECISION AMENDMENT TO THE 2006 LAND USE PLAN FACTS 1. Currituck County (hereinafter the "County") is located in northeastern North Carolina and is bounded by the State of Virginia to the north, the Atlantic Ocean to the east, the Town of Duck in Dare County and the Albemarle Sound, to the south, and Camden County and the North River to the west. The County is geographically divided by the Currituck Sound. 2. On May 18, 2007, the North Carolina Coastal Resources Commission ("Commission") issued a final agency decision granting the County's request for certification of the Currituck County 2006 Land Use Plan ("2006 LUP"). 3. On September 25, 2008, the Commission issued a final agency decision granting the County's request for certification of a map amendment (Amendment 1) to change 40 acres on the Future Land Use Plan Map from a "Conservation" designation to a "Full Service" designation and 80 acres from a "Limited Service" designation to a "Conservation" designation, along with an associated text amendment revising acreage totals for each designation for comparison to projected land needs. 4. On June 24, 2009, the Commission issued a final agency decision granting the County's request for certification of a map amendment (Amendment 2) to change 58 acres on the Future Land Use Plan Map from "Limited Service" to "Full Service", an associated text amendment revising acreage totals for each designation for comparison to projected land need, and other text amendments. 5. Currituck County is requesting certification of a map amendment (Amendment 3) to the 2006 LUP. The amendment will change 25.857 acres on the Future Land Use Plan Map from "Limited Service" to "Full Service". An associated text amendment is not required under the Land Use Planning Requirements effective February 1, 2016 and has therefore not been provided. 6. The Currituck County Board of Commissioners held a duly advertised public hearing to consider the proposed third amendment to the 2006 LUP and unanimously voted, by ordinance, to adopt the third amendment on March 18, 2019. 7. The public had an opportunity to provide written comments on the third amendment up to thirty (30) calendar days after local adoption. No comments were received. CONCLUSIONS OF LAW L The third amendment to the 2006 LUP has met the substantive requirements outlined within the Land Use Planning Requirements effective February 1, 2016. 2. There are no conflicts evident in the third amendment to the 2006 LUP with either state or federal law or the State's Coastal Management Program. 3. The elected body of Currituck County made a final decision on the contents of the third amendment to the 2006 LUP 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 third amendment 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. 2 DECISION For the reasons stated herein, the request for certification of the third amendment to the 2006 Land Use Plan is GRANTED. This the �- to day of T� �' 2019. K� Braxton C. Davis, Director N.C. Division of Coastal Management CERTIFICATE OF SERVICE This is to certify that I have served a copy of the attached Final Agency Decision to the Currituck County and the North Carolina Coastal Resources Commission by the means specified below: Method of Service Bob White, Chairman CERTIFIED MAIL RETURN RECEIPT Currituck County Board of Commissioners REQUESTED 153 Courthouse Rd., Ste. 206 Currituck, NC 27929 Daniel Scanlon CERTIFIED MAIL RETURN RECEIPT County Manager REQUESTED 153 Courthouse Rd., Ste. 204 Currituck, NC 27929 and Electronically: dan.scanlon@currittickcotintync.gov M. Renee Cahoon, Chair Coastal Resources Commission Mary L. Lucasse Commission Counsel NC Coastal Resources Commission PO Box 629 Raleigh, NC 27602 Laurie LoCicero, Currituck County Planning Director This is the day of lui 2019. Electronically: Renee.Cahoon@ncdenr.gov Electronically: mlucas..se@ncdoj.gov Electronically: latirie.locicero@currit-Lickcountyne.gov Angela Wi is, ssistant to the Director 0 .OY COOPED Governor MICN EL S. tE AI Secretary BRAXTON C. DAVIS Director MEMORANDUM NORTH CAR 1LINA Environmental Quality TO: Mike Lopazanski, Policy and Planning Section Chief Division of Coastal Management FROM: Charlan Owens, AICP, NE District Planner Division of Coastal Management SUBJECT: Certification of an Amendment (Amendment 3) to the Currituck County 2006 Land Use Plan DATE: May 21, 2019 Recommendation Certification of an Amendment to the Currituck County 2006 Land Use Plan based on the determination that the County has met the substantive. requirements outlined in the 15 NCAC 713 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 Currituck County is seeking certification of a future land use plan map amendment to change the designation of 25.857 acres from "Limited Service Areas" (Areas Preferred for Low Density Development) to "Full Service Areas" (Areas Preferred for Community Centers). The change will allow an increase in- residential density from 1.5 units per acre to 3 units per acre. An exhibit of the proposed map change is ATTACHED. The County held aduly advertised public hearing on the amendment at their March 18, 2019 regular meeting and itwas adopted by unanimous vote. The public was provided the opportunity to submit written comments on the LUP amendment up to 30 days after the local adoption (April 17, 2019). No written comments or objections were received. The current LUP is available at the following link: https:Hdeg.nc.gov/about/divisions/coastal- management/coastal-management-land-use-planning/certified-lugs/currituck-county The Future Land Use Plan Map is on the last page: E Q i7e�nr€n;erttc4f3sxtsnnsf�siat£luatfy North Carolina Department of Environmental Quality 4 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 ATTACHMENT Exhibit of Proposed Amendment to Map 11.1 Future Land Use Plan Map � 4 1 f � Y r! r F Y� S n � HIf S P �s. Existing Designation — Limited Service (Yellow) Proposed Designation — Full Service (Orange)