Amend 1 2017 Town of Emerald Isle LUP 1OCT2018

ROY COOPER
Governor
MICHAEL S. REGAN
Secretary
BRAXTON C. DAVIS
Director
Mayor Eddie Barber
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
Mr. Frank Rush
Town Manager
7500 Emerald Drive
Emerald Isle, NC 28594
NORTH CAROLINA
Environmental Quality
October 26, 2018
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
Re: Amendment to the Town of Emerald Isle Comprehensive Land Use Plan
Dear Mayor Barber and Mr. Rush:
Please find enclosed the written Final Agency Decision granting the Town of Emerald
Isle's request for an amendment to its Comprehensive Land Use Plan. Let me know if you have
any questions.
Very truly XTr
Braxton C. Davis, Director
NC Division of Coastal Management
cc via email: M. Renee Cahoon, Chair
Mary L. Lucasse, Commission Counsel
Rachel Love-Adrick, Morehead City District Planner
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North Carolina Department of Environmental Quality Division of Coastal Management
Morehead City Office 1 400 Commerce Avenue I Morehead City, North Carolina 28557
252,808.2.808

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
COASTAL RESOURCES COMMISSION
DIVISION OF COASTAL MANAGEMENT
IN THE MATTER OF THE TOWN OF )
EMERALD ISLE'S REQUEST FOR )
CERTIFICATION OF THE FIRST ) FINAL AGENCY DECISION
AMENDMENT TO COMPREHENSIVE )
LAND USE PLAN )
FACTS
1. The Town of Emerald Isle is located on Bogue Banks in Carteret County. Emerald
Isle is bounded Bogue Sound to the north; the Town of Indian Beach to the east; the Atlantic Ocean
to the south, and Bogue Sound and Bogue Inlet to the west.
2. The 2017 Comprehensive Plan was certified by the Coastal Resources Commission
(CRC) on January 24, 2018.
3. The Town of Emerald Isle is requesting certification of an amendment to the 2017
Comprehensive Plan. This is the first amendment to their plan. The Town is seeking certification
of a future land use map amendment to categorize McLean -Spell Park (539418206342000) as
Government from Mixed -Use Residential. The town recently acquired the 30-acre property for
parks and recreation purposes, and to specifically prevent future residential development to the
parcel.
4. The Town of Emerald Isle Board of Commissioners held a duly advertised public
hearing to consider the proposed amendment to the Comprehensive Plan and voted unanimously,
by resolution to approve the amendment on August 13, 2018. 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. The Town of Emerald Isle's 2017 Comprehensive 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 Town of Emerald Isle's 2017 Comprehensive
Plan with either state or federal law or the State's Coastal Management Program.
3. The elected body of The Town of Emerald Isle made a final decision on the contents
of the amended 2017 Comprehensive 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 Town of Emerald Isle's 2017 Comprehensive 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 Emerald Isle's request for certification of the
amendment to its Comprehensive Land Use Plan is GRANTED.
This the I�C—`s day of (r-)r,6018.
Braxton C. Davis, Executive 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 to the
Town of Emerald Isle and the North Carolina Coastal Resources Commission by the means
specified below:
Mayor Eddie Barber
Town of Emerald Isle
7500 Emerald Drive
Emerald Isle, NC 28594
Mr. Frank Rush
Town Manager
7500 Emerald Drive
Emerald Isle, NC 28594
M. Renee Cahoon, Chair
Coastal Resources Commission
Mary L. Lucasse
Commission Counsel
NC Coastal Resources Commission
PO Box 629
Raleigh, NC 27602
Rachel Love-Adrick, District Planner
Division of Coastal Management
400 Commerce Ave.
Morehead City, NC 28557-3421
Method of Service
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
Electronically: [e-mail]
Electronically: [e-mail]
Electronically: [e-mail]
This is the A5 m day of OCIDW , 2018.
Ja"
Angela Will s, Secretary to the Director

0

CARTL RET COUNTY.
NORTH CAROLINA
AFFIDAVIT OF PUTBL.ICATION
Before the undersigned, a notary public of said County and State, duly commis-
sioned, qualified, and authorized by law to administer oaths, personally appeared
Judy F. Allred - who being
first duly sworn, deposes and says that he (she) is Clerk
(Owner, partner, publisher or other officer or employee
authorized to make this affidavit)
of THE CARTERET PUBLISHING CO., INC., engaged in the publication of a
newspaper known as CARTERET COUNTY NEWS -TIMES, published, issued,
and entered as second class mail in the Town of Morehead City, in said County
and Stater that he (she) is authorized to make this affidavit and sworn statement;
that the nbdce or ether legal advertisement, a true copy of which is attached here-
to, was published in CARTERET COUNTY NEWS -TIMES on the following
date 0'../13/2fii8.07/27/2018.08/03/2018
and that the said newspaper in r,fiich such notice, paper, document, or legal adver-
tisement was published was, at the time of each and every such publication, a news-
paper meeting all of the requirements and qualifications of Section 1-597 of the
General Statutes of North Carolina and was a qualified newspaper within the mean-
ing of Sectinn 1-597 of the General Statutes of North Carolina.
This - 3rd day of August, 2018
(i!Ynature of er omaking affidavit) .
Sworn aid subscribed to before me, this:
My
�,a Notary Public
Aprii 25, 2019
Notice of Public Hearing
Amendment of the Town of Emerald Isle CAMA Land Use
Plan
Notice is hereby given that the Board of Commissioners for
the Town of Emerald Isle will conduct public hearing on
Monday, August 13, 2018 at 6:00 PM, or as close thereafter
as possible to review an amendment to the Towna Coastal
Area Management Act (CAMA) Land Use Plan. The
meeting will be held In the Town Board Meeting Rao,n,
7500 Emerald Drive, Emerald Isle, NC. AD Interested
cilizens are encouraged to attend.
Following the public hearing, the Board of Commissionem
will consider adoption of the Land Use Plan amendment.
Once adopted, the Land Use Plan will be wbmated to the
Coastal Reaources Commission for certification.
Written objections or comments, shall be submitted to the
Division of Coastal Area Management Planer, Rachel
Love-Adri 400 Commerce Avenue, Morehead City, NO
28557 no more then 30 calendar days after local adoption
of the amendment, Further Information can be obtained by
contacting the District Planner, at 252-808-2808.
Copies of the Land Use Plan amendment are available for
review by the public at the Planning and Inspections Office
during normal office hours. The public is encouraged to
review the Land Use Plan amendment and to attenC the
publlchearing. For addlllonal Information, please comact
Town Planner, Josh Edmondson at (252) 354-85.19.
Jy13,27,Au3
a0100092.
13582581

RESOLUTION AMENDING CAMA / COMPREHENSIVE LAND USE PLAN
WHEREAS, the Town of Emerald Isle seeks to amend its 2017 CAMA / Comprehensive
EME' kA,LD ISLE
an Use an, specifically the Future and Use Map, in order to amend the future an
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use related to the property identified as McLean -Spell Park (PIN 539418206342000), and
Nice Mattersl
WHEREAS, the Future Land Use Map currently projects this — 30 acre property for "Mixed
Residential" development in the future, and
Town of Emerald Isle
7500 Emerald Drive
WHEREAS, the Town recently acquired this property for parks and recreation purposes,
Emerald Isle, NC 28594
and to specifically prevent the future development of the property with multi -family
residential units, and
252-354-3424 voice
252-354-5068 fax
WHEREAS, the Town now seeks to amend the Future Land Use Map to identify this
property for "Government" use in order to reflect the Town's future plans and also to insure
www.emeraidisle-nc.or¢
consistency among all Town -owned properties, which are also identified for "Government"
use on the Future Land Use Map, and
WHEREAS, on July 23, 2018 the Planning Board recommended approval of the proposed
Mayor
amendment, and
Eddie Barber
WHEREAS, the Board of Commissioners advertised and conducted a public hearing on
the proposed amendment at its regular meeting on August 13, 2018, and,
Mayor Pro-Tem
Floyd Messer, Jr.
WHEREAS, the Board of Commissioners believes the proposed amendment is consistent
with the Town's desired vision for the future, and
Board of commissioners
WHEREAS, as required by State law, the proposed amendment will be forwarded to the
Candace Dooley
NC Division of Coastal Management and the NC Coastal Resources Commission for
Steve Finch
formal review and certification,
Jlm Normile
Mark Taylor
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Town of
Emerald Isle that the CAMA / Comprehensive Land Use Plan, more specifically the Future
Town Manager
Land Use Map located in Section 4, Future Demand I Projections, page 4-17, is hereby
Frank A. Rush, Jr.
amended as follows:
frus h @ eme ra ldisle-nc, ora
Amend Future Land Use Map to change the future land use of the property
now known as McLean -Spell Park (PIN 539418206342000) from "Mixed
Residential" to "Government", as indicated on the attached map.
BE IT FUTHER RESOLVED, that the Town Manager is hereby authorized to submit the
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adopted CAMA / Comprehensive Land Use Plan amendment to the NC Division of Coastal
Management and NC Coastal Resources Commission for certification as described above.
Adopted this the 13a`h day of Qv(�t� 2018, by a vote of
Commissioner(s)i4�fhG'�`_ {�fcr' ^t'� a 1(cs/ voting for,
Commissioner(s) voting

against, and Commissioner(s) absent.
Eddie Barber, Mayor
ATTEST:
and ee w b , To n Cle k