Amend 3 Town of Atlantic Beach_4APR2019

ROY COOPER.
Governar
MICHAEL S. €2EGAN
Secretary
BRAXTON C. DAVIS
Director
Mayor A.B. "Trace" Cooper, III
Town of Atlantic Beach
125 West Fort Macon Rd.
Atlantic Beach, NC 28512
Mr. David Walker, Town Manager
Town of Atlantic Beach
125 West Fort Macon Rd.
Atlantic Beach, NC 28512
NORTH CAROLINA
Envlranmentat Quality
March 28, 2019
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
[e-mail]
Re: Amendment to the Town of Atlantic Beach Core CAMA Land Use Plan
Dear Mayor Cooper and Mr. Walker:
Please find enclosed the written Final Agency Decision granting the Town of Atlantic
Beach's request for a third amendment to its core CAMA Land Use Plan. Let me know if you
have any questions.
Very truly yours,
4�� e�—�
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
RECEIVE[)
APR 0 8 2019
DCM-MHD CITY
North Carolina Department of FnAronmental Quality i Division of Coastal Management
Morehead City Office i 400 Commerce Avenue Morehead City, North Carolina 28557
252.808.2808

STATE OF NORTH CAROLINA
COUNTY OF CARTERET
COASTAL RESOURCES COMMISSION
DIVISION OF COASTAL MANAGEMENT
IN THE MATTER OF THE TOWN OF }
ATLANTIC BEACH'S REQUEST FOR }
CERTIFICATION OF THE THIRD ) FINAL, AGENCY DECISION
AMENDMENT TO CAMA LAND USE )
PLAN 1
FACTS
1. The Town of Atlantic Beach is located on Bogue Banks in Carteret County. Atlantic
Beach is bounded by Bogue Sound to the north; Fort Macon State Park to the east; the Atlantic
Ocean to the south, and; the Town of Pine Knoll Shores to the west.
2. The Core Land Use Plan was certified by the Coastal Resources Commission (CRC) on
July 24, 2008.
3. The Town of Atlantic Beach is requesting certification of a third amendment to their Core
Land Use Plan. The first and second amendment were certified on March 25, 2010 and October
26, 2018 respectively. The Town is seeking certification of an amendment to the future land use
map (FLUM) due to the rezoning of 104 Cedar Lane (PIN 637515732761000) from Residential
Single-family Duplex (RSD) to Mixed -use High Intensity (MHI). This change in rezoning is
inconsistent with the parcels FLUM designation of Medium Residential, therefore the town is
requesting to amend the map to designate the parcel as Mixed -Use Residential.
4. The Town of Atlantic Beach Town Council held a duly advertised public hearing to
consider the proposed amendment to the Core Land Use Plan and voted unanimously, by
resolution to approve the amendment on January 28, 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.
RECEIVED
APR 0 8 2019
DCM-MHO CITY

0
CONCLUSIONS OF LAW
1. The Town of Atlantic Beach's Core 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 Town of Atlantic Beach's Core Land Use Plan with
either state or federal law or the State's Coastal_ Management Program.
3. The elected body of The Town of Atlantic Beach made a final decision on the contents of
the amended Core 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 Town of Atlantic Beach's Core 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- 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 Town of Atlantic Beach's request for certification of the
amendment to its Core Land Use Plan is GRANTED.
! m L� 201. This the day •f 9 .
z4el_ RECEIVED
Braxton C. Davis, Director
N.C. Division of Coastal Management APR 0 8 2019
DCM-MHD CITY
2

a
CERTIFICATE OF SERVICE
This is to certify that I have served a copy of the attached Final. Agency Decision to the
Town of Atlantic Beach and the North Carolina Coastal Resources Commission by the means
specified' below:
Mayor A.B. "Trace" Cooper, III
Town of Atlantic Beach
125 West Fort Macon Rd.
Atlantic Beach, NC 28512
Mr. David Walker, Town Manager
Town of Atlantic Beach
125 West Fort Macon Rd.
Atlantic Beach, NC 28512
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:
[e-mail]
CERTIFIED MAIL RETURN RECEIPT
REQUESTED and electronically:
townmanai e� [e-mail]
Electronically: [e-mail]
Electronically: [e-mail]
Rachel Love-Adrick, District Planner
Division of Coastal Management Electronically: rachel.love-adrick@ncdenr.g-ov
400 Commerce Ave.
Morehead City, NC 28557-3421
This is the 'day of � 2019.
Angela Willi istant to the Director
RECEIVED
APR 0 8 2019
DCM-MHD CITY

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4 -F
Resolution 19-01-03
RESOLUTION OF TOWN COUNCIL
OF THE TOWN OF ATLANTIC BEACH, NORTH CAROLINA,
AUTHORIZING AN AMENDMENT TO THE CAMA LAND USE PLAN
WHEREAS, the Town of Atlantic Beach desires to amend its CAMA Land Use Plan, and
WHEREAS, on November 5, 2018 staff received an application for zoning map amendment to change
parcel addressed 104 Cedar Lane, PIN 637515732761000, from the Residential Single-family/Duplex
(RSD) zoning district to the Mixed -use High Intensity (MHI) zoning district; and
WHEREAS, the CAMA Land Use Plan Future Land Use Map currently shows 104 Cedar Lane as the
Residential Medium Density Future Land Use Type; and,
WHEREAS, the Town of Atlantic Beach desires to amend the CAMA Land Use Plan Future Land Use
Map to reflect the proposed Mixed -Use Residential Future Land Use Type at 104 Cedar Lane to bring the
Future Land Use Map into compliance with the newly changed Official Zoning Map of the Unified
Development Ordinance; and
WHEREAS, the Town of Atlantic Beach duly advertised notice of the public hearing on December 26,
2018 in the Carteret -County News -Times; and
WHEREAS, the Town of Atlantic Beach conducted a public hearing on the draft amendment to the
CAMA Land Use Plan at the Regular Meeting of the Town Council on January 28, 2019; and
WHEREAS, at the Regular Meeting on January 28, 2019 the Town Council of the Town of Atlantic
Beach, North Carolina found the draft amendment to be consistent with the Town Council's desired
vision for the future and approved to adopt the draft amendment; and
WHEREAS, 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 by the Coastal Resources Commission will be
scheduled; and the CRC will then vote on certification of the draft amendment;
NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Atlantic Beach, North
Carolina, that the Future Land Use Map on page 197 of the CAMA Land Use Plan be amended as shown
in the attached pages,
BE IT FURTHER RESOLVED that the Town Council of the Town of Atlantic Beach, North Carolina,
has adopted the draft amendment; and
BE IT FURTHER RESOLVED that the Town Manager of the Town of Atlantic Beach is hereby
authorized to submit the adopted CAMA Land Use Plan draft amendment to the State for certification as
described above.
Adopted this 28`h day of January, 2019
DCM-MHD CITY

#
NOTICE IS HEREBY GIVEN that the Town of Atlantic Beach Town Council will meet on Monday,
January 28, 2019 at 6:00 pm to review the amendment listed below to the Official Zoning Map of the Town
of Atlantic Beach and the Town of Atlantic Beach Coastal Area Management Act (CAMA) Land Use Plan.
The meeting will be held in the Boardroom at 125 W Fort Macon Road, Atlantic Beach, NC.
ZMA-18-01 104 Cedar Lane Rezoning
Jack Askew of the Carteret County ABC Commission has requested a zoning map amendment (rezoning)
for 104 Cedar Lane from Residential Single-family Duplex (RSD) to Mixed -use High Intensity (MHI),
Following the public hearing, Town Council will consider adoption of the amendments to the Official Zoning
Map and Land Use Plan. Once adopted, the amended Land Use Plan will be submitted to the Coastal
Resources Commission for certification.
Written objections, comments, or statements of support of the Land Use Plan amendment shall be
submitted to the Division of Coastal Management's District Planner, Rachel Love-Adrick, 400 Commerce
Avenue, Morehead City, NC 28557 no less than 30 calendar days after local adoption of the amendment.
Further information can be obtained by contacting the District Planner at [phone].
Copies of the amendments are available for review by the public at Town Hall during normal office hours
and on the Town's website. The public is encouraged to review the amendments and to attend the public
hearing,
For additional information, please contact Planning &—Development Director Michelle Eitner at
planner2@atlanticbeach-nc,com or (252)726A456.
Posted this 17hday of December, 2018.
Published in Carteret News Times on December 26, 2018, January 11 and January 16, 2019

CARTERET COUN't"Y,
NORTH CAROLINA
AFFIDAVIT OF PUBLICATION
Before: the undersigned, a notary public of said County and 8 Late, duty commis-
sioned, qu tlifW4 and authorized by law to administer oaths, personally appeared
Judy F. Allred who being
first duly°sworn, deposes and say! that he (she) is C leik
t Owne-r, partner, pub►isbei o.r other officer or employee
authorized to make this affidavit)
of THE C:A.RTER.ET PURI.,.I'SH'4G CO., INC., engaged in the publication of a
newspaper known as CARTI RF l` .:'OUNTY NEWS-T1MES, published, issued,
and enterz-J as second class mail in the Town of ?.Aorehead City,. in said County
and State; thf-,t he (she) is autho ized to make this affidavit and sworn statement;
that the notice or other legal ai' , ertisement, a true copy of which is attached here-
to, was published in CARTERET COUNTY NEWS -TIMES on the following
dates: tW,2tl.l l?t9J))t'.ii`tl9�.
and that the said nc ,�spa6(,-r in which such notice, paper, document, or legal adver-
tisernent was published vvas, at the time of each and eve!.°y such publication, a news-
paper meeting all of the requ retnents and qualifications of Section 1-597 of the
General ,Statutes of Nortlt andwas a qualified newspaper within the mean-
ing of Section 1-597 of the General Statutes of I1.,c,rth ('arolina.
This 16th dayof Januar , 2019;
S , ttatur%� ; t'son making affidavit)
Sworn ,tnd subscribed to before me, this:
_ ° v vt lanual � , .0119
a ..� x
kiA
�j Notary Public
4pril 23, 2019
TOWN COUNCIL
NOTICE OF
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that the Town of Atlantic
Beach Town Council will ineet on Monday, January 28,
2019 at 6:00 pm to review the amendment listed below to
the Official Zoning Map of the Town of Atlantic Beach and
the Town of Atlantic Beach Coastal Area M.tnagameni Act
(CAMA) Land Use Plan. Th9 meeting will be held in the
Boardroom at 125 W Fort Me con Road, Atlantic Bea&±,, NC.
ZMA-18-01 104 Cedar Lane Rezoning
Jack Askew of the Carteret County ABC Commission has
requested a zoning map amendment (rezoning) for 104
Cedar Lane from Residential :angle -family Duplex (nSD) to
Mixed -use High Intensity (MHI).
Following the public hearing, Town Cour:cil will consider
adoption of the amendments to the Off',:ial Zoning Map and
Land Use Plan. Once adopted, the amended Land Use
Plan will be submitted to the Coastal Rey,=,urces
Commission for certification.
Written objections, comments, or staternet is of support of
the Land Use Plan amendment shall be ;submitted to the
Division of Coastal Management's Dist:ict Planner, Rachel
Love-Adrick, 400 Commerce Avenue, Morehi=ad City, tit^,
28567 no less than 30 c.ilendar days after 1:oal adopr%on of
the amendment. Further'thformation can by obtained by
contacting the District Planner at [phone].
Copies of the amendments are available for ,eview by ,he
public at Town Hall during normal office hours and on the
Town's website. The public is encouraged to review the
amendments and to attend the public hearing..
For additional information, please contact Planning B
Development Director Michelle Eitner at
[e-mail] or [phone].
D26,J11,16
W
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RECEIVED
FEB 0 12019 a0100091
13583515
DCM-MHD CITY: