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HomeMy WebLinkAboutAmendment #7RZONY COOPER. GbVdtor DIONNE DELLPGATTf -Secratqq, BR.A.XrONDAVIS Di.rector: NORTWCAROLINA Envi I ronmentalQuaWy ... . . ..... . ...... March 10, 2021 Everette S. Newton, Mayor CERTIFIED MAIL RETURN RECEIPT Town of Beaufort REQUESTED and electronically: 701 Front St. e.newton@beaufo:rtnc.org Beaufort, NC 28516 John Day, Town Manager CERTIFIED MAIL RETURN RECEIPT Town of Beaufort REQUESTED and electronically: 701 Front St. j.day@beaufortnc.org Beaufort, NC 28516 Re: :Certification of Amendment to the Town of Beaufort's Core Land Use Plan Dear Mayor Newton and Mr. Day: Please find enclosed the written Final Agency Decision granting the Town of Beaufort's request ' for certification of'a seventh amendment to its Core 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 Rachel Love-Adrick, Morehead City District Planner Kyle Garner, Town of Beaufort, Planning Director ---------- t of Environmental Quality Division, of Coastal. Management. Nbrth Carolfna� Departmen -venue MoreheadCity North Caroilria 28557 Morehead... City Of We 400 Commerce A Q.. 252.8082808 STATE OF NORTH CAROLINA COUNTY OF CARTERET 1N THE MATTER OF THE TOWN OF ) BEAUFORT'S REQUEST FOR ) CERTIFICATION OF THE SEVENTH ) AMENDMENT TO CORE LAND USE ). PLAN ) COASTAL RESOURCES COMMISSION DIVISION OF COASTAL MANAGEMENT FACTS FINAL AGENCY DECISION 1. The Town of Beaufort (hereinafter the "Town") is located in eastern North Carolina in Carteret County and is bounded by unincorporated -areas of Carteret County to the north, the North River to the east, Back Sound to the south, and the Newport River to the west.. 2. The Core Land Use Plan was certified by the Coastal Resources Commission (CRC)on Janu* ary 26, 20-07. There have been six amendments to the Town's Core Land Use Plan; the first was certified by the CRC on July 11, 2017. The second, third, fourth, fifth, and sixth amendments were certified by. the Division Director on March 5, 2018; June 19, 2018; . February 1, 2019; July 18, 2019; and January 13, 2020 respectively. 3. The Town is,requesting certification of a seventh amendment to the Core Land Use Plan to make a rezoning request consistent with the Future Land Use Map. The rezoning is to one parcel at 1205 Lennoxville Road (PIN 730619506568000). The property was rezoned from B-1 General Business District to TCA Townhomes, Condominiums, & Apartments. The requested amendment will change the designation .on the Future Land Use Map from Light Industrial to � Mixed Use. 4.. The ToWn of Beaufort Board of Commissioners held a duly advertised public hearing to consider the proposed amendment to the Core Land Use Plan and voted, by resolution to adopt the amendment. on December. 14, 2020. The publichad 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 l . This amendment to the. Town -of Beaufort Core Land Use Plan has met the substantive requirements outlined within the 2017 Land Use Plan Guidelines. n 2. There are no conflicts evident in the seventh amendment to the Town of Beaufort 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 Beaufort 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 p local adoption of the plan,. as required by N. C. G. S . § 113 A-110 and 15A NCAC 7B .0801 and .0802, and The Town of Beaufort Amended Core Land Use Plan 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-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 Beaufort's request for certification of the amendment to its Core Land Use Plan is GRANTED. This the J<- day of MA&IJ_ 2021. Braxton C. Davis, 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 on the Town of Beaufort and the North Carolina Coastal Resources Commission by the means specified below: John Day, Town Manager Town of Beaufort 701 Front St. Beaufort, NC 28516 Everette S . Newton, Mayor Town- of Beaufort 701 Front St. Beaufort, NC 28516 Kyle Garner, Planning Director Town of Beaufort 701 Front St. Beaufort, NC 28516 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 j.-dad t beau ort. nc. o CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically e. newton(a.beau �)rtnc. oMy U.S. Mail and electronically: k. arnerLa heau ortnc. a� 4 Electronically: Renee. Cahoon( ncdenr.gov Electronically:. mlucasse a1ncdoj'.a Rachel Love-Adrick, District Planner Division of Coastal Mana ement Electronically: rachel.lave-adrickr+c�`.ncdenr. g 400 Commerce Ave. Morehead City, NC 28557-3421 This is the day of� 021. 3 Angel _ 1 lis, Assistant to the Director CARTERET COUNTY, NORTH CAROLINA AFFIDAVIT OF PUBLICATION Before the undersigned, a notary public of said County and State, duly commis- sioned, qualified, and authorized by law to administer oaths, personally appeared Notice of Public Hearing Ramona McFerran first duly sworn, deposes and says that he (she) is Clerk (Owner, partner, publisher or other officer or employee authorized to make this affidavit) Amendment of the Town of Beaufort CAMA Core Land being Use Plan 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 State; that he (she) is authorized to make this affidavit and sworn statement; that the notice or other legal advertisement, a true copy of which is attached here- to, was published in CARTERET COUNTY NEWS -TIMES on the following dates: 11/11/2020 Notice Is hereby given that the Town of Beaufort Board of Commissioners will conduct a public hearing on Monday, December 14. 2020 at 6:00 p.m. to review an amendment to the Town of Beaufort Coastal Area Management Act (CAMA) Care Land Use Plan (Reference Case No. 20.11). The meeting will be conducted virtually via Zoom In accordance with Section 4.31 of S.L. 2020-3. SO 704. To access the meeting, visit www.beaufMnc.org>Calendar>Click on me corresponding meeting where the Zoom link and instructions will be posted. Following the public hearing, the Board of Commissioners will consider adoption of the Land Use Plan amendment. Once adopted, the amended plan will be submitted to the Coastal Resources Commission for certification. written objections, comments, or statements of support shall be submitted to the Division of Coastal Management's District Planner, Rachel Love-Adrick (rachei.love-adrick@nodenrgov) no more than 30 calendar days after local adoption of the amendment. Further information can be obtained by contacting the District Planner at 252-808-2808 ext. 205. and that the said newspaper in which such notice, paper, document, or legal adver- Copies of the Land Use Plan amendment are available g for review by the public at the Town of Beaufort Town Hall tisement was published was, at the time of each and every such publication, a news- during normal office hours. The public is encouraged to paper meeting all of the requirements and qualifications of Section 1-597 of the review the Land Use Plan amendment and to attend the General Statutes of North Carolina and was a qualified newspaper within the mean- public hearing. For additional Information, please contact ing of Section 1-597 of the General Statutes of North Carolina. the Planning Department at 252-728-2142. N11 This I Ith day of November,2020 RECEIVED r MAR 0 8 2021 (Signatu son making affidavit) DCM-MHD CITY Sworn and subscribed to before me, this: l lth day of November, 2020 �`'`„"V-E •M •O •••'o, ' f �.C,LWL��h tJ U K1 V�� - e POBL10 U Notary Public 9'•;y s °�2 •.,'P �us124,� � s• My commission expires August 24 2024 "'•enn,.,rM"`O a0100122 13586300 BEAUFORT BOARD OF COMMISSIONERS AN ORDINANCE TO REZONE 1205 LENNOXVILLE ROAD FROM B-1 to TCA ORDINANCE NO. 20- Applicant: F & G Management Location: 1205 Lennoxville Road Parcel ID: 730619506568000 [.,of Size: 0.42 acres Existing District: B-1 General Business District Meeting Date: November 18. 2019 Requested District: TCA Townhomes. Condominiums & Apartments District WHEREAS, the Applicant has submitted a request to rezone the above referenced property to TCA: and WHEREAS, the Beaufort Planning Board has convened to consider and prepare a recommendation and consistency statement on the request at its meeting on October 19, 2020, at which time the Planning Board recommended approval of the request: and WHERAS, the Beaufort Board of Commissioners conducted a public hearing on December 14, 2020 at which time the applicant andlor applicant's representative vwa given the opportunity to present arguments. and l'own staff was given the opportunity to continent on the application: and WHEREAS, the Town Board of Commissioners has made the follo\aing findings and conclusions: I. The request is consistent with surrounding land use patterns and zoning in the area. 2. The proposed zoning of TCA is consistent with the spirit and intent of the ordinance and the CAMA Core Land Use Plan - Future Land Use Map will be amended to reflect a change from Industrial to Mixed Use. NOW, III IT IS IIEREBY ORDAINED by the Board of Commissioners on the basis of the foregoing findings and conclusions that the request to rezone 1205 Lennoxville Road to TCA Townhomes, Condominiums and Apartments is approved and the Town's Zoning Map is amended accordingly. Enacted on motion of Commissioner John Hagle and carried on a vote of 5 in favor and 0 against. "this, the 21" day of December 2020 TOWN OF BLAUFORT (' Deputy'tbwn Clerk RECEIVED MAR 0 8 2021 DCM-MHD CITY RESOLUTION OF THE BOARD OF COMMISSIONERS OF THE TOWN OF BEAUFORT, NORTH CAROLINA, AUTHORIZING AN AMENDMENT TO THE CAMA LAND USE PLAN WHEREAS, the Town of Beaufort desires to amend its CAMA Land Use Plan, specifically the map related to Future Land Use, and WHEREAS, the CAMA Land Use Plan currently shows Industrial at 1205 Lennoxville Road (PIN 730619506568000);and, WHEREAS, the Town of Beaufort desires to amend the CAMA Land Use Plan to Mixed Use for the aforementioned area; and WHEREAS, on October 19, 2020 the Planning Board recommended approval of the draft amendment to the CAMA Land Use Plan; and WHEREAS, the Town of Beaufort conducted a duly advertised public hearing on the draft amendment to the CAMA Land Use Plan at the Regular Meeting of the Board of Commissioners on December 14, 2020; and WHEREAS, at the Work Session Meeting on December 21, 2020 the Board of Commissioners of The Town of Beaufort, North Carolina found the draft amendment to be consistent with the Town of Beaufort's desired vision for the future and approved to adopt the draft amendment; 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 Director; and WHEREAS, a review of the adopted draft amendment by the Director of the NC Division of Coastal Management will be undertaken; and the Director will then certify the Town's land use plan amendment; NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of Beaufort, North Carolina, that the Future Land Use Map in the CAMA Land Use Plan be amended as follows: 1205 Lennoxville Road identified as Mixed Use on the CAMA Core Land Use Plan Future Land Use Map BE IT FURTHER RESOLVED that the Board of Commissioners of Beaufort, North Carolina, has adopted the draft amendment; and BE IT FURTHER RESOLVED that the Town Planner of the Town of Beaufort is hereby authorized to submit the adopted CAMA Land Use Plan draft amendment to the State for certification as described above. Adopted this 2 1 " day of December, 2020. Allen Coleman, Town Clerk �J Everette (Rett) Newton, Mayor RECEIVED MAR 0 S 2021 DCM-MHD CITY Figure 8: Future Land Use Legend ------ Proposed Roads* — Beaufort Historic District Beaufort City Limits ® Beaufort ETJ Future Land Use Conservation & Open Space Public & Institutional Low Density Residential Medium Density Residential High Density Residential Mixed Use I General Commercial Downtown Commercial Light Industrial RECEIVED MAR 0 8 2021 DCITY / ___-- /1 �J I N0 H HAI - ` ---0 �Y DR DR M PAR RD B \ 2 N y U W W / y O � I � I W \ \ 1 0.5 0 1 Miles *Proposed road alignments are conceptual only