HomeMy WebLinkAboutAmendment #7RZONY COOPER.
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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 / ___--
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1 0.5 0 1 Miles
*Proposed road alignments are conceptual only