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HomeMy WebLinkAboutNewport Amendment #1 CERT 3JUN2022ROY COOPER Governor ELIZABETH S. BISER Secretary BRA TON DAVIS Director Mr. Dennis Barber, Mayor Town of Newport 200 Howard Blvd. Newport, NC 28570 NORTH CAROLINA Environmental meal Qua ity May 23, 2022 CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: marOmayorbarber(;townofnevvort.com Mr. Bryan Chadwick, Town Manager CERTIFIED MAIL RETURN RECEIPT Town of Newport REQUESTED and electronically: 200 Howard Blvd. many er(a-�townofnew ort.com Newport, NC 28.570 Re: Amendment to the Town of Newport Core CAMA Land Use Plan Dear Mayor Barber and Mr. Chadwick: Please find enclosed the written Final Agency Decision granting the Town of Newport's request for the first amendment to its Core LAMA Land Use Plan. Let me know if you have any q . questions. Very truly yours, Briton 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 Laura Oxley, Planner Cindy Anderson, Municipal Planner NOPT-H CAROLANA Q;W Depadment of EfIVROMMS)ttai Quality North. Carolina Department of Environmental Quality l Division of Coastal Management Morehead City Office 1 400 Commerce Avenue l Morehead City, North. Carolina 2851E 252.515, 400 i a STATE OF NO RTH ,CAROLINA COASTAL RESOURCES COMMISSION COUNTY OF-CARTERET DIVISION OF COASTAL MANAGEMENT IN THE MATTER OF THE REQUEST ) FOR CERTIFICATION OF THE FIRST ) AMENDMENT TO THE TOWN OF ) FINAL AGENCY DECISION NEWPORT CORE CAMA LAND USE ) PLAN ) FACTS l . The Town of Newport hereinafter the "Town") is located in Carteret County. The Town is bounded by Carteret County to the nor th, south and west; and the Town of Morehead City to the east. 2. The Town's Core Land Use Plan (hereinafter the "Plan") was certified by the Coastal Resources Commission (CRC) on November 17, 2006. 3. The Town is requesting certification of the first amendment to their Plan. The Town seekingcertification of amendments to Section VI, Subsection D. Future Land Use to be is future land use acreages, classifications, and map, consistent amended as follows: revisions to the fiu with the revised development codes, as a result of increased infrastructure capacity. 4. The Town's Council held a duly advertised public hearing to consider the proposed amendment to the plan and voted b resolution to approve the amendment on April 14, 2022. The am p y provide written comments on the plan up to thirty (30) calendar days public had the opportunity to pr after local adoption. No comments were received. CONCLUSIONS OF LAW 1. The Town 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's plan with either state or federal law or the State's Coastal Management Program.. 3. The elected body of the Town made a final decision on the contents of 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 .0801 and .0802, and Plan was submitted to the NC Division of Coastal Management Commission without written objection or comment from the public. DECISION For the reasons stated herein, the Town's request for certification of the first amendment to its Plan is GRANTED. This the �� day of ,3-t&f4 2022. 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 to the Town and the North Carolina Coastal Resources Commission by the means specified below: r Mr. Dennis Barber, Mayor Town of Newport 200 Howard Blvd. Newport, NC 28570 Mr. Bryan Chadwick, Town Manager Town of Newport 200 Howard Blvd. Newport, NC 28570 Laura Oxley, Planner Town of Newport Cindy M. Anderson, Municipal Planner Insight Planning + Development M. Renee Cahoon, Chair Coastal Resources Commission Mary L. Lucasse, Commission Counsel Coastal Resources Commission Method of Service CERTIFIED MAIL RETURN RECEIPT REQUESTED and electronically: mayorbarber(a')townofnewport.com CERTIFIED MAIL RETURN RECEIPT REQUESTED and- electronically: man.ager(citownofnewport. cons Electronically: loxleytownofnewport.com Electronically: candersonLa insight-pd.com Electronically: L&ncdenr.gov Electronically: ml-u.casseAncdoj . gov Rachel Love-Adrick, District Planner Electronically: rachel.love-adrick� Lncdenr. ov i ision of Coastal Management y � - Dement v g This is the day of 2022. Angela Iins , Assistant to the Director 91 TOWN OF NEWPORT Dennis Barber, Mayor �`.�r1,u r4sillolfif Bryan R. Chadwick, MPA David Heath, Mayor Pro Tern,��� Town Manage Council Members �'` Kelley A. Caldwell Mark Eadie t 3 ww66 Town Clerk Danny Fornes° Rhonda Shinny Taylor & Taylor, PA Jeanne Benedict:1'1 O tt _. RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF NEWPORT, NORTH CAROLINA, AUTHORIZING AN AMENDMENT TO THE TOWN OF NEWPORT CORE CAMA LAND USE PLAN WHEREAS, the Town of Newport desired to amend its CAMA Land Use Plan, specifically the text/map related to future land use, and WHEREAS, the CAMA Land use Plan currently states that some areas of the town's planning jurisdiction are deemed unsuitable for development because of a lack of sewer service, and WHEREAS, the Town of Newport desires to amend the CAMA Land Use Plan to show that construction of a new sewage treatment plant results in these areas previously deemed feast suitable for development may now be provided central sewer service and considered viable for development, and WHEREAS, on March 21, 2022, the Planning Board recommended approval of the draft amendment to the CAMA Land Use Plan, and WHEREAS, the Town of Newport conducted a duly advertised public hearing on the draft amendment to the CAMA Land Use Plan at the Regular Meeting of the Town Council on April 14, 2022, and WHEREAS, at the Regular Meeting on April 14, 2022, the Town Council of the Town of Newport, North Carolina found the draft amendment to be consistent with the Town's desired vision for the future and approved to adopt the draft amendment, and WHEREAS, the locally adopted 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 locally adopted amendment by the Coastal Resources Commission will be scheduled and the CRC will then decide on certification of the amendment, NOW, THEREFORE, BE IT RESOLVED by the Town Council of the Town of Newport, North Carolina, that Section VI. Plan for the Future, Subsection D. Future Land Use in the CAMA Land Use Plan be amended as follows: revisions to the future land use acreages and map consistent with the revised development codes as a result of increased infrastructure capacity. BE IT FURTHER RESOLVED that the Town Council of the Town of Newport, North Carolina, has adopted the draft amendment; and BE IT FURTHER RESOLVED that the Town Manager of the Town of Newport is hereby authorized to submit the adopted CAMA Land Use Plan amendment to the State for certification as described above. 'w Ado P Y ted this % da of �__ .,�1-. , 2022. ' .,_r SEAL INCORPORATED Dennis Barber, Mayor INCORP= � -► 1866 ,� Ile _ -: EE I }.,._ Kelley A. Caldw .11, Town Clerk ,, •' 11►telil+�� APR 25 2022 DCM-MHD CITY AFFIDAVIT OF PUBLICATION CARTERET COUNTY, NORTH CAROLINA Town of Newport P. O, BOX 1869 NEWPORT N. C. 28570 Before the undersigned, a notary public of said County and State, duly 'cornrWssioned, qualified, and authorized by law to administer oaths, personally appeared: _Mona McFerran first duly sworn, deposes and says that he (she) is: (Owner, partner, publisher or other officer or employee authorized to make this affidavit) Clerk 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 Carteret County, North � `arolina; 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 the following publication and dates: Carteret County News -Times: 3/13/2022 and that said newspaper in which such notice, paper, document, or legal advertisement was published was, at the time of each and every such publication, a new 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 meaning of section 1-597 of the General Statutes of North Carolina. Date: 3/ 14/2022 (S' ature a person affidavit) Sworn and subscribed to before me on: 3/14/2022 IV�yiltilPl¢T���� :'\ 1 j' ♦� 4•� +*.atrti:�aa.' Amp Notary Public tt t3•TA My commission expires: V � PUg0O :' (J , Au uSt 24 2024 ro � '• �'••Pust 24,�q•', •��aV.r.ra,• Name Town of Newport ,ea. '�.,,� �Y' o�,•� Order Number 2877 '114011„„� Iktvo`, Order Date 3/4/2022 Number Issues 1 First Issue 3/13/2022 Last Issue 3/13/2022 Order Price $69.16 Publications Carteret County News -Times NOTICE OF PUBLIC NEARING Amendment of the Town of Newport LAMA Land Use Plan Notice Is hereby given that the Town of Newport will conduct a public hearing on April 14, 2022, at 6:00 PM to review an amendment to the Town of Newport Core LAMA Land Use Plan. The meeting will be held in the Council Chambers located at 200 Howard Boulevard, Newport, NC. All Interested citizens are encouraged to attend. Following the public hearing, the Town of Newport 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 Qlstrict Planner, Rachel Love-Adrick, 400 Commerce Avenue, Morehead City, NO 28557 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. Copies of the Land Use Plan amendment are available for review by the public at the Newport Town Hall, 200 Howard Boulevard, Newport, NC, and at the County Clerk's office, 210 Turner St:, Beaufort, NC during normal office hours. The public Is encouraged to review the Land Use Plan amendment and to attend the public hearing. For additional Information, please contact the Newport Planning Department at (252) 223-3733, M13 APR 25 2022 Appendix VII Amendment #1 to the Town of Newport, North Carolina Core CAMA Land Use Plan Amendment Justification Following certification of the current Core CAMA Lund Use Plan by the North Carolina Coastal Resources Commission in 2006, the Town of Newport sewage treatment system was placed under a SOC (Standing Order of Consent). Subsequently, the town secured approval for construction of a new sewage treatment plant which began operation in the spring of 2015. The new treatment plant has a capacity of 1.2 million gallons per day. The 2015 average daily discharge is 400,000 - 500,000 gallons per day. The new sewage treatment plant surplus capacity allows the Town of Newport to extend central sewer service throughout its planning jurisdiction. As a result, some areas of the town's planning jurisdiction which were previously deemed least suitable for development because of a lack of sewer service may now be provided central sewer service and considered for viable development proposals. The town's zoning and development code and map have undergone substantial revisions. These revisions necessitate amendment to both the text describing the future land use categories and the future land use map. The town's population has increased from 3,346 in 2000 to 4,359 in 2013, an increase of 30.3%. By comparison, Carteret County experienced a 13.2% population increase and North Carolina had a 19.9% increase. In view of Newport's limited area, 3,141 acres classified for development, and its significant population growth, the town needs greater flexibility in the development of its residential areas. Such flexibility will allow for innovative design of residential areas and better preservation of natural resources. The PUD classification will serve to allow a range of residential density which will replace the moderate to high residential density allowed in the high density residential land use category and the R-8 zoning district (which has been eliminated). Because of these changing conditions, the following revisions are considered essential to the proper management of the town's future growth. These revised sections replace the sections of the plan as noted on each revision. R E C E.�t: 1 Recommended Revisions SECTION VI. PLAN FOR THE FUTURE D. FUTURE LAND USE 2. Future Land Use Acreages Table 47 summarizes the future land use acreages. This table reflects future decreases in some future land use categories as a result of reflecting data shown on Maps 12 and 23. Based on these maps, some areas are committed to the conservation categories on the future land use map. The future land use plan map depicts areas for development which are consistent with the land suitability map (Map 23, page 88). Commercial Conservation Industrial Low -Density Residential Medium -Density Residential Mixed Use O&I Right-of-Way/Surface Water TOTAL Table 47 Town of Newport Future Land Use Acreages Corporate Limits ETJ Total Acres % Acres % Acres % 406.76 8.6% 478.57 3.5% 885.33 4.8% 1,292.00 27.2% 7,020.37 50.6% 8,312.37 44.6% 45.09 0.9% 161.91 1.2% 207.00 1.1 % 1,350.59 28.4% 5,067.23 36.5% 63-417.82 34.4% 13107.18 23.3% 356.69 2.6% 1,463.87 7.9% 176.23 3.7% 199.74 1.4% 375.97 2.0% 70.93 1.5% 90.92 0.7% 161.85 0.9% 308.47 6.5% 498.00 3.6% 806.47 4.3% 4,757.25 100.0% 13,873.43 100.0% 18300.68 100.0% *The acreages in this table assume total build -out of the attached future land use map. Source: Holland Consulting Planners, Inc. All future land use acreages are based on suitability of land for development and not forecast market demand for future acreages. The land uses in each of these areas have been coordinated with the town's zoning ordinance and are classified as follows: High -Density Residential A-8 Residential Single -Family District. SECTION DELETED. Mixed Use Residential (with supporting services) PUD Planned Unit Development. Within districts now existing or which may hereafter be created, it is intended to permit and encourage, on application and approval of detailed development plans, establishment of new Planned Unit Developments for specified purposes where tracts of land suitable in location area and chara F C y 2 MAR 1. 4 'l?" C - ITT: are to be planned and developed as a whole and in a unified manner. Ownership in PD-R projects in all residential districts may be by condominiums, cooperative, individual, municipal, or other types as approved. PUDs may include but are not limited to industrial, commercial, and/or residential and/or a combination of uses. Maximum housing density is fourteen dwelling units per acre. • Allowable densiiy: An average single-family residential lot size of 10,000 square feet (14 units per acre) will be utilized in this district depending on a respective developer's proposed site plan. • Maximum building height: As with other residential districts within town, the maximum residential building height will be 35 feet for the primary structure. The maximum highway commercial and industrial building height is 70 feet and the downtown commercial building height is 50 feet. • Minimumproject size: 5 contiguous acres. • Maximum land coverage: 40% of gross project area. • Preferred uses: This district is intended to serve a variety of uses. It is anticipated that these large tracts of land will be developed as high density residential housing developments. Provision of sewer service by the town to any proposed development on these properties will be based on available capacity. In addition to housing, this district will also accommodate convenience retail outlets, community facilities, care facilities, and office and professional uses. Development of these tracts will be based on approval of a master plan to be approved by the Town of Newport Town Council. • Discouraged uses: Any industrial or other non-residential use that is considered a threat, through the generation of noise and air pollution, to adjacent residential development that is anticipated within this land use district. Office and Institutional RO Residential -Office District. The purpose of this district shall be to create and protect areas in which residential, business, and professional uses may be and are compatibly mixed, achieving a healthful living environment for the residents of the district and at the same time preventing the development of blight and slum conditions. This district is limited to those sections of the community in which the mixing of such uses has been found to be necessary and desirable for the buffering of residential from commercial and industrial uses. All lots shall contain a minimum of 10,000 square feet for the first dwelling and 5,000 square feet for each additional dwelling unit. • Allowable density: Minimum lot density for the initial unit within this district will be 10,000 square feet (7 units per acre); for each additional unit, the minimum lot size must be increased by 5,000 square feet accordingly. • Maximum building height.• No building in this district is permitted to exceed 35 feet. • Preferred uses: This district is intended to provide a buffer between established residential districts and commercial and industrial centers. Desirable land uses in this district include low impact/traffic generating uses as follows: office space, medical/veterinary offices, home occupations, boarding houses, churches, civic buildings, parks, municipal structures. Single- family homes and two-family dwellings (duplexes) will also be allowed within this district. • Discouraged uses: Primarily commercial and industrial development will be discouraged within this district. As stated, the primary intent of this district is to minimize traffic generation and noise associated with land uses generating either large volumes of consumer traffic and/or industrial traffic related to the shipping or delivery of goods and materials. yw: MAR. -1 4 2Q2 -UC ®MHO F,RY rnncPrvatinn The Conservation class is designated to provide for effective long-term management of significant limited or irreplaceable areas which include the following categories: natural resource fragile areas, 404 wetlands, 100-year floodplain areas, and public trust waters. Policy statements in this plan address the town's intentions under this classification and support the 15A NCAC 7H CAMA regulations for protection of AFC's. • Allowable densio: The minimum lot size for development within the conservation zone is 20,000 square feet (2 units per acre). • Maximum building height: Maximum building height for this district is 35 feet for the primary structure and 25 feet for accessory structures. • Preferred uses: This district was established in response to environmentally sensitive and natural hazard areas identified through the land suitability analysis and environmental composite discussion earlier in this plan. Due to these factors, land use within this district should consist of low density residential housing. All development should be contingent on whether all environmental impacts have been assessed, and potential effects of natural hazards taken into account. Additionally, all development within this district will be required to establish on -site wastewater treatment facilities. Infrastructure, including water lines, sewer lines, streets and power distribution facilities, may be constructed in the Conservation category when federal, state, and local required mitigative actions are accomplished (refer to policy P.31). • Discouraged uses: All non-residential uses will be discouraged in this district. Proposals for non- residential development will be assessed on a case -by -case basis by determining development impact on environmental conditions for property located within this district. RECEIVFr,.,: MAC 1 �1r 3p 0 A�,' TA r f� ) �� Qyy �� �v a.� % � R��� FYt y �� � li �i � � � A '�