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 ,, •'
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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,.,:
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