North Topsail Beach - April 2007 Planning Board Minutes

Town of North Topsail Beach
Planning Board Minutes
April 12, 2007 at 6:30 pm

PRESENT:
MIKE YAWN- CHAIRMAN, SUE TUMAN, DON MARTIN, GARY ROWLAND, PAUL DORAZIO, GERALD RIGGLEMAN, DEB HILL- ZONING ADMINISTRATOR, TERRIE WOODLE- PERMIT TECH/ RECORDING SECRETARY

NOT PRESENT: GUNNAR MATTHEWS

I. CALL TO ORDER:

Mr. Yawn called the meeting to order at 6:35 p.m. in the North Topsail Beach meeting room. Mr. Yawn stated that we need to have Approval of Agenda added to the Agenda. He stated that we need to have a Public Hearing on each Rezoning and then have the decision. He stated that he would like to add Topics to the Agenda so the Planning Board could discuss what they are going to do in May.

Mr. Riggleman made a motion to approve the agenda as amended. Mr. Martin seconded the motion, motion passed unanimously.

APPROVAL OF THE MINUTES:

Mr. Riggleman made a motion to approve the minutes. Mr. Martin seconded the motion, motion passed unanimously.

II. NEW BUSINESS:

A. REZONING CASE #R-07-01: Tax Parcel ID 763-1.4, Owned by TP INC. located off the north east side of Island Dr (SR210) at the end of 23^rd Avenue in Stump Sound Township. R-20 to CON-D. NOTE: with approximately +/- 1 buildable acre remaining R-20 and remaining +/-13 acres to convert back to previous zoning of CON-D

Mr. Yawn stated that this piece of property was voted on and approved by a previous Board of Aldermen and it is felt by our current Board of Aldermen that the wording of the motion was vague and ended up rezoning the entire property from CON-D to R20 when all they wanted was a small part of it buildable and the rest of it CON-D.

Mr. Martin made a motioned to open the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. Mr. Peters asked where the property was located. Mr. Yawn stated that it was the piece of property on 23^rd Avenue where they just built the bridge.

Mr. Martin made a motion to close the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Discussion: Mr. Yawn stated that the only thing he wanted to question on this was that the way the plat is shown it shows two lots, he stated that he didn’t think they have sub- divided it yet. Mr. Dorazio stated that he understands that the owner is just building one house.

Mr. Riggleman made a motion to recommend to the Board of Aldermen that they rezone this property as CON-D with an Island of R-20 (as shown in the diagram in our board package) but as one parcel. Mr. Martin seconded the motion, motion passed unanimously.

B. REZONING CASE #R-07-02: Tax Parcel ID 768-9.2, approximately 89.64 acres. Owned by Otha E. Herring. R-20 to CON-D. Note: Back portion of parcel located on the northeast side of Island Dr. (SR 210) in Stump Sound Township portion fronting on Island Dr. to remain R-20.

Mr. Martin made a motion to open the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. Mr. Peters asked where the property was located. Mr. Yawn stated that it is the property located a quarter of a mile south of the Town Hall on Hwy 210. He stated that this piece of property is very deep, the front was rezoned R-20 and again as part of a vague motion, the entire parcel ended up being rezoned R-20 and we would like to correct that and make the back of the property CON-D

Mr. Martin made a motion to close the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mr. Riggleman made a motion to recommend to the Board of Aldermen to rezone this property as R-20 in the front and CON-D in the back of the property. Mr. Martin seconded the motion, motion passed unanimously.

C. REZONING CASE #R-07-03: Tax Parcel ID 774-22, 323 Goldsboro Lane in North Topsail Beach, Stump Sound Township. Owned by Herring Sisters LLC. R-10 to R-5.

Mr. Martin made a motion to open the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. No one from the Public came forward.

Mr. Martin made a motion to close the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Discussion: Mr. Yawn stated that he doesn’t know how large these lots are, they might be substandard lots. If they were substandard at the time the Town was incorporated, the right process for these property owners to follow would be to come to the Board of Adjustment and get a Variance. Ms. Hill stated that these lots are R-10 and the Town is asking for them to become R-5, the reason is because these lots are smaller and this way they will become conforming. Ms. Hill stated that there are five conditions that should be met in Section 7-93 in our Ordinance.

Mrs. Tuman made a motion to recommend denial of the rezoning request based on not meeting the conditions in Section 7-93 to the Board of Aldermen. Mr. Riggleman seconded the motion, motion passed unanimously.

D. Rezoning Case # R-07-04: Tax Parcel ID 774-42, 327 Goldsboro Lane in North Topsail Beach, Stump Sound Township. Owned by Herring Sisters LLC. R-10 to R-5.

Mrs. Tuman made a motion to open the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. No one from the Public came forward.

Mr. Martin made a motion to close the Public Hearing. Mrs. Tuman seconded the motion, motion passed unanimously.

Mr. Dorazio made a motion to recommend denial of the rezoning request based on not meeting the conditions in Section 7-93 to the Board of Aldermen. Mr. Riggleman seconded the motion, motion passed unanimously.

E. Rezoning Case # R-07-05: Tax parcel ID 774-43, 331 Goldsboro Lane in North Topsail Beach, Stump Sound Township. Owned by Mack H & Emily W. Privott. R-10 to R-5.

Mr. Martin made a motion to open the Public Hearing. Mrs. Tuman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. No one from the public came forward.

Mr. Martin made a motion to close the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mrs. Tuman made a motion to recommend denial of the rezoning request based on not meeting the conditions in Section 7-93 to the Board of Aldermen. Mr. Martin seconded the motion, motion passed unanimously.

F. Rezoning Case # R-07-06: Tax Parcel ID 774-23, 335 Goldsboro Lane in North Topsail Beach, Stump Sound Township. Owned by Otha E Herring. R-10 to R-5.

Mr. Martin made a motion to open the Public Hearing. Mrs. Tuman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. No one from the Public came forward.

Mrs. Tuman made a motion to close the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mrs. Dorazio made a motion to recommend denial of the rezoning request based on not meeting the conditions in Section 7-93 to the Board of Aldermen. Mrs. Tuman seconded the motion, motion passed unanimously.

G. Rezoning Case # R-07-07: Tax Parcel ID 774-41, 339 Goldsboro Lane in North Topsail Beach, Stump Sound Township. Owned by James N & Geraldine Daniels. R-10 to R-5.

Mr. Dorazio made a motion to open the Public Hearing. Mrs. Tuman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone from the Public would like to speak. No one from the Public came forward.

Mr. Dorazio made a motion to close the Public Hearing. Mrs. Tuman seconded the motion, motion passed unanimously.

G. Rezoning Case # R-07-08: Tax Parcel ID 774-40, 345 Goldsboro Lane in

North Topsail Beach, Stump Sound Township. Owned by Fannie B. Stewart & John K. Stewart. R-10 to R-5.

Mr. Martin made a motion to open the Public Hearing. Mr. Riggleman seconded the motion, motion passed unanimously.

Mr. Yawn asked if anyone in the Public would like to speak. No one from the Public came forward.

III. Topics

Mr. Yawn suggested that the Planning Board needs to talk about what we are going to do at next months Planning Board Meeting. He stated that in the workshop they had this afternoon that Mr. Smith pointed out that in our Zoning Ordinance we do allow manufactured homes not just in MHR but also in R-5, R-10 and in R-8. Ms. Hill stated that they are not allowed in accordance with the Flood Ordinance. Mr. Dorazio stated they are if they are on pilings. Mr. Yawn suggested that we leave this up to Mrs. Booker that is handling the Zoning Ordinance.

Mr. Yawn suggested that Pools should not be allowed in the CAMA setback. He stated that part of the discussion we had with Mrs. Booker at our workshop was to go ahead and put that in the pool rules in the Town’s Ordinance.

Mr. Yawn suggested that another topic that might go to Mrs. Booker is if someone builds a house they can utilize the land within the CAMA setback and even on the other side of the dune all the way to the mean high water line in calculating their impervious percentage. He suggested that if it is in a PUD their net acreage should be calculated excluding all the wetlands and CON-D. Ms. Hill stated that would be consistent when Division of Coastal Management calculates the 25% impervious surface on the estuarine side.

Mr. Yawn stated that he still has an action item to ask the Board of Aldermen if they want the Planning Board to do any rezoning on properties 5 & 11 in the North Topsail Beach Zoning Map analyses of parcels and changes from 1982-2005.

Ms. Hill stated that the Planning Board may have some subdivision plats come before them at next month’s meeting. She stated that she has had a number of plats that she didn’t consider them as qualifying as exceptions. She stated that if she can not sign off on them as an exception she is going to refer them to the Planning Board complete with a staff report.

IV. PUBLIC FORUM:

Mr. Yawn asked if anyone from the Public would like to comment. No one from the public came forward.

V. ADJOURNMENT:

Mr. Martin made a motion to adjourn. Mr. Riggleman seconded the motion, motion passed unanimously.

The Planning Board Meeting adjourned at 7:40 p.m. April 12^th, 2007. Minutes prepared and submitted by Terrie Woodle Permit Tech/ Recording Secretary.