Town
of North Topsail Beach
Planning Board Minutes
February 8, 2007 at 6:30pm
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PRESENT:
MIKE YAWN- CHAIRMAN, SUE TUMAN, DON
MARTIN, GERALD RIGGLEMAN, GUNNAR MATTHEWS, GARY ROWLAND, PAUL
DORAZIO, THOMAS BEST- FIRE CHIEF, RANDALL MOUDY- BUILDING INSPECTOR,
DEBORAH HILL- ZONING ADMINISTRATOR, TERRIE WOODLE- PERMIT TECH/
RECORDING SECRETARY
I. CALL TO ORDER:
Mr. Yawn called the meeting to order at 6:30 p.m. in the North Topsail Beach meeting room. Mr. Yawn stated that since the Planning Board is one member short Alternate member Mr. Rowland will be voting tonight.
APPROVAL OF THE MINUTES:
Mr. Dorazio made a motion to approve the minutes as corrected. Mr. Martin seconded the motion, motion passed unanimously.
Mr. Smith suggested moving C. Zoning Ordinance: Ginger Booker to the top of the Agenda since Mrs. Booker came from Greensboro. Planning Board members agreed.
APPROVAL OF AGENDA:
Mr. Yawn suggested that there should be an approval of the agenda on the agenda. Mr. Yawn stated that in Chapter 7 Planning & Zoning, Officers of the Planning Board are elected for one year term and needs to be added to this agenda under other business (and call it Officers.)
Mr. Riggleman motioned to approve the agenda as amended. Mr. Matthews seconded the motion, motion passed unanimously.
II. DISCUSSION:
A. ZONING ORDINANCE: GINGER BOOKER
Mr. Smith introduced Mrs. Booker to the Planning Board he stated that Mrs. Booker is the Assistant Executive Director for the Piedmont Triad Council of Government. Mrs. Booker stated that her assignment was to help revise the Zoning Ordinance in a way that is user friendly, practical to use in your community and meet all of the new State statutory standards and helps clear up any prevailing issues. Mrs. Booker stated that it is very important for her to get the Planning Board and the Board of Aldermen to talk about what some of these issues are.
Mrs. Booker stated that the contract the Town hired her to help with has her coming here four times, if there is work to do between those times we can talk on the phone and e-mail.
Mrs. Booker stated that there will be several times to have a work session separate from the Planning Board meeting just devoted to these issues.
Mr. Tuman asked if there is a model Zoning Ordinance for the State we can use and customize. Mrs. Booker stated that there is not a model but there is a sequential order of subjects that many medium size Towns use.
Mr. Riggleman asked what the time frame is for us to get the information to Mrs. Booker. Mrs. Booker stated that in the next two weeks would be very helpful. Mr. Smith stated that we need everyone’s input and when we get closer to finalizing it we will have a joint meeting with the Board of Adjustment and the Board of Aldermen.
Mr. Yawn stated that we will get input from the Planning Board, Board of Aldermen & Board of Adjustment and then the next two weeks, consolidate all that information give it to Mrs. Booker and have a meeting on the 8th of March at 5 p.m. and move the Planning Board Meeting to 7 p.m.
B. POLICY & PROCEDURES: PRIVATE BRIDGES
Mr. Best- Fire Chief for North Topsail Beach read the Policy & Procedures on Private Bridges that he wrote. Mr. Best stated that private bridges 500 feet or less shall be 14 feet in width and a minimum of 25 tons (signs shall be placed for the weight constructed at each end of bridge). Mr. Best stated the 23rd Avenue Bridge has been completed and signs posted. Mr. Best continued with bridges longer than 500 feet shall be 20 feet in width and shall be constructed to DOT Standards. Mr. Best stated that on the inspections of the bridges that neither he nor Mr. Moudy is a bridge inspector. He stated that if these bridges were to go into place the developer that puts the bridge in and the HOA would be charged with an annual inspection of the bridge done by an engineer at their cost. He also stated that if we have a hurricane or storm event that affects North Topsail Beach, within 30 days they will be given notice to get an inspection done on the bridge and there will be a fine if they don’t get an inspection.
Mr. Moudy stated that he has talked to DOT and if they review the plans of a bridge they will control every aspect of it.
Mr. Yawn asked if we need to have a height limit on a private bridge less than 500 feet. Mr. Best stated that maybe 6 ft. above mean high tide. Mr. Dorazio stated that he was involved in construction of a bridge in Surf City and they told him it had to be 3 feet higher than the marsh grass.
Mr. Yawn stated that we are talking about a procedure for Town staff to live by so that years from now staff will follow the same procedure. Part of the discussion we have talked about was there is enough State Insurance Regulations and State Fire Regulations that we didn’t think we needed to have a specific North Topsail Beach Ordinance on this but if we want to have an Ordinance we can and we could say you have to build to DOT standard meaning DOT construction standards and DOT inspection standards.
Mr. Yawn stated that in the Policy & Procedures of Private Bridges it mentions fines; if we just use the Policy and Procedure and not have an Ordinance he is not sure we can set a fine. Ms. Hill stated that a fine has to be by Ordinance.
Mrs. Tuman asked when they get an inspection on the bridge would North Topsail Beach get a copy of the inspection report. Mr. Moudy stated that yes the inspections dept. would get a copy of the report.
After much discussion on the Policy & Procedures of Private Bridges the Planning Board has a draft policy that should be clarified.
Mr. Dorazio suggested that we should see if another barrier island has something in place on private bridges and we can modify what they have.
Mr. Yawn suggested having some information on bridges for the next Planning Board meeting in March.
Mr. Dorazio suggested putting Policy & Procedures of Private Bridges first on the Agenda for the Planning Board Meeting in March.
C. ZONING MAP
The Planning Board will make a recommendation to the Board of Aldermen to adopt the updated Zoning Map at their March 1st meeting and the Planning Board will begin the process of the rezoning of the known lots in question.
Mr. Dorazio made a motion to recommend the Board of Aldermen to adopt the updated Zoning Map at the Board of Aldermen’s next meeting March 1st. Mr. Riggleman seconded the motion, motion passed unanimously.
III. OTHER BUSINESS:
A. STAFF REPORTS
1. Development request by Charlie Gregory
Ms. Hill stated that she included a letter to Mr. Gregory in the Planning Board Package; she stated that it may not have to go through the Planning Board and the Board of Aldermen for review based on the Ordinance in accordance with Sec. 7-72. Zoning permits. Once Mr. Gregory provides plans for Ms. Hill that she will be able to read then she will be able to make a determination for him.
2. Sec. 7-271. “Subdivision” defined
Ms. Hill read Section 7-271 “Subdivision” defined, on D it states (The division of a tract in single ownership whose entire area is no greater than two acres into not more than three lots, where no street right-of way dedication is involved and where the resultant lots are equal to or exceed the standards of the municipality as shown in this ordinance). Ms. Hill stated where it states no street right-of way dedications is involved that means that it complies in accordance with Section 7-114 Street access where no building shall be erected on a lot which does not abut a street or have access to a street. She also stated that it does not mean you can create an easement; every platted survey that has come across my desk has caused problems. For example she has a CAMA application for a swimming pool in a subdivision and the lot width is less than minimum standards in accordance with the Ordinance and was recorded after 1990, the swimming pool would therefore be an intensification of a non conforming use of a non conforming lot she will require them to file for a Variance.
After much discussion and several examples Ms. Hill brought to the attention to the Planning Board, Mr. Yawn asked if the Planning Board needed to take any action. Ms. Hill stated no action is required this was just for the Planning Board’s information and it is something that has been done improperly for so long, she just wanted them to be aware of the issues.
IV. OFFICERS
Mr. Yawn stated he is willing to be the Chairman for two more years because of the changes in the Zoning Map and the Ordinances. Mr. Dorazio stated that he is willing to extend his term also.
Mr. Martin made a motion to accept the extension of term of two years for Mr. Yawn as the Chairman and Mr. Dorazio as the Vice Chairman. Mrs. Tuman seconded the motion, motion passed unanimously.
V. PUBLIC FORUM
Mr. Campbell stated that he doesn’t physically live here but as a business owner, lot owner, and Condominium owner why would he not be able to participate in the Planning Board. Mr. Yawn stated that in our Ordinance it says citizens and residence in the Town. Mr. Yawn also stated that we the Planning Board could make a recommendation to the Board of Aldermen to change the Ordinance. Ms. Woodle stated that you may have to be a registered voter. Mr. Yawn stated that it doesn’t say that in the Ordinance but on the application it does.
VI. ADJOURNMENT
Mr. Martin made a motion to adjourn. Mr. Dorazio seconded the motion, motion passed unanimously.
The Planning Board Meeting adjourned at 8:50 p.m. February 8th, 2007. Minutes prepared and submitted by Terrie Woodle Permit Tech/ Recording Secretary.