Vrf  NORTH TOPSAIL BEACH FOUNDED INI 1990 PEA-KiyulB-g NORTH CAROLINA  Town of North Topsail Beach Planning Board Regular Meeting Thursday, May 02, 2024, at 6:00 PM (910) 328-1349 V www.northtopsalleachnc.gov  Town Hall 2008 Loggerhead Court, North Topsail Beach, NC 28460  PRESENT: Hanna McCloud - Chair, Scott Morse, Lisa Brown, Terri Ward, Stu Harness (Alternate)  ABSENT: Susan Meyer- - Vice Chair, Fred Fontana (Alternate) Chair McCloud called the meeting to order at 6:00 p.m.  CALL TO ORDER I. ADOPTION OF AGENDA  Mr. Morse made a motion to adopt the agenda. Mr. Harness seconded the motion. The  motion passed unanimously, 5-0. III. APPROVAL OF MINUTES IV. PUBLIC COMMENT  Ms. Brown made a motion to approve the April 4, 2024 minutes. Mr. Morse seconded the Phyllis Umbarger of 126 Sea Gull Lane addressed the Planning Board regarding a request to change the common area around her home to private ownership. She explained her concerns such as who pays for the taxes on the common area, and who controls the common areas int front of and behind the house. Ms. Umbarger was unaware of the situation until she received a deed revision. She requested clarification as to what she could do to rezone sO that the property would Elmon Curtis Anders of 136 Sea Gull Lane spoke from his seat echoing Ms. Umbarger's concerns: the payment of taxes on the common area, and the longevity associated with selling the property. Hel had been under the impression the lot was his. He asked for clarification on whether his house  motion. The motion passed unanimously, 5-0.  belong to her.  was a duplex or a townhouse. There was discussion.  Planning Director Hill asked for the opportunity to prepare information to report back to the Planning Board at the next public meeting. She explained this was the development of eight- thousand square foot lots that was reviewed by the Planning Board and approved by the Board of Aldermen for the re-zoning from business B-1 to residential R-8, to facilitate duplexes, despite the highest zoning density of R-10 pert the CAMA (Coastal Area Management Act) Land Use Plan. Ms. Hill explained that it did not make sense to rezone an eight thousand square foot lot to R-10 since ito did not meet the minimum dimensional requirement of ten thousand square feet. She explained there is a difference in definition between duplexes and townhouses. Duplexes are considered one structure with two units, sO for an eight thousand square foot lot that is zoned residential R-8, you shall not further subdivide that lot because the resulting lots would not meet the minimum dimensional requirements. Planning Director Hill continued, saying she believed most of the surrounding communities recognized and defined duplexes int the same way in their zoning ordinances as having two units, possibly owned by different entities, and the surrounding land is    owned by both as tenants in common. Planning Director Hill stated that should have been addressed and made clear tot the buyers by the people involved in the sale transaction oft the property: the closing attorney, the seller oft the property, and the buyer's agent. Ms. Hill recommended that because the concerns were legal in nature, the property owners discuss this matter with their closing attorneys. If they are not satisfied with the closing attorney's guidance,  perhaps a different land use attorney would be better.  Chair McCloud suggested that the meeting was not the place for this matter.  Planning Director Hill repeated that she did not think re-zoning the property would be a remedy, based upon the definition of a duplex in both the ordinances of Town of North Topsail Beach and in the Building Code. She stated that re-zoning was not the answer. The speakers were more than welcome and allowed to apply for a re-zoning, a redevelopment, or whatever it is they would like to do. The matter would then be brought before the Planning Board to make a recommendation to the Board of Aldermen. Planning Director Hill stated that she was reluctant to support anything not consistent with the CAMA Land Use Plan, the Zoning Ordinance, and sound and consistent planning principles. She further explained there have been recent complaints regarding the impacts ofi increasing zoning density and increasing development pressuring the infrastructure of Planning Director Hill explained that when the development application was made for this area by the property owner the acreage was reviewed by a technical review committee, presented to the Planning Board, and then presented to the Board of Aldermen. The resulting lots and duplexes were the highest density allowable, with two units on one lot. The building permit was issued as a Planning Director Hill asked Ms. Umbarger if she received a plat of survey and a deed at the Ms. Umbarger confirmed, and that the area is called a "common area." She explained that she consulted with an attorney, who did not provide guidance on the ownership oft the property. She did not give the attorney's name. The attorney instructed Ms. Umbarger to speak with Planning Director Hill. She further explained that she wants what is hers to exert control over the land. Had  the Town, for example the lack of water pressure.  duplex. She explained that townhouses were three units or more. Ms. Umbarger asked who owns the property in front of and behind the house.  closing, and who was the attorney.  she known about the ownership, she would not have bought the property.  There was no further public comment.  V. DISCUSSION  Planning Director Hill introduced the APA Video Training: Staff Reports and explained the sample staff report handout. The Planning Board watched the video and discussed staff reports. Planning Director Hill noted that the next training session would focus on the comprehensive plan. For North  Topsail Beach that is the enforceable CAMA Land Use Plan.  VI. ADJOURNMENT unanimously, 5-0.  Ms. Brown made a motion to adjourn. Mr. Harness seconded the motion. The motion passed  The Planning Board meeting adjourned at 7:00 p.m.  Approved this 6th day of. June 2024.  Certified this 6th day of. June 2024. Y  uoer Chair  Kate Winzler, Clerkt to the Planning Board