CHARLES F, RIGGS & ASSOCIATES, INC. Land Surveyors Charles F, Riggs, PLS. L-2981 Corporate License (C-730) 502 New Bridge Street 502 New Bridge Strect Jacksonville, North Carolina 28540 P.O, Box 1570 (910) 455.0877 Jacksonville, North Carolina 28541 charlesriggs@riggslandne.com (910) 455.0877 December 21, 2022 To: Mr. Stephanie Moore Town Planner ‘Town of Topsail Beach 820 South Anderson Boulevard Topsail Beach, North Carolina 28445 Re: Olson Family Property 149.861 Acre Tract off Ocean Boulevard Topsail Township, Pender County, Onslow Carolina CFRA Project: 21-08-31 Ms. Moore: James A. Lewis, PLS. L-4562 Landfall Executive Suites 1213 Culbreth Drive Wilmington, North Carolina 28405 (910) 681-7448 Jameslewis@rigesiandnc.com Enclosed please find the conditional rezone application and application fee of $875.00 for the property as described. Respectfully, (pe Ia? umes L. RiggsPETITION FOR REZONING APPLICATION Date: December 21, 2022 Pee: $875.00 [As the Petitioner(s), MWe __Charles F. Riggs & Associates, Inc request that the Town of Topsail Beach Pianning Board recommend to the Town of Topsail Beach Board of ‘Commissioners to change the Official Zoning Map of the Town of Topsail Beacb as defined in the Unified Development Ordinance (UDO) as follows: a Property Owner _ McLeod Family, LLC Py Deed Recorded in: Book # 3558 Page #317 rene Coane ry Deed provided and attached. Along with a digital copy of the eplications and exhibits submitted. Location of Property Parcel Identification Number _4201-59-8862-0000 Street Address: __ Ocean Boulevard CS Located between Godwin Avenue and RRP streets onthe South side of the street Property Size 16.905 Acres s Acreage (f)_736,415 _ Steg Frontage(A)__ 389.67. Depth (ny) 3524 Present Zoning District Conon = » certify that the flowing are owner(s) of the property subject to rezoning request as listed in the Pender County Registry. NAME ADDRESS 1, Tedd Olson (Contract to Purchase) 218 East Park Drive, Raleigh, NC 27605 McLeod Family, LLC (Owners) 6513 Wakefalls Drive, Wake Forest, NC 27587I furthermore certify that the following persons are owners of properties adjoining this property. A copy of an applicable map must be attached which labels each of the adjacent property owners with the corresponding numbers listed below and/or Parcel Identification Numbers. NAME ADDRESS 1, Cindy W. Dail, Trustee 843 N. C. Highway 24 Bast, Kenansville, NC 28349 2, William J, Vaughan 1007 New Dover Road, Apex, NC 27502 3, Francis Scott Thomas 6016 Jester Lane, Charfotte, NC, 28211 4, Serenity Point Condominium Association _P. 0. Box 3297, Topsail Beach, NC 28445 5, See Attachment pmacmstecitucaany, <0 Gs ~ Owner's Statements and Signatures< [Required if Applicant is not property owner]: In filing eaten’ for rezoning I/We, as the an property owner(s), hereby certify that ail of the information pressited in this application is accurate to the best of my knowledge and belief. | hereby authorize the applicant to submit an application affecting the use of property. xm A Date: Signature of Owner(s): KR sy [Required if owner wished to establish andgent attorney, real estate, etc) /We hereby designate Charles F. Riggs. Pl to act on my behalf regarding this application, to receive and Fespond to administrative commenistu resubmit plans on my behalf, and to speak for me in any public meeting regarding this application, si par of wna) o ba ———— Applicant Signature: Address: $02 New le Phone: Gib - 456-0677 foDDocuSign Envelope ID: AAZCAES7-1753-4525.A732.00097A27FEFA CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors ‘Charles F. Riggs, PLS. L-2981 Corporate License (C-130) James A. Lewis, PALS. L-4562 502 New Bridge Stset 502 New Bridge Stret Landfall Executive Suites Jacksonville, North Carolina 28540 P.O. Box [570 1213 Culboth Deve (010) 455.0877 Jacksonville, North Carolina 28541 Wilmington, North Carolina 28405 chaclesriggs@iggslandne.com (910) 455.0877 (910) 681-7444 E-MAIL: riggsland@riggstandne com Jameslowis@rigeslandne.com ‘To whom it may concern: Property Legal Description: Parcel IDs: 4201-59-8862-0000_ Street Address:__End of Ocean Boulevard. Subdivision: __N/A _ County: Pender Please Print: Property Owner (Title, if applicable): (Contract to Purchase) Todd A. Olson The undersigned, prospective buyer of the above noted property, do hereby authorize Charles F. Rigus an: Associates, Ine. and the employees thereof, to act on my behalf as my agent and take all actions necessary for submittal, processing, presentation to both Topsail Beach Planning Board & Topsail Beach Commissioners in regards to the conditional rezoning request on the above referenced property. ‘Address: 218 East Park Drive. Raleigh. NC_27605 Telephone Number: Facsimile Number: __N/A Email Address: __toddaolson@zmail.com Authorized Signature: (e— Date,_/24/202? Filename: 21-08-31 Authoration Form Page |CHARLES F. RIGGS & ASSOCIATES, INC Land Surveyors Charles F. Riggs PLS. 1-298 Compote License (C-130) Jamey A. Lewis, PAS. 14562 S02 New Bride Stee 502 New Bride Stact Landfall Executive Suites Jacksonville. Non Carolina 28540 P.O. Box 1570 1213 Culbrath Drive B10) 485.477 Jacksonvii; North Carolina 24541 Wilmington, North Carolina 2840S alesnggstinagstandre som 1910) 455-0877 (910) 681 E-MAIL: nggsandrgystandncom Jameslewising To whom it may concem: Property Legal Description Parcel IDs:___4201-9-886-0000 _ Street Address:__End of Ocean Boulevard Subdivision: N/A, — cu — County Pender a oo at Please Print Property Owner (Title, if applicable): MeLeod Family. LLC ‘The undersigned, registered property owners of the above noted property, do hereby authorize Charles F. Rives and Associates, Inc. and the employees therwof, to act on my behalf as my agent and take all actions necessary for submittal, processing, presentation to both Topsail Beach Planning Board & Topsail Beach Commissioners in regards to the conditional rezoning request on the above referenced property Address: 6513 Wokefalls Drive, Wake Forest, NC_275 _ a Telephone Number: __ ce Facsimile Number: A __ = —_ Email Address: __franklandmarksothebysrealty.com _ rutortatsimioe, (WS Las) Farly Cea. Filename Page |CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, PLS. L-2981 Corporate License (C-730) James A. Lewis, PLS, L-4562 502 Now Bridge Street 502 Now Bridge Street Landfall Executive Suites Jacksonville, North Carolina 28540 P.O. Box 1570 1213 Culbreth Drive (910) 455-0877 Jacksonville, North Carolina 28541 Wilmington, North Carolina 28408 charlesrigas@rigaslandne.com (910) 455-0877 (10) 681-7444 www.riggslandne.com jameslewis@rigesiandne.com December 21, 2022 Mr. Olson is presently under contract to purchase the 149.861 Acres of property owned by McLeod Family, LLC, Deed Book 3558, Page 317, having Pender County Tax Map Number 4201-59-8862-0000 and located at the southern terminus of Topsail Island. The McLeod Family retained private access to the property from the terminus of Ocean Boulevard as described in Deed Book 621, Page 186 and the terminus of both public streets Inlet Drive and Shore Line Drive. - The property is presently zoned C-4 (Conservation) with minimum lot width of 50 feet, a minimum lot area of 3 acres, minimum front setback of 20 feet, minimum side setback of 5 feet and minimum rear setback of 20 feet. ‘The present uses allowed with the Conservation zone are beach and pedestrian water access walkways. ‘The current land use plan classifies this area as “Conservation with Limited Residential”. ‘The property does lie within the Inlet Hazard Area: The Flood Zones forthe property are “VE” with base flood elevation of 13° to 17". The property does rest within the CBRA zone and is not eligible for Federal Flood Insurance as of October 1, 1983. Y os This request is to conditionally rezone 16.905 acres of 149.861 acres of Conservation (C-4) to PRD-2. This 16.905-acre parcel does lie relatively within the center of the entire tract. This rezone request does not include any land within the Public Trust area adjacent to the Atlantic Ocean or Banks Channel. ~—, Proposed Uses: Six Family Homes Swimming Pool with Cabana Maintenance Building/Garage Beach Shelter Gazebo and Uncovered Deck Elevated Wood Walkway with Beach Access Proposed septic systems to accommodate the dwellings. All proposed structures are illustrated and dimensioned on the master site plan. Proposed 30” ingress, egress, regress, drainage, and utility easement to cross the property commencing atthe Ocean Boulevard road right-of-way easement titled in the name of Town of Topsail Beach and traverse across the property to the 16.905-acre development parcel and continue to Banks Channel Proposed access driveway to be 20° wide pervious gravel built to handle Fire Apparatus to lie within Easement. Access driveway to be gated at the entrance of the property Proposed Town of Topsail Beach waterline and proposed Jones Onslow Electric Membership Corporation electric lines to lie within Easement, both lines to be underground. Proposed low impact lighting to be along the Easement. Proposed elevated walkway and elevated pier to dockage of 9 boat lifts. Design, construction and permitting subject to the North Carolina Division of Coastal Management A\ll uses illustrated on the Master Site Plan. Existing Setbacks for Conservation (C-4): Front = 20° Proposed Setbacks for PRD ~ 2: Front Side ‘Ocean Front Rear = 50° oO All setbacks are listed on the Master Site Plan. The Master Site Plan illustrates all proposed uses with dimensions indicating the location of the proposed improvements. Wetlands have been delineated and the proposed rezone and proposed improvements do not rest within or impact these wetlands, ‘The residential and nonresidential uses have been listed within this narrative and on the master site plan including the number of units, maximum height, and general location. This is a low density, low impact development with only six family dwellings, therefore traffic calculations have not been considered. Fencing will be installed surrounding the improvements as shown on the Master Site Plan. Landscaping is proposed along the south, north and east zone line. ‘ The intent is phasing the development over several years with a portion of the development to be constructed bythe future generation of the Olson Family. ‘No proposed signage for the property with the exception of street address on Ocean Boulevard and possibly a small sign adjacent to the proposed gate naming their property as most beach homes do on Topsail Island. Current zoning of the property is Conservation (C-4) and the current land use plan classifies this property as “Conservation with Limited Residential”. This rezone is considered a low density, low impact development based on numerous factors. The impervious surface of the proposed development is approximately one acre or 6.1% of the 16.905 Acre Tract or 0.6% of the 149.861 Acre tract. The proposed access driveways will be pervious. No wetlands are to be impacted. The remaining 132.955 acres will remain conservation. The Public Trust areas adjacent to the Atlantic Ocean and Banks Channel will not altered. The proposed elevated walkway to Banks Channel will not obstruct access along the Banks Channel beach and the boat dockage should not obstruct boating access to the Banks Channel beach. ‘ Conditions of the rezone: , 1) 132.955 Acres to remain Conservation 2) 16.905 Acres lying within the relative center of the property to be rezoned to PRD-2 with conditions listed 4) Easement through the 132.955 Acres would be allowed for access and utilities 5) Six family dwellings to be allowed, including garage/maintenance building 6) Accessory structures to be allowed: swimming pool and cabana, beach shelter, gazebo, open deck, beach access walkway, boat dockage, fencing 7) All proposed dwellings and accessory structures to be accessed by pervious drives and/or walkways 8) Development to be served by Jones/Onslow Electric Membership and/or Solar power, Town of Topsail Beach water or well and private septic systems 9) Development to be phased and properly permitted by local, state, and federal agencies. 10) Master Site Plan illustrates all proposed improvements and their location.1:8,274 Pender County 0 005 on 02m Pee, 0 ot” a2 0 km PIN: 4201-59-8862-0000 ‘Owner, MCLEOD FAMILY LLC ET AL 6513 WAKEFALLS DR WAKE FOREST, NC 27587 Deed Ref: 358/317 Property Address: Description: AREA BEYOND THE DUNE LINE 1 inch = 689 feet 12/29/2008 Subdivision: SERENITY POINT G01 C54 R40 LAST_SALE_DATE NOPLAT 917081 : TOPSAIL Acres: 110.35 Land Value: $2,964,335, ing Value: $0 Total value: $2,964,335, Deferred Value: 59 Exempt Amount: 9 PCL Class: R Heated Sq Feet:FILED BK3558P6317 1008DEC 29 AM 9+ 02 AYE TRACHEY PRE var REGISTER OF DEEDS PERDER COUNTY HC. Xe = - [FIN *Aaol- 54 Piea-oe8> ° NORTH CAROLINA SPECIAL WARRANTY DEED bs x i Parcel iierNo, 7 Gai18.0970 Varied by PendarComiy onthe ayo 2008 z ETA “is nsronet was pope by CH 8 FATMANL L120. Bon0515 Rasch NO27622.015 ito te tnt EEN DO BOROPSIS AEDNG 2762 08 Sth eit desertion forthe, ‘THs DEED made HAP ay of December, 2008 by and betes ‘GRANTOR “GRANTEE B. FRANKLIN McLEOD It wife, ELAINE P. MeLEOD 6513 Wakefalls Drive 66513 Wakefalls Drive ‘Wake Forest, NC 27587 ‘Wake Forest, NC 27587 ‘McLEOD FAMILY, LLC Emer inappropriate block for ech party name, aes, and, if appropri, character of ety, ©. corporation oper. “The designation Grantor and Grants as used hein hl plu sald partes, thee hs, svecestrs, and assign and shal cle ‘Singular, plural, mascling, eine or neater as required by coment WETNESSETH thatthe Grantor, fra valuable consleraton sid the Grants he ect of wich sherey acknomlegd as and ‘yes presntsdoes rant, bang sell ndconvey nigh Grae ftp, a ne sith andivided ltrs cei oor pace of and {osated on Topi san, inthe Town of Tops Beach, inthe Township of Tope, County of Pender, Sate of North Carolin, ant being described fll seer nstaat rents in Rees eons gp taMASIOVIGIIB Begining apoio at he norte creo Lot 11 of Blak shown ona map ented “Sih Su Divsonaf Tap Bes corn Map Bok 5, Paget PederCait Resi a po abo bingn he igh tr fas Case ‘unig therein a sour destin wih igh water af Be Canoel Ne Teal estar nese thigh watermark ofr Tops nt othe Ata Ocen nn tee artery whe i water ofc lic Ocen tea po lated al einen of high ater mark ote Aenea ihe ahem coef i ps oad conveyed by Grr ad ts ina ded ded Aug 3,183 nd een Dd Boa 2, ap 165, Pee ay Rey ‘alg ene wi he eh stem aces ft rope eee inte dracon Book D1 Pape, Pee Gout Rey tei ote! nthe ute ne et Die sno irmap ended a Map Book es Pees omy Reg id ont be lected South 6 deers mines 0 ends Eat set 603 et erm nerve 12 Black 288 hon on si May rang hens Nord 25 dees mate 30 ponds West es let vocals ‘events of Lt 12 and 13 in Bk 3m sho ons Mapand ass Sore Lie Diver wie ween fe La Blk shown ond Map oi high water of Bsns ino nd plo hes begiig ‘This Deed sal also convey to Grantee, Grants rights and eet Inthe perp easement as esrb in the deo revorded in Book 621, Page 185, Pender County Reps ‘he propery hereinabove described was aquired by Gratorby instrument recorded in Book 1420, Page 250, Pec County Regi. TOHAVE AND TOHOLD the aforesnidinterestin the tor parcel of and andl prvlga nd appurtenances thereto belonging to the Grants in sip. ‘And th Grantor covenants wth he Grate, that Grantor has dove nothing to ipa such ile as Grantor recived, aed Grantor will \worat and defend the ie again the lawl lis of al perecs calming by, under or though Grant, ater han he Eos exceptions: Lin ead valorem a for 2008, lio, McLeod joins his conveyance fr the purpose of conveying her pou! net nd doesnot on in ey othe warns IN WITNESS WHEREOF, the Grantor hs duly executed vee BC FRANKLIN MECEODIN eeu BLAINE P. MeLEOD ‘Sits of Ranh Carta = Coty of Wake 5, the undersigned Notary Public of te County nd Stat aforesaid ceri thatthe following person personaly ppetrel before this ‘ay and acknowledged ath voluntarily signed the foregoing instrument forth prposcs tated therein and inthe capacity ides BL FRANKLIN M&LEOD I ‘Winess my hand ad Wotralstamp or sel hit 2A. day of December, 2008 My Commission Expires: 4W/1¢/10. e ‘Rotary Pubic gst, ian We DU oe vone__Gail Dunn a ‘oped or pnd) 00s142DOCINC Ba Aen Fon 6 97.202 ny Apweno whe Nbc Aenwevevurbaly Sate ofNrth Castina- County of Wake ‘nthe undersigned Notary Pubic ofthe County and State aforesaid, certify the flowing person personally oppearedkefereme tis dy and ackoowedgedtht se volun signedthe foregoing nsrument othe parpses sated hesin ad inte expat indeed, SLANE. MeLEOD ‘Witmess my hand and Notarial stamp of seal this 22 day of December, 2008. ee a Sanen, Taare = Name: ut pn ‘oper srt ad i ces daly reyored at i ew Unc ands Book nd Page shown one nmi aie of Det a Peder Coy SE beput/Assiset- Regier of Deeds {orstesz 0c) tt saci ome 6©197, 2082 Piney Ae ce BN nian 11. That the Code of Ordinances, Town of Topsail Beach, North Carolina, is hereby amended by adding a subsection to the end of Section 16-58, to be numbered 16-58(g), which such subsection reads as follows: (8) Conditional rezoning, (2) Unless otherwise indicated in this subsection (g), all applications to establish a conditional zoning district shall adhere to the regulations and procedures prescribed in this subsection (g) in addition to the procedures for zoning map amendments set, forth in Section 16-60(a} through (d) of this chapter. (2) Contents of application. At a minimum, the following shall be required for a conditional zoning district to be considered: a. Allist of all uses proposed for the district, which shall be of equal descriptiveness and in the same format and description as listed in Table 16.4.2: Table of Uses found in Section 16-86 of this chapter. b. Alist of all setbacks and dimensional standards for every proposed use, ‘which shall be of equal descriptiveness and in the same format and description as listed in Table 16.4.3: Dimensional Requirements found in Section 16-90 of this chapter. .Alist of any additional proposed conditions and requirements on development and use of the tract. 4d. Amaster development plan drawn to a suitable scale, with supporting information and text which specifies the location of the use or uses intended for the property and any development or dimensional standards to be approved as part of the establishment of the conditional rezoning district. The master development plan shall include: i. Delineation of all Areas of Environmental Concern, including federal jurisdictional wetlands; li, For residential uses, the maximum number of units, maximum heights, and a generalized location; ii, For nonresidential uses, the maximum height, approximate footprint, and approximate location of all structures; iv. Traffic calculations, parking and circulation plans illustrating dimensions, intersections, and typical cross sections; v. All proposed setbacks, buffers, screening, and landscaping; Phasing information; Proposed signage; Current zoning district designation and current land use status. (3) Public input Meeting Required. a. Prior to the planning board meeting on the conditional rezoning application, tthe applicant must conduct one (1) public input meeting and file a report of the results with the zoning administrator. b. The staff report for the planning board meeting will include a summary of the public input meeting,‘The applicant shall mail a notice for the public input meeting to the owners of all properties located within 500 feet of the perimeter of the project bounds not less than 30 days prior to the scheduled meeting. The notice shall include the time, date, and location of the meeting as well asa description of the proposal ‘The applicant's report of the meeting shall include: i. A copy of the letter announcing the meeting ii. A list of adjoining property owners contacted ill, Anattendance roster iv. Asummary of the issues discussed v._ The results of the meeting including changes to the project's proposal, if any. (4) Review approval criteria for conditional rezoning. When evaluating an application {for the establishment of a conditional zoning district, the planning board and board of commissioners shall consider the following The criteria set forth in Sections 16-60(b) through (c) for zoning map amendments as applicable to the specific body considering the amendment. That the maximum height limit for the conditional zoning district will not exceed thirty-eight (38) feet, plus a freeboard limit of three (3) feet, where applicable, as measured by the vertical distance from the mean adjacent elevation at the building site to the highest peak of the roof. That the application meets the intent of a conditional rezoning, per Section 16-83(i) ‘That the contents of the application are complete, sufficient, and recorded appropriately either as conditions of approval or on the associated master development plan, and that the appropriate procedures have been followed. ‘The potential impacts and/or benefits on the surrounding area and adjoining properties. That sufficient guarantee is in place or can be made that any off-site impacts generated by the proposed project shall be mitigated appropriately at the time the need for the mitigating action is generated. (5) Conditions to approval of petition. In approving a petition for the reclassification of property to a conditional zoning district, the zoning administrator or planning board may recommend, and the board of commissioners may request that the applicant add reasonable and appropriate conditions to the approval of the application. If ‘the applicant and the board of commissioners both do not explicitly accept ‘these conditions, then the board of commissioners may (1) approve the conditional rezoning application without the conditions not expressly agreed to by both parties, or (2) deny the application. All conditions placed on the property must be consented to by the applicant in writing.Conditions and site-specific standards imposed in a conditional zoning district shall be limited to those that address the conformance of the development and use of the site to local government ordinances, any applicable land use or comprehensive plans, or the impacts reasonably expected to be generated by the development or use of the site. Unless consented to in writing by the applicant, neither the planning board nor the board of commissioners may require, enforce, or incorporate into the zoning regulations any condition or requirement not authorized by otherwise applicable law, including, without limitation, taxes, impact fees, building design elements within the scope of G.S. 1600-7021), driveway- related improvements in excess of those allowed in G.S. 136-18(29) and GS. 1604-307, or otherwise unauthorized limitations on the development or use of land. !Ffor any reason any condition for approval is found to be illegal or invalid by a court of law following approval, the conditional rezoning shall be considered null and void. The applicable property owner may then petition to rezone the property to a different conditional use district or other base district in accordance with this chapter. If the owner of the property does not petition to rezone the property, the zoning administrator shall institute proceedings to rezone the property to another appropriate base district zoning classification. The zoning administrator will use appropriate judgment when recommending which properties be reassigned to which base districts. if a rezoning is instituted by the zoning administrator in accordance with this subsection, the subsequent rezoning decision may result in the creation of nonconformities, which shall be the responsibilty of ‘the property owner to rectify at such time and in such manner as set forth in Section 16-97 of this chapter. (6) Effect of approval Once a conditional rezoning is approved, the development and use of the property shall be governed by the established standards for the district, the approved master development plan for the district, and any additional approved conditions, all of which shall constitute the zoning regulations for the approved district and are binding on the property as an amendment to this ordinance and to the zoning maps. Following the approval of the petition for @ conditional zoning district, the subject property shall be identified on the zoning maps by the district designation “C2” and a unique, consecutive numerical identifier (for example, the fifteenth conditional zoning district established in the town would be labeled "CZ-15"), The unique numerical identifier will reference the approved ordinance and master development plan that established the zoning district. Since each CZ district represents a newly created zoning district, the approved master development plan, district standards, and conditions shall be maintained in Appendix B to this Ordinance.d. The approved master development plan may substitute for an approved plot plan, major site plan, minor subdivision plat, or major sub preliminary plat if itis specifically reviewed and approved as such during the application process for the CZ district. fe. The approved master development plan qualifies asa site-specific vesting plan establishing a vested right if requested by the applicant and processed pursuant to the provisions set forth in Section 16-61. Notwithstanding the above, an approved master development plan may also qualify as a multi- phased development for the purposes of establishing a vested right in accordance with G.S. 1600-108. No permit shall be issued for any development activity within a conditional Zoning district except in accordance with the approved petition and master development plan for the district. Any violation of the approved master development plan or conditions for the district shall be treated the same as any other violation of this chapter and shall be subject to the same remedies and penalties as any such Violation. (7) Subsequent changes to conditional zoning district. a. Major changes. Major changes to an approved master development plan may be authorized only by the board of commissioners after review and recommendation by the planning board in the same manner as that of a zoning map amendment. Major changes include, but are not limited to: i. Change in use. li. Any increase or decrease in development density; such as, increase/dectease in density of units, whether residential, office, commercial or industrial; an increase/decrease in number of off- street parking or loading spaces; or, an increase/decrease in impervious surface area, il, An increase in overall ground coverage by structures. iv. A change in any site dimension by more than ten percent. v. Areduction in approved open space or screening. Vi. A change in access and internal circulation design. b. Minor changes, which are not deemed as major changes, may be authorized by the zoning administrator if no required engineering or other physical changes are foreseen at the time of approval. 2. That Section 16-62 of the Code of Ordinances, Town of Tops hereby amended to read as follows: Beach, North Carolina, is Sec. 16-62. ~ Review procedures summary. Table 16.3.1: Review Procedures SummaryComplete application FD Zoning. permit FO Building permit D CAMA minor permit FD [a] Certificate of occupancy *D Plot plan i ‘Major site plan -D Special use permit FO Variance FD-O) ‘Appeal FD-O Revocation of approval FD (2) FD (2) Exempt plat FD. Minor subdivision FD Major subdivision sketch plan Major subdivision preliminary plat FD ‘Major subdivision final plat FD Text amendment FD-PH Zoning map amendment FD-PH Conditional rezoning. FD-PH ‘Statutory zoning FD-PHvested rights T1] CAMA general and major permits are decided by the state division of coastal management and coastal resources commission. [2] The zoning administrator is responsible for revocation of zoning related approvals and the building inspector is responsible for revocation of building code related approvals 3. That Section 16-63 of the Code of Ordinances, Town of Topsail Beach, North Carolina, is hereby amended to read as follows: Sec. 16-63. ~Public notification requirements. Table 16.3.2: Public Notification Summary Special use Board of XQ [2] xO) permit commissioners Variance Board of XO xO adjustment ‘Appeal Board of XO xO adjustment Textamendment | Planning board Board of XP BY ‘commissioners Zoning map Planning board XPH 2] X-PH amendment Board of PAB) XPH [2] PH commissioners Conditional Planning board XPH LI PH rezoning Board of PHB] XH [2] PH commissioners ‘Statutory zoning | Board of XPH TI xO vested rights __| commissioners [1] Mailed notice provided to affected owners and landowners abutting the subject lot between ten and 25 days before the hearing. [2] Posted notice provided on site or adjacent street between ten and 25 days before the hearing. [3] Published notice provided once a week for two successive calendar weeks, with the first notice between ten and 25 days before the hearing. 4. That Section 16-82 of the Code of Ordinances, Town of Topsail Beach, North Carolina, is, hereby amended to read as follows: Sec. 16-82. ~ Zoning districts established.In order to implement the intent of this article, there are hereby created zoning districts with the following designations and general purposes: Table 16. Zoning Districts Ra Residential district - Ocean front R2 Residential district - Sound front RS: Residential district - Canal lots Rea Residential district = Interior lots PROT Planned residential development district multifamily PRO Planned residential development single-family and two-Fa B4 General business district B2 Restricted business district cl Conservation district - Ocean front side C2, ‘Conservation district = Sound side ca ‘Conservation district Inlet area ‘MFOD Maritime forest overlay district Zz Conditional zoning districts 5. That the Code of Ordinances, Town of Topsail Beach, North Carolina, is hereby amended by adding a subsection to the end of Section 16-83, to be numbered 16-83{i), which such. subsection reads as follows: (i) CZconditional zoning district. Standards of a conditional zoning district (CZ) are specific to the conditions of the site and are set by a conditional rezoning application. This process and ‘associated criteria are explained in Section 16-58(g). A conditional zoning district is intended for a development that has a high level of certainty of being constructed. The most ‘commonly expected application will contain a specified use or uses, permitted by right or special use, accompanied by a plan showing proof of concept, and typically includes the spatial relation of uses and site elements. The standards and conditions associated with 2 conditional zoning district are set at the time of approval. 6. That the Code of Ordinances, Town of Topsail Beach, North Carolina, is hereby amended by adding an Appendix, to be labeled Appendix B, which such Appendix reads as follows: ‘Appendix B- CONDITIONAL ZONING DISTRICTS. In accordance with Section 16-58(g) Conditional Rezoning, the following conditional districts are ‘established and applied to each subject property as set forth on the official zoning map. New conditional Zoning districts shall be numbered sequentially (e.g. CZ-1, Conditional Zoning District 1; CZ-2 Conditional Zoning District 2).Town of Topsail Beach Land Development Code requirements of any other lawfully adopted rules, regulations or ordinances, the ‘more restrictive or higher standard shall govern. 4. Restrictive covenants and deed restrictions. Unless restrictions established by covenants and deed restrictions running with the land are prohibited by the provisions of this article, nothing herein contained shall be construed to render such covenants or restrictions inoperative. 16.4.6 TABLE OF PERMITTED AND CONDITIONAL USES A. USE TABLE The following uses are listed as permitted by right (P), conditional (C), or permitted by right with an additional use standard (PS), or conditional with an additional use standard (CS) in each zoning district where allowed. The Use Table (16.4.2) is separated by Accessory Uses, Residential Uses, and Nonresidential Uses. 8. PROHIBITED USES 1. Ifacell in the table of uses is blank the use is prohibited in the corresponding zoning district 2. The following uses are prohibited throughout the town’s zoning jurisdiction in an effort to mitigate natural and manmade hazards, maintain desired environmental qualities, and enhance public health, safety, welfare, family atmosphere, and sea turtle protection as specified in the town's land use plai a) Agriculture and aquaculture b) Hazardous materials handling and storage ©) Shooting and archery range (whether indoors or outdoors) d) Junkyard and salvage yard ) Explosives and chemical manufacturing f) Leather and leather products manufacturing involving tanning. 8) Slaughter or rendering of animals, excluding seafood products h) Heavy industrial uses not otherwise classified Ey 9 Se ee eee eT) Sones Table 16.4.2 cee ee Sa a Seca acy) ‘ACCESSOTY Uses "ATM, Vending units, & attached accessory pie ‘ecessary dweling unt Ps |S T6aTA Aticle 4: Zoning Page 4a“Town of Topsail Beach Land Development Code rr eon) seers Ure Peete Cel Po Sea oe) [ACCESSOry USES and structures incidentaltoany | Ps | es | es | es | ps | es | ps | es 16478 permitted principal use ‘Beach access and pedestrian na pedestran | os | os | es | os | os | ns | es les | es | os | rs | te4a7c water access walkways iting piers and docks Ps | PS 5 pS 5 Tea7D Home dayeare Ps |S TATE Tome occupation eps ps [S| mS | PS | S| eS TeATF ‘Sutdoar dsplay PS |S Tea76 Ouidoor storage 5 | i6a7H | Pieteballortenniscours | pS) PS [PS] PS] P| PS [PS | PS TEATH Recreational Vehicle (RV) OF venom Tos Tas Tos | es | os | es | as | vs 16473 ezyeling center, municipal P Repair, renal and/or servicing of any product the ‘etal sale of which is vs | es 1647x permitted use in the same istrict Satelite dish antennas [PS [PS | PS] PS] PS] PS] S| PS WATT Selfsenice ee vending ane cs 1647M machines | Solareveraysystems | PS] PS | PS | PS | PS | PS [PS | PS SAT Slorage containers PSPS) PS Pes | PS] PS SL PS TAT wining pol BS) Se] |S |S] es Tea7P Temporary health care vectors ps [es | es | ps | es | ps 1647.0 Aeticle 4: Zoning Page 4.9Town of Topsail Beach Land Development Code Table 16.4.2: peers ‘Volleyball or basketball courts Poor = Permitted Paes a teareri Ce eae ditional Use; PS Use Sor) Residential Uses Dwelling sinle ariy Py? Dwelling, two-famiy/duploe PS [S| PS LPS | S| OS a TeaBA Dwelling, manufactured home (wind zone D rated) 16488 Dweling, multi-family cs 1548.¢ Family care home es fs |es|es | es | es 16480 ‘Nonresidental Uses ‘Alcoholic Beverages, packaged real sale “ule enterainment establishment cs 1649.8 ‘Ambulance seve “Arcade, Bowing alley, oF skating rink ‘esembiy hall ‘Assisi ving and nung homes Ps 16498 ‘Rutomoble sales and sevice os Tea5e Bank savings and Toan company and other fiancial Institutions Barbershop, Beauty shop, hairdresser, and similar Article 4: Zoning Page 4-10,‘Town of Topsail Beach Land Development Code pron rs REC ee : be peers Se ae ermitted or Standard Demers ory pesoalsewer salen Swcatodesdenion Vos os [os [os | oe | os [os | os | es [es | rs | asas0 refs, esau ls andsemce sara Ba s wle| [=| |e rematerials sales and PS 16.4.9.4 Cah o oF Tn eB a eit a cabrio pees Tea Co TT GT c Cae Tier 2 ens Camaro dO oa ing esa Tor a Fire station Th P Acticle 4: Zoning Page 4-11Town of Topsail Beach Land Development Code ores See Fishing plers and docks coe Prony Use Standard ‘Grounds and aati: for public recreation faci, such as community center buildings, parks, cle ple playgrounds, tennis cours and siilarfcites operated by the town Hotels nd motes STS wa9P | brary a Manufacturing. arson cs waa Marinas Cass Pabley STS S TEaSR Marinas Cass Patel eS rs we 5 Tea3s Warne animal rescue and rehabilitation center © winiatre eo P Tirobrewery and 7 rmicrodsilery ° we89. ‘ie, general rTP ice supplies a ‘ice supplies and > equipment sales Public tlny wos oF SropS > etalsler PP Salfsensice torage ly w Teas School, private orpubTe (eindergarten, elementary, of ple secondary) Sao Tor teaching musi dance, or dramaties rye Article 4: Zoning Page 4.12‘Town of Topsail Beach Land Development Code Cro rs Seen ete Te 2 Pon) rt Table 16.4.2: eet eons r Ca ase a ar) remount ° aT establishment cs | oN Riv ioTabaIN PETS TST ST SS STS raw are 5 aay Ter eam ‘ey orconpon - oe freestanding and substantial 6 " mance temestoatoner | ae | a5 Los fag | oe | lox |os vee conte nance = . sa 16.4.7 ACCESSORY USE STANDARDS ‘A. ACCESSORY DWELLING UNIT Where permitted, accessory dwelling units shall be allowed within a principal structure subject, to the following: 1. Only one (1) accessory dwelling unit is permitted per structure. ‘An accessory dwelling unit is a complete, independent living facility equipped with a kitchen and with provisions for sanitation and sleeping, 3. Adequate water and sewer or an approved septic system shall be available for all accessory dwelling units. 8. ACCESSORY USES AND STRUCTURES 1. Permitted accessory uses and structures are clearly incidental to, subordinate in purpose to, and serve the principal use subject to the following: Acticle 4: Zoning Page 413,‘Town of Topsail Beach Land Develooment Code Table 16.4.3 Eee cee! Eon cS eed Sn CO ey aa e peed Font Pea a Seed eee foe ee rr) Prd fe pd 5,000 square Re: Residential District—Ocean Front | SO f6e¢ feet 75 Feet 20feet Steet Wa ofiot depth 5,000 square up to 33 feet R-2: Residential District—Sound Front | S0fet feet 7Sfeet | ntenoriotsi5 | fet feet 5000 square feet 75 foe et R-3: Residential Dstriet—Canal Lots | 5° feet feet 20Feet Ste 5,000 square | RA: Residential Dstriet—Interior Lots | SO f##t fect 75fexs 15 eet Steer PRD-L Planned Residentis BoTeet | Sacre DO Feet isieet Breet Development District Multifamily 7R0-2: lane Reser 7 feet interior development Diavet Sngetrentiyang | S0feet | acres 2ofeet | lots:50'ocean | Steet Two-Family Oniy front 5000 square 8.3: General Business District So feet feet Ofeet 20feet Steet soteet | 0S | as feet 15 feet S feet 18-2: Restricted Business District “ feet we ss we Ci Conservation Ditvi—Ooean Front | SOfeet | Sacrer Tieet Oreet Beet ‘Side -2: Conservation District—Sound side | S0¥eet | Facres Ofeet Ofeet Steet C#:CanserationDstiet—Init area | SOfRet | 32ers 20feet 20 Fest Steet [I] Lots subjeet to CAMA setbacks may have more restive setback requirements Oceanfront, canal, and sound lots must comply with requted CAMA setbacks, E. SETBACK ENCROACHMENTS 1. Elevators, liftavators, and other mechanical devices for elevating people and cargo may encroach into any required setback not more than 30 inches. 2. Flagpoles, mailboxes, bicycle parking, lamp, and address posts are not subject to setback requirements, 3. Fences or walls, ornamental entry columns, and gates may extend into or be located in any required setback in accordance with Section 16.4.11.C. Article 4: Zoning Page 4.26220224:46 PM. ‘Topsail Beach, NC Code of Ordinances Sec, 16-86. - Table of permitted and special uses. (@) Use table. The following uses are listed as permitted by right (P), special (S), or permitted by right with an additional use standard (PS), or special with an additional use standard (SS) in each zoning district where allowed. The use table (16.4.2) is separated by accessory uses, residential uses, and nonresidential uses. (b) Prohibited uses. a @) Ifa cell in the table of uses is blank the use is prohibited in the corresponding zoning district. The following uses are prohibited throughout the town's zoning jurisdiction in an effort to mitigate natural and manmade hazards, maintain desired environmental qualities, and enhance public health, safety, welfare, family atmosphere, and sea turtle protection as specified in the town's land use plan: a. Agriculture and aquaculture. b, Hazardous materials handling and storage. ¢. Shooting and archery range (whether indoors or outdoors). d. Junkyard and salvage yard. e. Explosives and chemical manufacturing. f. Leather and leather products manufacturing involving tanning. g. Slaughter or rendering of animals, excluding seafood products. h. Heavy industrial uses not otherwise classified. |. Floating structures in public and private marinas, commercial docks, and residential docks or anchored adjacent to any property. Table 16.4.2: Districts Use Table of Uses _ P= Permitted by Right; S= Special Use; PS or SS=Permitted — Stan- or Special Use with a Use Standard dard - ee —— / a Uses R1)R2)R-3 R-4 PRD- | PRD- B- |B. C- C- (Cc Section aboutibiank CG 1/2041 2 |4 # | PPeP Pe Accessory Uses 1912720122, 4:46 PM ATMs, vending | units, and attached accessory structures Accessory dwelling Topsail Beach, NC Code of Ordinancos ECE courts unit | | 87(a) Accessoryuses | PS PS PS PS PS PS PS | PS 16 and structures | 2b) “incidental to any | | | | permitted principal | | | | use | | | | | | } }_t +—| a. - Beach accessand PS PS PS PS PS |PS PS PS PS PS PS 16-87(c) pedestrian water | | | access walkways | a th. —] Fishing piers and © PS_—~PS Ps PSPSPS 1 docks | | 87(¢) * } } ft} | | tt tt | | Home day care [PSPSPS | 16: | | | | ate) — 4 —_| Home occupation | PS PS | PS PS. (ps ps PS pS 16-8719) lao, | —| | | | | } T_T Outdoor * display | | PS | PS | | 16-87(g) | | | J _| | = Outdoor storage | | PS PS “16 } | | ah) _ |_| } {| | | |Pickleballortennis PS |PS PS PSP (PSPS PS (i) ‘about blank270/22 4:48 PM. Recreational vehicle (RV) or travel trailer Recycling center, municipal Repair, rental and/or servicing of any product the retail sale of which is permitted use in the same district Satellite dish antennas Topsail Beach, NC Code of Ordinancos PS PS PS PS PSPSPS PS PS PS PS PS PS PSPS. t 16-87(k) Ps Self-service ice vending machines | Solar energy systems | ‘Swimming pool | Temporary health | care structure Volleyball or basketball courts ‘about:blank Storage containers PS PS PS | PS PS PS PS | PS | PS PS PS220122 4:48 PM ‘Topsail Beach, NC Code of Ordinances | Residential Uses Dwelling singlee oP P oP oP Pp Pp oP _famiy | Dwelling, two- PS PS PS PS PS | family/duplex | Dwelling, | | manufactured | | home (wind zone D | | | | | | rated) | | | | | | | | | jo} of tf ff | Dwelling, multi- | ss | | family | | Family carehome PS | PS PS | PS | PS Nonresidential Uses = — || beverages, | | Alcoholic sale | Adult, ss kB packaged retail | | } | entertainment | | Ambulance service | establishment | | Arcade, bowling | alley, or skating | ei rink | | aboutiblank 49Yarz0r225 4:48 PM ‘Topsall Beach, NC Code of Ordinances Assembly hall PoP ht Assisted living and | PS 16- nursing homes | 89(b) | Automobile sales Ps. | 16:89(c) and service Bank, savings and Pp | loan company and | other financial | institutions | | Barbershop, I’ |p | | beauty shop, | hairdresser, and similar personal service establishments | | bs PS | Ps PS PS PS [*5 | ps PS PS PS 16- 89(d) Beach access and pedestrian water access walkways Boardinghouse, bed and breakfast, guesthouse | | | | 1 | Boats and | | PS PS 16: accessories, retail | | 89(e) [sales and service | | | Boat ramp (public Ps “Ps PS. PS) 16-8940) | ‘or commercial) about blanksarzorz2! 4:46 PM Boat rental PS PS | 16:89(g) facilities | Building materials | Ps 16 | sales and storage | 89th) "yards | Church | oP PoP | | dt |__| ~—| |_| Clinic, medical and PoP - dental | | L fof of of |__| | | Club or lodge Iss ss ss 16:89) - jo} of | yo on Commercial | | s | parking lot | | | | | Commercial fishing | | PS ps Ps 16-891) | | pier | | | — — T — | Convenient food ) | p |p | | | store | | | | | ] | il ] - “ Day care aces | | (PSPS) 6-801) | _ | | | | | | | | | “Eating | | PSPS) 16-891 establishment, | f |] major | | | | |_| | Eating | pip establishment, | | | minor — — Electronic gaming | | ss 16: | } | ft am) ‘about:blank120722, 4:46 PM ‘Topsail Beach, NC Code of Ordinances Farmers' market ss 16: oe L { _ | | Fire station : — Fishing piers and PS PS PS docks | 89(0) Grounds and s s s os P P | facilities for public recreation facility, | j such as community center buildings, | _ parks, | | | | | playgrounds, | | | “tennis courts and similar facilities | operated by the | | town | | 16: 89(p) 1 Hotels and motels | ss | SS | | Library | p |p | | Manufacturing, PS / artisan | | i Marinas-Class | ss | SS (Public) Marinas-Class II PS PS PS | PS | (Private) | aboutibiank12720722, 4:46 PM Marine animal “rescue and rehabilitation center Miniature golf Microbrewery and | microdistillery Office, general Office supplies and | equipment sales “Topsail Beach, NC Code of Ordinances Ss } - | Public utility works | or shops | Retail sales Self-service | storage facility ss | School, private or public (kindergarten, elementary, or | secondary) Studio for teaching | music, dance, or | dramatics | Tap room or wine12/20/22, 4:46 PM ‘Topsail Beach, NC Code of Ordinances Tattoo/body ss 16-89(v) piercing establishment | “Tennis cours P | | 7 | l Theater, indoor P Trades contractor Pop Utility stationsor SS SS |SS SS SS SS SS SS | 16. substations | Bw) Water tower | PS | 16-89(x) | Wireless | ss | chapter telecommunication | | | 16, facility or complex, | | article 6 “freestanding and | substantial | | | modifications | | | | Wireless PS PS PS PS PS = PS | PS | PS | Chapter telecommunication | | 16, facility, collocation | | | article 6 or collocated | small/micro- | | | | | wireless facility | | | | | Unlisted use, not | | ss 16:891y) elsewhere | | | | | classified | | | (Ord. No. 2019-001, 1-9-2019; Ord. No. 2021-001, § 2, 3-11-2021; Ord. No. 2021-04-12, 6-17-2021) about.blank v9CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F Riggs, PLS, L-2981 Corpo License (C730 James A Lewis, PLS. 4562 52 New Bridge Srest '302 New Bridge Stet Landfall Exestve Suites Jacksonville, North Carona 28540, PO Box 1570 1213 Cutbrth Drive (610) 45.087 Jacksonville, North Carlin 28541 Wilmington, North Carolina 28405 charlsiggs@riggslandne.com (910) 855-0877 (10) 681-7488 vworwrigslandnc.com jameslewis@rigglandn.com Notice of Public Input Meeting 10:00 A.M. ~ 12:00 P. M., Saturday, October 29, 2022 Topsail Beach Historic Assembly Building 720 Channel Boulevard Topsail Beach, North Carolina Mr. Todd Olson is considering requesting Conditional Rezoning of a 37-acre portion of the 150-acre tract presently owned by McLeod Family, LLC, Pender County Tax Number 4201-59-8862-0000 located at the southernmost point of Topsail Island. This Conditional Rezoning includes construction of pervious access roads with approximately eight single family dwellings built to both Town Code and FEMA regulations, various garages/maintenance buildings, swimming pools and associated decking, gazebos, beach pavilion, beach access walkway, sound side cottage and sound pier with nine boat lifts. Please submit any input or comments to Charles F. Riggs, P.L.S. L-2981 charlesriggs@riggslandne.comsnow RHO wee LI poor hy 2 Rc TWO: NON woannsvows att omnes 0 Tost ssusius eke noose 02 semiousia Sanwa Kev no-ts9m 09 e008owe nwsi0l ‘emotes " hee arc fipn SOR Soe vrata) wuss nsune Se wes GOW (0000-4ese-0¢-207e wormoanaen cer auwwnesns wrower Ss¥ee¥Es¥eeeeyyEyyeyY ron Fose-oc-or¥CHARLES F. RIGGS & ASSOCIATES, INC. Land Surveyors Charles F. Riggs, PLS, L-2981 Corporate License (C-730) 502 New Bridge Street '502 New Bridge Street Jacksonville, North Carolina 28540 P.O. Bax 1570 Jacksonville, North Carolina 28541 charlesriggs@riggslandne:com (910) 455-0877 ‘worw-rggslande-com Mr. and Mrs. Steven Bryson 3548 Willow Green Drive Apex, NC 27502 Mr. and Mrs. Jeff Collie 1011 North Eugene Street Greensboro, NC 27401 Mr. and Mrs, Daniel MeCoy 2206 Madison Avenue Greensboro, NC 27403 Mr. and Mrs. Gilbert Mott, Jr. 4807 Bancroft Drive Durham, NC 27705 Mr. and Mrs. Panagiotis Paschaloudis 3701 Camp Mangum Wynd Raleigh, NC 27612 Mr. and Mrs. John Sheehy, Jr. P.O. Box 216 Wilmot, NH 03287 Mr. Donald Ray Strader 3506 Flint Street, #116 Greensboro, NC 27405 James A. Lewis, PLS, L-#562 Landfall Executive Suites 1213 Culbreth Drive ‘Wilmington, North Carolina 28405 (910) 681-7444 jameslewis@rigslandne.com38 & ASBOCIATES, INC. ULE, NC 29541-1670 28 SEP 2022 PM5 L _ Mr. Steven Bryson 2104-4 Ocean Boulevard Topsail Beach, NC 28445 28841>1570IGGS & ASSOCIATES, INC. fo pox tere CHARLOTTE NC 280 G VILLE, NO 28541-1570 28 SEP 2022 PMS L _ a Mr. Jeff Collie 2131-B Ocean Boulevard Topsail Beach, NC 28445 w e593 0Te7e52 85858 Fw 910674112868 eth 28393 28541>1570oLst1570@est Sunday, October 02, 2022 5:26 PM To: Charles Riggs Plot plan request South End Town of Topsail Beach sir: U have received the letter concerning the proposed construction on the M.B.M. Owned acreage. Where can the Plot Plan be accessed? ‘Asa full time resident of Shoreline Drive since 1985, and a friend of the late Larry (Fat Daddy) MacCullen , | have known this is private property and expected development, So | am requesting seeing your Plot Pian for the 37 acres. Thank you, Dorothy Trapp 2108 Shoreline Drive Topsail Beach, NC 28445-6908 910-431-6462Charles Rigg: i i, From: Downing, Eric S Sent: Monday, October 24, 2022 10:11 AM Te Charles Riggs Subject: South end of Topsail island Dear Mr. Riggs, ‘have heard with dismay and disappointment recent reports of plans to grant zoning variants and allow development on the beautiful and environmentally sensitive south end of Topsail island. My family and | have been coming to Topsail Island for over twenty years for vacation, and the main draw has always been this wonderful and wild Point. Development on the order described in your letter, “Notice of Public Input Meeting” would endanger the fragile ecology of the land, and put at risk one of the istand’s most precious resources and treasured attractions. We sincerely hope it can be conserved and remain public accessible for future generations of residents and visitors alike. Sincerely, Eric Downing Eric Downing Gerhard L. Weinberg Distinguished Professor German, English and Comparative Literature Adjunct Professor of Classics University of North Carolina at Chapel Hill Personal zoom room: https://unc.zoom.us//91901554952Charles Riggs ee Ee From: Shannon Crownover Sent: Friday, October 21, 2022 10:34 AM To: Charles Riggs Subject: Question regarding Olson public meeting Hello Mr. Riggs, Iam a resident of Topsail Beach, North Carolina and I am interested in learning what the structure of the public input meeting will be next Saturday, October 29 from 10 AM to noon. Can you please let me know how members of the public can speak and provide verbal input at that meeting? Will there be a time limit on remarks, is there a place that we need to sign up if we want to speak in advance of the meeting so that it can be efficient, how much time will Mr. Olson‘s proposal overview take and how much total time for comments and questions? And of course, will he actually be at the meeting or is he sending your staff or lawyers in his place? Thank you. Best, Shannon Crownover 2127 Ocean Blvd.From: ‘Amy Duquette Sent: Monday, October 24, 2022 11:57 AM To: Charles Riggs Subject: Serenity Point We are against this conservation land use change. We do not want Olsen to build a family compound there. We want the land to stay the same. Sincerely, Amy Duquette Hampstead NC Sent from my iPhoneCharles Rigg From: Shannon Crownover Sent: Sunday, October 23, 2022 5:52 PM To: Charles Riggs Subject: Re: Question regarding Olson public meeting Hi Mr. Riggs, Hoping to hear back from you on this question. Thank you, Shannon > On Oct 21, 2022, at 10:33 AM, Shannon Crownover wrote: > > Hello Mr. Riggs, > Iam a resident of Topsail Beach, North Carolina and I am interested in learning what the structure of the public input meeting will be next Saturday, October 29 from 10 AM to noon. Can you please let me know how members of the public can speak and provide verbal input at that meeting? Will there be a time limit on remarks, is there a place that we need to sign up if we want to speak in advance of the meeting so that it can be efficient, how much time will Mr. Olson’s proposal overview take and how much total time for comments and questions? And of course, will he actually be at the meeting or is he sending your staff or lawyers in his place? > > Thank you. > Best, > Shannon Crownover > 2127 Ocean Blvd.Charles Rigg From: Pizzi, Anne Marie Sent: Monday, October 03, 2022 8:48 AM Te Charles Riggs Subject: RE: Notice of Public Meeting 10-29-2022 Topsail Beach Good morning, we cannot comment or submit input when there is no information- comments will be follow when additional clarifying information is provided- such as preliminary drawings of where this 37 acres being discussed actually sits on this property- proposed access points, pier, etc...and the entire area of proposed conditional zoning. It is impossible to comment also on the buildings mentioned in this letter as it provides no information. Please provide survey maps and drawings of the area of proposal, including access roads. ‘Anne Marie Pizzi M.Ed., RN, HACP, Team STEPPS Master Trainer Standards Application and Interpretation Spacialist Regulatory Affairs Healthcare Accreditation Services DNV Healthcare USA Inc. nario fy.comm 1 wav dnvcert.com/healt dnv.com | Linkedin DNV rights for ne axe ve sander by return tents i prohibited This e-mail and any attachments terelo may contain confidential information andor information protected by intelectual pro allention ofthe Intended aadressees named above. if you dts transmission in eror. pleas y ott ‘and delete this message and ts fs Unauthorieed us unter fal oF parti’ dstouton mal orksa Rigg: From: Logan, Ryan Sent: Monday, October 24, 2022 10:32 AM To: Charles Rigas Subject: Notice of Public Input Meeting - Conditional Rezoning Attachments: Conditional Rezoning Opposition pdf Good morning, Attached please find a letter regarding the conditional rezoning of Mr. Todd Olson. We respectfully request the same be considered, noted, and read at the meeting on October 29, 2022 since we will not be able to attend in person, Please ‘ote that this letter is sent with all rights reserved regarding any additional information and/or updates to the proposal. Please confirm if any issue with the attached. Best, Post & Schell, P.C. 300 Delaware Avenue Suite 1380 Wilmington, DE 19801 North Second Street 12th Floor Harrisburg, PA 17101 717-612-6017(Phone) 717-731-1985 (Fax) RLogan@PostSchell.com www.postschell.com indual or entity denied sean any atlachvent 9 an ‘sirbuied io Fost & Se ofthe gerne which aro ot 1October 24, 2022 Charles F. Riggs 502 New Bridge Street Jacksonville, NC 28540 Re: Notice of Public Input Meeting Conditional Rezoning — Pender County Tax Number 4201-59-8862-0000 Dear Mr. Riggs, Please be advised that we are the owners of 2123A Inlet Avenue, Topsail Beach, NC 28445. We are in receipt of the Notice of Public Input Meeting (“Notice”) regarding the “Conditional Rezoning of a 37-acre portion of the 150-acre tract presently owned by McLeod Family, LLC, Pender County Tax Number 4201-59-8862-0000. Please accept this letter as seeking additional information and in opposition to the request. As set forth in the Notice, the Conditional Rezoning would include: Construction of pervious access roads with approximately eight single family dwellings built to both Town Code and FEMA regulations, various garages/maintenance buildings, swimming pools, and associated decking, gazebos, beach pavilion, beach access walkway, sound side cottage and sound pier with nine boat lifts. ‘The Notice does not include the proposed plan(s) regarding the proposed rezoning. as set forth in the Pender County Unified Development Ordinance, Conditional Rezoning (see Section 3.3.9.B), “is intended for a development that has a high level of certainty of being constructed and the most commonly expected application will contain a specified use or uses, permitted by right or special use, accompanied by a plan showing proof of concept, and typically including the spatial relation of uses and site elements.” See Section 3.3.9.B.1. It is our understanding that, at this time, Mr. Todd Olson has not yet submitted proposed plan(s). Absent same, the within opposition is limited to the statements contained within the Notice. We reserve the right to submit additional comments and challenges to same upon review of the proposed plan(s). ‘As it relates to the proposed and/or potential rezoning, the “Review Approval Criteria for Conditional Rezoning” include: 3) Review Approval Criteria for Conditional Rezoning a) When evaluating an application for the establishment of a conditional zoning district, the reviewing bodies shall consider the following: i) The Approval Criteria for a Rezoning (Section 3.3.5). ' The reviewing bodies (Planning Board and Board of Commissioners) shall consider the following matters in deciding a rezoning proposal, in addition to any other considerations as detailed in the specific rezoning application ‘ype:ii) That the application meets the intent of a conditional rezoning, per this subsection. That the contents of the application are complete, sufficient, and recorded appropriately either as conditions of approval or on the associated site plan or preliminary plat, and that the appropriate procedures have been followed. iv) The potential impacts and/or benefits on the surrounding area and adjoining properties. v) The report of results from the public input meeting. vi) That sufficient guarantee is in place or can be made that any off-site impacts generated by the proposed project shall be mitigated appropriately at the time the need for the mitigating action is generated. ‘See Pender County Unified Development Ordinance, Section 3.3.3.9.B.3, In assessing Section 3.3.5"s factors for consideration, the rezoning cannot satisfy the requirements enumerated therein. By way of example only, rezoning of the area would be detrimental to the natural environment. Currently, the “southernmost point of Topsail Island”, as described in the Notice, is a sanctuary for various coastal birds. The rezoning of even a portion of that tract would detrimentally impact their habitat and environment. Furthermore, redevelopment of the proposed area, including, but not limited to, pervious coverage, access walkway(s), and piers would adversely affect the health, safety, and welfare of residents in the area as well as be detrimental to the use and development of adjacent property. The current location provides a “buffer” to the annual hurricane and storm surges, offering both protections and . By disturbing the landscape, putting in pervious coverage and various piers, there will be an increased risk of storm surge and water/flooding damage on all houses located in the vicinity. ‘A. Whether the entire range of uses permitted by the proposed change would be appropriate tothe area concerned, including that the proposed rezoning not: 1) be detrimental to the natural environment, 2) adversely affect the health, safety, or welfare of residents or workers in the area, 3) be detrimental to the use or development of adjacent property, 4) materially or adversely affect the character of the general neighborhood, and 5) be reasonable as it relates tothe public interest. Pender County UDO 3.7 Article 3 — Review Procedures 1B. Whether adequate public facilties/services («.- water, wastewater, roads, schools, et.) exist, are planned, or can bbe reasonably provided to serve the needs of any permitted uses likely to be constructed as a result of such change; C. Whether the proposed change is consistent with the County's Comprehensive Land Use Plan, CAMA Land Use Pan, and any other adopted land use document.Finally, the proposed rezoning would materially and adversely affect the character of the general neighborhood, which, at present, is a HOA community with single family dwellings. Since no proposed plan(s) have been produced, there is no indication as to where any of these improvements would be constructed. It is highly probable that these dwellings would not fit within the current neighborhood, As set forth above, there are numerous factors to be considered that would be negatively impacted if the conditional rezoning were to be applied for. Accordingly, please accept this letter ‘as opposition to the “considered” conditional rezoning. Upon production of the proposed plan(s), and the ability to review same, we will submit any additional comments regarding same. We reserve all rights to amend, supplement, and/or modify any of the above issues raised, and do not intend this letter to waive any such argument or otherwise regarding any subsequently applied~ for conditional rezoning. All rights reserved. Very Truly Yours, /sfPaul A. Logan Js! Ryan M. Logan Paul A. Logan Ryan M. LoganCharles Rigg From: john alderson Sent: Monday, October 10, 2022 2:03 PM To: Charles Riggs Subject: Proposed Development South end of Topsail island Attachments: NC Coastal Federation McLeod-Tract-Report-10.8.19,paf Dear Mr. ‘As homeowners at 2115 Shoreline Drive, Topsail Beach, we are writing to you to express our concerns about the recently approved Conditional Zoning and the proposed development for the south end of Topsail Island by Mr. Tod Olson, We have been coming to the south end of Topsail Beach with family and friends for over 30 years, and bought our home in 2019. It appears that the recently approved Conditional Zoning was created to allow for the development of the south end of the island by Mr. Todd Olsen who is interested in building a ‘family compound’ with multiple homes, other buildings, and sound pier with nine boat lifts on 37 acres, according to a letter we received from Charles Riggs and reported in area news outlets. ‘As you know, the development of the south end of the Island has been a concern for decades because itis a beautiful, undeveloped and environmentally sensitive area that is enjoyed by thousands of people each year, home to endangered birds, sea turtles and other fish and wildlife and serves as a natural storm protection area as well. The Town itself designates this as a Conservation Area, and says the purpose of the Conservation District is to preserve and protect this area which currently prohibits development and is not zoned for residential development. Other federal and North Carolina regulations apply to the south-end of the island as well, Our first concern is that only neighbors within 500 feet of the proposed development were notified of the public input hearing on October 23", and we believe itis essential that you and Town officials more broadly share the information about this proposal which has huge public impact and interest for all of Topsail Istand and vacationers who come to the Island every year. Many of our neighbors had no idea this meeting was happening and want to share their concerns with you. (ur second concern and question is whether the new Conditional Zoning if allowed for this area would actually super cede all of the current federal, state and local zoning and regulations that now apply to the end of the Island. if that is true, how does the proposed developer justify that in the face of the Town’s vision for Topsail Island, land use planning, future development goals, and broad public interest in this most special part of our island? The NC Coastal Federation in a document from October 2019 (attached), raised many issues about the potential impediment to the development of the property as a result of local, state, and federal designations that need to be addressed by the town. It simply states, that the McLeod tract Is not zoned for development (hence our question about whether the town just agreed to allow for development); ‘+ Islocated within an Inlet Hazard Area; {snot eligible for public utilities nor federal insurance; and ‘+ development is not compatible with the Town of Topsail Beach's zoning ordinances or CAMA Core Land Use Plan.‘This area is environmentally sensitive and ever changing...each new hurricane and storm causes flooding and dune erosion. Any development is this area would damage this fragile area, destroy dunes and wetlands and contribute to the degradation of the south end of the island. We hope that you will address all of the concerns raised by the NC Coastal Federation and tell us specifically how this proposed development will meet the federal, state and local regulations and continue to ensure the preservation and protection of Topsail Beach and all of its residents. {Im an ideal world, we like many others, would like to see this end of the island preserved and protected in some form of Public trust and not developed so that future generations could continue to enjoy the island. We believe it is incumbent for the Town to ensure a process, planning and regulations that favor the long-term goals over the short-term personal and private interests of one family. Surely, together, we can find a more favorable solution to preserve and protect Topsail Island. Thank you for your consideration of the issues we raised in this letter, We look forward to hearing from you and plan on attending the October 25" meeting. Sincerely, John Alderson (alderson48@gmail.com) Michele Rivest (Michele Rivest@gmail.com) 2115 Shoreline Drive Topsail Beach, NCNorth Carolina Coastal Federation Working Together for a Healthy Coast Development Potential of McLeod Property Kerri Allen, Coastal Advocate October 9, 2019 Recent news reports published in 9° C\.y Dally and Coastal Rex 2 have highlighted substantial public interest in the listing of an 110-acre tract of undeveloped land located at the southern tip of Topsail Island. The property is owned by the McLeod Family LLC. Residents of Topsail Island, in addition to the general public and regional conservation groups have expressed interest in the protection of this land. Potential impediments to the development of the property as a result of local, state and federal designations are described below. Most simply stated, the McLeod Tract: 1) is not zoned for development; 2) is located within an Inlet Hazard Area; 3) is located within a Coastal Barrier Resources Act unit; 4) is not eligible for public utilities nor federal flood insurance; and 5) development is not compatible with the Town of Topsail Beach's zoning ordinances or CAMA Core Land Use Plan. Public acquisition of the McLeod Tract is consistent with Town policies that encourage protection of land parcels with high resource value and should be fully explored. 1Local policies 1.1 Town of Topsail Beach Land Development Code ‘The Topsail Beach zoning ordinance contains three designations of land use referred to as “Conservation Areas. ‘” These include C-1 Ocean Front, C-2 Sound Side, and C-4 Inlet Area (Figure 1). The C-4 Inlet Area is an undeveloped parcel of land that abuts New Topsail Inlet, and lies between Topsail Sound, the Atlantic Ocean, and the area locally known as Serenity Point. The area includes land that is designated as an inlet hazard area, and includes public trust beaches on both the ocean side and the sound side that are important public trust recreation areas, The purpose of this district is to preserve and protect the areas of environmental concern as identified by G.S. 113A-113 and 15A NCAC 07H .0200 and 07H .0300. The C-4 district is identified as all land included in the inlet hazard area and that is not zoned for residential use (Ord. No. 2019-001, 1-9-2019). Further, in the table of permitted and conditional uses within the land development code, beach access and 'nttps://library.municode.com/nc/topsail_beach/ codes /code_of_ordinances?nodeld=PTICOOR_CHI6LADE_ ARTIVZ0.$16-8220D1ES Northeast Relon Headquarters & Contra Region Southeast Region (37 Harbor Roe, 9.0. Cox 275 S609 Bt Newpore NCHBS7O 308 4 Selsbury sect ei oss Wagnsvile Gene, Ne 25860 wor neces 510 809 2858North Carolina Coastal Federation pedestrian water access walkways are the only permitted uses within the C-4 district (Sec, 16-86). Falure Cana Use Pian Compatibily Watric Consstency Review of Future Land Use Map Oesgratios and Existing Zoning Dre's (Mote te Totevng regulaions ae crt as of Gecerber 1. 2012 Al development must De ‘consistant with regulations efect te tine ie developments proposed Existing Zoning Diswiets RL RE RY [RA [PROT [PROT [eH [OT Toros ar aa Land Use Designations & Compatbiy, Conserauon T OF Or Conservation w Lined 7 Resicetil | Commercial ReSTzanRST OR [OK Residentiat ‘ox [ox [ox [ox [ox | Ox OK “generally consistent” X “inconsistent NA. not appleabie ‘Comment on inconsistencies: (Cel Conservation istic: Curcent zoning prohibits development Future and use policy recognizes the possibilty of development ‘OK™” iste sboce able means thatthe Jecelopmeat in ot aliwed becae i. istact Figure 1. Town of Topsail Beach Future Land Use Plan Compatibility Matrix. The McLeod Tract is zoned C-4, wherein development isnot allowed. 1.2 Town of Topsail Beach CAMA Core Land Use Plan Topsail Beach town policy is to preserve, protect, and enhance the area’s natural resources. The Town works to pursue protection of these resources in a regional context, with neighboring jurisdictions, and with area-wide planning through a process which favors long-term goals over short term interests. Town policy is to support resource protectionNorth Carolina Coastal Federation efforts and to encourage the acquisition of land parcels with a high resource value by the State of North Carolina or area conservation organizations or land trusts.? The Town acknowledges expected growth within the planning period and believes in managing and directing this growth. As such, within the Policies for Growth and Development section of the land use plan, it is policy that development within the Town should be based on: 1) the suitability of land to accommodate the use; 2) the capacity of the environment; 3) compatibility with Town goals and ordinances; 4) densities allowable in sensitive areas; and 5) the availability of support facilities and services. Further, Part 4 of the Coastal Area Management Act states: no permit shall be issued for development which is inconsistent with the approved land-use plan for the county in which itis proposed. No local ordinance or other local regulation shall be adopted which, within an area of environmental concern, is inconsistent with the land-use plan of the county or city in which itis effective; any existing local ordinances and regulations within areas of environmental concern shall be reviewed in light of the applicable local land-use plan and modified as may be necessary to make them consistent therewith, All local ordinances and other local regulations affecting a county within the coastal area, but not affecting an area of environmental concern, shall be reviewed by the Commission for consistency with the applicable county and city land-use plans and, if the Commission finds any such ordinance or regulation to be inconsistent with the applicable land-use plan, it shall transmit recommendations for modification to the adopting local government (§ 113-111) 1.3 Future land use goals The future land use goals of the Town are representative of the Town's vision for future growth and development. Specific goals and policies applicable to assessing the value and development potential for the McLeod Tract are listed here: 1 Public Access Goal: to increase and enhance public access opportunity to the ocean and sound waters of Topsail Beach. Providing Public Access & Meeting Federal Standards — It is the policy of Topsail Beach to continue to provide access to public trust waters through the acquisition, development, and redevelopment of beach and sound access areas, parks, and boat launching areas. This development and redevelopment activity shall be consistent with the need to protect the areas natural resources. Topsail Beach will, in the future, seek financial assistance from state and federal sources to support the development, and/or expansion, of parks and recreational facilities in appropriately sited locations. *nep:/ /www.topsailbeach.org/Portals/0/Planning%20and%20Zoning/Topsail_ Beach 9620CAMA_LUP.9_16 2015paf * hups:/www.ncleg.net/EnactedLegislation/StatutevHTML/ByAnticleiChapter_113A/Article_7.htmlNorth Carolina Coastal Federation and Use Compatibility Goal: To ensure that development and use of resources or preservation of land minimizes direct and secondary environmental impact, avoids risks to public health, safety and welfare and is consistent with the capability of the land based on considerations of interactions of natural and man-made features. Development Must Be Consistent with Existing Regulations — As a means of controlling any inappropriate or damaging development activities within AEC’ the Coastal Area Management Act calls upon the CRC, in cooperation with coastal local governments, to implement a permitting program. The intent of this program isnot to stop development but rather to ensure the compatibility of development with the continued productivity and value of critical coastal land and water areas. These areas are defined as Areas of Environmental Concern (AEC's). The Town of Topsail Beach endorses this permitting system as a means of managing and protecting the coastal resources of North Carolina. ‘Natural Hazards Areas Goal: to conserve and maintain barrier dunes, beaches, flood plains, and other coastal features for their natural storm protection functions and their natural resources giving recognition to public health, safety, and welfare. Acquisition of Parcels of Land in Hazardous Locations — It is the policy of the Town of Topsail Beach to consider acquisition of parcels located within hazard areas or rendered unbuildable by storms or other events for the purpose of recreation or public access. Developers may also be required to provide such Properties as open space under circumstances related to the issuance of a conditional use permit or as a part of the subdivision approval process. Policy of the Location of Growth Inducing Public Facilities — It is Topsail Beach Town policy that the development of growth-inducing public facilities such as sewers, water lines, roads, bridges, and erosion control measures occurs in cases where: a) national, state, or local interest, and public benefits are overriding factors; b) facilities would not exacerbate existing hazards or damage natural buffers; and c) facilities would be reasonably safe from flood and erosion control related damage. Water Quality Goal: to maintain, protect and where possible, enhance water quality in Topsail Sound, coastal wetlands, creeks, streams, and estuaries. Policies contained within this goal include Protect Public Trust Uses — It is the policy of Topsail Beach to mitigate degradation of area water quality and to prevent the loss of public trust uses on the oceanfront and on the sound side beaches and in the waters of Topsail Sound. Acquisition of Buffers — The Town policy is to pursue Clean Water Management Trust Fund grants and other available funding sources for the acquisition of landNorth Carolina Coastal Federation bordering the ocean or sound/inlet beaches so as to protect water quality and to provide for public recreational access. 14 Implications for development ‘The 110-acre tract, herein referred to the “McLeod Tract,” is wholly contained within the C- 4 Inlet Area zoning district. Per Town zoning ordinances and the Future Land Use Plan Compatibility Matrix found within the Town's land use plan, current and future zoning prohibits development within this district. Additionally, the matrix notes that the category labeled “Conservation” shall be limited to essential public facilities, with no commercial or residential structures.* Further, the Coastal Area Management Act excludes a CAMA permit from being issued if it allows development that is inconsistent with local development ordinances. Itis important to note that this land use plan recommends no zoning changes.5 The Town of Topsail Beach is an established small town with spatial patterns of development already established. The Future Land Use Map shows development patterns which are not greatly different from the Existing Land Use Map nor the current Town of Topsail Beach Zoning Map (Figure 2).6 Through its policies as described in the land use plan, the Town of Topsail Beach is unwavering in their vision for the Town, which includes no foreseen zoning changes. Ina questionnaire administered to Town residents and included in the 2015 land use plan,” 91% of residents believe the Town should continue its’ efforts to preserve the character of the town; 81% believe local officials should regulate the character and location of new development in order to protect nearby property values and broad community interests; and 73% believe the Town should not encourage residential development that would disturb existing sand dunes. Based on these results, development of the McLeod Tract is not harmonious with overall Town vision. Future land use goals, as described above, prioritize public beach access, land use compatibility, protections for natural hazard areas, and local water quality. The McLeod ‘Tract is located within an AEC and provides natural storm protection to the area. Protection of this land not only prevents future damage to the property itself, but also functions to protect greater town resources by acting as a natural buffer. Development on the McLeod Tract could easily exacerbate existing hazards, especially in the wake of an increasing number of severe storms afflicting the North Carolina coast. “http://www topsailbeach.org/Portals/0/Planning%20and%20Zoning/Topsail_ Beach 9620CAMA_LUP.9_16 2015 pdf 5 Consistency between Land Use Plan Policy & Future Land Use Map; 2015 CAMA Land Use Plan ‘htp:/ /wwwtopsailbeach.org/Portals/0/Planning%20and%20Zoning/2019-06- 05.78 Zoning Map pdf’ver=2019-08-19-120048-307 http://www topsailbeach.org/Portals/0/Planning%20and%20Zoning/Topsail, Beach.9620CAMALUP.9_16 -2015.patNorth Carolina Coastal Federation Zoning Map. Topsail Beach, ~~ North Carolina Figure 2. Southern portion of Topsail Beach Zoning Map. The McLeod Tract (in green) is shown as C-4: Conservation District - Inlet Area 2. State regulations 211 Inlet Hazard Areas Ocean hazard Areas of Environmental Concern (AEC's) are so named because these areas are considered by the North Carolina Coastal Resources Commission (CRC) to be natural hazard areas along the Atlantic Ocean shoreline where, because of their special vulnerability to erosion or other adverse effects of sand, wind, and water, uncontrolled or incompatible development could unreasonably endanger life or property. Ocean hazard areas include: the ocean erodible area, the high hazard flood area, the inlet hazard area, and the un-vegetated beach area. ‘The inlet hazard areas (IHA's) are natural-hazard areas that are especially vulnerable to erosion, flooding and other adverse effects of sand, wind, and water because of their proximity to dynamic ocean inlets. This area extends landward from the mean low water line a distance sufficient to encompass that area within which the inlet shall migrate, based on statistical analysis, and shall consider such factors as previous inlet territory, structurally weak areas near the inlet, and external influences such as jetties and channelization. In all cases, the IHA shall be an extension of the adjacent ocean erodible areas and in no case shall the width of the inlet hazard area be less than the width of the adjacent ocean erodible area *15A NCAC 07H 0304North Carolina Coastal Federation Per North Carolina Administrative Code (NCAC), development within IHA’s shall be permitted in accordance with the following standards: 1) All development in the inlet hazard area shall be set back from the first line of stable natural vegetation a distance equal to the setback required in the adjacent ocean hazard area; 2) Permanent structures shall be permitted at a density of no more than one commercial or residential unit per 15,000 square feet of land area on lots subdivided or created after July 23, 1981; 3) Only residential structures of four units or less or non-residential structures of less than 5,000 square feet total floor area shall be allowed within the inlet hazard area, except that access roads to those areas and maintenance and replacement of existing bridges shall be allowed; 4) Established common-law and statutory public rights of access to the public trust lands and waters in Inlet Hazard Areas shall not be eliminated or restricted. Development shall not encroach upon public access ways nor shall it limit the intended use of the access ways? Further, no development shall be allowed in any AEC which would result in a contravention or violation of any rules, regulations, or laws of the State of North Carolina or of local government in which the development takes place.!0 2.2 Coastal Resources Commission Science Panel In Science Panel Recommendations presented to the CRC in February 2019, the panel worked to develop inlet shoreline change rate calculation methodology and re-evaluate points along the oceanfront shoreline where inlet processes are the dominant influence over shoreline position. They found New Topsail Inlet’s rapid migration results in a reduction of risk on the north side as the inlet moves south. Since a migration reversal is unlikely, in such cases itis recommended to limit the inlet analysis to the most recent 30 years. For the Topsail Beach side of New Topsail Inlet, the computation of the Hybrid-Vegetation Line used the full record (1971-2016) on the oceanfront but was limited to an approximate 30-year data record (1984-2016) within the inlet. Because of the rapid migration, the inlet Hybrid- Vegetation Line is defined by one date, the 1984 vegetation line (Figure 3). Itis recommended that this 30-year adjustment should be reevaluated during each IHA update. Ifthe inlet continues to migrate, the [HA should move south with the inlet. Using the IHAM, the standard deviation suggests that inlet influence extends to transect-27. However, in order to include the area most prone to erosion hazards associated with storm-enhanced inlet processes, transect-42 is recommended as the [HA boundary. From transect-42, the boundary extends landward, north of the canal at Trout Avenue to Topsail Sound connecting with the back boundary of the current IHA (Figure 4). °15A NCAC 07H 0310 © 15A NCAC 07H 0601 ‘nttps://files.nc gov/ncdeq/Coastal%20Management/GIS/2019_Inlet Hazard Area Boundary Update_2019 o212pdr