Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, FEBRUARY 19, 2024, AT 7:00 PM ERWIN MUNICIPAL BUILDING BOARD ROOM AGENDA 1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance 2. CONSENT AGENDA A. Planning Board Minutes from Regular Meeting on January 16, 2024 (Page 2) 3. OLD BUSINESS A. Updates 4. NEW BUSINESS A. ZT-2024-001 (Page 4) B. ZT-2024-002 (Page 20) C. Golf Course R-15 Permitted Use Text Amendment (Page 42) D. R.O.W. Maintenance Text Amendment (Page 43) 5. ADJOURNMENT  PLANNING BOARD MEETING MINUTES TUESDAY, JANUARY 16, 2024 ERWIN, NORTH CAROLINA The Town of Erwin Planning Board held its regular meeting in the Erwin Municipal Building Board Room 100 West F Street, Erwin NC on Tuesday, January 16, 2024, at 7:00 PM. Board members present were Vice-Chairperson Joshua Schmieding, In-Town Board Members Ronald Beasley, Kathryn Moore, and Jim Hartman, and Out-of-Town Board Members Nicholas Skatell and Howard Godwin. Board members absent were: In-Town Board Member Rebecca Kelly and In-Town Alternate Vanessa Lech. Town Manager Snow Bowden, Town Planner Dylan Eure, and Town Clerk Lauren Evans were present. Vice-Chairperson Joshua Schmieding called the meeting to order at 7:00 PM. Board Member Ronald Beasley gave the invocation. Board Member Nicholas Skatell led the Pledge of Allegiance. CONSENT ITEMS Board Member Ronald Beasley made a motion to approve the minutes of December 18, 2023, and was seconded by Kathryn Moore. The Board voted unanimously. OATH OF OFFICE In-Town Board Member Jim Hartman stated the oath of office witnessed by Town Clerk Lauren Evans. ORGANIZATIONAL MEETING Board Member Howard Godwin made a motion to elect Joshua Schmieding as Chairperson and was seconded by Nicholas Skatell. The Board voted unanimously. Board Member Howard Godwin made a motion to elect Ronald Beasley as Vice-Chairperson and was seconded by Nicholas Skatell. The Board voted unanimously. OLD BUSINESS Updates: Town Planner Dylan Eure informed the Board that the rezoning case off of Suggs Road, ZT-2023-006, that the Planning Board recommended for approval in December was approved by the Town Board. The parcel was rezoned to RD with the intention of a single-family home being built there. 2 NEW BUSINESS Accessory Structure Text Amendment Town Planner Dylan Eure stated this was a proposed amendment to our Town Code. This amendment would increase the size of accessory structures that homes may construct on their property. The current diction in our ordinances stated that “Each accessory structure shall not exceed 40 percent of the total area of the principal structure. At no time shall the total area of accessory use exceed 25 percent of the rear yard”. The proposed amended language was "Each accessory structure shall not exceed 40 percent of the total area of the side or rear yard”. He explored another option of allowing adjacent parcel under the same ownership to allow for accessory structures but he did not find any other municipalities that used that practice. Chairperson Joshua Schmieding clarified whether the total area was based on the footprint or actual square footage. Town Planner Dylan Eure stated it was based on the square footage. Board Member Ronald Beasley made a motion to recommend the Accessory Structure Text Amendment for approval and was seconded by Kathryn Moore. The Board voted unanimously. ADJOURNMENT Board Member Ronald Beasley made a motion to adjourn the meeting at 7:09 PM and was seconded by Kathryn Moore. Motion unanimously approved. Minutes recorded and typed by Lauren Evans Town Clerk ______________________________ ______________________________ Joshua Schmieding Lauren Evans, NCCMC Chairperson Town Clerk 3  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 12/18/2023 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2024-001 William R. Turnage Memorandum Rezoning Description The Town of Erwin has received a request to rezone a piece of property located by its Harnett County Tax Pin: 1506-15-0948 off of Hog Heaven Lane within the Town of Erwin’s planning jurisdiction but not within the Town’s corporate limits. Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55 acres or 53.27% of the property, and RD occupying approximately 13.67 acres or 46.73% of the property. Said petition would rezone the above parcel to be entirely under RD zoning classification. Property Description A single vacant parcel totaling 29.19 acres located off of Hog Heaven Rd within Erwin’s planning jurisdiction approximately .35 of a mile south of town limits. According to Harnett County GIS no water or sewer lines are accessible through the property. Property is within both watershed HUC8 and HUC12 which will require approval from North Carolina’s Department of Environmental Quality prior to development taking place. Otherwise the property is not within a flood zone or wetland. The surrounding land uses are R-15 to the North and to the West with RD being South and East of the parcel. Findings of Fact The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances the uses defined within the RD zoning classification would best serve the above stated parcel. Regards, Dylan Eure Town Planner 4 5 6 7 8 9 10 11 12 13  REZONING MAP REQUEST STAFF REPORT Case: ZT-2024-001 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 2/19/2024 Town Commissioners: 03/07/2024 The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin 1506-15-0948. Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55 acres or 53.27% of the property, and RD occupying approximately 13.67 acres or 46.73% of the property. Said petition would rezone the above parcel to be entirely under RD zoning classification. Applicant Information Owner of Record: Name: Carl & Becky Hamilton Address: 687 Hog Heaven Ln City/State/Zip: Dunn, NC 28334 Applicant: Name: Carl & Becky Hamilton Address: 687 Hog Heaven Ln City/State/Zip: Dunn, NC 28334 Property Description Harnett County Tax Pin #1506-15-0948 Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: A single vacant parcel totaling 29.19 acres located off of Hog Heaven Rd within Erwin’s planning jurisdiction approximately .35 of a mile south of town limits. According to Harnett 14 County GIS no water or sewer lines are accessible through the property. Property is within both watershed HUC8 and HUC12 which will require approval from North Carolina’s Department of Environmental Quality prior to development taking place. Otherwise the property is not within a flood zone or wetland. Surrounding Land Uses: The surrounding land uses are R-15 to the North and to the West with RD being South and East of the parcel. Services Available • No water or sewer lines run by property. Staff Evaluation The applicant has requested to have a single split zoned parcel between R-15 and RD zoning classifications to be entirely under the RD. Staff Evaluation X Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community • Reasoning: The rezoning is compatible with the surrounding community and would not cause any inconvenience to the those within the area. X Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. • Reasoning: According to Erwin’s current Land Use Plan done in 2023 the property is assigned to be zoned as an suburban area. X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow for additional developments on property that are currently not allowed due to the parcel being split zoned. X Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. • Reasoning: This rezoning request includes a single parcel to be rezoned to be completely zoned under RD. 15  There is a convincing demonstration that all uses Parcel is currently split zoned making it permitted under the proposed district classification challenging to develop. By rezoning to be would be in the general public interest and not entirely under the RD zoning classification it merely in the interest of an individual or small would allow for all permitted uses under said group. YES zoning district to occur. There is a convincing demonstration that all uses permitted under the proposed district classification The rezoning would place the entire parcel would be appropriate in the area included in the under RD and all permitted uses along with proposed change. (When a new district it. Furthermore, the parcel is not within designation is assigned, any use permitted in the corporate limits of the Town. district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The parcel is currently split zoned under character of the neighborhood will not be both RD and R-15 zoning classification. materially and adversely affected by any use This would ensure all RD classification and permitted in the proposed change. YES uses on the parcel. The proposed change is in accord with the Land The Erwin 2023 Land Use Plan has this Development Plan and sound planning principles. parcel of land to be zoned under suburban YES classifications and by the rezoning would solve the issue of being split zoned. Statement of Consistency The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances the uses defined within the RD zoning classification would best serve the above stated parcel. It is recommended that this rezoning request be Approved. Attachments: • ZT-2024-001 Application • Harnett County GIS Image with zoning districts • Harnett County GIS Image without zoning districts • Adjacent property owner sheet 16  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index Easements Watershed HUC12 RD County Boundary Other Zoning Districts ETJ Boundary Address Numbers Parcels R15 GIS/E-911 Addressing RoadCenterlines Watershed HUC8 RA-30 0 165 330 660 January 24, 2024 17 Feet  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index RoadCenterlines Watershed HUC12 County Boundary Easements Address Numbers Other GIS/E-911 Addressing County Water Mains Parcels 0 165 330 660 January 24, 2024 6 - 36 Watershed HUC8 18 Feet  John Smith Jr Carl Donnie & Becky P Hamilton 1174 Old Hamilton Rd 687 Hog Heaven Ln Dunn, NC 28334 Dunn, NC 28334 Carl Ronnie & Debra Lynn Hamilton Carl R. & Debra Hamilton 473 Hog Heaven Ln 473 Hog Heaven Ln Dunn, NC 28334 Dunn, NC 28334 Carl Hamilton Jr Heirs Sharon & Stephen Lewis 2628 NC HWY 82 1057 Hudsontown Rd Dunn, NC 28334 Dunn, NC 28334 Kevin Jacob Lee Anchor Properties of Raleigh 383 Hinson Rd 503 Wrennstone Ct Dunn, NC 28334 Apex, NC 27529 Edwin Frankie Harant Larry & Roxanne Baird 111 Lavendale Ln 135 Lavendale Ln Dunn, NC 28334 Dunn, NC 28334 Don Davis Trustee & Antioch Pentecostal Robert & Melody Jenkins Free Will 114 Lavendale Ln PO Box 2005 Dunn, NC 28334 Dunn, NC 28334 Shirley B Matthews 2016 Rice Rd Sanford, NC 27330 19  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 2/19/2024 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2024-0022 William R. Turnage Memorandum Rezoning Description The Town of Erwin Staff wishes to request to rezone eight (8) parcels located off of Moulton Springs Rd and S 13th St for the purpose of correcting split zoned parcels and four (4) incorrectly zoned parcels to be entirely under the zoning classification in which is currently being primarily used. Said parcels are as followed… • 308 Moulton Springs Rd – Rezone to full R-10 • HC Tax Pin 0597-51-6406 – Rezone to full R-10 • 309 Moulton Springs Rd – Rezone to full R-6 • HC Tax Pin 0597-51-7332 - Rezone to full R-6 • 305 Moulton Springs Rd – Rezone to full R-6 • 203 Moulton Springs Rd –Rezone to full R-6 • 825 S 13th St –Rezone to full R-10 • 808 S 13th St – Rezone to full B-2 • 814 S 13th St – Rezone to full R-6 • 812 S 13th St – Rezone to full R-6 • 201 Moulton Springs Rd- Rezone to full R-6 • 106 Ennis St- Rezone to full R-10 Property Description • 308 Moulton Springs Rd o Home on Property, no change to home owner except increase in dimensional requirements. o R-10: 1.77 Acres, 84% o R-6: .33 Acres, 16% o Rezone to full R-10 • HC Tax Pin 0597-51-6406 o No home on Property, only accessory structures for 302 Moulton Springs, no change to home owner except increase in dimensional requirements. o R-10 .55 Acres, 69% 20  o R-6 .25 Acres, 31% o Rezone to full R-10 • 309 Moulton Springs Rd o Home on the Property, B-2 zoning would prevent owners from building onto the home. o B-2 .23 Acres, 64.43% o R-6 .15 Acres, 35.57% o Rezone to full R-6 • HC Tax Pin 0597-51-7332 o Too small of a parcel to develop .05 acres. o R-6 .04 Acres, 82.33% o B-2 .01 Acres, 17.67% o Rezone to full R-6 • 305 Moulton Springs Rd o Homes on property, no change to homeowner. o Two Primary Structures on property o R-6 1.01 Acres, 70.42% o B-2 .42 Acres, 29.58% o Rezone to full R-6 • 203 Moulton Springs Rd o Home on Property B-2 zoning would prevent owners from building onto the home. o B-2 .42 Acres, 95.71% o R-6 .02 Acres. 11.9% o Rezone to full R-6 • 825 S 13th St o Home on Property, no change to homeowner, would only increase dimensional requirements. o R-10 3.19 Acres, 94.87% o B-2 .0 Acres, .12% o R-6 .17 Acres, 5.01% o Rezone to full R-10 • 808 S 13th St o Business location- The Gettin’ Place, No change to owner o B-2 .42 Acres, 95.71% o R-6 .02 Acres, 4.29% o Rezone to Full B-2 • 814 S 13th St o B-2 zoned while a SFD currently occupies the property o Parcel too small to develop o Rezone to full R-6 • 812 S 13th St o B-2 zoned while a SFD currently occupies the property 21  o Parcel too small to develop o Rezone to full R-6 • 201 Moulton Springs Rd o B-2 zoned while a SFD currently occupies the property o Rezone to full R-6 • 106 Ennis St o B-2 zoned while a SFD currently occupies the property o Rezone to full R-10 . . Findings of Fact Surrounding Land Uses: The surrounding land uses for all of the 8 parcels are as followed • Conservation to the West • B-2 to the East / North East • R-10 to the North and South • R-6 to the East • The requested rezoning from being split zoned is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances the uses defined within the mixed use classification would best serve the above stated parcels. It is recommended that this rezoning request be Approved. Regards, Dylan Eure Town Planner 22  REZONING MAP REQUEST STAFF REPORT Case: ZT-2024-002 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 2/19/2024 Town Commissioners: TBD The Town of Erwin Staff wishes to request to rezone eight (8) parcels located off of Moulton Springs Rd and S 13th St for the purpose of correcting split zoned parcels and four (4) incorrectly zoned parcels to be entirely under the zoning classification in which is currently being primarily used. Said parcels are as followed… • 308 Moulton Springs Rd – Rezone to full R-10 • HC Tax Pin 0597-51-6406 – Rezone to full R-10 • 309 Moulton Springs Rd – Rezone to full R-6 • HC Tax Pin 0597-51-7332 - Rezone to full R-6 • 305 Moulton Springs Rd – Rezone to full R-6 • 203 Moulton Springs Rd –Rezone to full R-6 • 825 S 13th St –Rezone to full R-10 • 808 S 13th St – Rezone to full B-2 • 814 S 13th St – Rezone to full R-6 • 812 S 13th St – Rezone to full R-6 • 201 Moulton Springs Rd- Rezone to full R-6 • 106 Ennis St- Rezone to full R-10 Applicant Information Owners of Record: Name: Kimber Group Address: 308 Moulton Springs / Mailing Address PO Box 181 City/State/Zip: Erwin, NC 28339 Name: Margaret Bradshaw Address: HC Tax Pin 0597-51-6406 / Mailing Address 302 Moulton Springs City/State/Zip: Erwin, NC 28339 Name: Linda Lou Westbrook Address: 309 Moulton Springs City/State/Zip: Erwin, NC 28339 23 Name: Delauriel Deck Matthews Address: HC Tax Pin 0597-51-7232 / Mailing Address 305 Moulton Springs City/State/Zip: Erwin, NC 28339 Name: Delauriel Deck Matthews Address: 305 Moulton Springs City/State/Zip: Erwin, NC 28339 Name: Sara Collins Tyndall Address: 203 Moulton Springs City/State/Zip: Erwin, NC 28339 Name: Dianna Jackson Barefoot Address: 825 S 13th / Mailing Address 1434 Neills Creek Rd City/State/Zip: Erwin, NC 28339 / Lillington, NC 27546 Name: Edward Neil Parker Address: 808 S 13th / Mailing Address 915 S 13th City/State/Zip: Erwin, NC 28339 Name: Eller Rental Properties Address: 814 S 13th / Mailing Address PO Box 2228 City/State/Zip: Erwin, NC 28339 / Lillington, NC 27546 Name: Eller Rental Properties Address: 812 S 13th / Mailing Address PO Box 2228 City/State/Zip: Erwin, NC 28339/ Lillington, NC 27546 Name: John Henry Williams Address: 201 Moulton Springs / Mailing Address 100 B Pope St City/State/Zip: Erwin, NC 28339 Name: Mason Gordon Address: 106 Ennis St / Mailing Address 55 Pete Mason Dr 24  City/State/Zip: Erwin, NC 28339 / Spring Lake, NC 28390 Applicant: Name: Town of Erwin Address: 100 West F St City/State/Zip: Erwin, NC 28339 Property Description • 308 Moulton Springs Rd o Home on Property, no change to home owner except increase in dimensional requirements. o R-10: 1.77 Acres, 84% o R-6: .33 Acres, 16% o Rezone to full R-10 • HC Tax Pin 0597-51-6406 o No home on Property, only accessory structures for 302 Moulton Springs, no change to home owner except increase in dimensional requirements. o R-10 .55 Acres, 69% o R-6 .25 Acres, 31% o Rezone to full R-10 • 309 Moulton Springs Rd o Home on the Property, B-2 zoning would prevent owners from building onto the home. o B-2 .23 Acres, 64.43% o R-6 .15 Acres, 35.57% o Rezone to full R-6 • HC Tax Pin 0597-51-7332 o Too small of a parcel to develop .05 acres. o R-6 .04 Acres, 82.33% o B-2 .01 Acres, 17.67% o Rezone to full R-6 • 305 Moulton Springs Rd o Homes on property, no change to homeowner. o Two Primary Structures on property o R-6 1.01 Acres, 70.42% o B-2 .42 Acres, 29.58% o Rezone to full R-6 • 203 Moulton Springs Rd o Home on Property B-2 zoning would prevent owners from building onto the home. 25  o B-2 .42 Acres, 95.71% o R-6 .02 Acres. 11.9% o Rezone to full R-6 • 825 S 13th St o Home on Property, no change to homeowner, would only increase dimensional requirements. o R-10 3.19 Acres, 94.87% o B-2 .0 Acres, .12% o R-6 .17 Acres, 5.01% o Rezone to full R-10 • 808 S 13th St o Business location- The Gettin’ Place, No change to owner o B-2 .42 Acres, 95.71% o R-6 .02 Acres, 4.29% o Rezone to Full B-2 • 814 S 13th St o B-2 zoned while a SFD currently occupies the property o Parcel too small to develop o Rezone to full R-6 • 812 S 13th St o B-2 zoned while a SFD currently occupies the property o Parcel too small to develop o Rezone to full R-6 • 201 Moulton Springs Rd o B-2 zoned while a SFD currently occupies the property o Rezone to full R-6 • 106 Ennis St o B-2 zoned while a SFD currently occupies the property o Rezone to full R-10 Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: Total of 12 parcels with 7 located on Moulton Springs Road, 4 on S 13th Street, and 1 on Ennis in which all are within approximately .15 miles or 300 yards of each other. All parcels that are 26 included have access to Harnett County water and sewer lines. According to Harnett GIS there are no wetlands, watersheds, or flood areas within any of the parcels discussed. Furthermore according to GIS there are no recorded easements through any of the properties. The exact acreage for each of the parcels are as followed. • 308 Moulton Springs Rd -2.10 acres • HC Tax Pin 0597-51-6406 - .80 acres • 309 Moulton Springs Rd - .36 acres • HC Tax Pin 0597-51-7332 - .05 acres • 305 Moulton Springs Rd -1.43 acres • 203 Moulton Springs Rd -.31 acres • 825 S 13th St – 3.36 acres • 808 S 13th St - .44 acres • 814 S 13th St- .06 acres • 812 S 13th St- .07 acres • 201 Moulton Springs - .42 acres • 106 Ennis St- .32 acres Surrounding Land Uses: The surrounding land uses for all of the 8 parcels are as followed • Conservation to the West • B-2 to the East / North East • R-10 to the North and South • R-6 to the East Services Available • Harnett County Water and Sewer are accessible for all properties. Staff Evaluation The Town of Erwin has requested 8 parcels to be rezoned to correct zoning map conformities to align parcels to a single zoning classification in which fits each parcel best based on their current use. Staff Evaluation X Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community • Reasoning: The rezoning’s are compatible with the surrounding community and would not cause any inconvenience to those within the area. X Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. • Reasoning: According to Erwin’s current Land Use Plan done in 2023 the properties are assigned to be zoned under mixed use that promotes residential and commercial uses. 27 X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would correct zoning nonconformities and ensure that clear uses are defined for the parcels. X Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. • Reasoning: This rezoning request includes 12 parcels all within less than .15 of a mile between each other. There is a convincing demonstration that all uses Parcels are currently split zoned and by permitted under the proposed district classification rezoning would ensure that their current uses would be in the general public interest and not are permitted. merely in the interest of an individual or small group. YES There is a convincing demonstration that all uses permitted under the proposed district classification All parcels are designated under the Erwin would be appropriate in the area included in the 2023 Land use Plan to be either residential proposed change. (When a new district or mixed use. designation is assigned, any use permitted in the district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The rezoning’s would not alter the character character of the neighborhood will not be of the neighborhood in anyway. Rezoning’s materially and adversely affected by any use would ensure clarity for owners and not take permitted in the proposed change. YES away rights that they currently have to their land. The proposed change is in accord with the Land All of the parcels that are included are Development Plan and sound planning principles. designated to be mixed in the 2023 Erwin YES Land Use Plan for the purposes of residential and commercial. Statement of Consistency 28 The requested rezoning from being split zoned is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances the uses defined within the mixed use classification would best serve the above stated parcels. It is recommended that this rezoning’s request be Approved. Attachments: • ZT-2024-002 Application • ZT-2024-002 Memo • Harnett County GIS Image with zoning districts • Harnett County GIS Image without zoning districts • Adjacent property owner sheets • Public notice letter sent to adjacent property owners 29 308 Moulton Springs 30 HC Tax Pin 0597-51-6406 31 309 Moulton Springs 32 HC Tax Pin 0597-51-7232 33 305 Moulton Springs 34 203 Moulton Springs 35 825 S 13th 36 808 S 13th 37 814 S 13th 38 812 S 13th 39 201 Moulton Springs 40 106 Ennis 41  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: February 19, 2024 Subject: Golf Course R-15 Permitted Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 5 Section 36-115 and Article 2. Within the mentioned article and section are the permitted uses within R-15 jurisdiction. The only two currently permitted uses allowed within R-15 zoning classification are single-family dwellings and municipal facilities. Due to the way our ordnances are worded the current golf course located at 448 Chicora Club Drive, Dunn is to be considered an existing non-conforming use. Because of this it is the Staff’s recommendation that golf courses be added to the list of permitted uses and a definition of a golf course be added to the list of definitions. The NC municipality that was used to benchmark against was Morganton, located in the western portion of the state. Proposed permitted uses to be added to R-15: • Golf courses Proposed definition of a golf course: • An area of land laid out for golf with a series of 9 to 18 holes varying from 100 to 600 yards with each including a tee, fairway, putting greens, bunkers and that may contain clubhouses, areas for refreshment, or golf equipment sales. 42  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner; Chris Jones, Town Code Enforcement Officer Date: February 19, 2024 Subject: R.O.W. Maintenance Text Amendment Town Staff has prepared a proposed text amendment to Chapter 12 Article IV Weeds, Hedges, Tall Grass and Other Vegetation specifically under Section 12-92. entitled Definitions under item 7 in the Erwin Code of Ordinances. This amendment to the Erwin Code of Ordinances would require the owner of any specific property to maintain vegetation growing within their portion of the right-of-way. The current language in our ordinances within item 7 of Article IV under Section 12-92 reads as follows “Hedges or dense, thorny shrubs extending into the public right-of-way;”. The proposed amended diction is as follows “Hedges, dense thorny shrubs, weeds, grass, brush, poisonous vegetation or any other over grown / dead vegetation as defined in items (1),(3), and (4) of Section 12-92. of this article extending into the public right-of-way to the edge of the street;” By amending our code it would allow for Erwin’s Code Enforcement Officer to require that the vegetation grown in the public right-of-way of private property be maintained and cared for by the owner of said private property. This is to prevent rodents such as rats and snakes making nests in areas of development along with maintaining a well-kept community. Town staff wishes to update the Erwin Code of Ordinances to enforce property owners to maintain their portion of the right-of-way due to aesthetic and safety/health concerns. North Carolina General Statute 160A-174 Section A states that “A city may by ordinance define, prohibit, regulate, or abate acts, omissions, or conditions, detrimental to the health, safety, or welfare of its citizens and the peace and dignity of the city, and may define and abate nuisances”, thus allowing Erwin to require property owners to maintain their portion of the right-of-way. Town staff has bench marked other communities that require property owners to maintain their portion of the right-of-way that have similar policies in place such as Fuquay-Varina, Cary, and Knightdale. After conducting research to evaluate the best option in order for right-of-ways to be maintained, the Town of Erwin staff recommends the following amendment to the Erwin Code of Ordinance to be recommended and adopted. Current Un-amended Diction: Weeds and nuisance vegetation under this article shall include the following which may occur on any lot within the corporate limits of the town: 43 (1) Weeds or vegetation allowed to grow to a height greater than 12 inches on the average, or any accumulation of dead weeds, grass or brush, on any lot regardless of size and whether developed or undeveloped, or on any occupied or unoccupied lot or land less than one acre in area excluding wooded areas, that may provide safe harborage for rats, mice, snakes, and other vermin; (2) Any dead, diseased, infested or dying tree or shrub on any property so near to a street, public right-of-way or a public utility easement as to constitute a danger to street trees, public utility services' streets, sidewalks, vehicle travel, persons or property other than that of the owner of the tree; (3)Vegetation which creates a nuisance by its existence (i.e., poison ivy, kudzu); (4)Dead or dying trees or plants which may cause a hazardous situation if they fall; (5)Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire or electrolier; (6)Branches, roots, trees, shrubs or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along any portion of any public street or sidewalk; (7)Hedges or dense, thorny shrubs extending into the public right-of-way; (8) Branches of trees that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street. Proposed Amended Diction: Weeds and nuisance vegetation under this article shall include the following which may occur on any lot within the corporate limits of the town: (1) Weeds or vegetation allowed to grow to a height greater than 12 inches on the average, or any accumulation of dead weeds, grass or brush, on any lot regardless of size and whether developed or undeveloped, or on any occupied or unoccupied lot or land less than one acre in area excluding wooded areas, that may provide safe harborage for rats, mice, snakes, and other vermin; (2) Any dead, diseased, infested or dying tree or shrub on any property so near to a street, public right-of-way or a public utility easement as to constitute a danger to street trees, public utility services' streets, sidewalks, vehicle travel, persons or property other than that of the owner of the tree; (3)Vegetation which creates a nuisance by its existence (i.e., poison ivy, kudzu); (4)Dead or dying trees or plants which may cause a hazardous situation if they fall; (5)Vines or climbing plants growing into or over any street tree, fire hydrant, pole, utility wire or electrolier; (6)Branches, roots, trees, shrubs or foliage that interfere with visibility on, illumination of, or the free, safe, or undamaged use of, or access to or along any portion of any public street or sidewalk; (7) Hedges, dense thorny shrubs, weeds, grass, brush, poisonous vegetation or any other over grown / dead vegetation as defined in items (1),(3), and (4) of Section 12-92. of this article extending into the public right-of-way to the edge of the street; (8) Branches of trees that extend within eight vertical feet from any portion of a public sidewalk or within 14 vertical feet from any portion of a public street 44