Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, MARCH 18, 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 February 19, 2024 (Page 2) 3. OATH OF OFFICE A. Grace Watts (Page 8) 4. OLD BUSINESS A. Updates 5. NEW BUSINESS A. Red Hill Church Road Preliminary Plat (Page 9) B. Accessory Dwelling Unit Text Amendment (Page 26) C. ZT-2024-003 (Page 30) D. R.O.W. Maintenance Text Amendment (Page 35) E. Outdoor Storage Text Amendment (Page 38) F. Penalty Text Amendment (Page 40) G. Arcades Text Amendment (Page 42) H. Axe Throwing Text Amendment (Page 43) I. Bowling Alley Text Amendment (Page 44) J. Escape Room Text Amendment (Page 45) K. Laser Tag Text Amendment (Page 46) L. Pool Hall Text Amendment (Page 47) M. Rage Room Text Amendment (Page 48) 6. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, FEBRUARY 19, 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 Monday, February 19, 2024, at 7:00 PM. Board members present were Chairperson Joshua Schmieding, In-Town Board Members Kathryn Moore, Rebecca Kelly, and Jim Hartman, and Out-of-Town Board Members Nicholas Skatell and Howard Godwin. Board members absent were: In-Town Board Member Ronald Beasley and In-Town Alternate Vanessa Lech. Town Manager Snow Bowden, Town Planner Dylan Eure, Town Clerk Lauren Evans, and Finance Officer Katelan Blount were present. Chairperson Joshua Schmieding called the meeting to order at 7:00 PM. Board Member Howard Godwin gave the invocation. Board Member Kathryn Moore led the Pledge of Allegiance. CONSENT ITEMS Board Member Nick Skatell made a motion to approve the minutes of January 16, 2024, and was seconded by Kathryn Moore. The Board voted unanimously. OLD BUSINESS Updates: Town Planner Dylan Eure informed the Board that the rezoning case at 261 Suggs Road was approved by the Town Board. The Accessory Structure Text Amendment was also approved by the Town Board. NEW BUSINESS ZT-2024-001 Town Planner Dylan Eure informed the Board that the Town of Erwin received a request to rezone a piece of property located by its Harnett County Tax Pin: 1506-15-0948. The parcel was currently 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. This petition would rezone the parcel to be entirely under RD zoning classification. The parcel was 29.19 acres located off of Hog Heaven Road within the Erwin Planning Jurisdiction approximately .35 of a mile south of town limits. No water or sewer lines are accessible through the property. The property was within both watersheds HUC8 and HUC12 which would require approval from North Carolina’s Department of Environmental Quality prior to development taking place. Chairman Joshua Schmieding asked if the applicants planned to develop the property. 2 Town Planner Dylan Eure stated the owners of the property were planning to sell a portion of the parcel to the applicants for the purpose of developing a substation to provide energy for the Town. Chairman Joshua Schmieding asked if anyone was present to speak in favor of the request. Shane Finn of ECE, consultants for South River came forward. Board Member Rebecca Kelly arrived at 7:06 PM. Town Planner Dylan Eure reminded the Board that the applicants were planning to build a substation but if the parcel is rezoned, the applicants were allowed to develop the land for any allowable use in the RD zoning district. Board Member Howard Godwin inquired why South River wanted to put a substation on this property when Duke Energy is the primary electric provider in Erwin. Wilson Holder, Assistant Engineer for South River also came forward. He stated South River serviced a territory right below this property and its facilities were located next to the Duke Energy Substation off of Red Hill Church Road. South River was in the process of moving a substation closer to the northern territory. They served a good section of Chicora and residents on the other side of Cape Fear River. Chairman Joshua Schmieding asked if anyone was present to speak against the request. No one came forward. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, and unanimously approved by the Board that 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 those within the area. Board Member Jim Hartman made a motion in the affirmative, seconded by Nicholas Skatell, and unanimously approved by the Board that 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 a suburban area. Board Member Kathryn Moore made a motion in the affirmative, seconded by Jim Hartman, and unanimously approved by the Board that the proposal does enhance or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow for additional developments on that property that are currently not allowed due to the parcel being split-zoned. Board Member Rebecca Kelly made a motion in the affirmative, seconded by Nicholas Skatell, and unanimously approved by the Board that the request is for a small-scale rezoning and should be evaluated for reasonableness. • Reasoning: This rezoning request includes a single parcel to be zoned to be completely zoned under RD. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under 3 the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. • Reasoning: The parcel is currently split zoned making it challenging to develop. By rezoning to be entirely under the RD zoning classification it would allow for all permitted uses under said zoning district to occur. Board Member Jim Hartman made a motion in the affirmative, seconded by Nicholas Skatell, and unanimously approved by the Board that There is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district 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.) • Reasoning: The rezoning would place the entire parcel under RD and all permitted uses along with it. Furthermore, the parcel is not within the corporate limits of the Town. Board Member Kathryn Moore made a motion in the affirmative, seconded by Nicholas Skatell, and unanimously approved by the Board that there is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. • Reasoning: The parcel is currently split-zoned under both RD and R-15 zoning classification. This would ensure all RD classification and uses on the parcel. Board Member Rebecca Kelly made a motion in the affirmative, seconded by Nicholas Skatell, and unanimously approved by the Board that the proposed change is in accord with the Land Development Plan and sound planning principles. • Reasoning: The Erwin 2023 Land Use Plan has this parcel of land to be zoned under suburban classifications and the rezoning would solve the issue of being split-zoned. Board Member Nicholas Skatell made a motion that 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 and was seconded by Kathryn Moore. The Board voted unanimously. ZT-2024-002 Town Planner Dylan Eure stated that The Town of Erwin Staff wishes to request to rezone twelve 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 follows: • 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 4 • 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 Town Manager Snow Bowden stated the reason that Town Staff was requesting these rezonings was to be proactive and prevent a property owner from having to apply to have a split-zoned property rezoned in the future. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Rebecca Kelly, and unanimously approved by the Board that 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 those within the area. Board Member Jim Hartman made a motion in the affirmative, seconded by Kathryn Moore, and unanimously approved by the Board that 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 under mixed use that promotes residential and commercial uses. Board Member Kathryn Moore made a motion in the affirmative, seconded by Rebecca Kelly, and unanimously approved by the Board that 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. Board Member Rebecca Kelly made a motion in the affirmative, seconded by Jim Hartman, and unanimously approved by the Board that 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. Board Member Rebecca Kelly made a motion in the affirmative, seconded by Jim Harman, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under the proposed district classification would be in the general public interest and not merely in the interest of an individual or small group. • Reasoning: Parcels are currently split-zoned zoned and by rezoning would ensure that their current uses are permitted. Board Member Rebecca Kelly made a motion in the affirmative, seconded by Kathryn Moore, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the area included in the proposed change. (When a new district 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.) • Reasoning: All parcels are designated under the Erwin 2023 Land Use Plan to be either residential or mixed use. 5 Board Member Rebecca Kelly made a motion in the affirmative, seconded by Kathryn Moore, and unanimously approved by the Board that there is a convincing demonstration that the character of the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. • Reasoning: The rezonings would not alter the character of the neighborhood in any way. Rezoning’s would ensure clarity for owners and not take away rights that they currently have to their land. Board Member Rebecca Kelly made a motion in the affirmative, seconded by Jim Hartman, and unanimously approved by the Board that the proposed change is in accord with the Land Development Plan and sound planning principles. • Reasoning: All of the parcels that are included are designated to be mixed in the 2023 Erwin Land Use Plan for the purposes of residential and commercial. Board Member Rebecca Kelly made a motion that 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 and was seconded by Nicholas Skatell. The Board voted unanimously. Golf Course R-15 Permitted Use Town Planner Dylan Eure stated that this Text Amendment was simply to add Golf Courses to the permitted uses of R-15 and to add the definition of a golf course to our Code of Ordinances. This was merely a housekeeping item and to let Chicora know they are welcome in R-15. This amendment would not affect any other property in the area. Nicholas Skatell made a motion to recommend approval of adding Golf Courses to the permitted uses of R-15 and to add the definition of a golf course to our Code of Ordinances and was seconded by Kathryn Moore. The Board voted unanimously. R.O.W Maintenance Text Amendment Town Planner Dylan Eure stated that this Text Amendment would ensure that property owners are maintaining their portion of the right-of-way. He recommended the amendment of line seven. 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;”. He proposed amending the dictation to state: “Hedges, dense thorny shrubs, weeds, grass, brush, poisonous vegetation or any other overgrown/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;” Nicholas Skatell inquired whether there would be consequences if the property owner did not maintain their portion of the right-of-way. Town Planner Dylan Eure stated that would be a question for our Code Enforcement Officer. Kathryn Moore made a motion to recommend approval of amending item 7 of Article IV under Section 12-92 in our Code of Ordinances and was seconded by Nicholas Skatell. The Board voted unanimously. 6 ADJOURNMENT Prior to adjourning, Town Clerk Lauren Evans introduced Finance Officer Katelan Blount to the Planning Board. She informed the Board that Ms. Blount would be sworn in as Deputy Town Clerk at our March Town Board Meeting and would take over minutes for the Planning Board/Board of Adjustments going forward. Board Member Nicholas Skatell made a motion to adjourn the meeting at 7:34 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 7  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 Ricky W. Blackmon www.erwin-nc.org Commissioners Alvester L. McKoy Timothy D. Marbell OATH OF OFFICE Charles L. Byrd David L. Nelson William R. Turnage “I, Grace Watts, do solemnly swear (or affirm) that I will support and maintain the Constitution and laws of the United States, and the Constitution and laws of North Carolina not inconsistent therewith, and that I will faithfully discharge the duties of my office as In Town Planning Board Member of the Town of Erwin, so help me God.” ___________________________ Grace Watts Sworn To and Subscribed Before Me This 18h Day of March 2024. ______________________________ Katelan Blount Deputy Town Clerk 8  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Phone: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners 3/18/2023 Alvester L. McKoy Timothy D. Marbell Charles L. Byrd Red Hill Church Major Subdivision David L. Nelson Memorandum William R. Turnage Subdivision Description The Town of Erwin has received and preliminary major subdivision plat for 12 single- family homes zoned as RD (Rural District) to be built off of Red Hill Church Road located by its Harnett County Tax Pin 1507-47-5272 by the applicant Long Land Development. Said subdivision is within the Town of Erwin’s Planning Jurisdiction and approximately .6 of a mile north of the Town’s corporate limits and is 8.13 acres in size. Homes on said subdivision will have lot sizes varying from 25,000 Sq. Ft to 30,000 Sq. Ft. To access the said subdivision the developer intends to build a residential street built to NCDOT road standards and be later turned over to NCDOT for the maintenance of the road. Prior to the naming of the street and final plat submission the developer must ensure that there are no other roads sharing the same name within the Town through Harnett County. According to Harnett County GIS both watershed HUC8 and HUC12 go through the south of the property. Prior to the issuance of the final plat, a permit from North Carolina Department of Environmental Quality. Along with receiving approval from NCDEQ in regards to storm water due to the project being over 1 acre. Due to the fact that sewer is not accessible to the property all homes to be built must be on their own septic tank, which has already been approved by a licensed soil scientist. Regulation Per The Erwin Code of Ordinances subdivision section, along with RD zoning classifications all requirements for preliminary plats have been met and the produced residential lots are compliant with all RD zoning regulations including lot size, required frontage, and width. Required Improvements Prior to the final plat being submitted the applicant must show that they have made all of the required improvements per Erwin’s subdivision ordinances, meet all RD zoning regulations, and obtain the proper permits from affiliated agencies. Upon submission of the final plat the 9 applicant must have received approval from NCDEQ in regards to the Watershed affecting the property. Along with approval from NCDEQ in regards to storm water due to more than 1 acre being disturbed. The applicant must also have an approved permit from NCDOT stating that the roads are being constructed to NCDOT standards. A permit is also required from Harnett Regional Water stating that the waterlines to be extended to the property is constructed to HRW Standards. HRW has stated that in order to have the density/style of home that the applicant would like improvements will have to be made to HRW lines in regards to pressure for fire hydrants to obtain clearance from Harnett County Fire Marshall. The current gallons per minute for the nearest hydrant is 404.7 gpm and Harnett County Fire Marshall requires at least 500 gpm. Harnett Regional has stated that these improvements to increase water pressure have already been approved for later this year to increase the gpm to the required 500 gpm. If the improvements to the water lines are not made and the gpm is not met, then the development will require a specific upgrade to the water lines for the homes to be created within the subdivision increasing the gpm to the required 500 gpm to receive approval from the Harnett County Fire Marshall. Images 10 11 12 13 14 15 16 17 18 19 20 21 22  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index Parcels ZoningDistricts County Boundary Watershed HUC12 RD Address Numbers Watershed HUC8 ETJ GIS/E-911 Addressing RoadCenterlines 0 80 160 320 March 7, 2024 23 Feet  Harnett GIS NOT FOR LEGAL USE Harnett County GIS ² Flood Map Index RoadCenterlines Watershed HUC8 County Boundary Parcels Address Numbers Watershed HUC12 GIS/E-911 Addressing 0 80 160 320 March 7, 2024 24 Feet 25  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Accessory Dwelling Unit Amendment The Town of Erwin Staff has received a petition to amend its Code of Ordnances to allow for accessory dwelling structures in all residential districts by a Mr. Ricky Davis of BARZ holdings of whom owns rental properties within the Town of Erwin. Said amendment would add the proposed definition of accessory dwelling units to Chapter 36 Article 2 entitled definitions, along with the proposed regulations within the same chapter under Article XV entitled General Provisions. The purpose of the said petitioned amendment is to increase the amount of affordable living options for those who may be priced out by the market place. Said amendment was authored by the property owner (Rickey Davis) and was written by the Erwin Town Planner (Dylan Eure) as per the petition to amend the Erwin Code of Ordinances requires. Per the 2023 Erwin Land Use Plan Goal 1 LUH 4.2 states that accessory dwellings are too be allowed and are desirable to increase housing options. Proposed Regulation: Accessory Dwellings: 1. Accessory dwelling units are permitted as an accessory use to a residential use. 2. Only one (1) accessory dwelling is permitted per residency on lots less than 15,000 square feet, two (2) may be permitted per additional 15,000 square feet of property. Under no circumstance shall more than two (2) be placed on a single residential lot. 3. The maximum size of the accessory dwelling unit is lesser than fifty (50) percent of the living area of the principal structure or one thousand (1,000) square feet. 4. Accessory Dwelling must be a minimum of 10 feet from the side property and rear property lines or principal structure. Under no circumstance shall accessory dwellings be placed within the front setback. 5. Manufactured housing, campers, travel trailers, or any other recreational vehicles are not permitted for use as and accessory dwelling. 6. Must contain complete kitchen facilities including a stove/cook top and a full bath containing a lavatory, and tub or shower. 7. One off-street parking place shall be provided. 8. Accessory dwellings shall be built to North Carolina Building Standards or have been certified by a licensed engineer that the structure is suitable for habitation. 9. Accessory dwellings may be on the same water and utilities as the principal structure. 26  10. Any accessory dwelling unit that is being built must be done by a certificated general contractors as required per NC General Statute Chapter 87. Proposed definition of an accessory dwelling unit: A detached smaller, self-contained home that is subordinate to the principal structure and built to North Carolina Building Code for the purpose of occupying and or renting by the property owner. 27 28 29  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Phone: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 3/18/2023 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2024-003 William R. Turnage Erwin Highway Overlay District Memorandum Zoning Description The Town of Erwin wishes to create an additional zoning layer that reaches 600 ft in either direction from the center line along of U.S. 421 / E Jackson Blvd. The purpose of a Zoning Overlay District is to require additional development regulations for all non-residential and non- religious intuitions that may develop or expand in the future. Said additional regulations include dimensional standards, building materials, landscaping, parking, and sidewalk / street scape standards. Standards are designed to prevent areas of blight, reduce traffic coming on and off of U.S.421, minimize safety hazards, and promote overall community appeal and connectivity. This would not change the current zoning of the properties, but rather add an additional zoning layer for those who are above classified. Trade Offs The current language of the Overlay requires any affected groups or individuals to adhere to all of the proposed regulations. This would not only require regulations to take place along U.S. 421/E Jackson Blvd, but also parcels that are within the 600 ft of the center line of 421/E Jackson Blvd that front other streets. Such as NC 55, N13th, Masonic Rd, St. Matthews Rd, Professional Pkwy, and Shriji Ln. However, if deemed inappropriate the diction can be altered to only apply to 421. Due to the increased regulation this may cause local businesses to avoid development along US 421. By forcing adherence this will increase the amount of money that it will take to develop land along US 421 making it harder to start a businesses within the location of the affecting overlay. Methodology In order to create the Erwin Highway Overlay District a variety of municipalities were benchmarked and evaluated to establish a Highway Overlay District that would best fit the Town of Erwin. Municipal agencies that were used during the process of building the Erwin Highway Overlay District are Lillington, Coats, Dunn, Wake Forest, Knightdale and Kenly along with the previously discussed Med-Ed Corridor Overlay that was offered by the Mid-Carolina COG. Legality 30  North Carolina General Statue §160D-703 (4) empowers local governments to divide its jurisdiction into zoning districts including overlay districts in which different requirements are imposed on certain properties within one or more underlying conventional, conditional, or formed-based districts. Per NC General Statutes the Erwin Highway Overlay District is permissible by the State of North Carolina. 31 E.H.O.D. – Erwin Highway Overlay District A. Purpose It is the intent of the Highway Overlay to protect natural resources, provide landscaping improvements, ensure connectivity, ensure adequate walking spaces, and enhance the overall appearance of the corridors identified. Development standards from the Erwin Highway Overlay District apply to all parcels within 600 feet of the Right-of-way on both sides of the corridor. In cases where a portion of a tract of land lies within the overlay district, the entire tract shall fall into the same regulation as the overlay. The Erwin Highway Overlay District is established to: 1. Prevent unsightly conditions that may destroy or detract the natural character, beauty, or condition of the area. 2. Reduce the amount of traffic coming on and off of the corridors. 3. Minimize potential safety hazards that may exist along the corridors. B. Area of Applicability The major highway corridor of which is affected by Erwin’s Highway Overlay District is U.S. 421/E Jackson Blvd within only the corporate limits of the Town. Said overlay would impact all non-single family buildings and non-religious institutions including but not limited to businesses and multi-family dwellings. C. Specific Development Standards 1. Dimensional Standards a. At no time shall any development not face the nearest Right-of-way. All non-single family developments are required to front the nearest accessible Right-of-way, and be accessed internally. In the event of a parcel abutting two Right-of-ways, the buildings should face the heavier trafficked Right-of-way, and access via the Right-of-way, or by a newly constructed street. b. At no time shall any developments loading area face the public Right-of-way. All loading areas shall be located at the rear or side of the establishment as long as it does not face a public Right-of-way. c. For additional standards see the corresponding zoning jurisdiction in which a parcel is related to for setbacks requirements. 2. Building Materials a. At no time should any buildings be made entirely of materials that are prone to deterioration or weathering causing the building to become a blight throughout ageing. b. Buildings may be accented with other materials but are limited to twenty percent (20%) of the façade. c. To avoid blight, all non-residential facades shall be made of at least eighty percent (80%) one the following materials: i. Brick Masonry ii. Wood iii. Stone 32  iv. Architectural Concrete v. Vinyl Siding d. Facades to be prohibited: i. Metal 3. Landscaping Standards a. Parking lots, loading areas, and other vehicle use areas shall be planted with one (1) tree and (2) shrubs for every ten (10) parking spaces required. b. At least 65 percent (65%) of the required parking lot trees shall be large shade trees. c. Trees and shrubs shall be planted within 15 feet of the vehicle use areas. d. Developments containing 30 or more parking spaces, at least half or 50 percent (50%) of the trees and shrubs must be planted in islands or medians spaced throughout the parking area. e. A consecutive strip of parking places shall include landscape islands every 20 spaces apart and at the end of all parking rows. f. Land scape islands shall be grass and mowed, covered with organic materials (ex: pine mulch) g. For specific parking guidelines see Article XVIII entitled Parking and Loading within Chapter 36 of the Erwin Code of Ordinances. 4. Parking Lot Standards a. Developers of non-residential properties shall be required to have shared driveways and parking areas with adjoining developments. If there is no current adjoining development, the development shall make modifications for a future connection to be made by the adjoining developer. b. All areas designated for trash or refuse shall be screened from the public eye with a minimum height of 1 foot above the highest point of the trash receptacle. Materials for the screen shall be natural or made of masonry materials. (ex: wood, stone, or brick) c. For specific parking guidelines see Article XV entitled General Provisions Chapter 36 of the Erwin Code of Ordinances (Sec. 36-436. & Sec. 36-441.) 5. Sidewalk / Street Scape Standards a. Any non-single family development shall be required to install ADA compliant sidewalk along their portion of the Right-of-way upon development. If the property that is being developed does not abut a Right-of-way, then no sidewalk installation is required. b. Sidewalks shall be separated from the nearest Right-of-way by a minimum of a 5 ft. grass landscaping buffer compromised of street trees placed at 15 – 20 ft. increments. c. Areas located between sidewalks and parking areas shall be compromised of a minimum 4 ft. vegetation buffer containing grass. 6. Signage Standards a. All standalone signs shall be made of primarily masonry materials surrounded by a natural base of shrubs and other small plants. 33 b. For specific signage guidelines please see Article XIX entitled Sign Regulations within Chapter 36 of the Erwin Code of Ordnances. 34  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 from the owners private property into the public right-of-way to the edge of the street; Under no circumstances shall the administrator require the property owner to maintain vegetation placed or caused by the Town of Erwin.” 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: 35 (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 extending from the owners private property into the public right-of-way to the edge of the public street, on any occupied lot, 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 36 (9) Under no circumstances shall the administrator require the property owner to maintain vegetation placed or caused by the Town of Erwin either intentionally or unintentionally. 37  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Outdoor Storage Facilities Town Staff has prepared a proposed text amendment to Chapter 36 of the Erwin Code of Ordinances within Article 2 entitled “Definitions”. Said amendment would require all future outdoor storage locations to adhere to additional regulations dealing with setbacks, permitted location, and screening requirements. The purpose of this amendment is to ensure proper screening from possible unsafe equipment, limit aesthetic concerns, and prevent possible vandalization of vehicles / equipment. According to the 2023 Erwin Land Use Plan this is a actionable task under Goal 1, LUH 7. After benchmarking our current Code of Ordinances with the municipality of Kenly, NC it is my recommendation to amend our definition of outdoor storage facilities to include the following diction. 1. Outdoor Storage shall be entirely screened from the public right-of-way, public parking, or adjacent residential development by a 12ft 100 % opaque visual barrier. A 12ft Chain-linked fence with slats may be considered acceptable, except when facing residential development. 2. Outdoor Storage shall be located entirely in the rear or side of the development while still maintaining dimensional requirements. 3. Outdoor Storage shall not be within the designated yard space of the property. 4. Setbacks for said development will be measured at the start of open space not used for storage. Current Un-amended Diction: Outdoor storage means the placement or storage of goods, equipment, or materials outside of an enclosed building for a period of more than 48 consecutive hours. Outdoor storage shall include vehicles not for immediate sales and those not considered junk or abandoned. The term "outdoor storage" does not refer to vehicular sales and rental, licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use, including lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have a negative impact on the health, safety and general welfare of adjacent property owners and land uses. Proposed Amended Diction: 38 Outdoor storage means the placement or storage of goods, equipment, or materials outside of an enclosed building for a period of more than 48 consecutive hours. Outdoor storage shall include vehicles not for immediate sales and those not considered junk or abandoned. The term "outdoor storage" does not refer to vehicular sales and rental, licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use, including lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have a negative impact on the health, safety and general welfare of adjacent property owners and land uses. 1. Outdoor Storage shall be entirely screened from the public right-of-way, public parking, or adjacent residential development by a 12ft 100 % opaque visual barrier. A 12ft Chain-linked fence with slats may be considered acceptable, except when facing residential development. 2. Outdoor Storage shall be located entirely in the rear or side of the development while still maintaining dimensional requirements. 3. Outdoor Storage shall not be within the designated yard space of the property. 4. Setbacks for said development will be measured at the start of open space not used for storage. Example of acceptable chain linked fence: Example of acceptable opaque visual barrier: 39  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Penalty Amendment The Town of Erwin Staff wishes to amend Chapter 36 of the Erwin Code of Ordnances within Article XX (10) Administration and Enforcement, Section 36-584 Penalty. Said amendment would allow staff to enforce code and zoning regulations throughout the Town of Erwin. The way the current penalties are written limits the Town from issuing higher fines which will result in faster compliance with our ordinances. This effort is to begin the process of cleaning areas of towns and ensuring zoning regulations are being properly followed. Legality NC General Statues 14-4 (Violation of local ordinances misdemeanor) states that (a) Except as provided in subsection (b) or (c) of this section, if any person shall violate an ordinance of a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty of a Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).(b) If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required to pay a penalty of not more than fifty dollars ($50.00). (c) A person may not be found responsible or guilty of a local ordinance violation punishable pursuant to subsection (a) of this section if, when tried for that violation, the person produces proof of compliance with the local ordinance through any of the following: (1) No new alleged violations of the local ordinance within 30 days from the date of the initial alleged violation.(2) The person provides proof of a good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with the local ordinance. (1871-2, c. 195, s. 2; Code, s. 3820; Rev., s. 3702; C.S., s. 4174; 1969, c. 36, s. 2; 1985, c. 764, s. 2; 1985 (Reg. Sess., 1986), c. 852, s. 17; 1991, c. 415, s. 1; c. 446, s. 1; 1993, c. 538, s. 8; c. 539, s. 9; 1994, Ex. Sess., c. 24, ss. 14(b), 14(c); 1995, c. 509, s. 133.1; 2021-138, s. 13(c).) Un-amended Diction The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this article. 40 (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per violation. Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty in the amount of $100.00 per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. Amended Diction The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this article. (1)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty of up to $500.00 per violation. Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration of the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty ranging in the amount of $50.00 - $500.00 per day until such violation has reached compliance or the sum of penalties has reached the amount that it requires to fix said violations. Failure to pay the penalty within 15 days from the receipt of the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost of the action to be taxed by the court. Penalty Schedule: Citation Penalty Warning Citation N/A Official Citation $50 Second Citation $100 Third Citation $250 Fourth & Subsequent Citations $500 41  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Arcades; CB, M-1 – Permitted Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2, 8, and 11. Within the prior mentioned articles are the permitted uses in CB and M-1, along with definitions. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” therefore calling for increase uses within business districts. Therefore it is the Staff of Erwin recommendation that a definition of arcades be created along with their permitted uses in M1 (Industrial) and CB (Central Business). Proposed permitted uses to be added to M-1 and CB: • Arcades Proposed definition of arcades: • An establishment that is tailored to entertainment through forms of arcade games such as but not limited to pinball, air hockey, skee-ball, or any other electro-mechanical games, but does not include a casino, pool halls, electronic gaming operations, or any form of gambling. May contain areas for refreshments and food, however, not required. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 42  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Axe Throwing M-1, B2, CB – Permitted Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2, 8, 10, and 11. Within the mentioned articles are the permitted uses allowed in B-2, M1, and CB zoning districts along with definitions. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” therefore calling for increase uses within business districts. Therefore it is the Staff of Erwin recommendation that a definition of axe throwing facility be created along with their permitted uses in B-2 (Highway Business), M1 (Industrial), CB (Central Business). In order to create a definition and regulation of said axe throwing facilities the world axe throwing league was used. Proposed permitted uses to be added to B-2, M1, and CB: • Axe Throwing Facility Proposed Definition of an axe throwing facility: • A facility in which contains at least 3 (three) 12 ft. lanes with each being separated by a minimum 9 ft. tall fencing that is a minimum of 15 ft. long for the purpose of throwing axes/knives at a designated target for sport and recreation and may contain areas for refreshments food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 43  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Bowling Alley B-2– Permitted Use; M1 –Special Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2, 10, and 11. Within the mentioned articles are the permitted uses allowed in B-2 and M1 zoning districts along with definitions. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” therefore calling for increase uses within business districts. At the current time there is a singular bowling alley located within the Town of Erwin, however, there is not a clear definition nor an areas where they are a permitted use /special use. Therefore it is the Staff of Erwin recommendation that a definition of bowling alleys be created along with their permitted uses in B-2 (Highway Business) and special use in M1 (Industrial) zoning districts. Proposed permitted uses to be added to B-2: • Bowling Alleys Proposed special uses to be added to M1: • Bowling Alleys Proposed definition of a bowling alley: • A long narrow track of at least 5 lanes which balls are rolled down for the purpose of knocking down pins for competition or enjoyment and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 44  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Escape Room M-1, B2, CB – Permitted Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2, 8, 10, and 11. Within the mentioned articles are the permitted uses allowed in B-2, M1, and CB zoning districts along with definitions. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” therefore calling for increase uses within business districts. Therefore it is the Staff of Erwin recommendation that a definition of an escape room be created along with their permitted uses in B-2 (Highway Business), M1 (Industrial), CB (Central Business). Proposed permitted uses to be added to B-2, M1, and CB: • Escape Room Proposed Definition of an escape room: • A business in which creates rooms where individuals are voluntarily locked in a confined area requiring them to solve a series a puzzles before a certain amount of time expires. Site may contain food and refreshments; in order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 45  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Laser Tag; M1, B-2 –Permitted Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2, 10, and 11. Within the prior mentioned articles are the permitted uses in M1 and B-2 zoning districts along with definitions. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” therefore calling for increase uses within business districts. Therefore it is the Staff of Erwin recommendation that a definition of laser tag be created along with their permitted uses in M1 (Industrial) and in B-2 (Highway Business). Proposed permitted uses to be added to M1 and B-2: • Laser tag Proposed definition of laser tag: • An indoor recreational shooting sport where individuals use infrared-emitting light guns to tag designated targets and may contain areas for refreshments food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 46  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Pool Hall, B-2 - Special Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2 and 10. Within the mentioned articles are the special uses allowed within Erwin’s B-2 distirct, while providing a definition of a pool hall. At the current time there is a singular pool hall within the Town of Erwin, however, there is not a clear definition of a pool hall nor an area where they are permitted or seen as a special use. Due to this it is the belief of town staff that it is in the best interest of Erwin to address this issue. Therefore it is the staff recommendation that pool halls be added to the list of special uses within B-2 (Highway Business) while providing a definition for pool halls. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” this amendment should be approved. Proposed special uses to be added to B-2: • Pool Hall(s) Proposed definition of a pool hall: • An establishment that contains at least 2 or more pool/billiards tables with a pool table, cues, balls, racks, and that may contain areas for refreshments and food. In order to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 47  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: March 18, 2024 Subject: Rage Room M-1, B2, CB – Permitted Use Town Staff has prepared a proposed text amendment to Chapter 36 entitled Zoning under Article 2, 8, 10, and 11. Within the mentioned articles are the permitted uses allowed in B-2, M1, and CB zoning districts along with definitions. Per goal 2 within Erwin’s 2023 Land Use Plan that states to “promote the Town of Erwin to attract businesses and investment that increase the tax and create local jobs” therefore calling for increase uses within business districts. Therefore it is the Staff of Erwin recommendation that a definition of rage room be created along with their permitted uses in B-2 (Highway Business), M1 (Industrial), CB (Central Business). Proposed permitted uses to be added to B-2, M1, and CB: • Rage Room Proposed Definition of a rage room: • A business in which rents out rooms located within their building for the purpose of stress relief and venting anger in which items are destroyed and disposed of in a safe and cautionary manner. Site may contain a designated area for food and refreshments but are required, to sell alcoholic beverages the owner of the establishment must obtain a valid beer and liquor license from the North Carolina Alcoholic Beverage Control Commission (ABC). 48