Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, OCTOBER 21, 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 September 16, 2024 (Page 2) 3. OLD BUSINESS A. Urban Camping Ordinance (Page 10) 4. NEW BUSINESS A. Encroachment Amendment (Page 13) B. Village at Old Stage Subdivision Preliminary (Page 18) C. B-2 Outdoor Storage Amendment (Page 32) D. All-Way Stop Removal (Page 35) E. Erwin Appointed Board Updates (Page 39) 5. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, SEPTEMBER 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 Monday, September 16th, 2024 at 7:00 PM. Board members present were: Chairperson Joshua Schmieding, Vice Chairperson Ronald Beasley, In- Town Board Members Kathryn Moore, Jim Hartman and Rebecca Kelly, and Out-of-Town Board Members Howard Godwin and Nicholas Skatell. Board members absent were: In-Town Board Member Grace Watts, and In-Town Alternate Vanessa Lech. Town Manager Snow Bowden, Town Planner Dylan Eure, and Deputy Town Clerk Katelan Blount were present. Chairperson Joshua Schmieding called the meeting to order at 7:00 PM. Board Member Jim Hartman gave the Invocation. Board Member Nicholas Skatell led the Pledge of Allegiance. CONSENT ITEMS Board Member Nicholas Skatell made a motion to approve the minutes of August 19, 2024, and was seconded by Howard Godwin. The Board voted unanimously. OATH OF OFFICE Deputy Town Clerk Katelan Blount administered the Oath of Office for Joshua Schmieding, Chairperson. OLD BUSINESS Updates Town Planner Dylan Eure updated the Planning Board Members on the previous split zonings which had been approved by the Board of Commissioners. The additional split zonings would go before the Board at the October 10th 2024 meeting. Encroachment in Public ROW Town Planner Dylan Eure introduced Mr. Wesley Johnson, of Grain Dealers, who will be developing at the site of the old Mill. This request would be to install an HVAC unit. Board Member Rebecca Kelly asked if this would be bushes or a fence. Town Planner Dylan Eure explained that bushes would not be against any ordinance, but that the screening won’t to be decided until the Encroachment amendment is approved. Board Member Jim Hartman made a motion to approve the Accessory Structure amendment, which was seconded by Vice Chairperson Ronald Beasley. The Board voted unanimously. 2  Accessory Structures in ROW Town Planner Dylan Eure reminded the Planning Board Members that this was an amendment to the Code of Ordinances, Chapter 36, Article XV, Sections 36-419, to allow for accessories in the public right of way as long as an encroachment agreement is approved by the Board of Commissioners, and standards are met. Board Member Jim Hartman made a motion to approve the Accessory Structure amendment, which was seconded by Vice Chairperson Ronald Beasley. The Board voted unanimously. Fences in ROW Town Planner Dylan Eure reminded the Planning Board Members that this was an amendment to the Code of Ordinances, Chapter 36, Article XV, Sections 36-433, to allow for fences in the public right of way as long as an encroachment agreement is approved by the Board of Commissioners, and standards are met. Board Member Jim Hartman made a motion to approve the Accessory Structure amendment, which was seconded by Vice Chairperson Ronald Beasley. The Board voted unanimously. ZT-2024-004 Town Planner Dylan Eure presented this rezoning plan to the Board. This would correct the split-zoning of five parcels throughout Erwin, to their current or intended use. The parcels are as follows: -1507 Denim Drive- rezone to Full B-2 -104 County Ave- rezone to Full R-6 -1605 Denim Drive- rezone to Full R-6 -1601 Denim Drive- rezone to Full R-6 -HC Tax Pin 1507-400-4344.000- rezone to Full R-6 Town Planner Dylan Eure stated that after contacting the property owners, the owner of 1507 Denim Drive is the only one who wishes for their property to remain split-zoned. Board member Nicholas Skatell made a motion to table 1507 Denim Drive from this rezoning. The motion was seconded by Vice Chairperson Ronald Beasley. The Board voted unanimously. 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 re-zonings are compatible with the surrounding community and would not cause any inconvenience to those within the area, as this is the use they are currently being operated as. Board Member Nicholas Skatell 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 properties are assigned to be zoned under mixed use that promotes residential and commercial uses where appropriate. 3 Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, 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 Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, 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 11 parcels, all within the corporate limits of Erwin. 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 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 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 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. 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 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 Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, 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 where appropriate. Board Member Howard Godwin 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 Jim Hartman. The Board voted unanimously. NEW BUSINESS 4  Urban Camping Ordinance Town Planner Dylan Eure presented this proposed amendment to the Board. This would amend Chapter 36 within Article XV, Section 36-437, which would prohibit or limit public or private camping within the Town of Erwin. Board Member Ronald Beasley asked if this would allow tiny homes or camper vans. Town Planner Dylan Eure explained that it was not to allow either of these things. This would be to limit the number of days that residents could have a tent set up in their yard, typically for children to “camp”. Board Member Nicholas Skatell made a motion to table the Urban Camping Ordinance until next meeting to allow for revised time limits, which was seconded by Jim Hartman. The Board voted unanimously. ZT-2024-005 Town Planner Dylan Eure explained that this is a conditional zoning district application for apartment complexes on Professional Parkway’s undeveloped parcels. The plans for the project have adequate spacing, and all plans meet the requirements for the Town. The planners for the project have conferred with DOT to ensure there is nothing additional needed for road use. The following individuals were present to speak in favor of the project. -Ken Thompson, landscape architect. 510 S Wilmington St, Raleigh NC 27601 -Sean Brennan, traffic engineer. 5808 Farrington Place, Raleigh NC 27607 -Molly Cozart, attorney representing Rabbit Construction, attended via Zoom call. Mr. Ken Thompson stated that this project would be 5 buildings, each a 3 story walkup, 24 apartments in each building, with a total of 120 apartments. The buildings will be a mix of 2 and 3 bedroom apartments, and there will be an approximately 5,000sqft clubhouse, pool, grills, swings, basketball courts, and open play fields. The lighting plan has been completed by Duke Energy. Board Member Jim Hartman asked if there were elevation photos of the site. Mr. Thompson stated that they do not have current elevation but will at the next meeting. Board Member Ronald Beasley asked if there were any local projects that Mr. Thompson has worked on. Board Member Rebecca Kelly asked about the traffic study being three years old and if it was still considered valid. Discussion continued amongst the Board Members about the need for housing with the Town. Mr. Sean Brennan with ERMP, the firm that did the trip generation letter, spoke regarding the compliance with NCDOT. The numbers used were from the AADT, or the Annual Average Daily Traffic. The trip generation was done using current standards. Chairperson Joshua Schmieding asked if the side road that comes off Pope would be reopened for this project. Town Planner Dylan Eure explained that this specific area is on private property and does not have a right of way, so that would not be reopened for this project. 5 Mr. Brennan stated that the project is a low-trip generator, so they do not require a traffic impact analysis, as they are about 1/3 of the threshold put in place by NCDOT for that analysis. Board Member Ronald Beasley asked if there was an idea on what rents would be. Mr. Thompson stated that the completion date was at least 2 years out, and it was too early to put a future price on what rental costs would be at that point. Molly Cozart, attorney representing the applicant, Rabbit Construction, spoke from a Zoom call. She stated that this request was approved in 2023, and was ready to go to the Board of Commissioners for approval, but that Rabbit Construction decided to hold off until detailed site plans were ready before moving forward with this project. Multi-Family housing is permitted under R-6 Conditional District, and would be appropriate in this location, meeting all requirements. This would also be compatible with the Land Use Plan in 2023. This zoning request would help the growth of the town by providing needed housing to families, students at Campbell, and professionals. This will encourage and incentivize additional growth. Board Member Rebecca Kelly asked how many people they expected per apartment. Mr. Thompson replied that he was unable to answer that question due to not having control over specifics like that. Board Member Kathryn Moore asked if this was approved for rezoning, would this be what goes there, or would it possibly change? Mr. Thompson confirmed that this would be the project that would go there, no changes. Molly Cozart stated that she has stated to the member/manager at the medical office building, as well as the attorney of the other building, and they have expressed no issues, and have been pleasant to deal with in getting this project accomplished. Chairperson Joshua Schmieding asked if there was anyone to speak against the project. Michael Jackson, of 309 Saint Matthews Road, Erwin, came forward. He stated that his family owns multiple commercial properties in this area along 421/East Jackson Blvd and within eyesight of this project. He stated that he has no problem with apartments, and that Erwin needs projects like this. He stated that his issue is that he believes this is the wrong area for this complex to be built. This is one of the few undeveloped parcels of this size on East Jackson Blvd. This property was zoned commercial, not R-6. He stated that his concern is that anything allowable in R-6 would have to be allowed. With the housing project going in across East Jackson along Saint Matthews, he is concerned on the traffic impact. He stated that this is the corridor for Erwin to develop commercial properties, and Erwin’s future is on 421/East Jackson Blvd for commercial development. Chairperson Joshua Schmieding asked if there was anyone else to speak against the project. No one came forward. Chairperson Joshua Schmieding asked if there was anyone else to speak for the project. No one came forward. Board Member Ronald Beasley asked how water would be provided. 6 Town Planner Dylan Eure stated that the developer has spoken with Harnett Regional Water, and that HRW stated that the lines would be able to sustain the development with some upgrades to the current lines. The current line is a 6 inch main, which extends about halfway, and to meet the expected demand, they will have to tie into a main off of Pope Ave. Board Member Howard Godwin asked if they would be running a 2 inch or 6 inch main for this project. Town Planner Dylan Eure explained that the current main does go from a 6 inch to a 2 inch, but that the update from the Pope Street main will alleviate any issues and provide enough pressure for this project. Chairperson Joshua Schmieding confirmed that this was a conditional rezoning, so if the land continues to be undeveloped, or if significant changes were made to the project, would the zoning revert back to B-2? Town Planner Dylan Eure confirmed that there would have to be progress made and no major changes to the site plan, otherwise it would have to go back through the rezoning process again. Board Member Rebecca Kelly asked if there would be a public hearing about this. She stated that she doesn’t live too far from this proposed project, and wanted to know if residents in her area would be notified. Town Planner Dylan Eure stated that he would be sending letters to those within 100 feet of the property, in accordance with the ordinances. The Public Hearing would be advertised in the newspaper and on the Town website. Anyone is welcome to come to the public hearing. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) 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 to a conditional-use district for an apartment complex would not create any burdensome impacts on the surrounding neighbors due to screening. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) 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, high-density housing options, which include apartments, are to be along US 421 and are desired. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) that the proposal does enhance or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow for additional housing options within Erwin. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin)that the request is for a small-scale rezoning and should be evaluated for reasonableness. • Reasoning: This rezoning request includes 7 parcels, which are all along Professional Park. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) 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. 7  • Reasoning: The parcels in question are about a single-use only and are limited to multi-family dwellings. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) 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 conditional district zoning would only be for the use of multi-family dwellings which is designated in the Erwin 2023 Land Use Plan along US 421 and all developmental requirements are being followed. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) 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: According to the 2023 Erwin Land Use Plan, any high-density developments such as apartments shall be along US 421. Such use would not impact the feel of current neighborhoods. Board Member Ronald Beasley made a motion in the affirmative, seconded by Nick Skatell, and approved by the Board 4-2 (Rebecca Kelly and Howard Godwin) that the proposed change is in accord with the Land Development Plan and sound planning principles. • Reasoning: The Erwin 2023 Land Use Plan has the area under high-density for apartment complexes along with traditional commercial uses. Board Member Ronald Beasley made a motion that the requested rezoning from B-2 to an R-6 conditional district with special uses for multi-family dwellings is compatible with all of the town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan, the areas along 421 would be the best fit for high- density residential developments, which include apartment complexes. It is recommended that this rezoning request be Approved and was seconded by Nicholas Skatell. The Board approved 4-2 (Rebecca Kelly and Howard Godwin). Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that the use requested is listed among the special uses in the district for which the application is made. • Reasoning: Multi-family developments require a special use permit in the R-6 Zoning districts. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that the use requested is essential or desirable to the public convenience or welfare. • Reasoning: Approving would increase the amount of housing units currently in Erwin’s jurisdiction. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that the requested use will not impair the integrity or character of the surrounding or adjoining districts, and not be detrimental to the health, morals, or welfare of the general public. • Reasoning: There is no evidence that the proposed use of apartment complexes would be detrimental to the health, morals, or welfare of the general public. 8 Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that the requested use will be in conformity with the Land Development Plan. • Reasoning: According to Erwin’s 2023 Land Use Plan, apartment complexes are to be located off of US 421 and are to be encouraged. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that adequate utilities, access roads, drainage, sanitation, and/or other necessaryfacilities have been or are being provided. • Reasoning: The developer has been in contact with Harnett Regional Water about the potential development and has stated that if upgrades are needed, that they are willing to make said upgrades. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that adequate measures have been or will be taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. • Reasoning: The applicant has submitted a traffic impact study and the results would not cause any issues in relation to traffic congestion along Professional Park, nor would it require any additional modifications to the road. Board Member Nicholas Skatell made a motion in the affirmative, seconded by Kathryn Moore, that the special use shall, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified by the Board of Commissioners. • Reasoning: All aspects of the submitted site plan and other documents meet all of the requirements set forth by the Erwin Code of Ordinances. Board Member Nicholas Skatell made a motion that the special uses for multi-family dwellings is compatible with all of the town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan, the areas along 421 would be the best fit for high-density residential developments, which include apartment complexes. It is recommended that this Special Use be Approved and was seconded by Kathryn Moore. The Board approved 4-2 (Rebecca Kelly and Howard Godwin). ADJOURNMENT Board Member Ronald Beasley made a motion to adjourn the meeting at 8:08 PM and was seconded by Nicholas Skatell. The motion was unanimously approved. Minutes recorded and typed by Katelan Blount, Deputy Town Clerk ______________________________ ______________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 9  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: September 16, 2024 Subject: Urban Camping and Improper Use of Public and Private Places The Town of Erwin Staff wishes to amend Chapter 36 within Article XV Section 36-437 to prohibit and or limit public and private camping within the Town of Erwin and to add a definition of children to Article 2 of Chapter 36 Section 36-34. The proposed language reads as follows: Sec. 36-34 Definitions Children- A young human being below or at 18 years of age. Sec. 36-437 Living, Residing, Camping, or Sleeping in Open Air, Vehicles, and Tents. No Person shall engage in any act of living, residing, or sleeping in the open air or an automobile or vehicle, unless as allowed under Sec. 36-426 as an approved temporary dwelling. No person shall erect or cause to be erected on property within the town any tent or tenting material serving as a temporary dwelling or overnight accommodation. Children using tents on their parent's/guardian’s own property shall be excluded from this. Statement of Consistency The proposed text amendment 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. It is recommended that this text amendment be approved. Statement of Inconsistency (Only when denied) The proposed text amendment is NOT 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. It is recommended that this text amendment be denied. 10  Statement of Consistency Urban Camping Amendment The proposed text amendment is compatible with all the Town of Erwin’ regulatory documents, according to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 11  Statement of Inconsistency Urban Camping Amendment The proposed text amendment is NOT compatible with all the Town of Erwin’s regulatory documents, according to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be denied. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 12 13 14 15 16 17  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 10/21/2024 Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage The Villages at Old Stage Subdivision Memorandum Subdivision Description The Town of Erwin has received a preliminary major subdivision plat for 101 single- family homes zoned as RD (Rural District) to be built Old Stage and Avery Road located by Harnett County Tax pins 0588-82-5111, 0588-82-7366, 0588-82-0344, 0588-81-3955, 0588-81- 8885, 0588-811-0141, 0588-90-0944, 0588-81-9765, 0588-90-0073, 0587-89-5936, 0587-89- 6834, 0587-89-7730, 0587-89-9542. Said development is a total of 13 parcel totaling 90.95 acres, and the entirety is planned to be annexed into Erwin’s corporate limits upon construction. To access said development there will be a road constructed to Erwin’s road standards which would then be allocated to the town for future maintenance along with all Right-of-Ways included. Said development, does not contain any watersheds nor is any of the parcel in any potential flood hazard areas according to Harnett GIS. According to the site plan/ soil evaluation, there may be wetlands on the development, however, this would require further study on the behalf on the developer to ensure no wetlands are being disturbed and how they may mitigated from the Army Corp of Engineers. 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. Along with Erwin’s road and Right-of-Way requirements have been met. 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 18 applicant must have received approval from NCDEQ in regard to soil erosion. Along with approval from NCDEQ in regards to stormwater due to more than 1 acre being disturbed. They must also submit complete road construction plans that will be approved by Erwin’s civil engineer and have approved NCDOT encroachment permits for the said roads to be constructed along with water lines. A letter from Harnett Regional Water approving said water lines to be constructed must also be included to ensure lines will be up to HRW standards. Due to the parcel lacking the ability to connect to Harnett Regional sewer lines the said development will be on septic tanks and will also require approval from Harnett Health before final plat submittal. Sincerely, Dylan Eure Town Planner 19 20 21 22 23 24 25 26 27 28 


        Turlington-Johnson Land Partners P.O. Box 1027 Dunn, NC 28335 July 17, 2024 Mr. Dylan Eure Town Planner 100 West F. St. Erwin, NC 28339 RE: Owner’s Authorization for Proposed Development at Old Stage Road and Avery Road Dear Mr. Eure We hereby give consent to the below referenced agent/applicant to act on our behalf, to submit application, all required materials and documents and to attend all meetings and represent us at all meeting and hearings pertaining to all processes associated with the development and approval of the above refenced project as related to the parcels identified by the attached. AGENT/APPLICANT INFORMATION: Name – Mark W. Gramling Address - 3314 Jaeckle Dr., Unit 120 Vice President Land Development Wilmington, NC 28403 BRG Development, LLC OWNER’S AUTHORIZATION: Turlington-Johnson Land Partners a North Carolina partnership By: 
  Name: Date: By: 
  Name: Date: 29 


        By: 
  Name: Date: 30 31  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: October 21, 2024 Subject: Removal of outdoor storage in B-2 The Staff of the Town of Erwin wishes to amend it Code of Ordinances, Specifically Chapter 36 within Article X Section 36-274 entitled “Special Uses” within the B-2 business district to remove outdoor storage as a special use. As well as Article XV entitled General Provisions Section 36-435 for the same purpose. This amendment will still allow outdoor storage as a special use within Erwin’s M-1 industrial district. Proposed item to be removed from Sec. 36-274 • Outdoor storage of vehicles, equipment, or material. Proposed amended Sec. 36-435 • Outdoor storage of goods, equipment, and materials shall be prohibited in all districts except the B-2 Highway Business District and the M-I Industrial Zoning District as a conditional use as provided within Article III, map and zoning districts of this chapter. Statement of Consistency The proposed text amendment 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. It is recommended that this text amendment be approved. Statement of Inconsistency (Only when denied) The proposed text amendment is NOT 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. It is recommended that this text amendment be denied. 32  Statement of Consistency Removal of Outdoor Storage in B-2 Zoning The proposed text amendment to remove outdoor storage in B-2 Zoning is compatible with all the Town of Erwin’ regulatory documents, according to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 33  Statement of Inconsistency Removal of Outdoor Storage in B-2 Zoning The proposed text amendment to remove outdoor storage in B-2 Zoning is NOT compatible with all the Town of Erwin’ regulatory documents, according to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be denied. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 34  Erwin Planning Board REQUEST FOR CONSIDERATION To: The Erwin Planning Board Members From: Snow Bowden, Town Manager Date: October 21, 2024 Subject: All-Way Stop Intersection Memo At our last Planning Board meeting one of the all-way stop intersections was brought up. The all-way stop intersection at St. Matthews Road and Pope Street in particular. There are factors that I believe that we need to consider before making any decisions about this intersection such as the potential impact of a new business that will be accessed off of St. Matthews road from Shriji Lane (right behind Aarons). The parking lot to the new business will also have access to the MainStreet Family Care Urgent Care Facility. Once the word gets out about the interconnectivity of both of these parking lots people coming from the City of Dunn will turn left onto St. Matthews Road and then turn right onto Shriji Lane to access MainStreet Family Care instead of going past the business and making a U-turn at the next possible intersection off of HWY 421. We do not need to just take these down because some people do not like them. They serve a purpose. I have had conversations with people that live off of St. Matthews Road that want the all-way stop intersections taken down as well. I have also spoken with numerous residents off of St. Matthews Road that like having both all-way stop intersections. It is not a good idea to just take them down because a few people do not like them. The Town hired a firm to prepare a study on our streets taking into account items such as shoulder width, how close structures are to the road and other factors. The firm did not deliver what we requested. We basically got a report similar to the Manual on Uniform Traffic Control Devices. In order to take down the all-way stop intersection at Pope Street and St. Matthews Road we will have to hold a public hearing since it requires a text amendment to our Town Code. The Town will need data to justify taking the all-way stop intersection down. I have had discussions with some of you about other intersections in the Town of Erwin in the past. In my opinion, it would be best for the Town of Erwin to hire a traffic engineer to analyze this intersection and any other potential intersections at one time. Do you have any other intersections that you want us to consider? I will hire the traffic engineer as soon as possible. We will present the data to all of you once we receive it. In my opinion, this is the best route forward versus making a decision with no data at all and just opinions. 35  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: October 21, 2024 Subject: Removal of Three-way Stop at Pope St. and St. Matthews At the request of the Planning Board, the Town of Erwin Staff wishes to amend Chapter 36 within Appendix 1 entitled Traffic Section 109 to reduce the three-way stop at the intersection of Pope St. and St. Matthews Rd. Said reduction would leave a stop coming from Pope St. (West) while removing the stops on St. Mathews Rd (North and South). Current Regulations: Stop 206 St. Matthews Rd. Pope St. North Stop 207 St. Matthews Rd. Pope St. South Stop 208 St. Matthews Rd. Pope St. West Proposed Change: Stop 206 St. Matthews Rd. Pope St. North Stop 207 St. Matthews Rd. Pope St. South Stop 208 St. Matthews Rd. Pope St. West Statement of Consistency The proposed text amendment 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. It is recommended that this text amendment be approved. Statement of Inconsistency (Only when denied) The proposed text amendment is NOT 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. It is recommended that this text amendment be denied. 36  Statement of Consistency Removal of Three-Way Stop at Pope St. and St. Matthews Rd. The proposed text amendment is compatible with all the Town of Erwin’s regulatory documents, according to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 37  Statement of Inconsistency Removal of Three-Way Stop at Pope St. and St. Matthews Rd. The proposed text amendment is NOT compatible with all the Town of Erwin’s regulatory documents, according to Erwin’s 2023 Land Use Plan and Erwin’s Code of Ordinances. It is recommended that this text amendment be denied ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 38  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: Oct 21, 2024 Subject: Updates to Erwin’s Appointed Boards Town staff wishes to amend several sections of Erwin’s appointed board ordinances for the reason of updating the existing regulations to what Erwin currently uses and practices. This also brings Erwin's ordinances in line with many other municipalities in the area. Said items that wish to be amended are as follows: • When new members are inducted and when their terms expire. • Attendance policy. • When the chair and vice chair and elected. • When members can be reappointed. • Authority granted by NC General Statues to planning boards. • The amount of terms members serve consecutively. • Member removal for inefficiency. • Member compensation when acting as the Board of Adjustment. The first 4 are broad amendments that not only apply to the Erwin Planning Board but also to any other board created by the Erwin Board of Commissioners. The last 4 relate directly to the Erwin Planning Board/ Board of Adjustment. 39  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: October 21, 2024 Subject: Erwin Appointed Board Updates The Town of Erwin Staff wishes to amend Chapter 2 Article VII Section 2-194, 2-196,2-198,2- 200, as well as Article VIII Section 2-228, 2-229, 2-231, and 2-232 to reflect the current practices used to govern the Erwin Planning Board and Board of Adjustment. Said amendments are as follows: Current 2-194: The term of office for each appointed member shall last from the date of appointment until June 30 of the remaining term. New members normally take office as of the July meeting of the Board of Commissioners. Proposed 2-194: The term of office for each appointed member shall last from the date of appointment until their three-year term ends. Current 2-196: An appointed member who fails to attend more than one scheduled meeting and a minimum of 80 percent of all scheduled meetings in any given calendar year automatically loses their status as a member of the board or commission, provided that these absences are unexcused. Absences due to sickness, death or other emergencies of like nature shall be regarded as approved absences and shall not affect the member's status on the commission or board, except that in the event of a long illness or other cause for prolonged absence, the member may be replaced. Proposed 2-196: An appointed member who fails to attend more than two consecutive scheduled meetings in any given calendar year may be recommended to the board of commissioners for removal, provided that these absences are unexcused. Absences due to sickness, death or other emergencies of like nature shall be regarded as approved absences and shall not affect the member's status on the commission or board, except that in the event of a long illness or other cause for prolonged absence, the member may be replaced. 40 Current 2-198: There shall be a chairperson and vice-chairperson of each board or commission. An annual election of the chairperson and vice-chairperson shall be held by the board or commission members and shall occur at a regular monthly meeting in July. Officers shall serve for one year from election with eligibility for reelection. New officers shall take office at the subsequent regular meeting in August. In the event an officer's appointment to the board or commission is terminated, a replacement to this office shall be elected by the remaining members, from its membership, at the meeting following the termination. The town manager or the manager's assign shall serve as secretary of the board or commission or shall appoint a member of the advisory commission to do this work for the manager. Proposed 2-198: There shall be a chairperson and vice-chairperson of each board or commission. An annual election of the chairperson and vice-chairperson shall be held by the board or commission members and shall occur at a regular monthly the following year meeting in July. Officers shall serve for one year from election with eligibility for reelection. New officers shall take office at the subsequent regular meeting in August. In the event an officer's appointment to the board or commission is terminated, a replacement to this office shall be elected by the board of commissioners. at the meeting following the termination. The town manager or the manager's assign shall serve as secretary of the board or commission or shall appoint a member of the advisory commission to do this work for the manager. Current 2-200: A member of a board or commission may be re-appointed by the governing board to one subsequent term. However, after serving a second term, the member may not be re-appointed to the board until a period of one year elapses, after which the member may again serve up to two terms. This process may continue until such time as the member resigns from the board or commission or is not re-appointed by the governing board. Proposed 2-200: A member of a board or commission may be re-appointed by the administrative official to one subsequent term. However, after serving a second term, the member may not be re-appointed to the board until a period of one year elapses, after which the member may again serve up to two terms. This process may continue until such time as the member resigns from the board or commission or is not re-appointed by the governing board. Current 2-228: A town planning board is hereby created under the authority of the G.S. ch. 160A, article 19. Proposed 2-228 A town planning board is hereby created under the authority of the G.S 160D-301, Article 3. 41 Current 2-229 The planning board shall consist of eight members who shall be citizens and residents of the town and shall be appointed by the board of commissioners for staggered terms, with a full term being three years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. Proposed 2-229: The planning board shall consist of eight members who shall be citizens and residents of the town and shall be appointed by the board of commissioners for staggered terms, with a full term being three years. Vacancies occurring for reasons other than expiration of terms shall be filled as they occur for the period of the unexpired term. In the case of expiration of terms, the appointee may be re-appointed by the administrative official, unless this is the appointee's second term. If it is the appointee's second term the member may not be reappointed to the board until a period of one year elapses, after which the member needs to be re-appointed by the board of commissioners. Current 2-231: Members of the planning board may, after a public hearing, be removed by the board of commissioners for inefficiency, neglect of duty, or malfeasance in office. Proposed 2-231: All members of the Erwin Planning Board shall serve at the pleasure of the Town Board of Commissioners, regardless of the terms for which appointed, and the Town Commission may at its discretion at any time remove any members for any reason, including but not limited to inefficiency, neglect of duty, lack of attendance, or malfeasance in office. Current 2-232: All members of the planning board shall serve without compensation Proposed 2-232: All members of the planning board shall serve without compensation unless acting as the board of adjustment. In the case where the planning board is acting as the board of adjustment, they shall be compensated. Said compensation shall be determined by the Town Manager on a yearly basis. Statement of Consistency 42 The proposed text amendment 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. It is recommended that this text amendment be approved. Statement of Inconsistency (Only when denied) The proposed text amendment is NOT 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. It is recommended that this text amendment be denied. 43  Statement of Consistency Erwin Appointed Board Update The proposed text amendment to clarify appointed Board positions is compatible with all the Town of Erwin’s regulatory documents, according to Erwin’s Code of Ordinances. It is recommended that this text amendment be approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 44  Statement of Inconsistency Erwin Appointed Board Update The proposed text amendment to clarify appointed Board positions is NOT compatible with all the Town of Erwin’s regulatory documents, according to Erwin’s Code of Ordinances. It is recommended that this text amendment be disapproved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 45