Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, NOVEMBER 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 October 21, 2024 (Page 2) 3. OLD BUSINESS A. Updates 4. NEW BUSINESS A. ZT-2024-007 (Page 8) B. Fence Regulations Amendment (Page 48) C. Subdivision Public Notice Amendment (Page 51) 5. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, OCTOBER 21, 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, October 21st, 2024 at 7:00 PM. Board members present were: 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: Chairperson Joshua Schmieding. Town Manager Snow Bowden, Town Planner Dylan Eure, and Deputy Town Clerk Katelan Blount were present. Vice Chairperson Ronald Beasley called the meeting to order at 7:00 PM. Board Member Nicholas Skatell gave the Invocation. Board Member Kathryn Moore led the Pledge of Allegiance. CONSENT ITEMS Board Member Nicholas Skatell made a motion to approve the minutes of September 16, 2024, and was seconded by Rebecca Kelly. The Board voted unanimously. OLD BUSINESS Urban Camping Town Planner Dylan Eure updated the Planning Board Members on the previously presented proposed Urban Camping ordinance. He has made the previously requested changes to allow children to camp within a parent or guardian’s yard without a time limit. Board Member Howard Godwin made a motion to approve the Urban Camping amendment, which was seconded by Nicholas Skatell. The Board voted unanimously. NEW BUSINESS Encroachment in Public ROW Town Planner Dylan Eure introduced Mr. Wesley Johnson, of 2965 Hobson Rd, Dunn, was present to speak. Mr. Johnson, as the owner of Grain Dealers, spoke in reference to developing at the site of the old Mill. This request would be to install an HVAC unit, with an encroachment along Chief Joseph Lane. Mr. Johnson stated that they are trying to preserve the character of the building while still be able to accomplish the needs of the chillers for the brewery. The Board had no questions for Mr. Johnson. 2 Board Member Jim Hartman made a motion to approve the Encroachment amendment, which was seconded by Kathryn Moore. The Board voted unanimously. Villages at Old Stage Subdivision Preliminary Town Planner Dylan Eure presented this requested preliminary subdivision to the Board. This is for 101 single-family homes, zoned as RD (Rural District) to be built at Old Stage Road and Avery Road. This can be located by the following Harnett County Tax PINs: 0588-82-5111.000, 0588-82-7366.000, 0588-82-0344.000 , 0588-81-3955.000, 0588-81-8885.000, 0588-81- 0141.000, 0588-90-0944.000, 0588-81-9765.000, 0588-90-0073.000, 0587-89-5936.000, 0587-89-6834.000, 0587-89-7730.000, and 0587-89-9542.000. The subdivision would be totaling 90.95 acres, and the developer is planning to annex the subdivision in its entirety into the corporate limits of Erwin. The developer, Mr. Mark Grambling, of BRG Development, was present to speak to the Board and answer any questions. Board Member Rebecca Kelly asked if there would be 2 entrances off Old Stage Road, and 1 off of Old Stage Road, and if that would impact wetlands. Mr. Grambling confirmed that the entrances she asked about were correct, but no, it would no interfere with any wetlands. A member of the audience asked when the neighboring parcels were going to be notified of this. Town Planner Dylan Eure explained that due to the zoning classification, without need for rezoning, and that it is a residential subdivision, the developer has a right to subdivide without notification to neighboring properties. He explained that once the preliminary plat is approved, the more formal surveys will take place to ensure that there aren’t wetland disturbances. Board Member Rebecca Kelly asked about the map on page 28, showing wetlands. Mr. Grambling clarified that the map on page 28 is not wetlands, it is a soil designation map, for septic fields. He stated that they just recently, within the past week, had the parcels flagged for wetlands, and do not currently have a map available. Board Member Jim Hartman asked if they plan on using private septic, or any sewer. Mr. Grambling stated that there are no sewer lines in that area, it would all be private septic and public water. Board Member Jim Hartman asked if there would be any improvements or upgrades to infrastructure, such as waterlines. Mr. Grambling stated that there would be no necessary upgrades at this time. Town Planner Dylan Eure explained that the preliminary plat is just to ensure that the development would meet our requirements for lot size, etc. There would be more requirements as the process goes along but this is just the preliminary. 3 Board Member Jim Hartman asked if there would be any turn lanes required. Mr. Grambling stated that the DOT has already stated there would be no requirement for a traffic analysis for this subdivision. Board Member Rebecca Kelly asked about the annexation. Town Planner Dylan Eure explained that the annexation for 4 parcels will take place in June 2025, and as the development progresses, they expect the remaining parcels to be annexed as well as the roads will be built to Town standards. Board Member Jim Harman asked if it would just be the subdivision that would be annexed. Town Planner Dylan Eure stated that yes, only the subdivision. North Carolina prohibits any forced annexation. He also explained that this request, while preliminary, meets all the Town of Erwin standards, so there is not much to keep the subdivision from being approved at the time of this meeting. Mrs. Tiffany Edwards of 3567 Old Stage Road South asked where the children that will possibly be moving into this subdivision would be attending school. She expressed that we don’t have enough teachers and bus drivers currently, how will it work when the Town adds additional residents? Vice Chairperson Ronald Beasley stated that this would be a question for the Harnett County Schools, rather than Erwin, since the Town doesn’t manage the schools. Mr. Tyrus Clinton of 3030 Old Stage Road South spoke regarding the subdivision. He stated that he’s been a resident for about 20 years, and moved from within Town limits to be in a rural area. He stated that he is a civil engineer and has some concerns. Avery Road is in poor shape, and is narrow. He is concerned what the development will do with the access to US Hwy 421. He also expressed concern of the water supply as the water supply is currently a 6-8” waterline, which is small for the size of the development. Over half the lots are also provisionally unsuitable for septic systems. There is also concern for storm water control measures and runoff. Overall, he is concerned about the density and character of the community as it currently is. Town Planner Dylan Eure stated that most of these concerns will be addressed in the coming months in the final plat. This is currently the preliminary plat and will not have all this information yet, but rather just meeting the basic requirements for lot size. Mr. Michael Mulcahy of 3431 Old Stage Road South spoke regarding the preliminary plat. He expressed that he and his family have been in the Erwin area for many years. He expressed displeasure that the neighbors weren’t notified about the subdivision. The overcrowding of schools is something that all residents will have to deal with, and Erwin Elementary School is already almost at capacity. This shouldn’t be only considered a problem for Harnett County. He stated that he chose Erwin to settle because of the quiet way of life, and this subdivision will disrupt that. There is a concern that the trees on his property will be cut because they will be along the entrance to this subdivision. Mr. Grambling stated that he would be happy to come out to the property and address any questions like this with Mr. Mulcahy. Mr. Michael Mulcahy then stated he has questions about the retaining pond that will be next to his property. He has concerns about the additional mosquitoes, wildlife, and snakes that he will have to then deal with. 4 Mrs. Ashley Edwards stated that she also has concerns about the retaining pond since she has children and pets and the drowning risk. Mr. Grambling stated that those locations for the retaining ponds are currently preliminary and could move based on the recommendations of their engineer. Mr. Michael Mulcahy stated that he will be looking into any legal loophole and statute to oppose this subdivision. Nobody else came forward to speak regarding the subdivision preliminary plat. Chairperson Ronald Beasley asked the Board if they had any questions. An audience member asked if we knew the square footage of the homes at this time. Town Planner Dylan Eure stated that because this was a preliminary plat, we did not have that information yet. Housing permits won’t be issued until the final plat is approved. Mr. Grambling stated that the homes would range in size from 1700-2600 sqft, both one and two story, on lots that are 25,000- 30,000sqft lots. The minimum lot size is 20,000sqft. Mr. Tyrus Clinton asked who the builders would be. Mr. Grambling stated that they’re speaking to multiple builders and don’t have a specific builder as of yet. Board Member Rebecca Kelly asked what the recourse of the Planning Board is. She stated that she understood that the Planning Board would have to approve this, and asked if that was correct. Town Planner Dylan Eure stated that was correct; as long as the preliminary subdivision plat meets the requirements and standards laid out by the Town of Erwin, the Planning Board would have no reason to deny this request. There would be more in-depth information in the final plat. Mr. Tyrus Clinton stated that he disagreed, and that the Town can recommend approval but that the Board can vote however they feel and based on opinion. If they don't feel like there is enough information, they can table the request until they have more detail, and that this is not a final verdict. Mr. Grambling spoke to that point. He stated that he has Mr. Clinton was correct in that this is a recommendation for or against that goes to the Board of Commissioners, but that this is just a preliminary plat, and most of the final details are not yet available and won't be until a preliminary is approved. He stated that related to the zoning permits and requirements of the ordinances, that this proposed project as met all of the requested documentation in order to meet approval. Board Member Rebecca Kelly asked if the developer has the right to use to land as proposed, and if the Town would be open to a possible lawsuit for denying based on the current information. Board Member Grace Watts encouraged the Planning Board to vote based on their conscience. A member of the audience asked why Harnett County would not be providing sewer to that area. She stated that when she purchased land years back, they promised the residents sewer and haven't provided that. Vice Chairperson Ronald Beasley stated that questions would have to be asked of Harnett Regional Water. He explained that the preliminary plat has no reason to not be approved, but that that doesn't mean ground will be broken tomorrow. 5 Mr. Michael Mulcahy asked for clarification on the annexed portions of the development. He asked if the police got called to the development, if Erwin Police would respond. Vice Chairperson Ronald Beasley stated yes, that it would be within the Erwin City Limits. Mrs. Tiffany Edwards asked if her home being right next to the development would have to be serviced by Harnett County Sheriff's Office. Vice Chairperson Ronald Beasley stated yes, she would be within the county and would therefore use County services. He explained that it was different jurisdictions. A member of the audience asked why, if the property has not been annexed, and is therefore not a part of the Town of Erwin, why this would be going to the Board for approval in the first place. Town Planner Dylan Eure stated that the parcels are within the Town of Erwin's ETJ, or Extra Territorial Jurisdiction, which extends one mile outside the corporate limits of the Town of Erwin. There was discussion regarding the pros and cons of annexation, and the process for annexation. An audience member asked if there would be notification of further action on this development. Town Planner Dylan Eure stated that while the Town wouldn't be sending out specific notification, the Town website will have all information and agendas for the upcoming Board of Commissioners meetings,. Alternatively, he is available via email or by phone call with any questions. There was discussion on residents of the ETJ and what their rights within the Town are. Mr. Tyrus Clinton stated that there was just so much information missing and that the Planning Board should be requiring this information prior to making and informed decision. There was discussion regarding the application process and the requirements of the preliminary plat. Town Planner Dylan Eure stated that the final plat would contain all the utility information, stormwater information, DEQ information, and all other requirements. Vice Chairperson Ronald Beasley explained that the preliminary would go to the Board of Commissioners, then if that gets approved, the final plat would move forward and would eventually come back before the Planning Board, and then back to the Board of Commissioners for final approval. There was additional discussion about notification of subdivision taking place vs zoning notification, and ETJ members. There was a motion, made by Board Member Nicholas Skatell, to approve the preliminary plat. The motion was seconded by Kathryn Moore. The Board voted 3 for (Nicholas Skatell, Kathryn Moore, and Rebecca Kelly) and 3 against (Grace Watts, Howard Godwin, and Jim Hartman). The tie was broken by Vice Chairperson Ronald Beasley, who voted for. The Villages at Old Stage Subdivision Preliminary Plat passed. Removal of Outdoor Storage in B-2 Town Planner Dylan Eure presented this request to the Board, stating that the Town wishes to amend is currently Code of Ordinances, specifically Chapter 36, Article X, Section 36-274, entitled "Special Uses" within the B-2 business district to remove outdoor storage as a special use. He explained that this would not pertain to storage unit businesses. 6 Board Member Jim Hartman made a motion to approve the removal of Outdoor Storage in B-2, which was seconded by Nicholas Skatell. The Board voted unanimously. All-Way Stop Intersections Town Manager Snow Bowden presented this memo to the Board. This would specifically refer to Saint Matthews Road and Pope Road. He stated that before making a decision to remove the all way stops, the Town should consider getting data regarding the all way stops. He stated that with the developments coming soon, we should not make a decision just because we don't like having the stops. Board Member Jim Hartman made a motion to table this until we can have more data to support a decision. The motion was seconded by Howard Godwin. The Board voted unanimously. Updates to Erwin's Appointed Boards Town Planner Dylan Eure presented this proposed amendment to the Board. This would amend several sections of Erwin's appointed Board ordinances for the reason of updating the existing regulations to what Erwin currently uses and practices. It would also bring the ordinances in line with many other municipalities in the area. Amended items include but are not limited to: attendance policy, amount of terms members serve consecutively, removal for inefficiency, and compensation when acting as the Board of Adjustments. Board Member Kathryn Moore made a motion to approve the updates to the Erwin Appointed Boards, which was seconded by Nicholas Skatell. The Board voted unanimously. ADJOURNMENT Board Member Nicholas Skatell made a motion to adjourn the meeting at 8:06 PM and was seconded by Kathryn Moore. The motion was unanimously approved. Minutes recorded and typed by Katelan Blount, Deputy Town Clerk ______________________________ ______________________________ Ronald Beasley Katelan Blount Vice Chairperson Deputy Town Clerk 7  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: November 18, 2024 Subject: ZT-2024-007 Rezoning description The Town of Erwin has received a request to rezone a parcel located by its physical address of 4507 NC 55 Erwin, NC 28339. Currently this parcel is zoned as RD. Said petition would rezone the above parcel to be entirely under B-2 zoning classification. The parcel size is 3.47 acres and currently is occupied by a daycare. If the property is rezoned it would have no effect on the currently operating day care as daycares are a permitted use within the B-2 zoning classification. From discussions with the developer they have stated that 2.47 acres are to be subdivided from the property for the construction of a retail store if the rezoning is approved. Site Description & Surrounding Uses A single parcel located at the intersection of NC55 and Maynard Lake Rd of which both are maintained by North Carolina Department of Transportation. According to NCDOT this area is also set to be the future 421 bypass. The parcel is currently occupied by a daycare facility and if the rezoning would be approved there would be no effect to the current operation. According to Harnett GIS the property is approximately 3,200 ft or .62 of a mile to the north of Erwin’s corporate limits. There are Harnett County water lines located on both NC 55 (12 inch main) and Maynard Lake (6 inch main) with a gravity fed sewer lines coming off NC 55. GIS has no recorded easements on the property nor are watersheds, wetlands, or flood zones. The surrounding land uses are RD and are comprised of a mobile home park and agricultural uses to the west, a church to the northeast, a learning center/preschool to the east, and single family residential to the north and south. Compatibility The requested rezoning from RD to B-2 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 B-2 zoning classification would best serve the above stated parcel. 8  REZONING MAP REQUEST STAFF REPORT Case: ZT-2024-007 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 11/18/2024 Town Commissioners: 01/02/2025 The Town of Erwin has received a request to rezone a parcel located by its physical address of 4507 NC 55 Erwin, NC 28339. Currently this parcel is zoned as RD. Said petition would rezone the above parcel to be entirely under B-2 zoning classification. The parcel size is 3.47 acres and currently is occupied by a daycare. If said rezoning is approved the parcel would be subdivided in order to construct a retail establishment and would have no impact on the daycare in operation. Applicant Information Owner of Record: Name: Dayna & Steve Murphy Address: 175 Drum Inlet. City/State/Zip: Morehead City, NC 28557 Applicant: Name: Rhetson Companies, Inc. Address: 2075 Juniper Lake Road City/State/Zip: West End, NC 27376 Property Description • Harnett County Tax Pin #0598-92-2261 • 3.47 acres Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: 9 A single parcel located at the intersection of NC55 and Maynard Lake Rd of which both are maintained by North Carolina Department of Transportation. According to NCDOT this area is also set to be the future 421 bypass. The parcel is currently occupied by a daycare facility and if the rezoning would be approved there would be no effect to the current operation. According to Harnett GIS the property is approximately 3,200 ft or .62 of a mile to the north of Erwin’s corporate limits. There are Harnett County water lines located on both NC 55 (12 inch main) and Maynard Lake (6 inch main) with a gravity fed sewer lines coming off NC 55. GIS has no recorded easements on the property nor are watersheds, wetlands, or flood zones. Surrounding Land Uses: The surrounding land uses are RD and are comprised of a mobile home park and agricultural uses to the west, a church to the northeast, a learning center/preschool to the east, and single family residential to the north and south. Services Available • Harnett County Water & Sewer • Erwin Fire • Harnett County EMS • Harnett County Sheriff • Duke Energy for electric • Brightspeed for telecommunications Staff Evaluation The applicant has requested to have a single parcel rezoned from RD (Rural District) to B-2 (Highway Business) Staff Evaluation Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. 10  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. 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.) 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. The proposed change is in accord with the Land Development Plan and sound planning principles. Statement of Consistency The requested rezoning from RD to B-2 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 B-2 zoning classification would best serve the above stated parcel. It is recommended that this rezoning request be Approved. Attachments: • ZT-2024-007 Application • Harnett County GIS Image with zoning districts • Harnett County GIS Image without zoning districts • Adjacent property owner sheet • Public notice letter sent to adjacent property owners 11 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Gravity Parcels Address Numbers Road Centerlines 2-5 NC Harnett.org/GIS 6 - 36 Ingress_Egress October 31, 2024 0 12 Feet 160 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Gravity Parcels Address Numbers Road Centerlines RD 2-5 NC Harnett.org/GIS 6 - 36 Ingress_Egress October 31, 2024 0 13 Feet 160 14 15 Mr. Snow Bowden Town Manager Town of Erwin 100 West F Street Erwin, NC 28339 910-897-5140 Mr. Bowden, Rhetson Companies, Inc. is filing this application for a rezoning from RD to B2. The subject property consists of 2.47+/- acres (portion) of Parcel 0598-92-2261.000, which is a total of 3.47+/- acres. The site is located within the Town of Erwin’s ETJ and fronts on NC 55 E at the intersection of NC 55 E and Maynard Lake Road. Rhetson Companies is seeking to locate a proposed 10,640 SF retail store on the subject property. The proposed use also promotes the following: Economic Development: Promote the business growth within the Town Develop a diversified economic base in the Town Land Use: Ensure the optimal use of land resources within the Town of Erwin and promote and support an environmentally sound future land use pattern that provides for a variety of community needs and minimized conflicts between existing and proposed land uses. Provide a retail service to the community to limit travel times The proposed development will support the community of Erwin while having minimal impacts to noise, odor dust, and fumes to adjacent properties based on its intended use. The proposed development will meet the requirements set forth in the Town of Erwin’s Unified Development Ordinance. The proposed development will meet all applicable standards for Erosion and Sediment Control and Stormwater Management, and will feature Erosion and Sediment Control measure, and a permanent stormwater management pond meeting the standards of NCDEQ. The proposed entrance has been preliminarily reviewed by the North Carolina Department of Transportation. Discussions and feedback from North Carolina Department of Transportation have been incorporated in site and entrance design. The preliminary site design proposes a full entrance on the less traveled road (Maynard Lake Road) and a right out with 4-foot island on the more heavily traveled Hwy 55 to promote traffic adherence and safety. The applicant will work during the design phase with North Carolina Department of Transportation to ensure all aspects of the North Carolina Department of Transportation design manual are achieved. The proposed entrances will be officially reviewed and permitted by the North Carolina Department of Transportation. 16 The proposed use is compatible with the recently updated future land use plan (see below) for the Town of Erwin identifying the future land sue of this parcel to be commercial/mixed use. The use will provide services to the existing residential homes, churches and education facilities in the area. Sincerely, Rhetson Companies, Inc (Applicant) on behalf of Steve and Dayna Murphy 17  OAD PF1" I L A KE R A Y N ARD 1726 M SRIGHT-OF-WAY 60' R U 0.22' E 41 '09" S 14°03 151,429 SF / 3.48 AC PIN# 0598-92-2261 IRF Bowman North Carolina Ltd. Bowman North Carolina Ltd. 70' 102. RALEIGH, NC 27609 Phone: (919)553-6570 "E 4006 BARRETT DR °5 2'09 S 16 bowman.com Suite 104 IRF 9' 1 18.6 2'1 0" E 9°2 S1 POINT IRF OF BEGINNING 0 L1 KIMBER GROUP, LLC AINLI NK 4' CH PIN 0598-91-3900 S 72 IRF OHE DB 3061, PG 788 W OHE 43" L9 °32' OHE T OHE OHE .74' IRS OHE 376 KIMBER GROUP, LLC NC 55 E ERWIN N 13° OHE 15.4' 42.3' PIN 0598-91-2298 ROUND 03'07 " E 30 OHE OHE 5.13' OHE 5.0' 5.0' 15.4' DB 3061, PG 788 PLAYG OHE OHE OHE ONE STOR SITE PLAN OHE OHE 35.5' VINYLY OHE OHE 35.5' OHE OHE OHE GRAVEL PARKING OHE 32.3' RAMP EOH OHE INLIN HARNETT COUNTY, NORTH CAROLINA OHE IRS OHE K A 4' CH E OHE OHE OH OHE T OHE E OH OHE N 13° 22'13 LGRAVE E "E 2 OHE OH OHE 01.53 ' OHE OHE OH E OHE T OHE OHE OHE T IRF OHE N1 N.C. H 9°08 '11" OHE OHE T IGHW E 9 9.60 OHE HT-OF AY 5 60' RI ' OHE G -W AY 5 OHE IRF N 00°58'45" W 159.90' OHE OHE IRS OHE OHE OHE DEREK AVERY & JENNIFER AVERY OHE WILSON PIN 0598-80-8607 PRELIMINARY DB 3751, PG 757 DO NOT USE FOR CONSTRUCTION VICINITY MAP E 55 ROUT AS HE AV EN UE SITE ARD MAYN RD LAKE H US AC ER WY CE W 42 SS IN 1S RD C3.0 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45  Statement of Consistency ZT-2024-007 The requested rezoning from RD to B-2 classification for the property at 4507 NC 55 , Erwin NC 28339 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 B-2 zoning classification would best serve the above stated parcel. It is recommended that this rezoning request be Approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 46  Statement of Inconsistency ZT-2024-007 The requested rezoning from RD to B-2 classification for the property at 4507 NC 55 , Erwin NC 28339 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 the uses defined within the B-2 zoning classification would NOT best serve the above stated parcel. It is recommended that this rezoning request be DISAPPROVED. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 47  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: November 18, 2024 Subject: Fence Regulations The Town of Erwin Staff wishes to amend its fence ordinance specifically Chapter 36 Article XV Section 36-433 Subsection 4 and 6 to differentiate requirements for front/side yards and to provide clarity on the height of fences for lots that may front two streets along with providing additional regulations for fences in front yards. (4)Maximum height. D. Fences for front yards shall be measured at the front corner of the structure to the edge of the Right-of-Way. Side fences for side yards shall be measured parallel from the front corner to the rear corner of the structure. Rear fences for rear yards shall be measured from the back corner of the structure to the rear property line. • Front yard is measured from the front corner of the structure to the edge of the Right-of-Way. • Side yard is measured parallel from the front corner of the structure to the rear corner of the structure. • Rear yard is measured from the back corner of the structure to the rear property line. E. When type A lots abut more than one public street all yards abutting the street shall maintain a maximum of a 4 ft. fence. (6) General fence requirements G. Location of fence to allow maintenance. No fence shall be erected in any location that prohibits the owner of the property on which said fence is erected from having access, for maintenance purposes, to all sides of such fence. Fences in yards abutting Right-of-Ways shall be placed a minimum of 2 ft away from the right-of-way or sidewalk. 48  Statement of Consistency Fence Amendment The requested amendment to the code of ordinance regarding placement and height, along with determination of yard space of fences is compatible with all of the Town of Erwin’s regulatory documents It is recommended that this amendment request be Approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 49  Statement of Inconsistency Fence Amendment The requested amendment to the code of ordinance regarding placement and height, along with the determination of yard space of fences is NOT compatible with all of the Town of Erwin’s regulatory documents. It is recommended that this amendment request be DISAPPROVED. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 50  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: November 18, 2024 Subject: Subdivision Public Notice Amendment The Staff of the Town of Erwin wishes to amend its Code of Ordinances, Specifically Chapter 30 within Article III Section 30-78 entitled “Preliminary plat submission and review” and Section 30-79 entitled “Final plat submission and review” to require public notice of neighboring property owners when a major subdivision has been submitted to the town for reviewed and approval. Proposed item to be included in Section 30-78: Subsection D: Public Notice Upon the submittal of a complete preliminary major subdivision plat, the official shall make notice to the surrounding property owners within 100ft of the proposed site giving notice of the request including when the preliminary map will be reviewed by the Planning Board. Proposed item to be included in Section 30-79: Subsection H: Public Notice Upon the submittal of a complete final major subdivision plat, the official shall make notice to the surrounding property owners within 100ft of the proposed site giving notice of the request including when the final map will be reviewed by the Planning Board. 51  Statement of Consistency Subdivision Public Notice Amendment The requested amendment to the code of ordinance regarding notification of neighboring property owners in the event of a major subdivision is compatible with all of the Town of Erwin’s regulatory documents. It is recommended that this amendment request be Approved. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 52  Statement of Inconsistency Subdivision Public Notice Amendment The requested amendment to the code of ordinance regarding notification of neighboring property owners in the event of a major subdivision is NOT compatible with all of the Town of Erwin’s regulatory documents. It is recommended that this amendment request be DISAPPROVED. ______________________________ ____________________________ Joshua Schmieding Katelan Blount Chairperson Deputy Town Clerk 53