Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, MAY 19, 2025 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 April 21, 2025 (Page 2) 3. OLD BUSINESS A. Updates 4. NEW BUSINESS A. ZT-2025-002 (Page 7) B. Planned Unit Development (PUD) Density Amendment (Page 23) C. Accessory Structure Benchmarking (Page 26) 5. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, APRIL 21, 2025 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, April 21, 2025, at 7:00 PM. Board members present were Chairperson Nicholas Skatell, Vice Chairperson Jim Hartman, In-Town Board Members Grace Watts, Rebecca Kelly, and Michael Jackson, Out-of-Town Board Member Howard Godwin, and In-Town Alternate Marsha Woodard. Board members absent were: In-Town Members Joshua Schmeiding, Michael Jackson, and In-Town Alternate Vanessa Lech. Town Staff present were: Town Manager Snow Bowden, Town Planner Dylan Eure, and Deputy Clerk Katelan Blount. Chairperson Nicholas Skatell called the meeting to order at 7:00 PM. Board Member Grace Watts gave the invocation. Vice Chairperson Jim Hartman led the Pledge of Allegiance. CONSENT ITEMS Vice Chairperson Jim Hartman made a motion to approve the Planning Board minutes from the Regular Meeting on March 17, 2025. This was seconded by Board Member Grace Watts. The Board voted unanimously. OLD BUSINESS Updates: Town Planner Dylan Eure informed the Board that there is an upcoming workshop from the School of Government for those serving on Planning Board and Board of Adjustments. It will be an online workshop on May 7th aimed at quasi-judicial proceedings. He will have a laptop set up in the conference room at Town Hall for anyone wanting to attend. The Golf Cart Amendment should be on the May Board of Commissioners agenda, as well as a number of amendments on the June Board of Commissioners agenda, and the 2025-2026 Budget. There has been some benchmarking on Accessory Dwelling Units, since the Town is having so many variance applications on this subject. This was requested by Mr. Michael Jackson and since he is absent today, this will be presented at the next meeting. NEW BUSINESS SU-2025-002 Town Planner Dylan Eure presented this requested amendment to replace a previously granted Planned Unit Development at Harnett County Tax Pins 1507-33-9227.000, 1507-34-9002.000, 1507-45-1001.000, and 1507-35-0329.000, located off St. Matthews and Bryant Roads. This would amend the PUD to replace 43 previously approved townhomes with 37 detached single-family homes. This would lessen the overall 2 density of the development, which currently has a plan of 204 detached single family homes and 43 single family attached homes. The applicant’s reason for the change is due to market shifts and lessening interest in attached single family homes such as townhomes. Board Member Kathryn Moore asked if this would be switching out townhomes for detached single family homes. Town Planner Dylan Eure stated that yes, it would be. Site plans can be found on page 36 of the agenda. Board Member Grace Watts asked if the townhomes would be smaller than the detached homes. Town Planner Dylan Eure stated that the detached homes should be a little larger than the townhomes. Jordan Franco, of 3204 Bell Drive, Raleigh NC 27640, approached the Board to speak. He was attending on behalf of TrueHomes, the builder of the homes in the development. Board Member Marsha Woodard asked if this would be in Phase One of the project. Mr. Franco stated that yes, it would impact Phase One, currently there are some townhomes in phase one that would be replaced with the narrower single family homes. Board Member Marsha Woodard asked what the timeline for this would be. Mr. Franco responded that they’re shooting for Q1 of next year, but there is a hang up with a pump station that is driving their timeline. Board Member Howard Godwin joined the meeting at 7:08 p.m. Mr. Franco stated that Town Planner Dylan Eure did speak to the main points of the request. There are not much demand for townhomes in other areas at the moment. This would also help lower HOA dues for the residents. With townhomes, they’d have landscaping and maintenance fees that would be charged to the HOA and passed on to the residents, whereas with single family detached homes, the resident would be responsible for yard maintenance. There would still be some maintenance for common areas, but at a lower cost. There will be two different types of homes offered, at two product sizes and two price points. There was some discussion among the Board and Mr. Franco based on the square footage of the different homes that would be available, and the setbacks of the homes. Chairperson Nicholas Skatell asked when the final products would be selected to be placed on properties. Mr. Franco stated that typically, selection would be made about 5 months before build permits are issued. They typically select 4 or 5 different floor plans to choose from, so not all homes are alike. He pointed out on the map where the model homes would be placed, at the entrance of the complex, so that clients and potential homebuyers would be able to view the home in person. Board Member Marsha Woodard asked what the price points would be for this development. Mr. Franco stated that it largely depends on the market. Currently, they’re probably going to be looking in the low to mid 300’s, based on current market trends. Chairperson Nicholas Skatell asked if there were any additional questions from the Board. There were none. Chairperson Nicholas Skatell asked the Board to read through the staff evaluation. 3 Staff Evaluation The use requested is listed among the special uses in the district for which the application is made. -Reasoning: Planned Unit Developments require a special use permit within the R-6 district. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. The requested use is essential or desirable to the public convenience or welfare. -Reasoning: Approving would increase the number of housing units in Erwin’s jurisdiction while diversifying housing styles on similar lots. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. The requested use will not impair the integrity or character of the surrounding or adjoining districts, nor be detrimental to the health, morals, or welfare. -Reasoning: The proposed development will provide sufficient screening, ample open space, and significant infrastructure improvements that will be an asset to adjacent properties. Board Member Grace Watts made a motion in the affirmative, which was seconded by Howard Godwin. The Board voted unanimously. The requested use will be in conformity with the Land Development Plan. -Reasoning: According to the 2023 Land Use Plan, the areas are identified for high intensity. Board Member Jim Hartman made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. Adequate utilities, access roads, drainage, sanitation, and/or other necessary facilities hae been or are being provided. -Reasoning: Site includes storm water drainage allocation along with new water and sewer lines being installed to serve the development. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Howard Godwin. The Board voted unanimously. The 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: Adequate development entrances will be provided in accordance with Erwin and NCDOT standards. Board Member Rebecca Kelly made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. The special use shall, in all other aspects, confrm 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: With the conditions proposed, this PUD will conform to all applicable regulations of the Town of Erwin and its Code of Ordinances. Board Member Grace Watts made a motion in the affirmative, which was seconded by Rebecca Kelly. The Board voted unanimously. 4 Chairperson Nicholas Skatell asked the Board to read the Statement of Consistency and make a motion. Statement of Consistency According to Erwin’s 2023 Land Use Plan and the Code of Ordinances, the proposed Planned Use Development located off St. Matthews and Bryant Road, known by its Harnett County Tax Pins 1507-33- 9627.000, 1507-34-9002.000, 1507-45-1001.000, and 1507-35-0329.000, is desirable and has met all of the requirements fore the special use to be granted. Therefore, it is recommended that the request be approved. Board Member Grace Watts made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. Town Planner Dylan Eure stated that this request will now go to the Erwin Board of Commissioners and will be heard at the public hearing on June 5th, 2025 at 7 p.m. Mobile Home Park Amendment Town Planner Dylan Eure presented this amendment to the Board. The Town wishes to amend the Mobile Home Park zoning classification to update language that is no longer legal, per North Carolina General Statutes in regard to business licensing, as well as correcting language that was never implemented. This would also require any mobile home park wishing to be established in the Town designated areas for trash receptacles/dumpsters. There was some discussion among the Board on how this would affect the current mobile home parks in Erwin. Town Planner Dylan Eure explained that they are fine as is, but adding any additional spaces or major changes would require that the park bring everything up to the current Town Ordinance. Board Member Jim Hartman made a motion to approve the Mobile Home Park Amendment, which was seconded by Rebecca Kelly. The Board voted unanimously. Statement of Consistency: The proposed Mobile Home Park 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, the proposed text amendment would update Erwin’s Mobile Home Park Ordinances to current standards. It is recommended that this amendment request be approved. Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. Permit Expiration Amendment Town Planner Dylan Eure presented this amendment, which would amend Chapter 36, Artic le XX, Section 36-579 of the Code of Ordinances to increase the permit expiration period from 180 days to 1 year, for the purpose of making the Erwin Code of Ordinances congruent with the North Carolina General Statues. Town Planner Dylan Eure asked if the Board had any questions regarding the amendment. None of the Board Members had questions. Board Member Jim Hartman made a motion to recommend this amendment for approval, which was seconded by Kathryn Moore. The Board voted unanimously. 5 Statement of Consistency: The proposed Permit Expiration 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, the proposed text amendment would ensre that Erwin’s ordinances follow North Carolina statutes. It is recommended that this amendment request be approved. Board Member Jim Hartman made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. ADJOURNMENT Board Member Kathryn Moore made a motion to adjourn the meeting at 7:32 P.M. and was seconded by Rebecca Kelly. The motion to adjourn was unanimously approved. Minutes recorded and typed by Katelan Blount, Deputy Clerk _____________________________ ___________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Clerk 6  TOWN OF ERWIN Mayor Randy L. Baker P.O. Box 459 · Erwin, NC 28339 Mayor Pro Tem Ph: 910-897-5140 · Fax: 910-897-5543 www.erwin-nc.org Ricky W. Blackmon Commissioners Alvester L. McKoy 5/19/2025 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2025-002 William R. Turnage Memorandum Rezoning Description The Town of Erwin has received a request to rezone a parcel located by its physical address of 103 4th St, Erwin, NC 28339. Currently, this parcel is split zoned as B-2 and R-10. The said petition would rezone the above parcel to be entirely under R-10 zoning classification. The parcel size is .27 acres and is currently occupied by a single-family residence. Property Description A single parcel located at 103 4th St within Erwin’s contiguous limits being accessible from a municipal road. The parcel is currently occupied by a single-family residence and is considered non-conforming due to the home being within the B-2 zoning classification. Said rezoning would ensure that the use of a single-family residence conforms to Erwin’s Code of Ordinances. The current home does have access and is connected to Harnett Regional’s water and sewer lines for services. According to Harnett GIS, the sewer line that the home is connected to is a gravity-fed line with a 6-inch water line. GIS also shows no recorded of easements on the property, along with no wetlands or flood zones. The surrounding land uses are primarily single- family residences under the zoning classification of R-10, with some being under the B-2 classification. The remaining parcels that are near the property are commercial, which contain an upholstery business, golf cart services, and a church, under the B-2 zoning district. Regards, Dylan Eure Town Planner 7 8 9 10 11 12 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Force Main Unamed Flowline R10 City Limits Road Centerlines Watershed HUC12 R6 Address Numbers Ingress_Egress Watershed HUC8 6 - 36 Drainage ETJ Harnett.org/GIS May 14, 2025 Gravity Parcels B2 0 13 80 Feet Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Force Main Unamed Flowline City Limits Road Centerlines Watershed HUC12 Address Numbers Ingress_Egress Watershed HUC8 Harnett.org/GIS 6 - 36 Drainage May 14, 2025 Gravity Parcels 0 14 80 Feet 15 16  REZONING MAP REQUEST STAFF REPORT Case: ZT-2025-002 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 05/19/2025 Town Commissioners: 07/03/2025 The Town of Erwin has received a request to rezone a parcel located by its physical address of 103 4th St, Erwin, NC 28339. Currently, this parcel is split zoned as B-2 and R-10. The said petition would rezone the above parcel to be entirely under R-10 zoning classification. The parcel size is .27 acres and is currently occupied by a single-family residence. Applicant Information Owner of Record: Name: Paul & Linda Overholt Address: 445 Wenger Rd. City/State/Zip: Chesapeake, VA 23322 Applicant: Name: Corbin Smith Address: 103 4th St. City/State/Zip: Erwin, NC 28339 Property Description • Harnett County Tax Pin #1507-13-2100.000 • Harnett County Map Book: 2021 pg 209 • .27 acres • B-2: .23 acres or 83.98% • R-10: .04 acres or 16.02% Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts 17 Physical Characteristics Site Description: A single parcel located at 103 4th St within Erwin’s contiguous limits being accessible from a municipal road. The parcel is currently occupied by a single-family residence and is considered non-conforming due to the home being within the B-2 zoning classification. Said rezoning would ensure that the use of a single-family residence conforms to Erwin’s Code of Ordinances. The current home does have access and is connected to Harnett Regional’s water and sewer lines for services. According to Harnett GIS, the sewer line that the home is connected to is a gravity-fed line with a 6-inch water line. GIS also shows no recorded of easements on the property, along with no wetlands or flood zones. Surrounding Land Uses: The surrounding land uses are primarily single-family residences under the zoning classification of R-10, with some being under the B-2 classification. The remaining parcels that are near the property are commercial, which contain an upholstery business, golf cart services, and a church, under the B-2 zoning district. Services Available • Harnett County Water & Sewer • Erwin Fire • Harnett County EMS • Erwin Police • GFL Waste Services • Duke Energy for electric • Brightspeed for telecommunications Staff Evaluation X Yes No The IMPACT to the adjacent property owners and the surrounding community is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community • Reasoning: The rezoning is compatible with the surrounding community and would not cause any inconvenience to those within the area. X Yes No The requested zoning district is COMPATIBLE with the existing Land Use Classification. • Reasoning: According to Erwin’s current Land Use Plan, done in 2023, the property is assigned to be zoned as residential for medium-density development. 18 X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow the property owners to make additions, enhance, and maintain the current residence and make the current use of the parcel conform to Erwin’s ordinances, thereby bettering the community. X Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. • Reasoning: This rezoning request includes a single parcel to be rezoned to be completely zoned under R-10. There is a convincing demonstration that all uses According to the 2023 Erwin Land Use Plan permitted under the proposed district classification this area is to allow for medium-density would be in the general public interest and not residential development that would allow the merely in the interest of an individual or small property owners to enhance their homes as group. YES well as better the general well-being of the area. There is a convincing demonstration that all uses permitted under the proposed district classification Many of the surrounding properties are would be appropriate in the area included in the already zoned under R-10 classification, proposed change. (When a new district indicating that R-10 zoning is acceptable on designation is assigned, any use permitted in the 4th St. and the surrounding area. district is allowable, so long as it meets district requirements, and not merely uses which applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The surrounding neighborhood currently has character of the neighborhood will not be R-10 zoning, and there is no evidence that materially and adversely affected by any use 103 4th St. being entirely zoned as R-10 permitted in the proposed change. YES would adversely affect the community. The proposed change is in accord with the Land The Erwin 2023 Land Use Plan has this Development Plan and sound planning principles. parcel of land to be zoned under a medium YES density zoning classification. 19 Statement of Consistency The requested rezoning from B-2/R-10 to the R-10 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 R-10 zoning classification would best serve the above-stated parcel. It is recommended that this rezoning request be approved. 20  Statement of Consistency ZT-2025-002 The requested rezoning from B-2/R-10 to the R-10 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 R-10 zoning classification would best serve the above-stated parcel. It is recommended that this rezoning request be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 21  Statement of Inconsistency ZT-2025-002 The requested rezoning from B-2/R-10 to the R-10 classification is not compatible with some or 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 R-10 zoning classification would not best serve the above-stated parcel. It is recommended that this rezoning request be disapproved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 22  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: May 19, 2024 Subject: PUD (Planned Unit Development) Density Amendment The Town of Erwin Staff wishes to amend its Code of Ordinances for the purpose of clarifying language within Chapter 36, Article XXII Section 36-648 Subsection (B)(4)(1). The said amendment would ensure that all future townhomes, planned unit developments, and condominiums have the same standards applied. Current Section 36-648 Subsection (B)(4)(1) (4)To ensure a quality of construction commensurate with other developments within the town. Planned unit developments are conditional uses in the R-10 and R-6 zoning districts. Those uses set forth in this chapter for the district in which the planned unit development is to be located shall be permitted with the following exceptions: (1)Open space reservations may be considered for building density increases. Proposed Section 36-648 Subsection (B)(4)(1) (4)To ensure a quality of construction commensurate with other developments within the town. Planned unit developments are conditional uses in the R-10 and R-6 zoning districts. Those uses set forth in this chapter for the district in which the planned unit development is to be located shall be permitted with the following exceptions: (1)Open space reservations may shall be required for building density increases. • For infill development, townhome developments that contain 10 or fewer units shall be exempt from open space requirements. Statement of Consistency The proposed text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s Planning Documents, the proposed text amendment would ensure that Erwin is applying its ordinances uniformly across its jurisdiction. 23  Statement of Consistency PUD (Planned Unit Development)Density Amendment The proposed text amendment is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s Planning Documents, the proposed text amendment would ensure that Erwin is applying its ordinances uniformly across its jurisdiction. It is recommended that this rezoning request be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 24  Statement of Inconsistency PUD (Planned Unit Development)Density Amendment The proposed text amendment is not compatible with some or all of the Town of Erwin’s regulatory documents. According to Erwin’s Planning Documents, the proposed text amendment would not ensure that Erwin is applying its ordinances uniformly across its jurisdiction. It is recommended that this rezoning request be disapproved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 25  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: April 21, 2025 Subject: Accessory Structure Benchmarking The Town Staff of Erwin, at the request of the Erwin Planning Board, has benchmarked other Harnett County municipalities’ Accessory Structure Ordinances to determine if an amendment should be authored to reduce the number of variances brought before Erwin’s Board of Adjustment. Lillington: • All accessory structures must be a minimum of 10ft away from the side or rear setback and not placed in the front yard. Angier: • For R-6, R-10, and R-15 districts: Five feet from side and rear property lines. • For all other districts: Ten feet from side and rear property lines. • For pools and portable carports: Ten feet from side and rear property lines. • All side corner yards shall follow principal structure setbacks for side corner setbacks of the zoning district in which it is located. • Accessory structures shall not encroach upon any platted or recorded easements. Dunn: • Side setbacks for RA-40, R-20, R-10, R-7, RM, MXU, C-1, C-2, C-3,C-4, and O&I: 5ft • Rear setbacks for RA-40, R-20, R-10, R-7, RM, MXU, C-1, C-2, C-3,C-4, and O&I: 10ft • Side setback for I-10: 10ft • Side setback for I-100: 30ft • Rear setback for I-10: 20ft • Rear setback for I-100: 50ft Coats: • 5ft behind the principal structure • 8ft from any structure • 7.5ft from property line facing Right-of-Way • 4ft against interior rear and side property lines. 26