Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, JUNE 16, 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 May 19, 2025 (Page 2) 3. OLD BUSINESS A. Updates 4. NEW BUSINESS A. ZT-2025-003 (Page 5) B. Accessory Structure Setbacks Amendment (Page 27) C. All-Way Stop Intersections Memo (Page 32) 5. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, MAY 19, 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, May 19, 2025, at 7:00 PM. Board members present were Chairperson Nicholas Skatell, Vice Chairperson Jim Hartman, In-Town Board Members Kathryn Moore, Grace Watts, and Michael Jackson, In-Town Alternate Marsha Woodard, and Out-of-Town Board Member Howard Godwin. Board members absent were: In-Town Board Members Rebecca Kelly, Joshua Schmeiding, and In-Town Alternate Vanessa Lech. Staff members 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 Kathryn Moore gave the invocation. Board Member Michael Jackson led the Pledge of Allegiance. CONSENT ITEMS Board Member Jim Hartman made a motion to approve the minutes of April 21, 2025, and was seconded by Kathryn Moore. The Board voted unanimously. OLD BUSINESS Updates: Town Planner Dylan Eure informed the Board that the removal of the sidewalk requirements for major subdivisions, as well as the requirement for mailed subdivision notices will be going to the next Board of Commissioners meeting for approval. NEW BUSINESS ZT-2025-002 Town Planner Dylan Eure informed the Board that the Town of Erwin Staff has received a rezoning request for the parcel located at 103 4th Street, Erwin NC 28339. This parcel is currently split-zoned at about 83% B-2 and the remaining 17% R-10. The petition would rezone the above parcel to be entirely under the R-10 classification. The parcel size is 0.27 acres, and is currently occupied by a single-family residence. Rezoning would make the existing home conforming. Board Member Michael Jackson asked if the rezoning request is based upon bringing the home into a conforming status, in order to be allowed to add on to the existing home. 2 Town Planner Dylan Eure confirmed that yes, the applicant would like to add on to the home, but since the home is non-conforming due to the split zoning classification, he is not currently able to do so. There may be a variance somewhere down the line, but this would be the first step in that process. Board Member Kathryn Moore asked if this property butts up to the business next to it. Town Planner Dylan Eure stated that it doesn’t butt up to the business, but is across from McLamb’s Upholstery and a church. The applicants, Corbin and Michelle Smith, of 103 4th Street, Erwin, approached the podium to answer any questions that the Board may have. Mr. Smith stated that the home is currently owner occupied. For clarity, Ms. Smith’s parents own the home, and Ms. Smith is on the deed of the home. They are working through the process of getting Mr. Smith on the deed as well. Chairperson Nicholas Skatell asked if any Board Members had any additional questions. Being none, Chairperson Nicholas Skatell asked for a Board Member to read through the staff evaluation. Board Member Michael Jackson asked that the Board would dispense with the reading of each item of the staff evaluation. The Board has already read through the Staff Evaluation. Board Member Michael Jackson made a motion to approve ZT-2025-002, which was seconded by Jim Hartman. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read the Statement of Consistency. Board Member Jim Hartman read the following 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 be approved.” Board Member Kathryn Moore made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. PUD (Planned Unit Development) Density Amendment Town Planner Dylan Eure presented this amendment request to the Board. This amendment would ensure that all future Planned Unit Developments, including apartments, townhomes, and condominiums, would have the same standards applied. This specifically applies to density standards, so this would require any townhome developments with 10 or more townhomes to allow for infill development. Board Member Michael Jackson asked if all other requirements would remain the same- parking, setbacks, etc. Town Planner Dylan Eure confirmed that that was correct, all other requirements would remain the same. Board Member Howard Godwin made the motion to approve the PUD (Planned Unit Development) Density Amendment, which was seconded by Board Member Kathryn Moore. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read the Statement of Consistency. 3 Board Member Grace Watts read the following 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. It is recommended that this amendment be approved.” Board Member Howard Godwin made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. Accessory Structure Benchmarking Town Planner Dylan Eure stated that there was not a vote required on this request, but rather this was informational for the Board. Board Member Michael Jackson had requested benchmarking for the Accessory Structure Ordinances to determine if an amendment should be authored to reduce the number of variances brought before Erwin’s Board of Adjustments. Board Member Michael Jackson stated that he agreed that the updated ordinances would be especially helpful for the Mill Village area of town. He stated that be believed that the setbacks should be brought down to 5ft from 10ft. The Board agreed with Mr. Jackson. Town Planner Dylan Eure stated that since the Board had consensus, he would type up the amendment and have it ready to present at the next Planning Board meeting. ADJOURNMENT Board Member Howard Godwin made a motion to adjourn the meeting at 7:13 P.M. and was seconded by Jim Hartman. Motion unanimously approved. Minutes recorded and typed by Katelan Blount, Deputy Town Clerk ______________________________ ______________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 4  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 6/16/2025 Timothy D. Marbell Charles L. Byrd David L. Nelson ZT-2025-003 William R. Turnage Memorandum Rezoning Description The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin of 0597-59-9465.000. Currently, this parcel is zoned as R-15. The said petition would rezone the above parcel to be entirely under B-2 zoning classification. The parcel size is 3.34 acres, and according to Harnett GIS, there was a service station previously on the site. Property Description A single parcel located by its Harnett County Tax Pin of 0597-59-9465.000, located off US Highway 421S with access off of Cedarwood Dr., and US 421 S. of which is not currently within corporate limits. The parcel is currently undeveloped, but according to Harnett GIS, the location was home to a former service station. The current zoning classification, as stated previously, is R-15, and the petition would rezone the parcel to B-2 for the purpose of commercial use. According to Harnett Regional Water, the parcel does have access to water through US 421 with a 12-inch line. However, for the parcel to be connected to the public sewer, the gravity line from Cedarwood would have to be extended in order for the property to be able to connect. There are no recorded easements on the property and no potential wetlands per Harnett GIS. In terms of flood zones, there are none on the property. The surrounding land uses are comprised of a mix of commercial and residential, with the nearest commercially zoned property being approximately 220 feet away from the petitioning parcel, with the use being a lawyer's office. Just southeast of the parcel, the majority of the properties are zoned under the B- 2 zoning classification with uses such as a bowling alley, pharmacy, and vehicle sales. Directly surrounding the property, the primary uses are residential, with properties under both the RD and R-15 zoning districts, with the uses being single-family homes or vacant land. However, according to Erwin’s 2023 Land Use Plan, the petitioned parcel is identified to be commercial/mixed use, which may include small- to large-sized commercial facilities as well as high-density residential. Regards, Dylan Eure Town Planner 5 6 7 8 9 10 11 12 13 14 15 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary US City Limits Parcels Address Numbers Harnett.org/GIS Road Centerlines June 4, 2025 0 16 Feet 160 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary US RD City Limits Parcels ETJ Address Numbers B2 Harnett.org/GIS Road Centerlines R15 June 4, 2025 0 17 Feet 160 Sec. 36-272. Permitted principal uses and structures. The following are permitted uses and structures: (1) Retail shops and stores and service establishments whose operation is conducted entirely within an enclosed building. (2) Offices for business and professional purposes. (3) Social uses, such as social halls, lodges, fraternal organizations, clubs, and similar activities. (4) Trades and similar enterprises catering to household and business establishments. (5) Motels, hotels, bed and breakfasts, boardinghouses and roominghouses, and other similar establishments. (6) Religious uses, including churches and other places of worship, religious education buildings, and parish houses. (7) Family care home. (8) Municipal facilities. (9) Mobile food vendors. (10) Day care centers, day nurseries, preschools, and similar uses. Day care centers, day nurseries, preschools, and similar uses may not be located within a 300-foot radius measured from the center of the property of other day care center, day nursery, preschool, or similar use. (11) Convenience store. (Code 1977, § 9-4030.2; Ord. of 5-3-2001; ZT-2013-005 , § 2, 10-3-2013; Ord. No. 2023-2024-001 , 7-6-2023) Sec. 36-274. Special uses. The following are conditional uses: (1) Outdoor storage of vehicles, or equipment or material. See section 36-276. (2) Vehicular services. (3) Public facilities. (4) Private recreation facilities for profit. (5) Electronic gaming operations. (6) Vehicular sales and rental. (Code 1977, § 9-4030.4; Ord. of 5-3-2001; Ord. of 9-6-2012; Ord. No. 2013-2014:003, 1-9-2014; Ord. of 11-20- 2014; Res. No. 2021-2022-001 , 7-1-2021; Ord. No. 2023-2024-001 , 7-6-2023) 18 19 20  REZONING MAP REQUEST STAFF REPORT Case: ZT-2025-003 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 06/16/2025 Town Commissioners: 08/07/2025 The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin of 0597-59-9465.000. Currently, this parcel is zoned as R-15. The said petition would rezone the above parcel to be entirely under B-2 zoning classification. The parcel size is 3.34 acres, and according to Harnett GIS, there was a service station previously on the site. Applicant Information Owner of Record: Name: Sandhill’s Real Estate Development Address: 1565 N May St. City/State/Zip: Southern Pines, NC 28387 Applicant: Name: Sandhill’s Real Estate Development Address: 1565 N May St. City/State/Zip: Southern Pines, NC 28387 Property Description • Harnett County Tax Pin #0597-59-9465.000 • Harnett County Map Book: 7 pg 17 (most recent survey according to property deed) • 3.34 acres • R-15: 3.34 acres or 100% • Previous site of a service station. Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts 21 Physical Characteristics Site Description: A single parcel located by its Harnett County Tax Pin of 0597-59-9465.000, located off US Highway 421S with access off of Cedarwood Dr., and US 421 S. of which is not currently within corporate limits. The parcel is currently undeveloped, but according to Harnett GIS, the location was home to a former service station. The current zoning classification, as stated previously, is R-15, and the petition would rezone the parcel to B-2 for the purpose of commercial use. According to Harnett Regional Water, the parcel does have access to water through US 421 with a 12-inch line. However, for the parcel to be connected to the public sewer, the gravity line from Cedarwood would have to be extended in order for the property to be able to connect. There are no recorded easements on the property and no potential wetlands per Harnett GIS. In terms of flood zones, there are none on the property. Surrounding Land Uses: The surrounding land uses are comprised of a mix of commercial and residential, with the nearest commercially zoned property being approximately 220 feet away from the petitioning parcel, with the use being a lawyer's office. Just southeast of the parcel, the majority of the properties are zoned under the B-2 zoning classification with uses such as a bowling alley, pharmacy, and vehicle sales. Directly surrounding the property, the primary uses are residential, with properties under both the RD and R-15 zoning districts, with the uses being single-family homes or vacant land. However, according to Erwin’s 2023 Land Use Plan, the petitioned parcel is identified to be commercial/mixed use, which may include small- to large-sized commercial facilities as well as high-density residential. Services Available • Harnett County Water & Sewer • Erwin Fire • Harnett County EMS • 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, as there are many B-2 zoned properties in the area. 22 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 commercial/mixed use, which includes small to large commercial facilities and high-density residential. 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 sell the parcel to a business that wishes to build in Erwin, allowing citizens closer access to goods or services that a potential business may offer. 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 the B-2 zoning classification. 23  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 commercial / mixed would be in the general public interest and not use development which includes B-2 uses. merely in the interest of an individual or small group. YES There is a convincing demonstration that all uses permitted under the proposed district classification Many of the nearby properties are already would be appropriate in the area included in the zoned under the B-2 classification, proposed change. (When a new district indicating that B-2 zoning is acceptable on designation is assigned, any use permitted in the US 421. 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 nearby area currently has B-2 zoning, character of the neighborhood will not be and highway 421 is to be considered Erwin’s materially and adversely affected by any use prime area for commercial development. permitted in the proposed change. YES 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 YES commercial or mixed use land classification. Statement of Consistency The requested rezoning from R-15 to the 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 and will bring Erwin closer to meeting its Land Use Plan objectives. It is recommended that this rezoning request be approved. 24  Statement of Consistency ZT-2025-003 The requested rezoning from R-15 to the B-2 zoning 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 and will bring Erwin close to meeting its Land Use Plan objectives. It is recommended that this rezoning request be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 25  Statement of Inconsistency ZT-2025-003 The requested rezoning from R-15 to the B-2 zoning classification is not compatible with any and/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 B-2 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 26  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Dylan Eure, Town Planner Date: June 16th, 2024 Subject: Accessory Structures Setbacks Amendment The Town of Erwin Staff wishes to amend its Code of Ordinances to allow for reduced setbacks for accessory structures in dense residential zoning districts. The said amendment is within Chapter 36, Article XV Section 36-419 Subsection (B). The purpose of this amendment is to take into consideration smaller parcel sizes to prevent variances being granted for accessory structures. Current Section 36-419: (a) Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be a minimum of ten feet between the primary structure and any accessory building/structure as well as ten feet between each accessory building/structure. (b) Accessory structures shall not exceed 40 percent of the total area of the side and/or rear yard. (1) Minimum side setback: Ten feet. (2) Minimum rear setback: Ten feet. (3) Minimum setback from principal structure: Ten feet. (4) Maximum building height for accessory structures shall not exceed 20 feet mean roof height with the exception of schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprises the total land area of the development. The maximum height for accessory structures in such instances shall not exceed 35 feet mean roof height. (c) The following uses are permitted within accessory buildings in residential areas: (1) Parking. (2) Gazebo. (3) Pool houses. (4) Equipment enclosure. (5) Workshop. 27 (d) Trash containers, mechanical equipment and minor outdoor storage shall be located only within the rear yard. (e) Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only. (f) All freestanding carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to the principal structure. A maximum of two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on the lot, only one freestanding carport will be allowed. Proposed Section 36-419: (a) Accessory buildings/structures are restricted to rear and side yards. Only one accessory building/structure shall be permitted on lots less than 15,000 square feet. Larger lots are allowed an extra accessory building/structure for each additional 15,000 square feet. There shall be a minimum of ten feet between the primary structure and any accessory building/structure as well as ten feet between each accessory building/structure. (b) Accessory structures shall not exceed 40 percent of the total area of the side and/or rear yard. Zoning District Setback from Property Setback from Principal / Line Accessory Structure(s) Industrial District (M-1) 10ft 10ft Highway Business (B-2) 10ft 10ft Neighborhood Business (B-1) 10ft 10ft Central Business (CB) 10ft 10ft Downtown Mill Village (DMV) 5ft 5ft Rural District (RD) 10ft 10ft Residential (R-15) 10ft 10ft Residential (R-10) 10ft 10ft Residential (R-6) 5ft 5ft Residential Mill Village (RMV) 5ft 5ft Mobile Home Park (MHP) 10ft 10ft Conservation District (CON) 10ft 10ft Conditional Districts (CD) Use base district standard. Use base district standard. 28  (1) Minimum side setback: Ten feet. (2) Minimum rear setback: Ten feet. (1) Minimum setbacks for accessory structures used in connection with commercial/industrial establishments may require greater setbacks in accordance with the North Carolina Building Code. (2) Maximum building height for accessory structures shall not exceed 20 feet mean roof height with the exception of schools, churches, hospitals, municipal facilities, and other such campuses, provided that at least one acre comprise the total land area of the development. The maximum height for accessory structures in such instances shall not exceed 35 feet mean roof height. (c) The following uses are permitted within accessory buildings in residential areas: (1) Parking. (2) Gazebo. (3) Pool houses. (4) Equipment enclosure. (5) Workshop. (d) Trash containers, mechanical equipment and minor outdoor storage shall be located only within the rear yard. (e) Mailboxes, newspaper boxes, wall, fences, birdhouses, flagpoles and pump covers may be placed in any front, side or rear yard. Doghouses may be placed in rear yards only. (f) All freestanding carports shall be located in the side or rear yard of the lot. Freestanding carports may be placed no closer than five feet to the property line when placed against principal structure. In addition, the freestanding carport cannot extend into front yard unless it is connected/attached to the principal structure. A maximum of two freestanding carports are allowed except when an accessory building is located on the lot. When an accessory building is located on the lot, only one freestanding carport will be allowed. 29  Statement of Consistency Accessory Structure Setbacks Amendment The proposed text amendment for Accessory Structure Setbacks is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s Planning Documents, the proposed text amendment would assist in ensuring 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 30  Statement of Inconsistency Accessory Structure Setbacks Amendment The proposed text amendment is not compatible with any and/or all of the Town of Erwin’s regulatory documents. According to Erwin’s Planning Documents, the proposed text amendment would not assist in ensuring 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 31  Erwin Planning Board REQUEST FOR CONSIDERATION To: Erwin’s Planning Board Members From: Snow Bowden, Town Manager Date: June 16th, 2024 Subject: All-Way Stop Intersections The Town of Erwin is currently taking the necessary steps to move forward with using an “Engineer-on- Call” service for some our growing needs. One of those primary needs is dealing with our roads and traffic. I hope to have a firm under contract to provide engineering services. We hope to have them under contract by July. I am requesting just a little more time before we discuss the all-way stop intersections that are located on our town-maintained streets. We have a handful of all-way stop intersections: • St. Matthews Road and Pope Street • St. Matthews Road and Wondertown Drive • North 14th Street and West M Street • South 15th Street and West E Street All four of the all-way stop intersections are listed in the Town Code and they were installed following the proper procedures to amend the Town Code to include the additional stop signs All four of the all-way stop intersections were recommended favorably by previous Planning Boards. The proposed text amendment(s) to our Town Code to install additional stop signs at each intersection were presented to the Town Board before a public hearing where people could speak in favor or against the proposed text amendment. All four public hearings were properly advertised. We need better data installing any new or taking down any existing all-way stop intersections. Before the all-way stop intersections could be taken down, we would have to get a recommendation from the Planning Board and then schedule/advertise a public hearing to discuss the proposed text amendment to our Town Code. I am requesting a little more time to gather some better data and to develop a plan for any potential traffic improvements. It has been fairly busy here in Erwin the last few months. I am hoping with using an engineer on call service it will help us speed up the process with request that require engineer services. 32