Planning Board/Board of Adjustments Meeting

TOWN OF ERWIN PLANNING BOARD/BOARD OF ADJUSTMENTS MONDAY, OCTOBER 20TH, 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 September 15th, 2025 (Page 2) 3. OLD BUSINESS A. Updates 4. NEW BUSINESS A. ZT-2025-008 (Page 6) B. ZT-2025-009 (Page 25) C. ZT-2025-010 (Page 54) 5. ADJOURNMENT  PLANNING BOARD MEETING MINUTES MONDAY, SEPTEMBER 15th, 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, September 15th, 2025, at 7:00 PM. Board members present were Chairperson Nicholas Skatell, Vice Chairperson Jim Hartman, In-Town Board Members Marsha Woodard, Rebecca Kelly, Michael Jackson, and Kathryn Moore, and Out-of-Town Board Member Howard Godwin. Also present were In-Town Alternates Harold Downing Jr. and Karen Beitar. Board members absent were: In-Town Board Member Grace Watts. Staff members present were Town Manager Snow Bowden, Town Planner Dylan Eure, Town Clerk Lauren Evans, and Deputy Clerk Katelan Blount. Chairperson Nicholas Skatell called the meeting to order at 7:00 PM. Vice Chairperson Jim Hartman gave the invocation. Board Member Michael Jackson led the Pledge of Allegiance. CONSENT ITEMS Vice Chairperson Jim Hartman made a motion to approve the minutes of July 21st, 2025, and was seconded by Rebecca Kelly. The Board voted unanimously. OLD BUSINESS Updates: Town Planner Dylan Eure informed the Board that the text amendment for 209 4th Street will be going to the Town Board of Commissioners at the September meeting. There will also be an accessory structure text amendment that will be going to the Workshop in September. In Town Board Member Kathryn Moore joined the meeting at 7:02 p.m. Town Planner Dylan Eure also reminded the Board that the annual Denim Days festival would be happening on October 3rd & 4th. Town Planner Lauren Evans spoke regarding the upcoming special events that the Town will be putting on the remainder of 2025 and into 2026.Those events will be a Gospel Sing on October 2nd, as well as the Christmas Tree Lighting on November 24th, and Christmas Parade on December 1st. There will be a spring concert, a 100 Years of Erwin community event, and a Fourth of July event with 2 fireworks and the Band of Oz on Friday, July 3rd. NEW BUSINESS ZT-2025-006 Town Planner Dylan Eure informed the Board that this is a rezoning request for a parcel, located by its Harnett County Tax PIN of 0596-99-2982.000. Currently, this parcel is zoning as a commercial M-1 Industrial district to be used solely for a cell phone tower. This petition would rezone the above parcel to be entirely under the R-10 zoning classification for residential purposes. This site has recently been subdivided, removing the existing tower from the property that is petitioned to be rezoned. Upon rezoning of this property, the conditional district that was placed on the property would be eliminated for the portion of the property owned by Mrs. & Mr. Hurley, allowing for residential purposes. The cell tower would remain at 99 Walter Drive, or Harnett County Tax PIN 0596-89-6725.000, and owned by Kimber Group. This would keep the property in conformity with Erwin’s Ordinances. The surrounding area is mostly comprised of single-family residential and agricultural areas. Board Member Marsha Woodard asked if that road, Walter Drive, was a dead-end road. Town Planner Dylan Eure explained that yes, the road dead-ends and that there is an access easement for the cell tower on that subdivided parcel. Traffic would have to come in and out on Walter Drive, but there is only residential and the cell tower. Board Member Michael Jackson asked if the parcel was only zoned this way because of the cell tower. Town Planner Dylan Eure confirmed that this was the case. The applicant, Beverly Gurkin Hurley, approached the Board to explain that she and her husband want to do a single-family home, of about 2500 square feet. The lot size is about 4.72 acres in total. Board Member Kathryn Moore made a motion to approve the rezoning request, which was seconded by Michael Jackson. 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 CD-M1 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 layout of the surrounding area, the R-10 zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-006 be approved.” Board member Jim Hartman made a motion in the affirmative, which was seconded by Kathryn Moore. The Board voted unanimously. 3  ZT-2025-007 Board Member Michael Jackson asked to be recused from this rezoning, due to a financial conflict of interest with this case, as Jackson Family Enterprises LLC is the property owner. Board Member Jim Hartman made a motion to recuse Michael Jackson, which was seconded by Marsha Woodard. The Board voted unanimously, and Michael Jackson left the meeting at 7:10 p.m. Out-of- Town Board Member Howard Godwin joined the meeting at 7:11 p.m. Town Planner Dylan Eure informed the Board that this is a rezoning request for a parcel, located by its Harnett County Tax PIN of 0597-77-2872.000, or its physical address of 108 Barnes Drive, Erwin NC 28339. Currently, this parcel is split-zoned under commercial B-2 (93.3% or 3.85 acres) and residential R- 6 (6.7% or .28 acres) districts. The said petition would rezone the above parcel to be entirely in the B-2 zoning classification for the purpose of construction a commercial business. There was a split zoning back in 2022, when the address of 108 Barnes was recombined with another lot. The applicant would like this to all be commercial. The surrounding land uses are primarily comprised of single-family residences and commercial establishments, with the zoning classifications being B-2 and R-10. To the direct left of the property being zoned as B-2 with commercial uses such as CVS, Buffaloe Lanes, and Pelicans. There are also B-2 properties across US421, being the Town of Erwin’s Public Works department and Tony’s Auto Sales. To the rear and right of the parcel, the zoning classification is R-6, with the uses consisting of single-family residences. According to Erwin’s 2023 Land Use Plan, this parcel, including its R-6 portion, is designated as commercial/mixed use, which includes B-2 uses. If the property is rezoned, the developer would have to install a 20ft vegetative buffer along the abutting properties zoned as residential. Board Member Marsha Woodard asked if it was possible that the exit onto Barnes Drive could be blocked and that entrance and exit would only be on US 421. Town Planner Dylan Eure stated that we cannot do that, but that Barnes Drive isn’t expected to be used much except for the residents that live in that area. Because there are entrances/exits on NC Hwy 55 and US 421, that was not a concern. A representative for the applicant, Jacob Dooley, of 5410 Trinity Road, Raleigh NC, spoke to the Board. He stated that he was a civil engineer for Timmons Group which represents Circle K Stores. The rezoning request is currently in the concept stages. It would be a 4000 square foot store with six gas pumps and a stormwater pond to treat the impervious on-site. There is no traffic increase anticipated on Barnes Drive due to the other, more accessible, entrances and exits. Board Member Marsha Woodward asked if there was a current timeline. Mr. Dooley stated that permits would be 6-12 months, and construction for about 6 months after that. Board Member Rebecca Kelly asked if the vegetative buffer would not preclude the entrance and exit on Barnes Drive. Mr. Dooley stated that there would be a buffer except for the connection to the road. The Board had no other questions for Mr. Dooley. 4 Board Member Kathryn Moore made a motion to approve the rezoning request, which was seconded by Harold Downing Jr. The Board voted unanimously. Chairperson Nicholas Skatell asked the Board to read the Statement of Consistency. Board Member Marsha Woodard read the following Statement of Consistency: “The requested rezoning from B-2/R-6 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 layout of the surrounding area, the B-2 zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-007 be approved.” Board member Kathryn Moore made a motion in the affirmative, which was seconded by Jim Hartman. The Board voted unanimously. Town Planner Dylan Eure stated that these rezonings would be going to the Board of Commissioners at the November meeting on November 6th. ADJOURNMENT Board Member Howard Godwin made a motion to adjourn the meeting at 7:19 P.M. and was seconded by Marsha Woodard. Motion unanimously approved. Minutes recorded and typed by Katelan Blount, Deputy Town Clerk ______________________________ ______________________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 5  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 10/20/2025 Timothy D. Marbell Charles L. Byrd ZT-2025-008 David L. Nelson Memorandum William R. Turnage Rezoning Description The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin 0597-61-6743.000 or its physical address of 801 S 13th St. Currently, this parcel is split- zoned under the commercial B-2 and the residential R-10 district and is in use by Carlie C’s IGA with its classification being a retail/convenience store. The said petition would rezone the above parcel to be entirely under the B-2 zoning classification. Property Description A single parcel located by its physical address of 801 S 13th St. or by its Harnett County Tax Pin 0597-61-6743.000, as previously mentioned. The said parcel is split-zoned between the commercial B-2 and residential R-10 zoning districts, as stated. According to the most recent recorded map, the split-zoned classification was caused by a recombination of parcels that took place in August 2008, of which a parcel that previously contained a home was joined with the principal property located at 801 S 13th St. Currently, there are 3 addressed properties on the lot, being that of Carlie C’s being at 801 S 13th, as well as a building with the addresses of 107 and 109 Old Post Rd. If said property were completely rezoned to be entirely under the B-2 zoning classification and the current use was expanded, the applicant of the rezoning would have to retain any existing buffer vegetation against any neighboring residential property for a distance of at least 20ft. If the total development footprint is expanded by 25% within a 5-year period, the site shall conform to Erwin’s Landscaping Ordinances to the fullest extent possible. The surrounding land uses are primarily comprised of single-family residences and commercial establishments, with the zoning classifications being B-2 and R-10. To the north, north-west, and north-east of the property is zoned as B-2 with commercial uses such as Keen’s Auto Body (vehicular services), Lucky Stop (convenience store), E & J Heating and Cooling (professional services), and A Cleaner Tomorrow Dry Cleaners (service establishment). To the south and east of the parcel, the primary land use is single-family residential under the R-10 zoning district. To the west of the property, there is a mix of commercial and residential uses under the B-2 and R- 10 zoning classifications, with uses such as single-family homes and retail/professional services. According to Erwin’s 2023 Land Use Plan, this parcel is designated as commercial/mixed use, which includes B-2 uses. Regards, Dylan Eure, Town Planner 6 7 8 9 10 11 12 13 14 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² Flood Map Index 2-5 NC 6 - 36 Ingress_Egress County Boundary Gravity Parcels City Limits Harnett.org/GIS Force Main Address Numbers September 15, 2025 Road Centerlines 0 15 Feet 160 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² Flood Map Index 2-5 NC RD-CD County Boundary 6 - 36 Ingress_Egress ETJ Gravity Parcels City Limits Force Main B2 Harnett.org/GIS Address Numbers September 15, 2025 Road Centerlines R10 0 16 Feet 160  R-10 Permitted Uses Sec. 36-144. Permitted uses and structures. The following are permitted uses and structures: (1) Single-family dwellings. (2) Municipal facilities. (3) Religious uses, including churches and other places of worship, religious education buildings, and parish houses, but not including cemeteries. (4) Family care home. (5) Public facilities. (6) Customary home occupations. (Code 1977, § 9-4026.2; Ord. of 5-3-2001; Ord. No. 2023-2024-001 , 7-6-2023) 17  B-2 Permitted Uses 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) 18  REZONING MAP REQUEST STAFF REPORT Case: ZT-2025-008 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 10/20/2025 Town Commissioners: 12/04/2025 The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin 0597-61-6743.000 or its physical address of 801 S 13th St. Currently, this parcel is split-zoned under the commercial B-2 and the residential R-10 district. The said petition would rezone the above parcel to be entirely under the B-2 zoning classification. Applicant Information Owner of Record: Name: MSM Realty Address: P.O. box 738 City/State/Zip: Erwin, NC 28339 Applicant: Name: Carlie C. McLamb Jr. Address: 10 Carlie C’s Dr. City/State/Zip: Dunn, NC 28334 Property Description: • Harnett County Tax Pin #0597-61-6743.000 • Harnett County Map Book: 2008 pg. 774 (most recent survey) • 4.79 acres • B-2: 68.18% or 3.3 acres • R-10: 31.82% or 1.54 acres Type of Decision: • Legislative Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts 19 Physical Characteristics Site Description: A single parcel located by its physical address of 801 S 13th St. or by its Harnett County Tax Pin 0597-61-6743.000. The lot is currently occupied by Carlie C’s IGA, with its official use being a retail/convenience store. The said parcel is split-zoned between the commercial B-2 and residential R-10 zoning districts. According to the most recent recorded map, the split-zoned classification was caused by a recombination of parcels that took place in August 2008, of which a parcel that previously contained a home was joined with the principal property located at 801 S 13th St. Currently, there are 3 addressed properties on the lot, being that of Carlie C’s being at 801 S 13th, as well as a building with the addresses of 107 and 109 Old Post Rd. In terms of utilities, the current buildings have connections to both Harnett Regional water and sewer lines. Concerning the environment, there appear to be no wetlands, watersheds, or flood hazard areas affecting the lot. If said property were completely rezoned to be entirely under the B-2 zoning classification and the current use was expanded, the applicant of the rezoning would have to retain any existing buffer vegetation against any neighboring residential property for a distance of at least 20ft. If the total development footprint is expanded by 25% within a 5-year period, the site shall conform to Erwin’s Landscaping Ordinances to the fullest extent possible. Surrounding Land Uses: The surrounding land uses are primarily comprised of single-family residences and commercial establishments, with the zoning classifications being B-2 and R-10. To the north, north-west, and north-east of the property is zoned as B-2 with commercial uses such as Keen’s Auto Body (vehicular services), Lucky Stop (convenience store), E & J Heating and Cooling (professional services), and A Cleaner Tomorrow Dry Cleaners (service establishment). To the south and east of the parcel, the primary land use is single-family residential under the R-10 zoning district. To the west of the property, there is a mix of commercial and residential uses under the B-2 and R- 10 zoning classifications, with uses such as single-family homes and retail/professional services. According to Erwin’s 2023 Land Use Plan, this parcel is designated as commercial/mixed use, which includes B-2 uses. Services Available • Harnett County Water & Sewer • Duke Energy for electric • Brightspeed for telecommunications • Erwin Police Department • Harnett County Emergency Services 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 20  • Reasoning: The rezoning is reasonable, due to the property already being majority B-2, and the potential expansion of Erwin’s only major grocery store would outweigh any potential inconvenience to the community. 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 designated for commercial use. X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow the current and any future commercial establishments to use the entirety of the lot for commercial purposes, which would serve Erwin’s 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 completely zoned under the B-2 zoning classification. 21  There is a convincing demonstration that all uses All permitted uses within Erwin’s B-2 permitted under the proposed district classification district would be in the general public would be in the general public interest and not interest of the community, as evident in the merely in the interest of an individual or small current use of the property and other nearby group. YES B-2 properties that have active commercial uses. There is a convincing demonstration that all uses permitted under the proposed district classification Since many of the nearby properties, as well would be appropriate in the area included in the as the majority of the petitioned property, proposed change. (When a new district are currently zoned as B-2, there is no designation is assigned, any use permitted in the evidence as to why a permitted use under the district is allowable, so long as it meets district B-2 district would be a detriment to the requirements, and not merely uses which surrounding area. applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The parcel is presently under a majority of character of the neighborhood will not be the B-2 zoning district and has an already materially and adversely affected by any use permitted business on the parcel, with no permitted in the proposed change. YES proof of adversely affecting the neighborhood. 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 classification, such as B-2. Statement of Consistency The requested rezoning from B-2/R-10 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 layout of the surrounding area the B-2 zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-008 is approved. 22  Statement of Consistency ZT-2025-008 The requested rezoning from B-2/R-10 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 layout of the surrounding area, the B-2 zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-008 be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 23  Statement of Inconsistency ZT-2025-008 The requested rezoning from B-2/R-10 to the B-2 classification is not compatible with any or all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and layout of the surrounding area, the B-2 zoning classification would not best serve the area. Therefore, it is recommended that ZT-2025-008 NOT be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 24  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 10/20/2025 Timothy D. Marbell Charles L. Byrd ZT-2025-009 David L. Nelson Memorandum William R. Turnage Rezoning Description The Town of Erwin has received a request to rezone 3 parcels that are within Erwin’s ETJ, located by their Harnett County Tax Pins 0597-06-0841.000, 0597-08-2455, and 0587-95-3137.000. Currently, these parcels are zoned as Conservation and R-10 residential. The said petition would rezone all of the parcels to be entirely under the RD (rural district) zoning classification. Property Description 3 parcels located by their Harnett County Tax Pins of 0597-06-0841.000, 0597-08-2455, and 0587-95- 3137.000 that are within Erwin’s ETJ off of Old Stage Rd. Currently, 2 of the 3 lots (0597-06-0841.000 & 0597-08-2455) are vacant parcels with no structures on the property, with their use being primarily agriculture or farmland. While the remaining lot (0587-95-3137.000) does have a structure on the property, according to the most recent survey of record. Said structures appear on the plat as a concrete/brick building with a chain-linked fence, with no use as of current. Regarding HC Tax Pin 0597- 06-0841.000, the zoning of the parcel is split between the R-10 and Conservation zoning districts. For HC Tax Pin 0597-08-2455, the zoning district for the parcel is entirely R-10. Finally, the HC Tax Pin of 0587-95-3137.000 is zoned entirely under Conservation. Concerning the environment, there appear to be wetlands, streamlines, and flood hazard areas affecting the lots. Prior to any zoning/building permits being issued for the lots, the applicant would need to ensure that all legal requirements are being fulfilled to avoid any disturbance of wetlands/ streamlines that were not permitted by the Army Corps of Engineers or the North Carolina Division of Environmental Quality. Regarding the flood zones located on the properties, the applicant would have to adhere to Chapter 16 of Erwin’s Code of Ordinances relating to floodplain development. The surrounding land uses are primarily comprised of single-family residences and agricultural uses, with the zoning classifications being RD and R-10. However, there are additional areas zoned as Conservation to the southwest of the properties, which appear to be vacant tracks of land. To the north, north-west, and north-east of the properties is zoned as R-10 and RD with uses such as single-family homes and farmland. To the south of the parcel is the Cape Fear River, with uses across the river being farmland, under the Conservation and RD zoning classifications. To the east and west of the parcels, there are additional RD and R-10 properties with uses of farmland and single- family homes. According to Erwin’s 2023 Land Use Plan, this parcel is designated as suburban residential and conservation, which may include low-intensity uses contained within the RD zoning district. Regards, Dylan Eure, Town Planner 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Force Main Freshwater Emergent Ponds Wetland City Limits Road Centerlines Named Flowline Freshwater Forested/ Unamed Flowline Ingress_Egress Shrub Wetland 2-5 Cape Fear River Harnett.org/GIS Electric Freshwater Pond 6 - 36 September 24, 2025 Gravity Parcels Riverine 0 41 Feet 680 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Force Main Freshwater Emergent Ponds RD City Limits Road Centerlines Wetland Named Flowline Z Freshwater Forested/ Unamed Flowline ETJ Ingress_Egress Shrub Wetland 2-5 Cape Fear River Electric Freshwater Pond 6 - 36 CV Harnett.org/GIS Parcels Riverine 42 Gravity R10 Feet September 24, 2025 0 680  R-10 Permitted Uses Sec. 36-144. Permitted uses and structures. The following are permitted uses and structures: (1) Single-family dwellings. (2) Municipal facilities. (3) Religious uses, including churches and other places of worship, religious education buildings, and parish houses, but not including cemeteries. (4) Family care home. (5) Public facilities. (6) Customary home occupations. (Code 1977, § 9-4026.2; Ord. of 5-3-2001; Ord. No. 2023-2024-001 , 7-6-2023) 43  RD Permitted Uses Sec. 36-78. Permitted principal uses and structures. The following are permitted principal uses and structures: (1) Single-family dwellings. (2) Farms and agricultural uses for crop and livestock production. Note: A farm shall not be construed to include commercial poultry and swine production, cattle feed lots, and fur-bearing animals. (3) Family care home. (4) Religious uses, including churches and other places of worship, religious education buildings and parish houses. (5) Municipal facilities. (6) Manufactured Class A homes on individual lots. (7) Customary home occupations. (8) Equine stables (private or commercial use). Only applicable in the Planning Zone. Equine stables are not permitted inside town limits. (9) 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 another day care center, day nursery, preschool, or similar use. (10) Public facilities. (Code 1977, § 9-4024.2; Ord. of 5-3-2001; Ord. of 11-6-2014; Ord. No. 2023-2024-001 , 7-6-2023) 44  Conservation Permitted Uses Sec. 36-341. Permitted principal uses and structures. The following are permitted principal uses and structures: (1) Farms and agricultural uses for crop and livestock production. (2) Parks and recreational activity. (3) Nature preserves. (4) Municipal facilities. (Code 1977, § 9-4032.2; Ord. of 5-3-2001) 45 46 47  REZONING MAP REQUEST STAFF REPORT Case: ZT-2025-009 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 10/20/2025 Town Commissioners: 12/04/2025 The Town of Erwin has received a request to rezone 3 parcels that are within Erwin’s ETJ, located by their Harnett County Tax Pins 0597-06-0841.000, 0597-08-2455, and 0587-95-3137.000. Currently, these parcels are zoned as Conservation and R-10 residential. The said petition would rezone all of the parcels to be entirely under the RD (rural district) zoning classification. Applicant Information Owner of Record: Name: BVM Farms LLC Address: Mailing: 1072 Neills Creek Rd. / Tax Pin: 0597-06-0841.000 City/State/Zip: Lillington, NC 27546-4828 Name: BVM Farms LLC Address: Mailing: 1072 Neills Creek Rd. / Tax Pin: 0597-08-2455.000 City/State/Zip: Lillington, NC 27546-4828 Name: Harnett County Address: Mailing: PO Box 759 City/State/Zip: Lillington, NC 27546-0000 Applicant: Name: Harnett County / Harnett Regional Water Address: Mailing: PO Box 1119 City/State/Zip: Lillington, NC 27546-0000 Property Description: Harnett County Tax Pin: 0597-06-0841.000 • Harnett County Map Book: 7 pg.2 (most recent survey) • 67.19 acres • Conservation: 80.19% or 53.88 acres • R-10: 19.21% or 13.31 acres 48  Harnett County Tax Pin: 0597-08-2455.000 • Harnett County Map Book: 2007 pg. 772 (most recent survey) • 2.44 acres • R-10: 100% Harnett County Tax Pin: 0587-95-3137.000 • Harnett County Map Book: 2008 pg. 1076 • 1.30 acres • Conservation: 100% Type of Decision: • Legislative Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts Physical Characteristics Site Description: 3 parcels located by their Harnett County Tax Pins of 0597-06-0841.000, 0597-08-2455, and 0587-95-3137.000 that are within Erwin’s ETJ off of Old Stage Rd. Currently, 2 of the 3 lots (0597-06-0841.000 & 0597-08-2455) are vacant parcels with no structures on the property, with their use being primarily agriculture or farmland. While the remaining lot (0587-95-3137.000) does have a structure on the property, according to the most recent survey of record. Said structures appear on the plat as a concrete/brick building with a chain-linked fence, with no use as of current. Regarding HC Tax Pin 0597-06-0841.000, the zoning of the parcel is split between the R-10 and Conservation zoning districts. For HC Tax Pin 0597-08-2455, the zoning district for the parcel is entirely R-10. Finally, the remaining HC Tax Pin of 0587-95-3137.000 is zoned entirely under Conservation. In terms of utilities, the current parcels have connections to Harnett Regional water lines. Concerning the environment, there appear to be wetlands, streamlines, and flood hazard areas affecting the lots. Prior to any zoning/building permits being issued for the lots, the applicant would need to ensure that all legal requirements are being fulfilled to avoid any disturbance of wetlands/ streamlines that were not permitted by the Army Corps of Engineers or the North Carolina Division of Environmental Quality. Regarding the flood zones located on the properties, the applicant would have to adhere to Chapter 16 of Erwin’s Code of Ordinances relating to floodplain development. Surrounding Land Uses: The surrounding land uses are primarily comprised of single-family residences and agricultural uses, with the zoning classifications being RD and R-10. However, there are additional areas 49 zoned as Conservation to the southwest of the properties, which appear to be vacant tracks of land. To the north, north-west, and north-east of the properties is zoned as R-10 and RD with uses such as single-family homes and farmland. To the south of the parcel is the Cape Fear River, with uses across the river being farmland, under the Conservation and RD zoning classifications. To the east and west of the parcels, there are additional RD and R-10 properties with uses of farmland and single-family homes. According to Erwin’s 2023 Land Use Plan, this parcel is designated as suburban residential and conservation, which may include low-intensity uses contained within the RD zoning district. Services Available • Harnett County Water • Duke Energy for electric • Brightspeed for telecommunications • Harnett County Sheriff’s Office • Harnett County Emergency Services 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 reasonable, due to many of the adjacent properties already being under the RD zoning classification, and a potential permitted use within the RD zoning classification would better the surrounding 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 properties are designated as suburban residential, which includes low-intensity uses contained within the RD zoning district. X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would enhance public health as this would allow Harnett County to construct a public facility that would benefit Erwin’s community and growth. X Yes No The request is for a SMALL SCALE REZONING and should be evaluated for reasonableness. • Reasoning: This rezoning request includes 3 contiguous parcels to be completely zoned under the RD zoning classification. 50  There is a convincing demonstration that all uses All permitted uses within Erwin’s RD permitted under the proposed district classification zoning classifications would be in the would be in the general public interest and not general public interest of the community, as merely in the interest of an individual or small evident in adjacent properties that currently group. YES have the RD zoning classification. There is a convincing demonstration that all uses permitted under the proposed district classification Since many of the nearby properties are would be appropriate in the area included in the currently zoned as RD, there is no evidence proposed change. (When a new district as to why a permitted use under the RD designation is assigned, any use permitted in the zoning classification would be a detriment to district is allowable, so long as it meets district the surrounding area. requirements, and not merely uses which applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the Many of the adjacent properties are already character of the neighborhood will not be under the RD zoning classification, showing materially and adversely affected by any use there is no permitted use within the district permitted in the proposed change. YES that would adversely affect the neighborhood. The proposed change is in accord with the Land The Erwin 2023 Land Use Plan has these Development Plan and sound planning principles. parcels under the suburban residential YES classification, which may include the low intensity uses of the RD zoning classification. Statement of Consistency The requested rezoning from Conservation and R-10 to the RD classification is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and layout of the surrounding area the RD zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-009 is approved. 51  Statement of Consistency ZT-2025-009 The requested rezoning from Conservation and R-10 to the RD classification is compatible with all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and layout of the surrounding area, the RD zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-009 be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 52  Statement of Inconsistency ZT-2025-009 The requested rezoning from Conservation and R-10 to the RD classification is not compatible with any or all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and layout of the surrounding area, the RD zoning classification would not best serve the area. Therefore, it is recommended that ZT-2025-009 NOT be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 53  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 10/20/2025 Timothy D. Marbell Charles L. Byrd ZT-2025-010 David L. Nelson Memorandum William R. Turnage Rezoning Description The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin 1507-14-5776.000 or its physical address of 12 Red Hill Church Rd. Currently, this parcel is split-zoned under the commercial B-2 and the residential R-10 district. The said petition would rezone the above parcel to be entirely under the B-2 zoning classification. Property Description The lot is currently being occupied by an abandoned single-family dwelling that has been vacant since 2017, according to Harnett Regional Water records. That said, the current home on the property is contained within the B-2 portion of the lot, making it a non-conforming use of land. In terms of utilities available to the parcel, both water and sewer show to be available to the area. However, Harnett Regional Water would have to confirm that the site would be able to connect to services upon construction of a commercial establishment, and no upgrades would be required. There does appear to be a Duke power line easement that runs through the side of the property. Upon the construction of a building, no permanent structures could be allowed to be placed under the easement unless permission is granted by the easement holder. As far as the environment is concerned, there does not appear to be any wetlands, watersheds, or flood zones affecting the property. If the property is rezoned and a commercial use is constructed/placed, a 20-foot vegetative buffer would be required between the property being rezoned and the parcel identified by its physical address of 72 Red Hill Church Rd. The surrounding land uses are primarily comprised of single-family residences, commercial establishments, and industrial uses, with the zoning classifications being B-2, B-1, R-10, R-6, RD, and M-1. Regards, Dylan Eure Town Planner 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary 6 - 36 US Watershed HUC8 City Limits Gravity Electric Freshwater Forested/ Address Numbers Force Main Parcels Shrub Wetland Road Centerlines Watershed HUC12 Harnett.org/GIS September 29, 2025 0 74 80 Feet Harnett County GIS Harnett County GIS NOT FOR LEGAL USE ² County Boundary Force Main Watershed HUC8 R10 City Limits Road Centerlines Freshwater Forested/ RD Address Numbers US Shrub Wetland ETJ Electric B2 Harnett.org/GIS 6 - 36 Parcels September 29, 2025 Gravity Watershed HUC12 M1 0 75 80 Feet  B-2 Permitted Uses 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) 76 77 78  REZONING MAP REQUEST STAFF REPORT Case: ZT-2025-010 Dylan Eure, Town Planner deure@erwin-nc.org Phone: (910) 591-4201 Fax: (910) 897-5543 Planning Board: 10/20/2025 Town Commissioners: 12/04/2025 The Town of Erwin has received a request to rezone a parcel located by its Harnett County Tax Pin 1507-14-5776.000 or its physical address of 12 Red Hill Church Rd. Currently, this parcel is split- zoned under the commercial B-2 and the residential R-10 district. The said petition would rezone the above parcel to be entirely under the B-2 zoning classification. Applicant Information Owner of Record: Name: Jatwhit LLC Address: 311 Coleridge Dr. City/State/Zip: Dunn, NC 28334-4408 Applicant: Name: Todd Whittenton Address: 863 Neighbors Rd City/State/Zip: Dunn, NC 28334 Property Description: • Harnett County Tax Pin #1507-14-5776.000 • 1.40 acres o B-2: 84.97% or 1.19 acres o R-10: 15.04% or .21 acres Type of Decision: • Legislative Vicinity Map • See Attached Harnett County GIS Image with zoning districts • See Attached Harnett County GIS Image without zoning districts 79 Physical Characteristics Site Description: A single parcel located within Erwin’s corporate limits by its physical address of 12 Red Hill Church Rd or by its Harnett County Pin 1507-14-5776.000. The lot is currently being occupied by an abandoned single-family home that has been vacant since at least 2017, according to Harnett Regional Water records. The zoning of the parcel is split-zoned between the B-2 commercial district and the R-10 residential district. That said, the current home on the property is contained within the B-2 portion of the lot, making it a non-conforming use of land. Since the property has been vacant for over 180 days, this property cannot return to residential use unless the property is rezoned to be under a residential zoning district. However, the petition is to rezone the property to be entirely under the B-2 zoning classification. With the applicant wanting to demolish the home and erect a commercial establishment. In terms of utilities available to the parcel, both water and sewer show to be available to the area. However, Harnett Regional Water would have to confirm that the site would be able to connect to services upon construction of a commercial establishment, and no upgrades would be required. There does appear to be a Duke power line easement that runs through the side of the property. Upon the construction of a building, no permanent structures could be allowed to be placed under the easement unless permission is granted by the easement holder. As far as the environment is concerned, there does not appear to be any wetlands, watersheds, or flood zones affecting the property. If the property is rezoned and a commercial use is constructed/placed, a 20-foot vegetative buffer would be required between the property being rezoned and the parcel identified by its physical address of 72 Red Hill Church Rd. Surrounding Land Uses: The surrounding land uses are primarily comprised of single-family residences, commercial establishments, and industrial uses, with the zoning classifications being B-2, B-1, R-10, R-6, RD, and M-1. To the north of the property, there is R-10 zoning that contains single-family homes, as well as M-1 zoning that contains uses such as EnviroBEE. To the west of the property, there are zoning classifications of B-2, M-1, and R-6 with uses of a solar panel development, the Dunn-Erwin Rail Trail, single-family homes, and a cell tower. To the east of the property, there is B-2 and RD zoning with uses such as Ample Storage as well as vacant land. South of the property, there are B-2 and B-1 with uses such as University Storage and Miller’s Landscaping. Services Available • Harnett County Water & Sewer • Duke Energy for electric • Brightspeed for telecommunications • Erwin Police Department • Harnett County Emergency Services Staff Evaluation 80 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 reasonable, due to the property already being majority B-2, along with many of the other adjacent properties. 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 designated for commercial, which includes B-2 uses. X Yes No The proposal does ENHANCE or maintain the public health, safety, and general welfare. • Reasoning: The rezoning would allow for future commercial establishments to use the entirety of the lot for commercial purposes, which would serve Erwin’s 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 1.4-acre parcel to be completely zoned under the B-2 zoning classification. 81  There is a convincing demonstration that all uses All permitted uses within Erwin’s B-2 permitted under the proposed district classification district would be in the general public would be in the general public interest and not interest of the community, as evident in the merely in the interest of an individual or small current use of the property and other nearby group. YES B-2 properties that have active commercial uses. There is a convincing demonstration that all uses permitted under the proposed district classification Since many of the nearby properties, as well would be appropriate in the area included in the as the majority of the petitioned property, proposed change. (When a new district are currently zoned as B-2, there is no designation is assigned, any use permitted in the evidence as to why a permitted use under the district is allowable, so long as it meets district B-2 district would be a detriment to the requirements, and not merely uses which surrounding area. applicants state they intend to make of the property involved.) YES There is a convincing demonstration that the The parcel is presently under a majority of character of the neighborhood will not be the B-2 zoning district with no proof of materially and adversely affected by any use adversely affecting the neighborhood. 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 classification, such as B-2. Statement of Consistency The requested rezoning from B-2/R-10 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 layout of the surrounding area the B-2 zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-010 is approved. 82  Statement of Consistency ZT-2025-010 The requested rezoning from B-2/R-10 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 layout of the surrounding area, the B-2 zoning classification would best serve the area. Therefore, it is recommended that ZT-2025-010 be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 83  Statement of Inconsistency ZT-2025-010 The requested rezoning from B-2/R-10 to the B-2 classification is not compatible with any or all of the Town of Erwin’s regulatory documents. According to Erwin’s 2023 Land Use Plan and layout of the surrounding area, the B-2 zoning classification would not best serve the area. Therefore, it is recommended that ZT-2025-010 NOT be approved. ________________________ _____________________ Nicholas Skatell Katelan Blount Chairperson Deputy Town Clerk 84