Planning Board Meeting

Town of Weaverville Planning Board Regular Monthly MeeƟng Tuesday, June 3, 2025, 6:00pm Fire Department Training Room 3 MonƟcello Road Agenda Pg# 1. Call to Order ………………………………………………………………….. Chair Kelley 2. AdopƟon of Agenda ………………………………………………………. 3. Approval of Minutes – 5/6/2025 Regular MeeƟng ………… 2 Chair Kelley 4. Zoning Map Amendment – 21 College Crescent…………….. 4 Planning Director Eller 5. Zoning Text Amendment – ResidenƟal District Signage…. 15 Planning Director Eller 6. Adjournment Chair Kelley NOTE VENUE change- LocaƟon for meeƟng to be held at the Weaverville Fire Department, 3 MonƟcello Road, Weaverville, N.C. Planning Board Meeting Minutes May 6, 2025 The Planning Board of the Town of Weaverville met for a regularly scheduled monthly meeting at 6:00 pm on Tuesday, May 6, 2025, within the Community Room/Council Chambers at Town Hall, 30 South Main Street, Weaverville, NC. 1. Call to Order Chair Kelley called the meeting to order at 6:02pm. Planning Board members present: Chair Jane Kelley, Michael Sollazzo, Jonathan Brown, Donna Mann Belt; Absent: Vice Chair Mark Endries, Jennifer Young ‹ťÍƯϙŕŘôŜôIJťϡϙ„īÍIJIJĖIJČϙ"ĖŘôèťĺŘϙVÍıôŜϙ(īīôŘϠϙ„īÍIJIJôŘϙ@ŘÍēÍıϙŘÍſċĺŘîϠϙ
ŜŜĖŜťÍIJť Town Manager Jackson 2. Adopt/Amend Agenda Sollazzo moved to adopt the agenda as presented. All voted in favor and the motion carried 4-0. 3. Approval of Minutes Sollazzo moved to approve the April 1, 2025 meeting minutes as presented. All voted in favor and the motion carried 4-0. 4. Review of Residential Uses Review of residential uses is noted as a high priority in the CLUP. Eller explained the limitations that the recently enacted law concerning downzoning (SB 382) presents for any real changes to the regulations concerning residential uses. There was discussion among the BĺÍŘîϙÍIJîϙŜťÍƯϙÍæĺŪťϙrecently adopted regulations and the enforceability there of and zoning related to future annexation given those limitations. There was Board consensus to hold on reviewing residential uses due to the changed environment from SB 382 ÍIJîϙŕĺŜŜĖæīôϙċŪŘťēôŘϙīôČĖŜīÍťĖĺIJϙÍƯôèťĖIJČ local control over land use regulations. 5. Update of Comprehensive Land Use Plan (CLUP) Eller provided the Board with updates on relevant developments in the last 5 years that should be considered when updating the CLUP. Sollazzo suggested that the Town public street system and potential growth in that system be considered in the CLUP. Others requested that current and anticipated population estimates and 2  developments that have been built or approved be included. There was consensus that the priorities and goals section of the CLUP is useful. There was discussion between the BĺÍŘîϙÍIJîϙŜťÍƯϙÍŘĺŪIJîϙèĺııŪIJĖťƅϙĖIJŕŪť, how to get the public engagement higher, and when to have the community input. It was noted that the CLUP is not being impacted by the “down-zoning” legislation because it is an advisory document that is required by law. The general timeline of the comprehensive update to the CLUP is agreed upon and acknowledged to be aggressive but feasible. 6. Envision Buncombe Recovery Planning Survey Eller shared and encouraged the board to participate in the Buncombe Recovery Planning Survey. Jackson further detailed the goals and objectives of the survey. The QR code and link to the survey were provided in the packet. 7. Continued Discussion of Meeting Date and Time There appears to be consensus to move the time of the Planning Board meetings to 4:00 pm and to possibly change to Monday evenings. The Board decided to wait and take action once the opinions of ÍīīϙıôıæôŘŜϙÍŘôϙŘôèôĖŽôîϟϙ‹ťÍƯϙſĖīīϙobtain information from any member that has not responded to the poll and bring a recommendation back to the Board at the June meeting. 8. Other Business “ēôϙĺÍŘîϙÍŜħôîϙ(īīôŘϙċĺŘϙÍIJϙĺŽôŘŽĖôſϙĺċϙŕŘĺŕĺŜôîϙFϙ͖͕͔ϟϙ“ēôϙĺÍŘîϙÍIJîϙŜťÍƯϙēÍî îĖŜèŪŜŜĖĺIJϙÍæĺŪťϙťēôϙŕĺťôIJťĖÍīϙèĺIJƲĖèťŜϙŘôīÍťôîϙťĺϙŕīÍIJIJĖIJČϙÍIJîϙÍŜħôîϙŗŪôŜťĖĺIJŜ related to the bill’s impacts. It was agreed that this Bill and others pending would dramatically impact local land use regulation and should be monitored closely. Eller reminded the Board that information that is shared during Planning Board meetings should be true and accurate so that misunderstandings do not occur. 9. Adjournment Chair Kelley declared the meeting adjourned at approximately 6:59pm. 3  TOWN OF WEAVERVILLE PLANNING BOARD AGENDA ITEM Date of Meeting: Tuesday, June 3, 2025 Subject: Zoning Map Amendment – 21 College Crescent Presenter: Planning Director Attachments: Application and Supporting Documents, Staff Report Description: Town Council has referred this zoning map amendment request to the Planning Board for the full review process as required by N.C.G.S. Chapter 160D. The Planning Board shall now review and offer comment on the proposal as per Sec. 20-1505. Action Requested: Staff is seeking a recommendation from the Board to Town Council on the proposed zoning map amendment. 4 5 6 7 8 9 10  Town of Weaverville, North Carolina Staff Report: 21 College Cresent Prepared May 2025 Zoning Map Amendment Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan, SB 382 Introduction to the Property The subject parcel, commonly know as 21 College Cresent, consists of .37 acres as shown on Buncombe County tax records. The property may be found at the intersection of College Crescent and College Street, with Church Street to the north and Central Avenue to the South. Page 1 of 4 11  Town of Weaverville, North Carolina Staff Report: 21 College Cresent Prepared May 2025 Zoning Map Amendment Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan, SB 382 Desired Zoning Map Amendment Currently the property is zoned R-1 which carries a 10,000 square foot minimum lot area and a 100-foot minimum lot width. A zoning change to the R-2 zoning is desired which would reduce the minimum lot area to 7,500 square feet and the minimum lot width to 75 feet. Under existing conditions, the property may not be subdivided. Should the zoning map amendment be adopted it would allow the property to be subdivided once for a total of two lots. While the R-2 zoning district does allow for multifamily residential there would not exist enough minimum lot area on either lot to support a duplex. Though there exists the possibility to remove the existing home and begin again with a bare lot, the total unit count would not increase and is therefore unlikely to occur. Minimum Lot Area Minimum Lot Width R-1 10,000 square feet 100 feet R-2 7,500 square feet 75 feet Acreage Preset: .37, Minimum square footage for multifamily in R-2 equaling 16,117 square feet 12,500 for two units 17,500 for three units Given the totality of the circumstances, it is the understanding of staff that the proposed zoning map amendment is likely to yield one additional lot and one additional single family home. Here it should also be noted that secondary dwellings are allowed in both the R-1 and R-2 zoning districts. Plan Consistency and Reasonableness Statement for Rezonings Sec. 20-1505. Planning board review and comment. (a) New development regulations. The planning board shall review and comment upon a proposed development regulation, including the full text of such regulations and any proposed zoning maps associated with the regulations. The planning board may hold public meetings and legislative hearings in the course of preparing the regulation. Upon completion, the planning board shall make a written recommendation regarding adoption of the regulation to the governing board. The governing board shall not hold its required hearing or Page 2 of 4 12  Town of Weaverville, North Carolina Staff Report: 21 College Cresent Prepared May 2025 Zoning Map Amendment Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan, SB 382 take action until it has received a recommendation regarding the regulation from the planning board. Following its required hearing, the governing board may refer the regulation back to the planning board for any further recommendations that the board may wish to make prior to final action by the governing board in adopting, modifying and adopting, or rejecting the regulation. The governing board is not bound by the recommendations, if any, of the planning board. (b) Development regulation and zoning map amendments. Subsequent to initial adoption of a any development regulation, all proposed amendments to the development regulation or zoning map shall be submitted to the planning board for review and comment. Upon completion, the planning board shall make a written recommendation regarding adoption of the regulation to the governing board. The governing board shall not hold its required hearing or take action until it has received a recommendation regarding the regulation from the planning board. Following its required hearing, the governing board may refer the regulation back to the planning board for any further recommendations that the board may wish to make prior to final action by the governing board in adopting, modifying and adopting, or rejecting the regulation. If no written report is received from the planning board within 90 days of referral of the amendment to the board, the governing board may act on the amendment without the planning board report. The governing board is not bound by the recommendations, if any, of the planning board. (c) Plan consistency. When conducting a review of proposed zoning text or map amendments pursuant to G.S. 160D-604 and this section, the planning board shall advise and comment on whether the proposed action is consistent with any comprehensive plan that has been adopted and any other officially adopted plan that is applicable. The planning board shall provide a written recommendation to the governing board that addresses plan consistency and other matters as deemed appropriate by the planning board, but a comment by the planning board that a proposed amendment is inconsistent with the comprehensive plan shall not preclude consideration or approval of the proposed amendment by the governing board. If a zoning map amendment qualifies as a "large-scale rezoning" under G.S. 160D-602(b), the planning board statement describing plan consistency may address the overall rezoning and describe how the analysis and policies in the relevant adopted plans were considered in the recommendation made. (d) Reasonableness statement for rezonings. When conducting its review of proposed zoning map amendments, the planning board shall, as part of its plan consistency statement or separately, provide a statement analyzing the reasonableness of the proposed rezoning. Such analysis should consider, among other factors: (i) the size, physical conditions, and other attributes of the area proposed to be rezoned; (ii) the benefits and detriments to the landowners, the neighbors, and the surrounding community; (iii) the relationship between the current actual and permissible development on the tract and adjoining areas and the development that would be permissible under the proposed amendment; (iv) why the action taken is in the public interest; and (v) any changed conditions warranting the amendment. If the zoning map amendment qualifies as a large scale rezoning the analysis of reasonableness may address the overall rezoning. (e) Separate board required. Notwithstanding the authority to assign duties of the planning board to the governing board as provided in G.S. Chapter 160D, the review and comment required by this section shall not be assigned to the governing board and must be performed by the planning board. Page 3 of 4 13  Town of Weaverville, North Carolina Staff Report: 21 College Cresent Prepared May 2025 Zoning Map Amendment Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan, SB 382 The following information is presented to aid in the Board’s consideration rather than advocating for or against the proposed zoning map amendment. As it relates to the attributes of the area in the immediate vicinity, a buffer of 500 feet was placed around the subject property which produced 63 parcels zoned both R-1 and R-2. Of these properties zoned R-1, 11 have dimensional nonconformities. Spot Zoning Analysis Through several cases in North Carolina spot zoning has come to be defined as: A zoning ordinance, or amendment, which single out and reclassifies a relatively small tract owned by a single person and surrounded by a much larger area uniformly zoned, so as to impose upon the smaller tract greater restrictions than those imposed upon the larger area, or as to relieve the small tract from restrictions to which the rest of the area is subjected. Given that the property in question, and any resultant lots following the zoning change, are common in size to those in the larger area, the larger area is not uniformly zoned, and properties directly across the street are zoned R-2, it is the position of staff that the rezoning, should it be adopted, would not represent a spot zoning subject to stricter scrutiny. Down-zoning Analysis Courtesy of the recently enacted SB 382, it is the position of staff that the proposed map amendment does not represent a downzoning of a property initiated by the local government thereby requiring consent of the owner(s) affected. The proposed text amendment does not affect an area of land in any of the following ways: (1) by decreasing the development density of the land to be less dense than was allowed under its previous usage; (2) by reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage; (3) by creating any type of nonconformity on land not in a residential zoning district, including a nonconforming use, nonconforming lot, nonconforming structure, nonconforming improvement, or nonconforming site element. Page 4 of 4 14  TOWN OF WEAVERVILLE PLANNING BOARD AGENDA ITEM Date of Meeting: Tuesday, June 3, 2025 Subject: Residential District Signage Presenter: Planning Director Attachments: Staff Report Including Proposed Ordinance Amendment Description: The current goals of the Comprehensive Land Use Plan (CLUP) call for an ongoing review of the zoning regulations and it has been the practice of staff to bring forth proposed text amendments when difficulties are encountered. In short, signage for permitted uses in residential districts is not addressed by the code. Action Requested: An amended ordinance is presented for review and recommendation to Town Council. 15  Town of Weaverville, North Carolina Staff Report: Residential Signage Prepared May 2025 Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan, SB 382 Comprehensive Land Use Plan Stated Goal and Background Information The current goals of the Comprehensive Land Use Plan (CLUP), last updated in January 2025, call for a continuous review of the zoning regulations. This goal was given a number 2 priority and it has been the practice of staff to bring forth text amendments when difficulties are encountered. Existing Conditions Under existing regulations found within Sec. 20-4104. Sign restrictions for R-1, R-2 and R-3 districts, signage is allowed for legally operating nonconforming uses. An example of this would be the two medical offices located at the corner of North Main Street and Williams Street. Both properties had these established uses prior to the town implementing zoning and both properties are now zoned R-1. However, signage for legally operating uses, such as a child care home, home occupations, or a bed and breakfast are not addressed at all. Of these three enumerated uses, child care homes and home occupations are permitted with standards and in these standards for these uses business or product identification signage are not permitted. Leaving us with bed and breakfasts which are permissible by right. The property housing the lone bed and breakfast in town has recently gone up for sale and in conversations related to the property this oversight in the sign regulations has been discovered. In short, uses permitted by right within the R-1, R-2, and R-3 zoning districts are not addressed by the code. Down-zoning Analysis Courtesy of the recently enacted SB 382, it is the position of staff that the proposed text amendment does not represent a downzoning of a property initiated by the local government thereby requiring consent of the owner(s) affected. The proposed text amendment does not affect an area of land in any of the following ways: (1) by decreasing the development density of the land to be less dense than was allowed under its previous usage; (2) by reducing the permitted uses of the land that are specified in a zoning ordinance or land development regulation to fewer uses than were allowed under its previous usage; (3) by creating Page 1 of 2 16  Town of Weaverville, North Carolina Staff Report: Residential Signage Prepared May 2025 Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan, SB 382 any type of nonconformity on land not in a residential zoning district, including a nonconforming use, nonconforming lot, nonconforming structure, nonconforming improvement, or nonconforming site element. Proposed Modification of Existing Sign Restrictions for Residential Districts Sec. 20-4104. Sign restrictions for R-1, R-2, and R-3 districts. (a) Signs displaying commercial messaging for legally operating nonconforming uses, or permitted uses shall be allowed one nameplate sign not to exceed eight square feet per side of sign for a maximum total aggregate sign area of 16 square feet. (b) Each residential development approved under a special use permit or conditional district, or as a major subdivision, or legally operating nonconforming residential uses, shall be allowed one freestanding sign per entrance. Said sign shall be no larger than 50 square feet of surface area per side of sign up to a maximum of 100 square feet of aggregate surface area per sign and shall not exceed six feet in height. (c) Flags: 1. Size: Not to exceed 24 square feet in area. 2. Height: Not to exceed 24 feet in height or no higher than the highest point of the principal building roof, whichever is lower. 3. Number: Up to three flags on one flagpole per lot shall be allowed on the property. 4. Location: Flagpoles shall be placed inside the setbacks of the applicable zoning district. Page 2 of 2 17