Planning Board Meeting

Town of Weaverville Planning Board Regular Monthly Meeting Monday, April 6, 2026, 4:00pm Town Hall Council Chambers Agenda Pg# 1. Call to Order ……………………………………………………………………. Chair Kelley 2. Adoption of Agenda ………………………………………………………... Chair Kelley 3. Approval of Minutes – 3/2/2026 Regular Meeting …………… 2 Chair Kelley 4. Zoning Map Amendment – 5 and Unaddressed Reagan……. 6 Planning Director Eller 5. Adjournment…………………………………………………………………….. Chair Kelley  TOWN OF WEAVERVILLE PLANNING BOARD AGENDA ITEM Date of Meeting: Monday, April 6, 2026 Subject: Minutes Presenter: Board Clerk Attachments: Minutes from the March 2, 2026 Meeting of the Board Description: Attached you will find proposed minutes from the March 2, 2026 meeting of the Board Action Requested: Staff is requesting that the Planning Board adopt the aforementioned minutes as presented or amended by motion of the Board. Planning Board Meeting Minutes March 2, 2026 The Planning Board of the Town of Weaverville met for a regularly scheduled monthly meeting at 4:00 pm on Monday, March 2, 2026, within the Council Chambers at the Weaverville Town Hall, 30 S Main St., Weaverville, NC. 1. Call to Order Chair Kelley called the meeting to order at 4:02 pm and recognized alternate member Fred Borth as a voting member of the Board due to regular member absences. Planning Board members present: Chair Jane Kelley, Vice Chair Michael Sollazzo, Jonathan Brown, Donna Mann Belt, Alternate Fred Borth Planning Board members absent: Tom Flournoy, Alternate Brent Koenig Staff present: Planning Director James Eller, Assistant Town Manager Jennifer Jackson, Planner Graham Crawford 2. Adoption of Agenda Sollazzo moved to adopt the agenda as presented. The motion carried 5-0. 3. Approval of Minutes – 1/5/2026 Regular Meeting Mann Belt moved to approve the minutes with a spelling correction noted for board member Sollazzo’s name. The motion carried 5-0. 4. Zoning Text Amendment – Crypto Mining / Data Center Director Eller presents the board seeking a recommendation to Town Council on a proposed text amendment related to the regulation of crypto mining and/or data centers. Director Eller recommends adding these specific uses to the current code under ‘Noxious Uses’. The specific definition for ‘Noxious Uses ‘ found in Sec. 20-1202 reads as follows. Noxious uses¡ Any use that.could.be.harmful.to.health.or.the.environment.if.not.properly. regulated¡ Noxious uses include?.but.are.not.limited.to?.the.following¿.power.plants?.water.and. sewage.plants?.landfills.or.recycling.facilities?.outdoor.firing.ranges?.junk.yards.or.salvage.yards?. rendering.plants.and.slaughterhouses?.asphalt.or.concrete.plants.or.any.extractive.industry¡. Staff proposes to add crypto mining and data centers to the specific definition as follows. Noxious uses¡ Any use that.could.be.harmful.to.health.or.the.environment.if.not.properly. regulated¡ Noxious uses include?.but.are.not.limited.to?.the.following¿.power.plants?.crypto.mining.or. data.centers?.water.and.sewage.plants?.landfills.or.recycling.facilities?.outdoor.firing.ranges?.junk.  yards.or.salvage.yards?.rendering.plants.and.slaughterhouses?.asphalt.or.concrete.plants.or.any. extractive.industry¡ Currently any application for the development of a ‘Noxious Use’ triggers a requirement for a conditional district, which allows for a more thorough review process to achieve approval. The board agrees with this amendment in order to require a proposed crypto mining or data center application to be scrutinized more stringently rather than be permitted by right in any zoning district. Sollazzo recommends an amendment to the definition as follows. Noxious uses¡ Any use that.could.be.harmful.to.health.or.the.environment.if.not.properly. regulated¡ Noxious uses include?.but.are.not.limited.to?.the.following¿.power.plants?.crypto.mining?. data.centers?.water.and.sewage.plants?.landfills.or.recycling.facilities?.outdoor.firing.ranges?.junk. yards.or.salvage.yards?.rendering.plants.and.slaughterhouses?.asphalt.or.concrete.plants.or.any. extractive.industry¡ Sollazzo motions to approve the text amendment as amended. The motion carried 5-0 5. Comprehensive Land Use Plan Review and Recommendation Director Eller presented the board with the updated comprehensive land use plan seeking the board’s feedback and a recommendation on adoption to town council. Director Eller notes the biggest changes from the previous versions of the CLUP to this current version. Feedback from the board included topics such as: • Future population estimates • Newly adopted residential districts and their reflections in the CLUP • Growth areas and the zoning districts that should be applicable to each. As well as the naming of the growth areas. • MSD infrastructure improvement project • Industrial sites transitioning to multi-tenant occupancy • Town water system • Reems Creek Greenway • Active Weaverville Bicycle and Pedestrian Plan • Ensuring the attachments are dated reflecting last adoption Sollazzo motions to provide a favorable recommendation for adoption of the Comprehensive Land Use Plan to Town Council. The motion carries 5-0. 6. Review of Growth Resolution Director Eller presented the board with the Growth Areas Resolution noting that with the adoption of R-6 and R-10, an update reflecting those zoning districts would be suitable. The board recommends specifically enumerating R-6 to all residential growth areas and providing a general statement on the applicability of R-10 to growth areas. Mann Belt motions to edit the growth areas resolution adding R-6 to all residential growth areas and to add a general statement related to R-10 as to when and where it will be considered. Motion carries 5-0. 7. Discussion Related to Spot Zoning Director Eller explains to the board the legality of spot zoning in North Carolina as recent public conversations related to the newly adopted R-6 and R-10 zoning districts have brought concerns over potential spot zoning occurring. 8. Adjournment Without objection Chair Kelley declared the meeting adjourned at approximately 5:15pm.  TOWN OF WEAVERVILLE PLANNING BOARD AGENDA ITEM Date of Meeting: Monday, April 6, 2026 Subject: Zoning Map Amendment for Reagan Lane Parcels Presenter: Planning Director Attachments: Section 20-1504 and Section 20-1505, Zoning Map Amendment Applications, Staff Report Description: Staff is in possession of a zoning map amendment application for two parcels southwest of the intersection of Weaver Boulevard and North Main Street. Given that the amendment does not involve a conditional district or overlay district, initial review by Town Council is not required and the application may originate at the Planning Board level. Action Requested: The Board asked to review and offer a recommendation to Town Council as per Sections 20-1504 and 20-1505. Sec. 20-1504. Procedure for approval of zoning map amendments. Except for petitions for a conditional zoning which must follow the procedures set out in Code section 20- 3203, proposed zoning map amendments may be initiated by town council, the planning board, the board of adjustment, town staff, any owner of a legal or equitable interest in land located within the town, or any resident of the town. Development regulations shall be adopted, amended, or repealed, in accordance with a comprehensive plan and pursuant to the following procedures: (a) Initial review by town council. All proposed map amendments involving conditional districts or overlay districts shall be presented to town council for initial review. Initial consideration by town council is intended to provide town council with the opportunity to express preliminary thoughts related to the map amendment and any comments made are advisory only and shall not serve as a final determination on the matter. (b) Planning board review and comment. The planning board shall review and comment on all proposed development regulations and amendments thereto as set out in Code section 20-1505. (c) Hearing with mailed and posted notice. Before adopting, amending, or repealing any ordinance or development regulation authorized by G.S. 160D, the governing board shall hold a legislative hearing. Notice of the legislative hearing shall be provided as follows: (1) Mailed notice. The owners of affected parcels of land and the owners of all parcels of land abutting that parcel of land shall be mailed a notice of the hearing on a proposed zoning map amendment by first-class mail at the last addresses listed for such owners on the county tax abstracts. For the purpose of this section, properties are "abutting" even if separated by a street, railroad, or other transportation corridor. This notice must be deposited in the mail at least ten but not more than 25 days prior to the date of the hearing. If a zoning map amendment is being proposed in conjunction with an annexation petition, separate hearings on the zoning map amendment and the annexation must be held. (2) Notice for large-scale zoning map amendments. The first-class mail notice required by subsection (1) above is not required if the zoning map amendment proposes to change the zoning designation of more than 50 properties, owned by at least 50 different property owners, and the town elects to use the expanded published notice provided for in this subsection. In this instance, the town may elect to make the mailed notice provided for subsection (1) or, as an alternative, elect to publish the notice of the hearing as required by G.S. 160D-601, provided that each advertisement shall not be less than one- half of a newspaper page in size. The advertisement is effective only for property owners who reside in the area of general circulation of the newspaper that publishes the notice. Property owners who reside outside of the newspaper circulation area, according to the address listed on the most recent property tax listing for the affected property, shall be notified according to the provisions of subsection (1) above. (3) Posted notice. When a zoning map amendment is proposed, the town shall prominently post a notice of the hearing on the site proposed for the amendment or on an adjacent public street or highway right-of-way. The notice shall be posted within the same time period specified for mailed notices of the hearing. When multiple parcels are included within a proposed zoning map amendment, a posting on each individual parcel is not required but the town shall post sufficient notices to provide reasonable notice to interested persons. (4) Optional communication requirements. When a zoning map amendment is proposed, a zoning regulation may require communication by the person proposing the map amendment to neighboring property owners and residents and may require the person proposing the zoning map amendment to report on any communication with neighboring property owners and residents. Created: 2026-02-13 14:21:33 [EST] (Supp. No. 24, Update 3) Page 1 of 3  (5) Citizen comments. If any resident or property owner in the town submits a written statement regarding a proposed amendment, modification, or repeal to a zoning regulation, including a text or map amendment that has been properly initiated as provided in G.S. 160D-601, to the town clerk at least two business days prior to the proposed vote on such change, the town clerk shall deliver such written statement to the governing board. If the proposed change is the subject of a quasi-judicial proceeding under G.S. 160D-705 or any other statute, the town clerk shall provide only the names and addresses of the individuals providing written comment, and the provision of such names and addresses to all member of the board shall not disqualify any member of the board from voting. (6) Governing board statement and action. Town council shall adopt plan consistency and reasonableness statements as required by G.S. 160D-605 and Code section 20-1506, prior to taking action on proposed zoning map amendments. (7) Ordinance adoption. A development regulation adopted pursuant to G.S. Chapter 160D shall be adopted by ordinance. (Ord. of 5-24-2021(1), § 5) 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 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 Created: 2026-02-13 14:21:33 [EST] (Supp. No. 24, Update 3) Page 2 of 3  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. (Ord. of 5-24-2021(1), § 5) Created: 2026-02-13 14:21:33 [EST] (Supp. No. 24, Update 3) Page 3 of 3  Town of Weaverville, North Carolina Staff Report: Proposed Rezoning Prepared March 2026 Reagan Lane Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan Introduction to the Properties Town Council is set to consider a rezoning of the property commonly known as 5 and Unaddressed Reagan Lane and a rezoning from R-1 to C-2 is desired. These parcels consist of 2.23 acresand may be found immediately southwest of the intersection of Weaver Boulevard and North Main Street. Comprehensive Land Use Plan Compliance When considering compliance with the Town’s Comprehensive Land Use Plan (CLUP), often the analysis begins with a consultation of the future land use map. Here it is found that the unaddressed parcel is shown for “commercial” future uses and the Parcel at 5 Reagan is shown for “downtown” future uses. These future land use map use categories are described as follows: Commercial: This land use classification is intended to identify and reinforce the existing general commercial land use patterns. The Town’s four primary commercial areas are, in addition to the downtown core, North Main Page 1 of 3  Town of Weaverville, North Carolina Staff Report: Proposed Rezoning Prepared March 2026 Reagan Lane Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan Street and Five Points, Northridge Commons, Weaver Boulevard and Sothern Merrimon near the intersection of Merrimon Avenue and Garrison Road. These defined areas serve different roles for the community with Northridge Commons serving a regional retail role with national retail establishments, Weaver Boulevard serving a mix of local and regional retail role and North Main Street and Five Points and Southern Merrimon who have a smaller local retail role. Downtown: This land use classification represents the original core of the town including the central business district and adjacent residential neighborhoods and transitional areas. A variety of businesses and uses exist within this area to serve the needs of the community while simultaneously drawing a larger population including tourists to the area. In the downtown core restaurants, retail establishments, service establishments, specialty stores and galleries, and civic and institutional are woven together within historic buildings with active streets and creating an atmosphere conductive to pedestrian activity. This core commercial area is often referenced for its “small town charm” which is called to be specially protected and preserved within previous iterations of the Town’s comprehensive land use plans. Page 2 of 3  Town of Weaverville, North Carolina Staff Report: Proposed Rezoning Prepared March 2026 Reagan Lane Sources: Town of Weaverville Code of Ordinances; Comprehensive Land Use Plan Zoning Analyst When the Planning Board and Town Council consider a zoning map amendment which proposes a change to a standard zoning district, all uses permitted in the desired standard zoning district should be considered. Given that most of the downtown core is zoned C-1, and C-2 zoning is desired for this map amendment, staff will be prepared to describe uses, such as drive-thru retail or restaurant, that differentiate the zoning districts, and the following is a link to the table of uses for your review. https://library.municode.com/nc/weaverville/codes/code_of_ordinances?nodeId=PTIICOOR_CH20PLDE _PTIIIZORE_ARTIICODIOVDICODITAUSTADIREZOMADIBOMI_S20-3205TAUS Page 3 of 3 Sec. 20-3205. Table of uses. The following notes shall be applicable to the Table of Uses established herein. (1) Additional standards for those uses identified on the Table of Uses as "permitted with standards" are found in article III of part III of this chapter. (2) If a proposed use can't be found on the table of uses herein established or is not specifically defined herein, then the zoning administrator shall make a determination on which use most closely resembles the proposed use and shall apply those regulations and restrictions. Such determination may be made as a formal interpretation, or as part of an issuance or denial of a zoning permit or a notice of violation. The zoning administrator's determination is subject to an appeal of an interpretation which shall be heard by the board of adjustment. (3) The abbreviations and symbols shown in the Table of Uses have the following meanings: "C" = Conditional District required "P" = Permitted "PS" = Permitted with Standards "-" = Not Permitted USES R- R- R- R- C- C- I- MHO 1 2 3 12 1 2 1 RESIDENTIAL Dwelling - Single Family P P P - - - - - Dwelling - Duplex - P P P - - - - Dwelling - Multifamily (4 or fewer units/building) - P P P - - - - Dwelling - Multifamily (more than 4 units/building) - - PS PS - - - - Dwelling - Secondary PS PS PS - - - - - Family Care Home (6 or fewer residents) PS PS PS - - - - - Child Care Home (6 or fewer children) PS PS PS - - - - - Home Occupation PS PS PS PS PS PS PS - Manufactured Home - - - - - - - PS Manufactured Home Park - - - - - - - - Recreational Vehicle - - - - - - - - Recreational Vehicle Park, Campground - - - - - C C - Bed & Breakfast P P P - - - - - Hotel, Motel, Inn - - - - C C C - OFFICE / SERVICE Animal Services, Veterinary Clinic - - - - P P P - Automated Teller Machines - - - P P P P - Automobile Services, Gas Station - - - - P P P - Automobile Services, Repair - - - - PS PS PS - Banks, Credit Unions, Financial Services - - - - PS P P - Child Care Center (more than 6) - - - - C PS PS - Community Service Organization - - - - - P P - Created: 2026-02-13 14:21:35 [EST] (Supp. No. 24, Update 3) Page 1 of 3  Equipment Rental (Exterior Storage) - - - - - - P - Equipment Rental (Interior Storage) - - - - - P P - Funeral Home - - - - P P P - Group Care Facility (more than 6 residents) - - - - C P P - Government Services C C C C C P P - Kennels - - - - - PS PS - Medical Services - Clinic, Urgent Care Center, Hospital - - - - - P P - Medical Services - Doctor Office - - - - P P P - Personal Services - - - - P P P - Post Office - - - - - P P - Professional Services - - - - P P P - Studio - Art, Dance Martial Arts, Music - - - - P P P - RETAIL / RESTAURANTS Accessory Retail - - - - P P P - Alcoholic Beverage Sales Store - - - - P P P - Auto / Mechanical Parts Store - - - - P P P - Bar / Tavern / Night Club - - - - P P P - Drive-Thru Retail / Restaurant - - - - - P P - General Retail (Under 5,000 sq. ft.) - - - - P P P - General Retail (5,000 - 9,999 sq. ft.) - - - - C P P - General Retail (10,000 - 24,999 sq. ft.) - - - - C PS PS - General Retail (25,000 sq. ft. or more) - - - - C C C - Multi-tenant Development (Under 25,000 sq. ft.) - - - - C PS PS - Multi-tenant Development (25,000 sq. ft. or more) - - - - C C C - Pawn Shop - - - - - P P - Restaurant - - - - P P P - Vehicle / Heavy Equipment Sales - Indoor - - - - P P P - Vehicle / Heavy Equipment Sales - Outdoor - - - - - P P - ENTERTAINMENT / RECREATION Amusements - Indoor - - - - P P P - Amusements - Outdoor - - - - - P P - Cultural or Community Facility C C C C C C C - Recreation Facilities - Indoor PS PS PS PS P P P - Recreation Facilities - Outdoor PS PS PS PS PS PS PS - Theater - Motion Picture - - - - - P P - MANUFACTURING / WHOLESALE / STORAGE Manufacturing, Heavy - - - - - - C - Manufacturing, Light - - - - - P P - Manufacturing, Neighborhood - - - - P P P - Metal Product Fabrication, Machine or Welding Shop, Auto - - - - - - P - Body Shop Mini-Warehouses - - - - - - P - Outdoor Storage Yard - - - - - - C - Created: 2026-02-13 14:21:35 [EST] (Supp. No. 24, Update 3) Page 2 of 3  Warehousing and Distribution - Exterior Storage - - - - - - P - Warehousing and Distribution - Interior Storage - - - - - P P - CIVIC / INSTITUTIONAL Cemeteries - - - - - - C - Public Safety Facilities C C C C C P P - Religious Institutions C C C C C C C - Schools C C C C C C C - UTILITIES Solar Collector System - Primary Use - - - - - - PS - Wireless Telecommunication Facility - Stealth PS PS PS PS PS PS PS - Wireless Telecommunication Facility - Tower - - - - - PS PS - MISCELLANEOUS USES Accessory Structures PS PS PS PS P P P - Adult Establishment - - - - - C C - Agriculture - Commercial - - - - PS PS PS - Agriculture - Neighborhood PS PS PS PS PS PS PS - Crematories - - - - - - C - Event Center - - - - C C C - Gaming Terminals - - - - - PS PS - Mixed-Use Building or Structure - - - PS PS PS - - Noxious Uses - - - - - - C - Solar Collector System - Roof Mounted - Accessory Use P P P P P P P P Solar Collector System - Ground Mounted - Accessory Use PS PS PS PS PS PS PS PS Tattoo Parlors - - - - - P P - TEMPORARY USES Farmers Market PS PS PS PS PS PS PS - Mobile Food Vendor - - - - PS PS PS - Temporary Use PS PS PS PS PS PS PS - (Ord. of 5-24-2021(1), § 5; Ord. of 10-24-2022(2), § 2; Ord. of 5-23-2022(2), § 3; Ord. of 1-22-2024(1), § 2) Created: 2026-02-13 14:21:35 [EST] (Supp. No. 24, Update 3) Page 3 of 3