the town of erwin planning and zoning board and … · ms. blake began with a brief overview of the...

THE TOWN OF ERWIN

PLANNING AND ZONING BOARD AND

THE BOARD OF COMMISSIONERS WILL HAVE A JOINT WORKSHOP ON

MONDAY, NOVEMBER 16, 2015 @ 7:00 P.M.

IN THE ERWIN COMMUNITY CENTER AT 110 WEST F ST.

AGENDA

1) WORKSHOP CALLED TO ORDER

a) Invocation

b) Pledge of Allegiance

2) CONSENT ITEMS

a) Approval of Planning Board Minutes by Planning Board: September 21,

2015 (pg. 2)

3) NEW BUSINESS

a) Discussion of existing R-10 zoning impacts on the downtown residential

mill village area (approximately 33 blocks and portions of 16 other blocks)

and possible text and map amendments to create a new zoning

classification and district for the residential mill village district (RMV)

and define an area(s) on the zoning map. (pg. 8)

b) Discussion of existing CB zoning impacts on the residential lots

(approximately 8 blocks) in the district and possible zoning text and map

amendments to create a new zoning classification and district for a

transitional mixed uses district (DMV) and define an area(s) on the zoning

map. (pg. 12)

4) ADJOURNMENT

1

DRAFT PLANNING BOARD

MEETING MINUTES

MONDAY, SEPTEMBER 21, 2015

ERWIN, NORTH CAROLINA

The Town of Erwin Planning Board, with Chairperson Bill Corbett presiding, held its

regular meeting in the Town Hall at 100 West F St. on Monday, September 21, 2015, at

7:00 PM.

Board members present were: Chairperson Bill Corbett, Rick West, Terry Wicker,

Melinda Alvarado, Roger Chavis and Nancy Jackson, In Town Alternate Elizabeth Pate

and Out of Town Member Ray Rogers.

Board members absent were: In Town Alternate Ricky Symmonds, Out of Town

Member Gary Blackmon, Out-of-Town-Alternate Larry Daughtry and James Godwin.

Town Planner Kathy Blake and Town Clerk Cynthia Patterson were present.

Board Member Ray Rogers gave the invocation.

Those present recited the Pledge of Allegiance.

CONSENT ITEMS

Board Member Nancy Jackson made a motion to approve the minutes of July 20, 2015 as

submitted and was seconded by Board Member Rick West. Motion Unanimously

Approved.

NEW BUSINESS:

CONSIDERATION OF ZONING TEXT ZT-2015-007 TO REDUCE THE R-10

MINIMUM LOT WIDTH FROM 75 FEET TO 66 FEET

Planner Kathy Blake advised that she had prepared a considerable amount of information

in hopes of encouraging discussion. Any suggestions given tonight can be revised and

brought back as a more finished product for the October meeting.

Ms. Blake began with a brief overview of the zoning map of Erwin. She was directed by

this Board to look at a reduction of the minimum lot width from 75’ to 66’ in R-10. In

doing that, Ms. Blake realized that R-10 encompasses a very broad area of the Town of

Erwin. The exterior R-10 lots are usually bigger lots than those located closer to the mill

area. In the perimeter R-10 areas, there are several subdivisions that were created after

zoning and do comply with existing R-10 regulations as follows:

• Minimum lot size = 10,000 sf

• Minimum setbacks

o Front = 35’

o Rear = 35’

o Side = 10’

• Minimum lot width = 75’

2

MINUTES CONTINUED FROM SEPTEMBER 21, 2015

Most of the lots created around the mill were done in the early 1950’s before there was

zoning in Erwin.

For demonstration purposes, staff selected the block defined by North 13th

, East J, and

East I Streets to compare how close existing lots and houses are to the R-10 dimensional

requirements.

• All 20 of the lots/houses are nonconforming due to noncompliance with the

minimum R-10 setbacks.

• It appears 7 lots are also nonconforming due to the noncompliance with the

minimum R-10 lot size.

• There are 17 lots that are also nonconforming due to noncompliance with the

minimum R-10 lot width.

Ms. Blake stated that just addressing the minimum lot width in R-10 does not accomplish

reducing the number of nonconforming lots. Staff recommends that the Board take no

action on changing just the minimum lot width.

CONSIDERATION OF ZONING TEXT AND MAP AMENDMENTS TO

CREATE A NEW ZONING CLASSIFICATION AND DISTRICT FOR THE

RESIDENTIAL MILL VILLAGE AND DEFINE AN AREA(S) ON THE ZONING

MAP

Ms. Blake continued to the next agenda item which a text amendment was proposed for a

new residential district classification referred to as residential mill village (RMV). Ms.

Blake stated that to-date she is not aware of any particular issues with the existing

nonconforming lots that are zoned R-10. Nonconforming houses can be rebuilt in any

district if they are owner occupied and start rebuilding within 6 months. Current setbacks

would have to be used.

There was considerable discussion by Planning Board members about possible pros and

cons of this proposal.

Board Member Nancy Jackson expressed concerns about moving forward with this. She

did not feel like there is a need for this at this particular time. Board Members Rick West

and Mindy Alvarado agreed.

The proposal is to create a new residential district, Residential Mill Village (RMV) that

more closely approximates the majority of the lots with their dwellings as designated in

the area defined on the map provided.

• Minimum lot size = 7,000sf

• Minimum setbacks

o Front = 15’

o Rear = 15’

o Side Yard = 8’

• Minimum lot width = 65’

• Same permitted and conditional uses as R-10

3


Mr. Wicker expressed a desire to make fewer of the R-10 lots non-conforming in an

effort to allow dwellings to be rebuilt in their current location.

Ms. Blake read the zoning ordinance section concerning nonconforming and building

destruction.

Board Member Terry Wicker made a motion to establish a Residential Mill Village

District and was seconded by Board Member Roger Chavis. The Board voted 3 for

(Wicker, Rogers and Chavis) and 3 against (Jackson, West and Alvarado). Due to tie

Chairperson William Corbett voted for establishing a Residential Mill Village zoning

classification. Motion passed.

Board Member Terry Wicker also informed the board that he would like to make a

change under staff’s recommendations for minimum setbacks for “front” from 15’ to 20’

would be acceptable. The general consensus was to leave the proposed front yard

setback at 15’.

CONSIDERATION OF ZONING TEXT AND MAP AMENDMENTS TO

CREATE A NEW ZONING CLASSIFICATION AND DISTRICT FOR THE

DOWNTOWN MILL VILLAGE AND

DEFINE AN AREA(S) ON THE ZONING MAP

Ms. Blake informed the Board that the town’s zoning map depicts the Central Business

(CB) district extending from 13th

Street along H Street and Denim Drive to include the

Erwin Methodist Church, both sides of H Street and mainly along the northern side of

Denim Drive. The block where town hall, the library, and the fire department are located

is also zoned CB. In the designated CB district, the majority of the parcels from 12th

St.

to 8th

St. are used for single-family dwellings. Single-family dwellings are not a permitted

or a conditional use in the CB district. All the dwellings are nonconforming uses.

Following are the dimensional requirements for CB:

(1) Minimum lot area: There shall be no minimum area requirement for lots in this

district.

(2) Minimum lot width: There shall be no minimum width requirement for lots in

this district.

(3) Minimum required front yard: The minimum front yard depth shall be the

average of the front yard depths which have been established by buildings in one

or both adjoining side lots; in all cases, there shall be sufficient setback from the

street curb line to provide space for a minimum 12-foot sidewalk.

(4) Minimum required rear yard: Ten feet. No rear yard is required where a public

alley abuts the rear property line.

(5) Minimum required side yard: There shall be no minimum side yard required.

4


Staff proposed the following as a potential new transitional uses district:

Chapter 36 Zoning, Article VII-a DOWNTOWN MILL VILLAGE (DMV) (a

new mixed uses district)

Sec. 36-181 Intent.

The purpose of this district is to serve as a transition between residential and

more intensive nonresidential districts as well as to encourage the redevelopment

of existing or older neighborhoods characterized by single-family residences on

relatively smaller lots and provide reduced setback requirements and a defined

street orientation. This includes residential and commercial uses with a low noise

and traffic impact which would generally be considered compatible with a

residential area which may or may not have buffering requirements as

documented in Section 00 of this Ordinance. To this intent, see Section 36-000

for architectural standards for all buildings used for a commercial use, to include

building modifications and new construction.

Sec. 36-182 Permitted principal uses and structures.

The following are permitted uses and structures:

(1) Single-family dwelling units.

(2) Religious uses, including churches and other places of worship, religious

education buildings, and parish houses.

(3) Family care home.

(4) Municipal facilities.

(5) Offices for business and professional uses.

(6) Park, public.

(7) Restaurant whose operation is conducted entirely within an enclosed

building, no drive-up window or service.

(8) Entertainment facilities whose operation is conducted entirely within

an enclosed building.

(9) Athletic and exercise facilities whose operation is conducted entirely

within an enclosed building.

(10) Personal Service Establishments whose operation is conducted

entirely within an enclosed building.

Sec. 36-183 Permitted accessory uses and structures.

Permitted accessory uses and structures include any use or structure

customarily incidental to a principal use or structure or to a conditional use for

which, a permit has been issued. (See article XV of this chapter.)

5


Sec. 36-184 Conditional uses.

The following are conditional uses:

(1) 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.

(2) Bed & Breakfast.

(3) Customary home occupations.

(4) Public facilities.

(5) Tavern/Bar/Pub whose operation is conducted entirely within an

enclosed building.

(6) Mixed uses whose operation is conducted entirely within an enclosed

building.

(7) Two-family dwelling.

(8) Multifamily dwelling, apartments or condominiums.

(9) Mixed uses in a single structure, minimum 1st floor 50% retail or

offices for business or professional uses, whose operation is conducted

entirely within an enclosed building.

(10) Townhouses

(11) Multifamily dwellings, upper floors of commercial buildings – mixed

uses

(12) Mixed uses commercial and/or office building.

Sec. 36-185 Dimensional requirements.

(a) The following regulations shall govern all permitted and conditional uses in

this district:

(1) Minimum lot area: 7,000 square feet.

(b)Two-family: 9,000 square feet per development and an additional 2,000

square feet per unit.

(2) Minimum lot width: 65 feet.

(b)Two-family dwelling: 75 feet.

(3) The administrative official shall determine frontage for irregularly shaped

lots.

(b) The following are the minimum setbacks or building envelopes for properties

located within the DMV district:

(1) Minimum required front yard: 18 feet (excluding steps).

(2) Minimum required rear yard: 15 feet (excluding steps).

(3) Minimum required side yard: 8 feet.

(4) Maximum building height: 35 feet.

6


After some discussion, Board Member Terry Wicker made a motion to continue to study

the proposal for modifications to Central Business District and was seconded by Board

Member Ray Rogers. The Board voted 4 for and 2 against (Jackson and Alvarado).

ADJORNMENT

Board Member Ray Rogers made a motion to adjourn the meeting at 7:57 pm and was

seconded by Board Member Terry Wicker. Motion Unanimously Approved.

MINUTES RECORDED AND TYPED BY

CYNTHIA B. PATTERSON TOWN CLERK

____________________________ ________________________

William Corbett Cynthia B. Patterson, CMC

Chairperson Town Clerk

7

AGENDA ITEM NUMBER 3A

NEW BUSINESS

JOINT WORKSHOP OF

PLANNING BOARD & BOARD OF COMMISSIONERS

To: The Honorable Mayor and Board of Commissioners and Planning Board

Members

From: Kathy K. Blake, Town Planner

Date: November 16, 2015

Subject: Discussion of zoning text and map amendments related to existing R-10

classification and the possible creation of a new zoning classification for a

Residential Mill Village (RMV) district and defining a new district on the zoning

map

In the Zoning ordinance, Article VI, Section 36-147, R-10 dimensional requirements are:

o Minimum lot size = 10,000 sf

o Minimum setbacks

� Front = 35’

� rear = 35’

� side = 10’

o Minimum lot width = 75’

In the downtown mill area, there are 33 blocks and portions of 16 other blocks where the

majority of the lots are nonconforming to R-10 dimensional requirements. This area can be

clearly defined on a map (see attached).

R-10 zoning encompasses a broad area of the Town of Erwin and some portions of its ETJ

(extraterritorial jurisdiction). Beyond the original “mill village homes/lots” area there are large

areas of R-10 zoned parcels that appear to be generally in conformance with the existing R-10

zoning requirements. These perimeter R-10 areas have several existing subdivisions designed per

the R-10 requirements, unlike the residential mill lots which were laid out in the early 1950’s

prior to the adoption of zoning.

In the Zoning ordinance, Article XVI Nonconforming Uses, Section 36-460 Destruction of

nonconforming uses:

If a nonconforming structure or a structure occupied by a nonconforming use is

destroyed by any means to an extent of more than 60 percent of its assessed valuation at

the time of destruction, such structure may not be restored as a nonconforming structure

or for a nonconforming use. If destroyed by less than 60 percent but not restored within

12 months of the time such damage occurred, it may not be restored as a nonconforming

structure or for a nonconforming use. Owner-occupied residences, which are

8

nonconforming uses may be rebuilt regardless of the extent of the destruction.

However, existing setbacks shall be enforced.

The future effect of leaving R-10 dimensional requirements on the residential mill village lots is

that, as houses are destroyed and/or removed, new/replacement dwellings will have to use the

existing R-10 zoning dimension requirements thus creating greater distance between houses.

This area will develop a more suburban look than a mill village look. Is the “look” important to

the citizens of Erwin? If not, then staff recommends no changes to the R10 text or district.

Staff recommendation:

Staff suggests that such that the residents of Erwin would be best served by making this large

area of nonconforming lots conforming in a newly created zoning district with appropriate

dimensional requirements.

• Create a Residential Mill Village (RMV) district (would require a text amendment) that

more closely approximates the majority of the lots with their dwellings in the area

defined.

o Minimum lot size = 7,000 sf

o Setbacks

� Minimum Front = 15’ and Maximum Front = 25’

� Rear = 25’

� side yard = 8’

o Minimum lot width = 65’

o Same permitted and conditional uses as R-10 could be used a proposed RMV

district.

� Consideration of new uses or fewer uses could also be discussed.

o See map of the proposed RMV district (would require a zoning map amendment)

� All property owners within the proposed district and within 100’ of the

proposed district will have to be notified by first class mail of a rezoning

public hearing.

Staff seeks feedback, recommendations, and direction.

Attachment:

1. Zoning Map showing all areas zoned R10

2. Map of proposed RMV district

9

Dunn-Erwin Rail Tra

il

NC 82

NC 55

EUS 421 S

W J ST

DENIM DR

S 13TH ST

E H ST

W E ST

E I ST

NC 21

7

E JACKSON BLVDWA

RREN

RD

CHICORA RD

E D ST

ASHE AVE

BEAVER DAM RD

W F ST

W C STW D ST

W B ST S 12T

H ST

MONR

OE LN

ANTIOCH CHURCH RD

N 13

TH ST E K ST

OLD POST RD

MAYNARD LAKE RD

W K ST

OLD HAMILTON RD

W A ST

LUCAS RD

HOG

HEAV

EN LN

S 18T

H ST

RAIFORD RDS 1

7TH

ST

N 14

TH ST

IRIS BRYANT RD

HOMERS LN

E F STE E ST

BRYANT RD

E J ST

RED HILL CHURCH RD

AVERY RD

ERWIN ACCESS RD

COUNTRY SPRING LN

S 8TH

ST

N 12

TH ST

BUTC

H ST

NORRIS RD

PORTER DR

OLD

FARM

RD

OLD STAGE RD S

GAR

LN

LUCAS ST

SUGGS RD

CRAB APPLE LN

DON RON RD

S 20TH ST

N 16

TH ST

PARK DR

ST M

ATTH

EWS R

D

3RD S

T

BUTLER DR

N 17

TH ST

MCINTYRE LN

KITTYS LN

2ND S

T

WALNUT DR

SALT MARKET ST

N 15

TH ST

1ST S

T

HOPE LN

DUKE ST

VERNELL RD

MCKAY ST

MOORE ST

MASO

N DR

J R WILSON LN

BARNES DR

IVOR LN

ARMSTRONG ST

E B ST

DELANEY C

T

WALTER DR

ANNIE

LOUIS

E LN

WOODALL DR

E L ST

GREEN FOREST CIR

E E ST

US 421 S

E JACKSON BLVD

³

LegendCurrentZoningZONING

<Null>B1B2CBCVM1R10R15R6RDRD-CDz

Portion of Town of Erwin Zoning Map 0 0.55 1.10.275 Miles

10

M-1 Church

Church

E H ST

E I ST

E D ST

W J ST

W E ST

E J ST

DENIM DR

W F ST

W C ST

W K ST

E F ST

E E ST

S 8TH

ST

S 10T

H ST

S 17T

H ST

S 11T

H ST

S 12T

H ST

S 13T

H ST

N 13

TH ST

N 12

TH ST

N 9T

H ST

S 14T

H ST

E C ST

S 18T

H ST

OLD POST RD

S 7TH

ST

E JACKSON BLVD

N 8T

H ST

S 6TH ST

MCKAY ST

N 6TH

ST

E H ST

E JACKSON BLVD


B1B2CBCVM1R10R15R6RDRD-CD

Ü a portion of Existing R-10

New RMV (Residential Mill Village)

Existing R-10, may consider a version of CB11

AGENDA ITEM NUMBER 3B

NEW BUSINESS

JOINT WORKSHOP OF

PLANNING BOARD & BOARD OF COMMISSIONERS

To: The Honorable Mayor and Board of Commissioners and Planning Board

Members

From: Kathy K. Blake, Town Planner

Date: November 16, 2015

Subject: Discussion of zoning text and map amendments related to existing CB

classification and the possible creation of a new zoning classification for a

transitional mixed uses district and defining a new district on the zoning map

Central Business (CB) Uses:

CB requirements are in Article VIII of the Zoning ordinance. Single-family dwelling is not

permissible or conditional use in this district.

Below are the principal and conditional uses in the Zoning ordinance for CB:

The following are permitted principal 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, headquarters of fraternal

organizations, clubs, and similar activities.

(4) Trades and similar enterprises catering to households and business

establishments, provided that all materials are stored and operations take place

within an enclosed building.

(5) Motels, hotels, bed and breakfast, 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.

The following are conditional uses:

(1) Vehicular services.

(2) Convenience store.

(3) Multifamily dwellings (on upper floors of commercial buildings).

(4) Public facilities.

(5) Vehicular sales and rentals:

a. Minimum lot size shall be 0.5 acre.

12

b. Outdoor loudspeakers or audio system shall not be utilized. (Does not

include special events.)

c. Balloons, signs, or other items shall not be attached to vehicles and

prohibited from being displayed outside the building.

d. Portable signs shall be prohibited.

e. Signs. See article XIX of this chapter.

There are approximately 8 blocks (12th

St. to 8th

St. and from West F St. to East H St.) of the area

zoned CB that have existing single-family mill village dwellings located on many of the lots.

This area can be clearly defined on a map (see attached).

CB Dimensions:

Following are the dimensional requirements:

(1) Minimum lot area: There shall be no minimum area requirement for lots in this district.

(2) Minimum lot width: There shall be no minimum width requirement for lots in this

district.

(3) Minimum required front yard: The minimum front yard depth shall be the average of

the front yard depths which have been established by buildings in one or both adjoining

side lots; in all cases, there shall be sufficient setback from the street curb line to

provide space for a minimum 12-foot sidewalk.

(4) Minimum required rear yard: Ten feet. No rear yard is required where a public alley

abuts the rear property line.

(5) Minimum required side yard: There shall be no minimum side yard required.

Nonconforming:

In the Zoning ordinance, Article XVI Nonconforming Uses, Section 36-460 Destruction of

nonconforming uses:

If a nonconforming structure or a structure occupied by a nonconforming use is

destroyed by any means to an extent of more than 60 percent of its assessed valuation at

the time of destruction, such structure may not be restored as a nonconforming structure

or for a nonconforming use. If destroyed by less than 60 percent but not restored within

12 months of the time such damage occurred, it may not be restored as a nonconforming

structure or for a nonconforming use. Owner-occupied residences, which are

nonconforming uses may be rebuilt regardless of the extent of the destruction.

However, existing setbacks shall be enforced.

In the future as there are requests to replace the dwellings in this 8 block CB area, per the CB

dimension requirements, housing could be placed on side yard lines, no setbacks.

13

Staff questions and suggestion:

Does the town desire to:

• Phase out single-family dwellings in this 8 block area?

• Have replacement dwellings located in their previous location?

• Have more opportunities for multifamily dwellings?

• Have more commercial opportunities listed and defined?

Staff suggests the creation of a new transitional mixed uses zoning classification, DMV

(Downtown Mill Village district), that makes single-family dwellings a permissible use and the

dimensional requirements match the majority of the existing dwelling locations.

Staff seeks feedback, recommendations and direction.

Attachment:

1. Zoning map showing CB.

2. Map of proposed DMV district

14

M-1

E I ST

E H ST

E D ST

DENIM DR

E K ST

E F ST

W J ST

W F ST

E E STW E ST

E J ST

W D ST

W K ST

S 8TH

ST

N 13

TH ST

N 12

TH ST

N 10

TH ST

S 10T

H STS 1

1TH

ST

S 12T

H ST

S 13T

H ST

N 9T

H ST

E C ST

S 14T

H ST

N 16

TH ST

S 7TH

ST

S 15T

H ST

E JACKSON BLVD

N 8T

H ST

N 14

TH ST

N 11

TH ST

OLD POST RDS 16T

H ST

W L ST

E L ST

N 15

TH ST

CHIEF JOSEPH LN

E JACKSON BLVD

E E ST

E J ST

E H ST

N 11

TH ST ³


<Null>B1B2CBCVM1R10R15R6RDRD-CDz

0 780 1,560390 Feet15

CB existingkeep

M-1Church

Church

LibraryTown Hall

FireDept.

E I ST

E H ST

E E ST

W F ST

S 8TH

ST

S 13T

H ST

N 13

TH ST

N 8T

H ST

S 7TH

ST

CHIEF JOSEPH LN

E H ST


B1B2CBCVM1R10R15R6RDRD-CD

Ü Existing CB - proposed to remain CBNew DMV (Downtown Mill Village District)Existing CB - remain CB or change to M-1?New RMV (Residential Mill Village)

1 inch = 418 feet

16

the town of erwin planning and zoning board and … · ms. blake began with a brief overview of the...

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