THE: ERWIN BOARD OF COMMISSIONERS MARCH 2024 REGULAR: MEETING THURSDAY, MARCH 7,2 2024 @ 7:001 P.M. ERWIN MUNICIPALI BUILDING BOARDROOM  AGENDA  1.  MEETING CALLED TO ORDER A. Invocation B. Pledge ofAllegiance  2. 3.  AGENDAADJUSTMENTS /APPROVAL OFAGENDA  CONSENT  AIl items on Consent Agendas are considered. routine, to be enacted on one motion without discussion. Ifa Board member or citizen requests discussion of an item, the item will be  removed, from the Consent Agenda and considered under New. Business. A. Minutes Regular Workshop on January 22, 2024 (Page 3) B. Minutes Regular Meeting on February 1,2024 (Page 10) C.M Multimodal Transportation Grant (Page 18) D. Al Woodall Park State Grant (Page 19) E. Police Body Cameras Grant (Page 20)  F. Updated Job Classification and Grade Schedule (Page 21) G. In Town Planning Board Member. Application for Grace Watts (Page 23) PRESENTATION OF MARCH CITIZEN OFTHE MONTH OATH OFOFFICE: FOR DEPUTYTOWN CLERK (Page 24)  4. 5. 6.  RECESS FOR REFRESHMENTS 7. PUBLIC: HEARING A. ZT-2024-001 (Page 25)  B. GolfCourse R-15 Permitted Use Text Amendment (Page 52) C. R.O.W. Maintenance Text Amendment (Page 55) D. Close Bayles Street Extension (Page 58) NEW: BUSINESS A. Schedule Budget Workshop (Page 65) PUBLIC COMMENT  8. 9.  Each. speaker is asked tol limit comments to. 3 minutes, and the requested. total comment period will be 15 minutes or less. Citizens should. sign up prior to the start of the meeting. Please provide the clerk with copies ofany handouts you have for the Board. Although the Board is interested in hearing. your concerns, speakers should not expect Board action or deliberation on the subject matter brought up during the Public Comment segment. Thank you, for your  consideration ofthe Town Board, staff and other speakers. $160A-81.1  10. MANAGERSREPORT    11. ATTORNEYSREPOKT 12. GOVERNING BODY COMMENTS  13. ADJOURNMENT  INACCORDANCE WITHADA. REGULATIONS, PLEASE. NOTE THATANYONE WHONEEDS ANACCOMMODATIONIO, PARTICIPATE. IN THE MEETING: SHOULD. NOTIFYTHE1 TOWN CLEKATONRA-AATIEST 481 HOURSPRIOR: TOTHE MEETING.**    8930  ERWIN BOARD OF COMMISSIONERS  REGULAR MINUTES MARCH7,2024 ERWIN, NORTH CAROLINA  The Board ofCommissioners for the Town of Erwin with Mayor Baker presiding held its Regular Meeting in the Erwin Municipal Building Board Room on Thursday, March 7,2024, at 7:00 P.M. in Board Members present were. Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Town Manager Snow Bowden, Town Clerk Lauren Evans, Town. Attorney Tim Morris, Finance Officer Katelan Blount, Town Planner Dylan Eure, Code Enforcement Officer Chris Jones, and Police Chief  Erwin, North Carolina.  Timothy Marbell, Charles Byrd, David Nelson, Billy" Turnage, and Alvester McKoy.  Jonathan Johnson were present.  Mayor Baker called the meeting to order at' 7:001 PM. Commissioner McKoy gave thei invocation. Attorney Vernon Stewart led the Pledge of Allegiance. AGENDA ADISTMENTATIROVALOE AGENDA Commissioner Turnage. The Board voted unanimously.  Commissioner Byrd made ai motion to approve the agenda as presented and was seconded by  CONSENT  Commissioner Blackmon made ai motion to approve (ITEM A) Minutes of] Regular Workshop on January 22, 2024 (ITEM B) Minutes ofl Regular Meeting on February 1, 2024 (ITEM C) Multimodal Transportation Grant (ITEM D) Al Woodall Park State Grant (ITEM E) Policel Bodycams Grant (ITEM F) Updated Job Classification and Grade Schedule (ITEM G) In' Town Planning Board Member Application for Grace Watts and was seconded by Commissioner Byrd. Thel Board voted unanimously.  PRESENTATION: OFJ JANUARY CITIZEN OF THE MONTH Month. Mayor Baker presented him with al Proclamation Plaque. The Proclamation is part ofthese minutes as an attachment.  Vernon Kirkland Stewart of906 Walnut Drive was recognized as the March 2024 Citizen oft the    TOWN OF ERWIN P.O. Box 459. Erwin, NC28339 Ph: 910-897-5140-Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Prol Tem Ricky' W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell David L. Nelson William R. Turnage  RESOLUTION ENDORSING THE TOWN OF ERWIN'S APPLICATION FOR' THE NCDOT  MULTIMODAL PLANNING TRANSPORTATION Charles L. Byrd  GRANT 2023-2024-003  WHEREAS, thel North Carolina Department of Transportation (NCDOT) has established al Multimodal Transportation Planning Grant which provides funding toj projects that will result in comprehensive local bicycle and pedestrian plans while taking consideration for thel Harnett Areal Rural Transit System; and WHEREAS, the Town of] Erwin has expressed a desire to apply for funding through the NCDOT WHEREAS, in order to be selected the Town of] Erwin must agree to take place in NCDOT's Multimodal Implementation Program requiring Erwin toj provide updates on the implementation oft the WHEREAS, the Erwin Board ofCommissioners believes that iti is in thel best interest of thei residents within the Town of] Erwin to apply tol be considered as a possible receipt oft thel Multimodal THEREFORE, BEI IT RESOLVED that the Board of Commissioners from the Town of] Erwin endorses the application tol be at recipient of the NCDOT Multimodal Transportation Planning Grant.  Multimodal Transportation Planning Grant Initiative; and  plan; and  Transportation Planning Grant Initiative;  ADOPTED, this the 7th day of March, 2024.  ASE  Randy Baker Mayor  ATTEST:  Caun Be Lauren Evans, NCCMC Town Clerk    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March 7,2024 Subject: Al Woodall Park State Grant  The Town of Erwin is receiving a $50,000 grant from the State ofNorth Carolina, thanks to our Senator Jim Burgin. Just like the grant last year, the funds are being funneled through Harnett County, and they must serve a public purpose. One of the goals in our 2023 Land Use Plan ist to continue to maintain and improve our existing parks. One request that I hear all the time is that we need pickleball courts at Al Woodall Park. Wel have two tennis courts at Al Woodall Park that are in serious need of repair. We would like to resurface both oft these courts and turn one of the tennis courts into two separate pickleball courts. Town Staff believes that this is one oft the best and quickest projects we can get going with these funds (similar to the parking lot Ifyou are: not familiar with pickleball, it is the fastest-growing sport in America at the moment. I feel pretty confident in saying that these courts would be used ifv we move forward with this project. We would like to keep one of1 the tennis courts because people still use them.  improvements last year).  Town Staffbelieves that we could do this project for $65-70K.    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March 7,2024 Subject: Police Bodycams  ChiefJ Johnson has submitted ai request for funds toj purchase new body cams for our officers in the Erwin Police Department in the upcoming Fiscal Year. Both Chief. Johnson and I believe itis very important for our officers to have body cams. ChiefJohnson has found a grant that is available for rural law enforcement agencies that the Town of] Erwin qualified for. It does require an' "in-kind" match. The maximum amount that we can apply fori is $28,000. The Town would like to apply for funds of $28,000: for this grant program. We can use town personnel administrative hours (ie. reviewing body cam footage by supervisors) towards meeting our "in-  kind" match SO it should not be an issue meeting this requirement.    Town of Erwin  Job Classification and Grade 2023-2024 AMENDED 3/7/2024  Departments Administration Town Manager Finance Director  Number of Positions  Grade  1 1 1 1 1 1 1  31 21 18 15  Town Clerk/Human Resources Director Finance Officer/Deputy Clerk Part-Time Payroll Administrator  Planning Town Planner Code Enforcement Officer  19 17  Police Police Chief Lieutenant investgator/Communty Officer Patrol Sergeant Senior Patrol Officer Patrol Officer School Resource Officer Part-Time Patrol Officers Records Clerk Cadet  1 1 2 2 2 6 2 6 1 2  25 19 18 17 15 14 14 12    Public Works Administration, Streets Sanitation, Storm Water Public Works Director Mechanic/Crew Leader Maintenance Worker  1 1 1 1 1 Varies  23 12 7 12 12  Heavy Equipment Operator (Sanitation) Heavy Equipment Operator (Street)  Part-time Parks and Recreation Parks & Recreation Director Athletic Program Director Park Maintenance Specialist Part-time  1 1 1 Varies  21 15 10    APPLICATION FOR APPOINTMENT TO / A BOARD FOR THE TOWN OF ERWIN, NORTH CAROLINA  The Town of Erwin appreciates your interest in serving on a Board and requests that you complete the following application. This application requests general information based on Applicant Name: Grace McLeon WatDatec of Application: 2,1424  your interest in applying for al Board for the' Town of Erwin.  Home Address:'to3 South 154h St. Homel PoegW)Es2-F21  28939 ZipCode  Street Address  Town Business/Other Phone:  FAXI Number:  Email palaaayaln  In order to consider this application, the' Town of Erwin requests thei following information: Date of Birth, 7,10154 Do you reside within the' Town Limits of] Erwin/Yes: No: Have you ever pled guilty to or been found guilty or any criminal offense or been convicted of  Occupation: Retirel  Length of residence in Erwin: 20 Years. TO Months  any offense other than a minor traffic violation? Yes_ No  If yes, please explain  Any evidence found tol be incorrect on the application may result in disqualification. Please write al brief statement as to why you: arei interested in serving on one oft these Boards. 1 have served Sevferal terms on Plansing Recreaticn MAAeHyaR Library Boaro Please indicate your preference by the number (first choice being "1")  ever.Several years.  Planning Board  Recreation. 2  Please note: If you are applying for the Planning Board you will not be able  to serve on another Board.    TOWN OF ERWIN P.O. Box 459. Erwin, NC 28339 Ph: 910-897-5140-1 Fax: 910-897-5543 www.erwin-nc.org PROCLAMATION RECOGNIZING VERNON KIRKLAND STEWART FOR CITIZEN OFT THE MONTH  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  2023-2024--012  WHEREAS, the Town of] Erwin Mayor and Board of Commissioners realize that the' Town of Erwin's greatest asset is viewed as the citizens that contribute tirelessly and unselfishly of themselves to aidi in the well-being of the residents within the community. These citizens display characteristics and qualities in an individual that strive to make ai real difference in thel lives of children, adults, and WHEREAS, Mr. Vernon Kirkland Stewart of 906 Walnut Drive was born on August 5, 1960, to David and Peggy Stewart. He is a 1978 graduate of Cape Fear Christian Academy. After High School, he attended Campbell University, graduating in 1982, and graduated from Campbell School ofLaw in WHEREAS, Mr. Stewart married his wife, Caron, on. June 23, 1985, and their 38 years ofr marriage WHEREAS, Mr. Stewart has livedi in Erwin for over 30 years. In his over 37 years of practicing law, hel has worked at many local Law Firms; Stewart and] Hayes, Stewart Law Firm, Munz Law Firm, WHEREAS, Mr. Stewart served as thel District Attorney for Harnett and Lee Counties, Prosecutorial District 12: for 10; years. During his tenure, he successfully prosecuted offenders and worked to keep the people ofHarnett and Lee County safe. He collaborated with local and state constituents to: start the first Veterans Treatment Court in North Carolina andi initiated bringing the "Project Safe Neighborhoods Program" tol Lee County. Mr. Stewart also partnered with. Harnett County Schools and Lee County Schools to present important topics to students, open conversations, and raise awareness about the consequences of poor choices teens make in situations they are often faced with.. All the programs Mr. Stewart implemented are still operating successfully inl Prosecutorial District 12; and NOW THEREFORE BE ITI RESOLVED that the Town of Erwin Mayor and Board of Commissioners give recognition and appreciation to Mr. Vernon Kirkland Stewart forl his valuable contributions to the quality ofl life in our community andj proudly acknowledge Mr. Vernon Kirkland  the elderly without desire for recognition, remuneration, or personal gain; and  1986; and  has been blessed with two children, Kirkland and Maggie; and Timothy C Morris PA, andi now Morris Duke Stewart PA; and  Stewart as thel March 2024 Citizen oft the Month. Duly Adopted, this the 7th day of] March 2024.  ATTEST: Town Clerk CEy  b2 NCCMC  Randy) Baker Mayor  65    8931  MINUTES CONTINUED FROM MARCH 7,2024 OATH OF OFFICE FOR DEPUTY TOWN CLERK  Katelan Blount repeated the Oath of Office as Deputy Town Clerk, accompanied by her daughter,  Charlotte Blount, holding the Bible.  RECESSED  Commissioner Blackmon made a motion to recess at 7:11 PM for ai reception and was seconded by  Commissioner Turnage. Motion Unanimously Approved.  RECONVENED  Commissioner Byrd made ai motion to gol back into regular session at 7:25 PM and was seconded by  Commissioner Blackmon. Motion Unanimously Approved.  PUBLIC HEARING  ZT-2024-001  Commissioner Nelson made ai motion to open the Public Hearing and was seconded by Town Planner Dylan Eure came forward and informed the Board that the Town of] Erwin received a rezoning request for the parcel located at Harnett County Tax PIN; # 1506-15-0948.000. Currently, the parcel was split-zoned. 53.27%. R-15and 46.73% RD. The applicant was requesting to have thej parcel  Commissioner Byrd. The Board voted unanimously.  fully rezoned to. RD.  Mayor Baker asked ifa anyone was present to speak ini favor ofthe request.  Shane Finn of ECE, consultants for South River came forward and addressed the Board. He stated was present to represent the property owners who wished to rezone the property in order to install an  electrical substation. No one came forward. No one came forward.  Mayor Baker asked if anyone else was present to speak in favor oft the request. Mayor Baker asked ifa anyone else was present to speak in opposition to the request. Commissioner. Nelson made ai motion to close the Public Hearing and was seconded by  Commissioner Byrd. The. Board voted unanimously. within the RD district would be allowed.  Mayor Baker reminded thel Board that ifthis rezoning request were to be approved, any permitted use Commissioner Blackmon made ai motion int the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the following finding of facts are true:    TOWN OF ERWIN P.O. Box 459. Erwin, NC: 28339 Ph: 910-897-5140 Fax: 910-897-5543 www.erwin-nc.org OAIH  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David] L. Nelson William R. Turnage  NORTH CAROLINA HARNETT COUNTY TOWN OF ERWIN  "I, KATELAN BLOUNT, DO SOLEMNLY SWEAR (AFFIRM) THAT IV WILL I SUPPORT AND DEFEND THE CONSTITUTION AND LAWS OF THE UNITED STATES; AND THE CONSTITUTION AND LAWS OF NORTH CAROLINA NOT INCONSISTENT THEREWITH; AND THAT I WILL FAITHFULLY PERFORM THE DUTIES OF THE OFFICE OF DEPUTY TOWN CLERK, ON WHICH I AM ABOUT TO ENTER,  ACCORDING TO MY BEST SKILL AND ABILITY; SOI HELP ME GOD."  Atanlurt  KATELANI BLOUNT  SWORN TO AND SUBSCRIBED BEFORE ME THIS THE7HDAY OF MARCH, 2024.  Cuan  NCCMC  TOWN CLERK  C    8932  MINUTES CONTINUED FROM MARCH 7,2024  The impact to the adjacent property owners and the surrounding community is reasonable, and thel benefits oft thei rezoning outweigh any potential inconvenienceor Ther requested zoning district is compatible with the existing Land Use The proposal does enhance or maintain the public health, safety, and general Thei request is for a small-scale rezoning and should be evaluated for  harm to the community. Classification. welfare. reasonableness.  Commissioner Byrd made ai motion in the affirmative, seconded by Commissioner Nelson, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under thej proposed district classification would bei in the general public interest and not merely in the interest of an individual or small group. Parcel is currently split zoned making ito challenging to develop. By rezoning tol be entirely under the RD zoning classification it would Commissioner Byrd made ai motion ini the affirmative, seconded by Commissioner Blackmon, and unanimously approved by the Board that there is a convincing demonstration that all uses permitted under the proposed district classification would be appropriate in the areai included in the proposed change. (When ai new district designation is assigned, any use permitted in the district is allowable, sO long as it meets district requirements, and not merely uses which applicants state they intend to make ofthe property involved.) The: rezoning would place the entire parcel under RD and all permitted uses along with it. Furthermore, the parcel is not within Commissioner McKoy: made ai motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that there is a convincing demonstration that the character oft the neighborhood will not be materially and adversely affected by any use permitted in the proposed change. The parcel is currently split-zoned under both RD and R-15z zoning classification. This would ensure all RD classification and uses on the parcel.  allow for all permitted uses under said zoning district to occur.  corporate limits oft the Town.  Commissioner Nelson made ai motion in the affirmative, seconded by Commissioner Byrd, and unanimously approved by the Board that the proposed change is in accord with the Land Development Plan and sound planning principles. The Erwin 2023 Land Use Plan has this parcel ofland tol be zoned under suburban classifications and by the rezoning would solve the Commissioner Byrd made ai motion that the requested rezoning from being split-zoned with R-15 and RD to entirely with RD classification is compatible with all oft the Town of] Erwin's regulatory documents. According to Erwin's 2023 Land Use Plan and Erwin's Code of Ordinances the uses defined within the RD: zoning classification would best serve the above- stated parcel. It is recommended that this rezoning request be Approved.  issue ofbeing split-zoned.    8933  MINUTES CONTINUED FROM MARCH7.2024  Commissioner Blackmon made ai motion to adopt Ordinance for Map Amendment Case # ZT-2024- 001 Amendment To The Official Zoning Map' To Rezone From Split Zoned Residential (R-15). And Rural District (Rd) To Entirely Rural District (RD) Per Zoning Ordinance Article XXIII For Harnett County Pin 1506-15-0948 Ord 2023-2024: 005 and was seconded by Commissioner Nelson. The  Board voted unanimously.  Golf Course R-15 Permitted Usel Permitted Use' Text Amendment & R.O.W Maintenance Text Commissioner Blackmon made ai motion to open thel Public Hearing and was seconded by Commissioner Town Planner Dylan Eure stated this amendment would allow for Golf Courses in our R-15 zoning district. Golf Courses were: not aj permitted use in R-15 which technically: made Chicora GolfCoursea nonconforming use of land prohibiting them from expanding their golfcourse ifthey wished to dos so in Mayor Baker asked ift thel Board had any questions about the proposed text amendment.  Amendment  McKoy. The Board voted unanimously.  the future.  No discussion was had.  Mayor Baker asked Mr. Eure to go ahead and present thel R.O.W Maintenance Text Amendment as well. Town Planner Dylan Eure stated that the R.O.W Maintenance Text Amendment would better clarify the language within our Code of Ordinances to ensure that property owners are: maintaining the right ofv way Mayor Baker asked ift thel Board had any questions about thej proposed text amendment. Commissioner Byrd expressed his concern with the way the text amendment was written. He stated it would not be fair to hold the property owners: responsible for something that was: in our right of way. This Commissioner Blackmon clarified that this amendment would pertain to mainly grass in the ditches. Once you start talking about trees and bushes, it would be an undue hardship for the property owners. Commissioner Byrd stated he had aj problem with asking our citizens to keep the' Town'sr right ofway cleaned out. Some citizens are: not able to get down int their ditches to clean it out. Commissioner Blackmon stated that our citizens payt taxes and' Town Staff needed to go back and look at the language ofthis text amendment. We should not ask our citizens toj perform duties that the' Town Mayor Baker asked ifanyone was present to speak ini favor of or against either text amendment. Commissioner McKoy made ai motion to close the Public Hearing and was seconded by Commissioner Commissioner Byrd made ai motion to approve the Ordinance of1 The' Town of Erwin, North Carolina Amending 36-341 Definitions and Section 36-115 Permitted Uses And Structures Ord 2023-2024: 006 and  and mowing the grass to the edge oft the street.  language would bej putting an unduel burden on our citizens.  should be supplying. No one came: forward.  Byrd. The Board voted unanimously.  was seconded by Commissioner Blackmon. The Board voted unanimously.    Public Hearing  Item 7A  Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March 7,2024 Subject: ZT-2024-001  The Town of] Erwin has received a rezoning request for a vacant parcel located off of Hog Heaven Lane. The parcel is a vacant and does not have an address. The vacant parcel can be identified by its Harnett Count Tax PIN # 1506-15-0948.000. Thej parcel is currently split zoned  R-15-15.55 acres (53.27%) Rural District (RD) 13.64 acres (46.73%)  The applicant has requested that this parcel bei fully rezoned to Rural District (RD). The Planning Board has recommended that his rezoning request be approved. As with any rezoning request you) have to consider all oft the permitted uses in the district that it would change to ifthe rezoning request is approved. This parcel is already partially zoned RD, the applicant seeks to use this parcel for al land use that would fall under the category ofaj public facilities. Public  facilities are not allowed in our R-15 Zoning inl District.  RD  Sec. 36-77.-] Intent.  This district is established toj promote low-density residential and agricultural uses. The regulations oft this district are intended to protect the agricultural sections of the community from an influx of uses likely to render them undesirable for farms and future development and to ensure that residential developments dependent on private wells and septic tanks will occur at  sufficiently low densities to ensure al healthful environment.  (Code 1977, $9-4024.1)    Sec. 36-78.- -] Permitted principal uses and structures. The following are permitted principal uses and structures:  ()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. and parish houses. (5)Municipal facilities.  (4)Religious uses, including churches and other places of worship, religious education buildings  (6)Manufactured Class A homes on individual lots. (7)Customary home occupations. stables are not permitted inside town limits.  (8)Equine stables (private or commercial use). Only applicable in the Planning Zone. Equine (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.    TOWN OF ERWIN Mayor  Randy L. Baker Mayor Pro' Tem Ricky W.J Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  P.O. Box 459-Erwin, NC28339 Ph:910-897-5140-Fax:910-897-5543 www.erwin-nc.org 03/07/2024 ZT-2024-001 Memorandum  Rezoning Description  The Town of] Erwin has received a request toi rezone aj piece of property located by its Harnett County Tax Pin: 1506-15-0948 offo ofHog Heaven Lane within the Town of] Erwin's planning. jurisdiction but not within the Town's corporate limits. Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55 acres or 53.27% oft the property, and RD occupying approximately 13.67 acres or 46.73% ofthe property. Said petition would: rezone the above parcel tol be entirely under RD zoning classification.  Property Description  A single vacant parcel totaling 29.19 acres located off ofHog Heaven Rd within Erwin's planning. jurisdiction approximately .350 ofai mile south oft town limits. According to Harnett County GIS no water or sewer lines are accessible through the property. Property is within both watershed HUC8 and HUC12 which will require approval from North Carolina's Department of Environmental Quality prior to development taking place. Otherwise the property is not within a flood zone or wetland. The surrounding land uses are R-15 tot the North and to the West with RD being South and East oft the parcel. According to the deed associated with the property there are two tracts that are listed with tract 1 being in the ownership ofl Donnie Hamilton and tract 2 being int the ownership ofRonnie Hamilton. The parcel that is being petitioned to be rezoned ist tract 1  Findings ofl Fact  The requested rezoning from being split zoned with R-15 and! RD to entirely with RD classification is compatible with all of the Town of Erwin's regulatory documents. According to Erwin's 2023 Land Use Plan and Erwin's Code of Ordinances the uses defined within the RD  zoning classification would best serve the above stated parcel.  Regards, Dylan Eure Town Planner    2+-2074-001 Poning DooAd -7/14/24 ComMisslonts- 3/7124  Application for an ofE Erwin, NC MO  OF  Amendment To The Official Zoning Map StafrOnly: Zoning Casca Z-2074 - 0OL PBE Recommendation: A D A'WCondition,  Fee: BOX Date:  Check  ('ash  Devision: APIAWS Conditions  Print Applicant Name. DONNIECARL HAMILTONAE BECKY PHAMILTON Name oflcpa! Praperty Owner DONNIF.CAR. MMAIOHABECPMMLIDN leation. af Property: : "OGHEAVEN! LN! PUNN. NC28334 Pleaet ircle Ones ofthel Following: less thanone Aere Onei04.99 Acres Incorn morc. Actes Loning change requested from R15 fConditional District. nolc conditions: Hamett ( ounty lax Map PINI5 0.6:1.5-0.948 Puperty uwnensi of arca requesled and address(es)  to RD  FIONNE. CARI HAAL TONRE BECKYPHAMILTON 687HOGI HEAVEN LND DUNN NC28334-7146  uing pui 61 reyured., picase atlach tot thisd ducument separicly) strecus) and identify on an arcar map  Submit names and addresses ofproperty owners immediately adjacent to thep proposed rezuninp area tand properties within 1001 feet ofproposed rezoning area) and across any Allach ai metes and bounds description. deed drawing of the area involved or a reference to ltsi in ani approved subdivi ision on the entire property requested for change This applicatinn must be filed with the Town! Hall by 4:00 p.m. on the Friday whichisa at least 25 days hefore the mecung at whichi iti is to be considered and may be wi ithdrawn without penalty nul latert than 194 days prior to thep public hearing Whenever an application requesting an amendment has been acted on and denicd by the Town Brd. such: application. or one: substantially similar shall not be reconsidered sooner than one His understood by the undersigned that the Zoning Map. as originally adopted and as suhsequentls amended, i presumed by the Iownt to be appropriate to the property involved and 1hat the hurden uf prool for a zoning amendment rests with the applicant. Applicant is Incuuragedt to Discuss lhe Proposed. Zoning Amendment with Affected Property Owners. KAAE  sear afte the previous denial.  4s9 Contact Number'  Signaturec of GB7Hes  Lw., DEwp, Ni4, 28334  Mailing HRa  of Applicant    REMC-PamitonPopery- Rezoning Application (properties within 100feet of proposedi rezoning area) 1. HAMILTONT DONNIE CARL & HAMILTONBECKYP a. PIN:1 1506-15-4599.000  Names maadisasststsmnt Immedlatelyadlacenttotnepropased.  b. Mailing Address: 687 HOGI HEAVEN! LND DUNN, NC: 28334-7146 C. Physical Address: 6871 HOGI HEAVENLNI DUNN, NC: 28334-7146  2. HAMILTON RONNIE CARL & HAMILTON DEBRALYNN  a. PIN: 1506-04-8916.000  b. Mailing Address: 473HOG HEAVENINDUNN, NC: 28334 C. Physical Address: HOGH HEAVENLNDUNN, NC28334  3. - HAMILTON RONNIE C & HAMILTOND a. PIN: 1506-15-5148.000  b. Mailing Address: 4731 HOG HEAVENI LANE DUNN, NC 28334-0000 C. Physical Address: 4731 HOG HEAVENLNDUNN, NC28334  4. HAMILTON CARL. JRI HEIRS a. PIN: 1506-04-7058.000  b. Mailing Address: 2628 NCI HWY821 DUNN, NC: 28334-0000 C. Physical Address: 221 HOG HEAVEN LNDUNN, NC: 28334  5. SMITHJOHNEIR  a. PIN:1 1506-24-3948.000  b. MailingAddress: 473HOG HEAVENI LANE DUNN, NC2 28334-0000 Physical Address: 473 HOGHEAVENI LNI DUNN, NC: 28334  6. LEWIS SHARON HAMILTON & LEWIS STEPHEN. AUSTIN  a. PN.1506-35-048.000  b. MailingAddress: 1057 HUDSONTOWN: RD DUNN, NC: 28334 Physical Address: 1116HOG HEAVEN! LNDUNN, NC2 28334  7. LEE KEVIN JACOB  a. PIN: 1506-26-4385.000  b. Mailing Address: 383HINSON RDI DUNN, NC: 28334-9586 Physical Address: -- HOGHEAVENLNNC    8. ANCHOR PROPERTIES OF RALEIGHLLC a. PIN:1506-16-8759.000  b. Mailing Address: 503WRENNSTONE CTAPEX, NC27529 C. Physical Address: - HOGH HEAVENLNNC  9. HARANTI FRANKIE EDWIN a. PIN:1506-16-5628.000  b. MeilingAddress:1 111LAVENDALELNI DUNN, NC 28334-6553 . "PLIAOETTILEDAE: LN DUNN, NC28334  10. BAIRDLARRYW: & BAIRDROXANNE a. PIN: 1506-16-0834.000  b. Mailing/ Address: 135LAVENDALELNDUNN,NC: 28334-6553 Physical Address: 135LAVENDALELNI DUNN, NC28334-6553  11. JENKINS ROBERT LAWRENCE. JR & JENKINS MELODYL  a. PIN: 1506-06-4701.000  b. Mailing Address: 114LAVENDALE LND DUNN, NC: 28334 . Physical Address: IALAVENDALELNDUNN, NC28334 12. DAVIS DON TRUSTEE & ANTIOCHI PENTECOSTAL FREEV WILL b. Mailing Address: POI BOX2005! DUNN,NC: 28335-2005 Physical Address: 494/ ANTIOCH CHURCH RDI DUNN, NC: 28334  a. PIN: 1506-06-1569.000  13. MATTHEWS SHIRLEYB a. PIN: 0596-95-4677.000 Physical Address: ---NC82NC  b. Mailing Address: 2016 RICEROAD: SANFORD, NC: 27330-0000    T  / 5  dt 10  VZOZNERL: :egyld Wd/0 eNeapaASIE  vouopmsq    EEAN  Sarldes   W    HARNETTS COUNTYTAXID# 12.0395 6001-01 HK 21BY55  THESTER  2017002341  Thisi instrument drafted by: Timothy C. Morris, P.A. After recording, mailt to: P.O. Box 794, Erwin, North Carolina 28339  NORTHCAROLINA HARNETT COUNTY  )  DEED  This deed, made and entered: intot this 15' day offebven! 2017, by and! between Donnie Carl Hamilton, ofl Harnett County, North Carolina whose addressi is 26281 NCI Hwy 82, Dunn, NC 283341 hereinafter referred tos ast the "GRANTOR"; and Donnie Carl Hamilton and wife Becky] P. Hamilton, ast tenants by the entirety, ofHarnett County, North Carolina, whose addressi is: 26281 NÇI Hwy 82,1 Dunn, NC 28334; hereinafter referred to as the' "GRANTEES". Now therefore, said Grantor, for and in consideration oft thes sum of one dollar, have bargained ands sold and! by these presents do grant, bargain, sell and convey tos said Grantees, their heirs and assigns all right, title, interest, and estate ofs said Grantor, to a certaint tract or parcel ofland lying and being those certain tracts or parcels ofl lands situated and beingi inl Duke and Stewart's Creek Township, Harnett County, North Carolina, andr more particularly described below. This ist the samej property that was conveyed to the Grantori in deed recorded: in Book 1113, Page 630-633 att thel Harnett County Register of Deeds Office. Highlighted text references HAMILTON. JR. CARL 10299 92 PLAT provided.] PARCELONE: BEGINNING: at an existing 11/81 inch square steel rod, saidi rod being the northeastern corner for the Carl Hamilton, Jr. and wife, Glenda Hamilton 14 acre tract known as Tract 1 ofDeed) Book 441, atl Page 1240 oft the Harnett County] Registry, and runs as the old property line between) Hamilton andl Beard, North 84 degrees 44 minutes 54s seconds West 1429.94 feet tos ani iron stake, saids stake being located 5.51 feete east ofa ditch (formerly Tar Kiln Branch), witho comer supposed tol bei int the run of the branch; thence ast the run oft the branch, surveyed andi iron stakess setz alongt the eastern bank oft the ditch that was formerlyTarl Kiin Branch witht the old property lines ofHamilton and Antioch Church, the Bell Family Land, and Harper Tripp the following courses ando distances: South 13 degrees 341 minutes 47 seconds Bast 270.81 feet to ani irons stake located 131 feete east oft the ditch, and South 16 degrees 52 minutes 07 seconds East 245.40 feet tos ani iron stake located 141 feet east oft the ditch, and South: 3 degrees 46 minutes 18s seconds West 68.69 feet to ani iron stake 161 fecte east oft the ditch, and South 13 degrees 55 minutes 33 seconds West 144.991 feett to ani iron stake 15: feete east oft the ditch, and South 19 degrees 39r minutes 33 seconds West 289.11 feet tos ani iron stake 191 feet east oft the ditch; thence ai new line, South 79 degrees 261 minutes 22 seconds Bast 1416.661 feett tos ani iron stake ins aj path, saids stake being the line of Alvis Wood; thence ast the old property line ofWood and Hamilton andi running as an old path, North 20 degrees 31 minutes 32s seconds Bast 137.74 feet tos ani iron stake, said stake beingt the southeastem corner for the Carl Hamilton, Jr. and wife, Glendal Hamilton 16 3/4 acre tract recorded as Tract2 2 of Deed Book 441, at page 124 ofthe Harnett County Registry and being the northeastern corner for the Carll Hamilton. Jr. and wife, Glenda Hamilton, 20.8 acre tract recorded as" Tract 3 ofDeed Book 441, at page 1240 oft the Harnett Countyl Registry and being the southwestern comerf for the Carll Hamilton. Jr. 36.5 acre tract recorded inl Deed Book 349, at page 623 oft thel Harnett County Registry; thence ast the old property line andp pathl between Tract2 2 ofI Deed Book 441, at page 124 and the 36.5 acre tract, North 0 degrees 40r minutes 27 seconds West 229.741 fcett tos an existingi iron pipe, said pipe being ac comer for Casper Tart Jr. and being thei northwestem comer fori the 36,5a acre tract; thence as  WITNESSETH:    thec old property line of Hamilton and Tart, North 0 degrees 56: minutes 30 seconds West 749.57 The feett tot thep point oft beginning: and contains 32.79 acres, more orl less, 0.32 within acres!l the leavinga traverse. at total area between thet traverse line and the andi ditcho is Tract contains 1a as shown approximately ons ai map for Carl Hamilton, Jr. and Therei isc conveyed witht the above referenced parcel ai right of ways and easement fort of the ofi ingress, egress andi regress, over and across thel lands oft the grantor, said right way Beginning at aj pointi int the centerline ofSR 1776, saidp point may bel locatedl by Hamilton beginning atand existing 1 inchi ironj pipe, said pipel beingt the northeastern comerf for thel B.F. 2.801 acre tract recordedi inl Deed Book 878, atl Pages 31-32 ofthel Hamett 2.801 County acre Registry, tract 29.69 and running as ane extension oft the northem property line oft the B.F. the center Hamilton oft thei road! North 17 feet tos apointi int the centerline ofs SR 1776; then running thel BEGINNINGI ast degrees 03 minutes 10 seconds West 328.51 feett tot 501 wide easement, South 57 degrecs 56 BEGINNINGI POINT, runs ast the centerline ofa thence foot as the çenterline ofa 501 foot wide minutes 50 seconds West 600.0f feett to ay point; easement, South 75 degrees 261 minutes 56s seconds Wests approximately the oldj thence South 22 degrees 451 minutes! 52 seconds' West 25 feet to aj pointi int between! Hamilton and. Alvis Wood;t thence ast the southem side ofas 501 footy widee North 67 degrees 141 minutes 05 seconds West 900f feet to ani iron stake, saids stakel fort being the Carl ajoint comer for Alvis Woods andI Hamilton, saids stake beingt the southwestern 623 oft thel comerf Harnett County Hamilton, Jr. 36.5 acre tract recorded inl Deed Book 349, for at the page Carl! Hamilton, Jr. and wife, Glenda Hamilton! 20.8 acret tract recorded as Tract 3 ofDeed Book 441, Page wife, Glenda Hamilton 16 Registry, andt thes southeastern corner for the Carl Hamilton, Jr. 124 andy ofthel Harnett Countyl Registry; thence ast the castern side ofa251 foot wide easement, 1 and' South degrees oft the Carll Hamilton, Jr. and West 137.741 feet tos ani iron stake, comer for Tract Tract20 October 29, 1992; thence continuing wife, Glendal Hamilton Division ass shown ons ai map ands dated as the eastem side ofa25 foot wide ast thee eastem property line of Carl minutes Hamilton, 23 seconds Jr., West 1149.12 feett tot thes southeastern comer casement, South 20 degrees Hamilton, 31 Jr. and wife, Glendal Hamilton) Division ass shown on ai map for Tract2 2 oft the Carl With the above described 600f foot! line! beingt the centerline oft the 50 dated October 29, 1992. and the above describe approximately 1690.991 footl line also beingt the foot wide easement 501 footy wide easement andt thes above described 900 foot! linel beingt thes southern centerline ofthe easement and the above described 137.74 foot! line andt the! 1149.12 foot line oft the 501 foot wide line ofthe 25 foot wide easement with the purpose of the easement being PARCELTWO: BEGINNING: at ani iron stake att the high! bank ofthe Capel Fear River, fort said thel Inez stakel beingl located att the south end ofF Redl Rock Lock, saids stakes also beinga a comer and Corbin, Corbin 200 acre' "Williams Tract", andr runs ast the old1 line of Carll Hamilton, Jr. the North 67 degrees 051 minutes 44 seconds' West 48.571 feet to ani iron stake set on property West thence ast the oldi line ofHamilton and Corbin, North 67 degrees 051 minutes 44 were seconds also found; 780.45 feet1 to an existing ironj pipe at thei intersection ofd ditches, 7 corner chops 59 minutes 05 seconds thence ast thel line of Hamilton and Corbin, ands ass a ditch, South of ditches; degrees thence ast the oldl line of West2 2184.31 feet tos ane existingi irons stake 54 seconds att thei intersection Westl 152.95 feet tos as seti irons stake; thence Hamilton, South 63 degrees Corbin, 27 minutes! South 22 degrees 201 minutes 00 seconds West 785.0 feet toa ast thel line of Hamilton rod over and at tile thati is at the northem side ofa! 501 feet wide righto ofway; thence set 5/81 inchs steel Hamilton and Corbin, North 85 degrees 00r minutes 00 seconds West: 500.00 fcet to ane existing concrete West monument; 650.13 feet to ane existing concrete monument; thences as thel line of minutes 00s seconds South 22 degrees 191 minutes 31 seconds West 671.31 feet to ani irons stake, Hamilton and also Wellons, a corner for' Tract #2; thence as at new line ands ast the linel between Tract #1 and1 Tract #2, South Fear degrees River, a1 new comer; thence as the run ofCape Fear River, measured high bank ofCape! bank, the following courses and distances: North 9 degrees! 571 minutes 25  acreagei int thist tract of33.11 acres wife, Glendal Hamilton, dated October 29, 19921 by purposes and easement being more] particularly described asi follows:  W.R. Lambert, R.L.S.  POINT; thence from said 1690.991 feet tos aj point; line property easement,  Registry, ands saids stake being the northeastern comer 3/4 acre tract recordeds as Tract 2 of Deed Book 441, at page 20  at] 124, Harnett County 31 minutes 32 seconds  line being thes easter! fori ingress and egress.  line;  ast thel linec ofH  thence ast thel line ofHamilton and Corbin, North 78 degrees 40 21 minutes 53 seconds. East 2855.681 feet to ani iron stake att the  anewo corner, 83 along the highb    seconds West 199.35 feett to ani irons stake, andl North 12 degrees 121 minutes 35 seconds West 200.95 feett to ani irons stake, and! North 50 degrees 551 minutes 20 seconds West 275.241 feett toan iron stake, and? North 80 degrees 24 minutes 00 seconds West 182.41 feett to ani iron stake, and North 0 degrees 23r minutes 05s seconds East 391.941 feet to ani iron: stake, andl North 60 degrees 45 minutes 40 seconds East 571.28 foett tos ani iron stake, and! North 7 degrees 33 minutes 10s seconds East 201.51 feet tos ani iron stake, and7 North 2 degrees 371 minutes 20: seconds East 319.441 feett to ani iron stake, and North 7 degrees 141 minutes 10s seconds East 300.11 feet tos ani iron stake, and North 4 degrees 01 minute 15 seconds East 197.231 feet tos ani irons stake, andl North 4 degrees 36 minutes 05: seconds East 420.161 feet toa ani iron stake, and! North2 2 degrees 371 minutes 55 seconds West 176.44 feet toi thej point oft beginning ando contains 101.14a acres, more orl less. There is conveyed with the above referenced; parçel a: 501 foot right of way and easement fori the purposes ofingress, egress andi regress, over and across thel lands oft the grantor, saidi right of way Beginning at ane existing concrete monument, said monument beingt thej joint comer between Carl Hamilton, Jr., Wellons, andl Inez Corbin's 200 acre' "Williams' Tract", said monument may also bel located by beginning ata al P.K. nail over a culvert int the center of SR 1779, and running ast the center oft the road, North 78 degrees 48 minutes 18 seconds East 748.801 feett toaP.K. nail, and North 65 degrees 221 minutes 18 seconds East 224.64f feet toaP.K, nail andt then running ast the center ofa an existing path, South 66 degrees 11 minutes 21 seconds East 188.631 feet tos ani iron stakes and South 68 degrees 33 minutes 31 seconds East! 516.831 feett to ani iron stake, and! South 67 degrees 041 minutes 41 seconds. East 506.741 feet to ani iron stake, and South 77 degrees 50 minutes 31 seconds East 627.0f feet tot thel BEGINNINGI POINT; thence from said BEGINNING POINT, runs ast the northern side ofa! 501 footy wide right of way and ast the line ofl Hamilton and Inez Corbin, South 78 degrees 401 minutes 00s seconds East 650.13 feet tos ane existing concrete monument, and South 85 degrees 001 minutes 00s seconds East 500.01 feet to as set 5/8 inchs steel rod overat tile; thence traversing from the northern side ofa 501 foot wide right ofv way to the southern side, South 80 degrees 09: minutes 11 seconds East 1047.681 feet to ani iron stake; thence ast the westem sidec ofas 501 foot wide right of way, South 5 degrees 271 minutes 31 seconds East 642.23 feett to ani iron stake, and! South 36 degrees 41 minutes 08 seconds West 568.48 feet tos an iron stake, and South 35 degrees 241 minutes 23 seconds' West 1024.361 feett tos ani iron stake, and South 39 degrees 08 minutes 58 seconds West 1053.90f feet to an iron stake, and South38 degrees 25 minutes 08 seconds West 440.73 feett to an iron stake, saids stakel beingi int thej property line between' Tract #3 and' Tract #4, and beingl located] North 62 degrees 091 minutes 02 seconds West 1431.48 feet from ani iron stakes att the high bank oft the Cape Fearl Rivert that iss ajoint corner for Tract #4 and Tract? #3, andt being! located South 62 degrees 091 minutes 02 seconds East 1645.41 feet from ani iron stake int thel linec of Wellons thati isaj joint comer for Tract #4 and Tract #3 with the above described lines being a: 50f foot wide easement for the purpose ofi ingress and egress for Tracts #1, #2, #3, and! #4 ofthe Carll Hamilton, Jr. Division.  and easement being more particularly described: asi follows:  Not titles search was performed  Tol have and tol hold said lands and premises, together with allj privileges and appurtenancesi thereuntol belonging, tot the said Grantees andi their heirs and assigns ine equal Andt thes said Grantor does covenant that hei iss seized ofs said premises inf fee and has the right to convey thes same in fee simple; that the same are free from encumbrances; and that he will warrant and defend thes said titlet tot the same against the claims ofa all persons whomsoever. INTESTIMONY WHEREOF, said Grantor has hereunto setl his hand and seal the day  shares as tenants in common.  andy year first above written.  Dai CalHoiill (SEAL)  Donnie Carl Hamilton    NORTH CAROLINA HARNETTCOUNTY foregoingi instrument.  1,Karen P.1 Lamm, a Notaryl Publicf fors said County and State, certify that Donnie Carl Hamilton personally appeared before me this day and acknowledged the execution ofthe Witness my hand and seal, thist the_ 15yd of Febrwar,2017.  n2unp om My Commission) Expires: September21,2020  Notary Public  NOTARY *** PUBUC    REZONING MAP REQUEST STAFF REPORT Case: Dylan Eure, Town Planner deure@erwin-nc.org  ZT-2024-001  Phone: (910)591-4201 Fax: (910)897-5543  Planning Board: 2/19/2024  Town Commissioners: 03/07/2024  The Town of Erwin has received a request to rezone aj parcel located by its Harnett County Tax Pin 1506-15-0948. Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55. acres or 53.27% oft the property, and RD occupying approximately 13.67 acres or 46.73% oft the property. Said petition would rezone the above parcel to be entirely under RD  zoning classification. Applicant Information Owner ofRecord: Name: Address: 687 Hog Heaven Ln City/State/Zip: Applicant: Name: City/State/Zip:  Carl & Becky Hamilton Dunn, NC 28334 Carl & Becky Hamilton Dunn, NC28334  Address: 687 Hog Heaven Ln  Property Description  Harnett County Tax Pin #1506-15-0948  Vicinity Map  See Attached Harnett County GIS Image with zoning districts See Attached Harnett County GIS Image without zoning districts  Physical Characteristics Site Description:  A single vacant parcel totaling 29.19 acres located off ofH Hog Heaven Rd within Erwin's planningjurisdiction: approximately .35 ofai mile south oftown limits. According to Harnett    County GIS: no water or sewer lines are accessible through the property. Property is within both watershed HUC8 and HUC12 which will require approval from North Carolina's Department of Environmental Quality prior to development taking place. Otherwise thej property is not within a flood: zone or wetland. According to the deed associated with the property there are two tracts that are listed with tract 1 being in the ownership of Donnie Hamilton and tract 21 beingi in the ownership of] Ronnie Hamilton. The parcel that is being petitioned to be rezoned is tract 1. Surrounding Land Uses: The surrounding land uses are R-15 to the North and to the West with  RDI being South and East of the parcel.  Services Available Staff Evaluation  No water or sewer lines run by property.  The applicant has requested to have a single split zoned parcel between R-15 and RD zoning  classifications tol be entirely under the RD.  Staff Evaluation community  XYes No The IMPACTt to the adjacent property owners and the surrounding community is reasonable, and the benefits oft the rezoning outweigh any potential inconvenience or harm to the  Reasoning: The rezoning is compatible with the surrounding community and would not  cause any inconvenience to those within the area.  XYes No Thei requested zoning district is COMPATIBLE with the existing Land Use  Classification.  Reasoning: According to. Erwin's current Land Use Plan done in 2023 the property is  assigned to be zoned as an suburban area.  XYes No Thej proposal does ENHANCE or maintain the public health, safety, and general  welfare.  Reasoning: The rezoning would allow for additional developments on property that are  currently not allowed due to the parcel being split zoned.  XYes No The request is for a SMALL SCALE REZONING and should be evaluated for  reasonableness.  Reasoning: This rezoning request includes a single parcel to be rezoned to be completely  zoned under RD.    There is a convincing demonstration that all uses Parcel is currently split zoned making it permitted under thej proposed district classification challenging to develop. By rezoning to be would be in the general public interest and not entirely under the RD zoning classification it merely in the interest of an individual or small would allow for all permitted uses under said  group. YES  zoning district to occur.  There is a convincing demonstration that all uses  permitted under thej proposed district classification The rezoning would place the entire parcel would be appropriate in the area included in the under RD and all permitted uses along with proposed change. (When a new district it. Furthermore, the parcel is not within designation is assigned, any use permitted in the corporate limits ofthe Town.  district is allowable, sO long as it meets district requirements, and not merely uses which applicants state theyi intend to make ofthe property  involved.) YES  There is a convincing demonstration that the The parcel is currently split zoned under character of the neighborhood will not be both RD and R-15 zoning classification. materially and adversely affected by any use This would ensure all RD classification and  permitted in the proposed change. YES  uses on the parcel.  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 suburban  YES  classifications and by the rezoning would solve the issue of being split zoned.  Statement of Consistency  The requested rezoning from being split zoned with R-15 and RD to entirely with RD classification is compatible with all oft the Town of Erwin's regulatory documents. According to Erwin's 2023 Land Use Plan and Erwin's Code of Ordinances the uses defined within the RD zoning classification would best serve the above stated parcel. Itis recommended that this  rezoning request be Approved. Attachments: ZT-2024-001 Application Harnett County GIS Image with zoning districts Harnett County GIS Image without zoning districts Adjacent property owner sheet    e B  D  a I  CEuE  LAVENTALEON  asn 7V931 JO: JON    aane  C  E a I  FVAVENDALSLN  asn 7V537 JO: ON    John Smith Jr 1174 Old Hamilton Rd Dunn, NC 28334  Carl Donnie & Becky P Hamilton 687 Hog Heaven Ln Dunn, NC 28334 Carl R. & Debra Hamilton 473 Hog Heaven Ln Dunn, NC 28334 Sharon & Stephen Lewis 1057 Hudsontown Rd Dunn, NC 28334 Anchor Properties of Raleigh 503 Wrennstone Ct Apex, NC 27529 Larry & Roxanne Baird 135 Lavendale Ln Dunn, NC 28334 Free Will PO Box 2005 Dunn, NC 28334  Carl Ronnie & Debra Lynn Hamilton 473 Hog Heaven Ln Dunn, NC 28334 Carl Hamilton Jr Heirs 2628 NC HWY 82 Dunn, NC 28334 Kevin Jacob Lee 383 Hinson Rd Dunn, NC 28334 Edwin Frankie Harant 111 Lavendale Ln Dunn, NC 28334 Robert & Melody Jenkins 114 Lavendale Ln Dunn, NC 28334 Shirley B Matthews 2016 Rice Rd Sanford, NC 27330  Don Davis Trustee & Antioch Pentecostal    TOWN OF ERWIN P.O. Box 459. Erwin, NC 28339 Phone: 910-897-5140-Fax: 910-897-5543 www.erwin-nc.org 2/23/2024 2-2024-001  Mayor Randy L. Baker Mayor. Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  Notice ofa Public Hearing  Thel Board of Commissioners oft the' Town of] Erwin will hold aj public hearing pursuant tol NC General Statute 160D-406 on March 7th,2024 at 7:001 P.M. at thel Erwin Town Hall, 100 Westl F Street, Erwin, North Carolina to hear public comment on aj proposed rezoning request. There has been a zoning map amendment application submitted to the Town. The rezoning  request includes a single parcel ofland that are listed below:  HC' Tax Pin: 1506-15-0948.000 located off ofHog Heaven Lni in Erwin's planning  jurisdiction.  Currently this parcel is split zoned between R-15 and RD. With R-15 occupying approximately 15.55 acres or 53.27% oft the property, and RD occupying approximately 13.67 acres or 46.73% oft the property. Said petition would rezone the above parcel to be entirely under RD zoning A copy ofthis case is available for review at thel Erwin Town Hall. Questions concerning this case can be addressed to the' Town Planner Dylan Eure at 910-591-4201 or by email at  classification.  deureerwin-nc.or  Town Planner  Ea    NOTICE OF PUBLIC HEARING The] Town ofE Erwin Board of Commissioners will conduct al Public Hearing on the following item pursuant to! NC General Statute 160D-406, on Thursday, March 7, 2024, at 7:00F P.M. int thel Erwin Municipal Building Board Room! located at1 100 West F Street, Erwin, NC 28339. Questions can! be addressed to the Town! Manager Snow Bowden at 910-591-4200 or by email at townmanagercerwin-nc.org. Case ZT-2024-001: Request to! have a split-zoned parcel located off ofH Hog! Heaven Lane rezoned from R-15 and RDi to entirely Rur- alD District (RD). The property can bei identified byi its Harnett County Tax PIN# 1508-15-0948.000. TextA Amendment to Chapter 36 Zoning, Section: 36-115 Permitted uses and structures under Article 51 Residental (R-15) and Article 2 Definitions int the Town of Erwin Code of Ordinances. TextA Amendment to Chapter 121 Environment, Article IVWeeds, Hedges, Tall Grass and Other Vegetation, Section 12-921 Definition int the Town of Erwin Code of Ordinances. Ar request to consider permanently closing an undeveloped sec- tion of Bayles Street that extends from the parcelt that the Walmart is located on currently. This case is available for review att the Erwin Town Hall. Allp persons desiring to bel hearde either for or against the proposedi items set forth above are requested tol be present att the above-mentioned time and place. 2/20,27/2024    ZT-2024-001 Statementak.comisteny  The requested rezoning from being split zoned with R-15 and RD1 to entirely with RD classification is compatible with all of the Town of Erwin's regulatory documents. According to Erwin's 2023 Land Use Plan and Erwin's Code of Ordinances the uses defined within thel RD zoning classification would best serve the above stated parcel. Itis recommended that this rezoning request be Approved.  Joshua! Schmieding Chairman  dbuun Cano  Lauren Evans Town Clerk    ZT-2024-001 atementok.comsisteny  The requested rezoning from being split zoned with R-15 and RD1 to entirely with RD classification is compatible with all of the Town of Erwin's regulatory documents. According to Erwin's 2023 Land Use Plan and Erwin's Code of Ordinances the uses defined within the RD zoning classification would best serve the above stated parcel. Iti is recommended that this rezoning request be Approved.  Randy Baker Mayor  E6  Cbwun Emz 4  Lauren Evans Town Clerk    Mayor Randy L. Baker Mayor Pro' Tem Ricky W. Blackmon Commissioners Alvester L. McKoy David L. Nelson William R. Turnage  TOWN OF ERWIN P.O. Box 459. Erwin, NC 28339 Ph:910-897-5140-Fax910-897-5543 www.erwin-nc.org  Marbell  ORDINANCE FOR MAP. AMENDMENT CASE#ZT-2024-001 Timothy D. AMENDMENT TOTHE OFFICIAL ZONING MAPTO! REZONE CharlesI L. Byrd  FROM SPLIT ZONED RESIDENTIAL (R-15) AND RURAL DISTRICT (RD) TO ENTIRELY RURAL DISTRICT (RD) PER ZONING ORDINANCE ARTICLE. XXIII FOR HARNETT COUNTY PIN 1506-15-0948.  ORD: 2023-2024:005  Per Chapter 36 Zoning, Article. XXIII, Changes and. Amendments, Harnett County PIN 1506-15-0948.000 owned by Donnie Carl Hamilton and Becky PI Hamilton has been  rezoned to. Rural District (RD), Case # ZT-2024-001.  B3480 - P348  HARNE T 12 0375 booSypa K 2z14v3 This instrument drafted by: Timothy C. Morris, P.A.  After NORTH Donnie Carl Dunn, NC wife Becky P. Now This is same 1113, Page for the Branch), supposed to bei in surveyod Branch with the old property lines of Harper: Tripp the following courses and 270.81 feet to iron stake 19 degrees 391 feet to an Clenda Harnett County Registry and being the Hamett County Registry recorded in Doed Book 349. at pago 623 of the North o degrees 401 minutes 27  mail to: P.O. Box 794,1 Erwin, North Carolina: 28339  DEED  This made and entered into this 15 day: of Feovark 2017, by and between  of Hamett County. as tenants by the entirety, of said Grantor, for and in  whose address is 2628 NCI Hwy 82, County, North Carolina, whose referred to as the GRANTERS". of the of one dollar. have  referred to as the "GRANTOR" and Donnie Carl Hamilton and  address is: 2628 NC) Hwy 82. Dunn, NC 28334;  bargnined sold and by these prements do grant, bargain, and convey to said Grantees, thcir hoirs assigns all right, title, intercst, and cstatc of said Grantor, to a certain tract or parcel of landI lying and being those certain tracts or parcels of land situated and being in Duke and Stewart's Township, Harnett County, North Carolina, and more particularly PARCELONE: BEGINNING at an existing 1 1/8 inch squares steel rod.: said rod being the Tract 1 of Deed Book: 441, at Page 124ofthel Harnett County Registry, and runs as the old property line between Hamilton and Beard, North 84 degrees 441 minutes 54 1429.9 94 to ani iron stake, said stake being located 5.5 fcet cast ofas (formerly Tar Kiln stakes set along the eastern bank of the ditch that was formerly" Tar Kiln Bast: 245. 40 fcet to an iron: stake located 141 feet cast oft the ditch, and South 3 degrces 46 minutes 18 seconds West 68.69 fect to ani iron stake 16.1 foet cast ofthe ditch, and South 13 degrees 551 minutes 33 seconds West 144. 991 feet tos an iron stake 151 ditch; thence a new line, South 79 degrees 26 minutes 22 seconds Enst 1416.66 fect to an iron stake in a path, said: stake being the line of Alvis Wood; as the old property. lino of Wood and Hnmilton and running as old path, 20 degrees 31 minutes 32 seconds Fast 137.74 Glenda Hamilton, 20.8 acret tract recorded: as 3 of Deed Book 441,at page 124 ofthe property line and path between Tract 2 of Deed Book 441, at page 124 and the: 36.5 acre tract, as corner for Camper Tarl. Jr. and being ther northwestern corner fort thc 36.5 acret tract; thence as  that was conveyed to the Grantor in deed recordedi in Book Jr. and wife, Gienda Hamilton 14 acre tract) known as oft the branch; thence as the run ofthe branch, and Antioch Church, the Bell Family Land, and South 13 degrees 341 of the ditch, and South 16 degrees 52 minutes 07 corner for the Carl Hamilton, Jr. and wife, for the Carl County Registry: thences as the old  at thc Harnctt County Register ofD Decds Office.  West 47 seconds East of the ditch, and Jr. wife,  13 being the  33 seconds West 289.1 11 lcet to an iron stake 19 foet east of the 16 3/4 acre tract recorded as T'ract: 2 of Deed Book 441, at page 124 the  the: southwester corner fort the C'arl Hamilion. Jr. 36.5 acre. West 229.74 feet to an existing iron pipe, said pipc being    B3480 P349  the old property line of Hamilton and Tart, North 0 degrees 56: minutes 30 seconds West 749.57 feet to the point of beginning: and contains 32.79 acres, more or less, within the traverse. The area between the traverse line and the ditch contains approximately 0.32 acres leaving: a total acrcage in this tract of33.11 acres and is Tract 1as shown on: a mapi for Carl Hamilton,. Jr. and wife, Glendal Hamilton, dated October: 29, 1992 by W.R. Lambert, R.L.S. There is conveyed with thes above referenced parcel ai right of way and easement for the purposes ofi ingress, egress and regress, over and across thel lands oft the grantor, said right of way and easement being more particularly described as follows: Beginning atal point int the centerline ofSR 1776, said point may bel located by! beginning at an existing 1 inchi iron pipe, said pipe being the northeastern comer for the B.F. Hamilton 2.801 acre tract recordedi in Deed Book 878, at Pages 31-32 oft the Harnett County Registry, and running as an extension oft the northemn property line of the B.F. Hamilton 2.801 acre tract 29.69 feett to a point in1 the centerline of SR 1776; then running as the center of the road North 17 degrees 03 minutes 10 seconds West 328.51 feet to thel BEGINNING: POINT: thence from: said BEGINNINGI POINT, runs as the centerline ofa 50f foot wide easement, South 57 degrees 56 minutes 50s seconds West 600.0 feet to a point; thence ast the centerline ofa: 50 foot wide casement, South 75 degrees 26r minutes 56s seconds West approximately, 1690.99 feett toa aj point; thence South: 22 degrees 45 minutes 52s seconds West 25 fect to aj point int the old property line between Hamilton and Alvis Wood; thence as the southern: side ofa 501 foot wide casement, North 67 degrees 14 minutes 05 seconds West 900 feet to ani iron stake, said: stake being aj joint comer for Alvis Wood and Hamilton, said stake being thes southwestern comer for the Carl Hamilton, Jr.: 36.5 acre tract recordedi inj Deed Book: 349, at page 623 of the Harnett County. Registry, and said stake being the northeastem corner for the Carl Hamilton, Jr. and wife, Glenda Hamilton 20.8 acre tract recorded as Tract: 3 of Deed Book 441, at Page 124, Harnett County Registry, and thes southeastern comer for the Carl Hamilton, Jr. and wife, Glendal Hamilton 16 3/4 acret tract recorded as Tract 2 of Deed Book 441, at page 124 oft the Harnett County Registry; thence as the eastern side ofa 25 foot wide easement, South: 20 degrees 31 minutes 32: seconds West 137.74 feet to ani irons stake, comer for Tract 1 and Tract 2 oft the Carl Hamilton, Jr. and wife, Glendal Hamilton) Division as shown on ar map dated October 29, 1992; thence continuing ast the eastern property line of Carl Hamilton, Jr., and as the eastern side ofa? 25 foot wide casement, South: 20 degrees 31 minutes 23 seconds West 1149.12 feet to the southeastern corner for Tract: 2 of the Carl Hamilton, Jr. and wife, Glendal Hamilton) Division ass shown on a map dated October 29, 1992. With the above described 6001 foot line being the centerline oft the 50 foot wide easement and the above describe approximately 1690.991 foot line also being the centerline oft the 50 foot wide casement and the above described 900 foot) linc being the southern lines oft the 50 foot wide easement and the above described 137.741 foot line and the 1149.1 121 foot line being the eastem line oft the 25 foot wide easement with they purpose of the easement being PARCELTWO: BEGINNING at ani iron stake at the high bank oft the Cape Fear River, said stake being located at the south end of Red Rock Lock, said stake also being a comer fort the Inez Corbin 200 acre "Williams. Tract", and runs ast the old line of Carl Hamilton,. Jr. and Corbin, North 67 degrees 05 minutes 44 seconds West 48.57 feet to ani iron stake set ont the property line; thence ast the old1 linc of Hamilton and Corbin, North 67 degrees 05, minutes 44 seconds West 780.45 feett tos an existing iron pipe att thei intersection of ditches, comer chops were also found; thence as thel line of Hamilton and Corbin, and as a ditch, South 7 degrees 59: minutes 05 seconds West 2184.31 feet to an existing irons stake att thei intersection of ditches; thence as the old line of Hamilton, South 63 degrees 27r minutes 54 seconds West 152.95 feet tos as seti irons stake; thence ast thel line of Hamilton and Corbin, South 22 degrees 20 minutes 00s seconds West 785.01 feet toa set 5/8 inch stecl rod overs at tile that is at ther northern side ofa 501 feet wide right of way; thence ast thel line of Hamilton and Corbin, North 85 degrees 00r minutes 00s seconds West 500.00 feet to an existing concrete monument; thence ast the line of Hamilton and Corbin, North 78 degrees 40 minutes 00 seconds West 650.13 feet to an existing concrete monument; thence as the line of Hamilton and Wellons, South: 22 degrees 19r minutes 31 seconds West 671.3 feet to ani iron stake, anew corner, also a corner for Tract #2; thence as a newl line and as thel line between' Tract #1 and" Tract #2, South 83 degrees 21 minutes 53 seconds) East: 2855.68 feet to ani iron stake at the high bank of Cape Fear River, a new corner; thence ast the run of Cape Fear River, mcasured along the! high bank, the following courses and distances: North 9 degrees 571 minutes 25  fori ingress ande egress.    B3480 P350  seconds West 199.35 feet to ani iron stake, and North 12 degrees 121 minutes 35 seconds West 200.95 feet to ani irons stake, and] North: 5 degrees 55r minutes 20s seconds West 275.24 feet to an irons stake, and North 8 degrees 24 minutes 00s seconds West 182.41 feet to ani irons stake, and North 0 degrees 231 minutes 05 seconds East 391.94 feet to an irons stake, and] North 6 degrees 45 minutes 40s seconds East 571.28 feet to ani irons stake, andi North 7degrees 33 minutes 10 scconds East 201.51 feet to ani irons stake, andi North 2 degrees 37r minutes 20 seconds East 319.44 feet to ani irons stake, and North 7 degrees 14r minutes 10 seconds East 300.11 feet to ani iron stake, and North 4 degrees 01 minute 15s seconds East 197.23 feett to ani irons stake, andl North 4 degrees 36 minutes 05 seconds East 420.161 feet to ani iron stake, andi North: 2 degrees 37, minutes 55 seconds West 176.441 feet to thep point of beginning: and contains 101.14 acres, more orl less. There is conveyed witht the above referençed parcel a 50f foot right of way and casementi for the purposes ofi ingress, egress and regress, over and across thel lands of the grantor, said right of way and easement being more particularly described as follows: Beginning: at an existing concrete monument, said monument being thej joint between Carl Hamilton, Jr., Wellons, and Inez Corbin's 200 acre" "Williams Tract", said monument may also bel located by beginning ataP.K. nail over ac culverti int the center ofSR 1779, and running ast the center oft ther road, North 78 degrees 48 minutes 18 seconds East 748.8 801 feet to al P.K. nail, and North 65 degrees 221 minutes 18 seconds East 224.64 feett toaP.K. nail andt then running as the center ofa ane existing path, South 660 degrees 11 minutes 21 seconds East 188.63 fcet to an iron stake and South 68 degrees 33. minutes 31 seconds East 516.83 feett tos ani iron stake, and South 67 degrees 041 minutes 41 seconds East 506.74 feet to ani iron stake, and South 77 degrees 50 minutes 31 seconds East 627.01 feet tot the BEGINNINGI POINT; thence from said BEGINNING POINT, runs as ther norther side ofa: 50f foot wide right ofv way and as the line ofHamilton and Inez Corbin, South 78 degrees 40, minutes 00s seconds) East 650.13 feett tos and existing concrete monument, and South 85 degrees 00r minutes 00s seconds East 500.0 feett to as set 5/8 inch steel rod over at tile; thence traversing from the northern side ofa: 50f foot wider right of way tot the southern side, South 80 degrees 091 minutes 11 seconds East 1047.68 feett to ani irons stake; thence as the western side ofa 50f foot wide right of way, South 5 degrees 27, minutes 31 seconds East 642.23 feett to ani irons stake, and South: 360 degrees 41 minutes 08 seconds West 568.48 feet to an irons stake, and South 35 degrees 24 minutes 23s seconds West 1024.361 feet to ani iron stake, and South: 390 degrees 081 minutes 58s seconds West 1053.90 feet to ani iron stake, and South 38 degrees 25 minutes 08 seconds West 440.73 feett to ani iron stake, said stake being in the property line between Tract #3 and Tract #4, and being! located North 62 degrees 09r minutes 02 seconds West 1431.48 feet from ani iron stake att the high bank of the Cape Fear) River thati isaj joint corner for Tract #4 and Tract #3, and being! located South 62 degrees 091 minutes 02 seconds East 1645.4 feet from ani iron stake int thel line of Wellons thati is aj joint corner for Tract #4 and Tract #3 with thes above described! lines being a: 50f foot wide easement for the purpose ofi ingress and egress for Tracts #1,* #2, #3, and #4 oft the Carl Hamilton, Jr. Division. Tol have and to hold said lands and premises, together with all privileges and appurtenances thereunto belonging, tot thes said Grantees andt their heirs and assigns ine equal Andt thes said Grantor does covenantt that) hei is seized ofs said premises in fees and) hast the rightt to convey thes same ini fee simple; that thes same are freet from encumbrances; andt that! he will warrant and defend thes said titlet to the same againstt the claims of all persons whomsoever. IN TESTIMONY WHEREOF, said Grantor has hereunto set! his hand and sealt the day  Not titles search was performed  shares as tenants in common.  and year first above written.  Dani GKll (SEAL)  Donnie Carl Hamilton    B3480- P361  NORTHG CAROLINA COUNTY nally foregoing Rospp Goe Notary Public My Commission: Tixpires: September 21,2020  1, Karen P. Lamm, a Notary Public for said County and certify that Donnie Carl my hand and acal, thist the_ 1S'-EbanL 2017.  beforer this day  the execution of the LiG  Adopted this the 7th day ofl March 2024.  AE  Randy Baker, Mayor  ATTEST:  Eunz  Town Clerk  Cbuae    Public Hearing  Item 7B  Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March 7,2024  Subject: GolfCourse R-15 Permitted Use Text Amendment  Town Staff has prepared a text amendment to our Town Code. The proposed text amendment would add golf courses as aj permitted use in our. R-15. Zoning District. The proposed text amendment also includes a definition ofa golf course. The Planning Board has recommended  this text amendment for approval.  Proposed permitted uses to be added tol R-15: Proposed definition ofa golf course:  Golfcourses  An area ofl land laid out for golf with a series of9t to 181 holes varying from 1001 to 600 yards with each including a tee, fairway, putting greens, bunkers and that may contain  clubhouses, areas for refreshment, or golfequipment sales.    TOWN OF ERWIN P.O. Box 459. Erwin, NC: 28339 Ph: 910-897-5140- Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners AlvesterL. McKoy Timothy D. Marbell David L. Nelson William R. Turnage  ORDINANCE OF THE' TOWN OF ERWIN, NORTH CAROLINA Charles L. Byrd  AMENDING SECTION 36-341 DEFINITIONS AND SECTION 36-115 PERMITTED USES AND STRUCTURES  ORD 2023-2024: 006  WHEREAS, the current language of Section 36-34 Definitions and Section 36-115  Permitted Uses and Structures reads: Sec. 36-34-1 Definitions. meaning:  The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different  Sec. 36-115.-F Permitted uses and structures. The following are permitted uses and structures: (I) Single-family dwellings. (2) Municipal facilities.  WHEREAS, the' Town of] Erwin wishes to amend the current language oft the same and add dictation to Section 36-34 Definitions in order to better reflect the desired development WHEREAS, the Town of Erwin wishes to amend the current language ofthe same to read: The following words, terms andj phrases, when used in this chapter, shall have the meanings ascribed to them int this section, except where the context clearly indicates a different Golf Course is an area ofland laid out for golf with a series of9 to 18 holes varying from 100 to 600 yards with each including a tee, fairway, putting greens, bunkers and that may contain clubhouses, areas for refreshment, or golfequipment sales.  within the Town's Planning. Jurisdiction; and  Sec. 36-34-I Definitions. meaning:  Sec. 36-115. - Permitted uses and structures. The: following are permitted uses and structures: (1) Single-family dwellings. (2) Municipal facilities. (3) Golf Courses    NOW,THEREFORE, BEI IT ORDAINED by the Board of Commissioners oft the Town of Erwin, North Carolina that the current language as herein found with respect to Section 36-34 Definitions and Section 36-115 Permitted Uses and Structures oft the Town Code is stricken where indicated by strikethrough lines and includes such language as herein indicated by  bold print.  Adopted this 7th day ofMarch 2024.  ATTEST:  Cane  Randy Mayor  Evans, NCCMC  Town Clerk  K  cbyua    Public Hearing  Item 7C  Erwin Board ofCommissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March 7,2024  Subject: R.O.W Maintenance Text Amendment  Town Staffh has prepared at text amendment to our Town Code. The proposed text amendment would add language to a section of our Town Code in regards to weeds, hedges, tall grass and other vegetation. It clears up who is responsible for maintaining the right-of-way.  Current language:  (7)1 Hedges or dense, thorny shrubs extending into the public right-of-way  Proposed language:  (7)H Hedges, dense thorny shrubs, weeds, grass, brush, poisonous vegetation or any other overgrown / dead vegetation as defined in items (1),(3), and (4) of Section 12-92. ofthis article  extending into the public right-of-way to the edge oft the street    8934  MINUTES CONTINUED FROM MARCH 7, 2024  Commissioner Blackmon made ai motion to table thel Public Hearing for the R.O.W Maintenance' Text Amendment until our regularly scheduled Board: meeting in April toj provide Town Staff with adequate time to clarify the verbiage oft the text amendment and was seconded' by Commissioner. McKoy. The  Board voted unanimously.  Close Bayles Street Extension  Commissioner Byrd made a motion to open the Public Hearing and was seconded by Commissioner Town Manager Snow Bowden stated that this request was to close as section of Bayles Street that had never been opened. Thei notice was properly advertised, and signs were posted at twoj places along the street. A resolution declaring intent was passed by the Town Board: inl February. Ifthel Board sees fit, we will adopt ai resolution to close the undeveloped section ofl Bayles Street which willl be filed with the Register of] Deeds. As long as there is no opposition to the order within 30 days of adoption, the Town would hire as surveyor to deed the property to private property and split thel land between thet twoj property  Nelson. The Board voted unanimously.  owners on each side.  Mayor Baker asked ifa anyone was present to speak in favor oft thei request.  Ron! Delease of 612 Wondertown Drive came forward and addressed the Board. He stated hel had issues with dirt bikes and lawnmowers all day long between his and his neighbor's house. People go through his property pushing shopping carts and leaving them on his lawn. He asked the Board toj please close the street. It was ai nuisance to him and his neighbor and ai fire hazard because the ground was sO dry in that Mayor Baker asked ifanyone else was present to speak in favor of or against the closure oft this section of  area. Bayles Street. No one came: forward.  Commissioner Blackmon made ai motion to close the Public Hearing and was seconded by Commissioner Commissioner Blackmon made ai motion to adopt the' Town ofl Erwin Resolution Ordering thel Following Street Closed: An Undeveloped Section ofl Bayles Street 2023-2024--004 and was seconded by  Byrd. The Board voted unanimously.  Commissioner Byrd. Thel Board voted unanimously.  PUBLICI HEARING  Schedule Budget Workshop  Town Manager Snow Bowden stated at our Workshop, the' Town Board was provided with potential dates for our Budget Workshop. He asked thel Board to consider March 21sift that date worked for thei majority The consensus of the Board was to schedule the Annual Budget Workshop on Thursday, March 215t  ofthe Board. at9AM.    Public Hearing  Item 7D  Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March' 7,2024 Subject: Bayles Street Extension Close  This section ofBayles Street was never developed and extends to the parcel that the Wal-Mart is located on currently. As we all know the Wal-Mart isi in the City of] Dunn corporate limits. There would: never be a need to develop this section of the undeveloped road. On May 3, 2023 there was a subdivision recorded that subdivided the two existing parcels at 608 and 610 Wondertown Drive. Before this subdivision was recorded there were some potential ingress/egress concerns Town Staff had. Town Staff wishes to close this easement and return the portion oft the land to each property owner sO it will be considered private property. Once it returns toj private property wel believe that we can better monitor the area. Any problem traffic we get from Wal-Mart would  be considered trespassing since they would be on private property.  Attachments:  NCGS 136-96 Harnett County GIS image  Intent to Close Resolution Adopted February 1,2 2024    $160A-299. Procedure for permanently closing streets and alleys.  (a) When a city proposes to permanently close any street or public alley, the council shall first adopt a resolution declaring its intent to close the street or alley and calling a public hearing on the question. The resolution shall be published once a week for four successive weeks prior to the hearing, a copy thereof shall be sent by registered or certified mail to all owners of property adjoining the street or alley as shown on the county tax records, and a notice oft the closing and public hearing shall be prominently posted in at least twoj places along the street or alley. If the street or alley is under the authority and control of the Department of Transportation, a copy of the resolution shall be mailed to the Department ofT Transportation. At the hearing, any person may be heard on the question of whether or not the closing would be detrimental to the public interest, or the property rights of any individual. Ifi it appears to the satisfaction of the council after the hearing that closing the street or alley is not contrary to the public interest, and that no individual owning property in the vicinity oft the street or alley ori in the subdivision in which it is loçated would thereby be deprived oft reasonable means ofi ingress and egress tol his property, the council may adopt an order closing the street or alley. A certified copy oft the order (orj judgment of the court) shall be filed in the office of the register of deeds (b) Any person aggrieved by the closing of any street or alley including the Department of Transportation if the street or alley is under its authority and control, may appeal the council's order to the General Court of Justice within 30 days after its adoption. In appeals of streets closed under this section, all facts and issues shall be heard and decided by a judge sitting without a jury. In addition to determining whether procedural requirements were complied with, the court shall determine whether, on the record as presented to the city council, the council's decision to close the street was in accordance with the statutory standards of subsection (a) of this section and any other applicable requirements ofl local law or ordinançe. No cause of action or defense founded upon the invalidity of any proceedings taken in closing any street or alley may be asserted, nor shall the validity of the order be open to question in any court upon any ground whatever, except in an action or proceeding begun within 30 days after the order is adopted. The failure to send notice by registered or certified (c) Upon the closing of a street or alley in accordance with this section, subject to the provisions of subsection (f) of this section, all right, title, and interest in the right-of-way shall be conclusively presumed to be vested in those persons owning lots or parcels of land adjacent to the street or alley, and the title of such adjoining landowners, for the width of the abutting The provisions of this subsection regarding division of right- of-way in street or alley closings may be altered as to a particular street or alley closing by the assent of all property owners taking title to a closed street or alley by the filing of a plat which shows the street or alley closing and the portion of the closed street or alley to be taken by each such owner. The plat shall be signed by each property owner who, under this section, has an ownership right in (d) This section shall apply to any street or public alley within a city or its extraterritorial jurisdiction that has been irrevocably dedicated to the public, without regard to whether it has actually been opened. This section also applies to unopened streets or public alleys that are shown on plats but that have not been accepted or maintained by the city, provided that this section shall not abrogate the rights ofa a dedicator, or those claiming under a (e) No street or alley under the control of the Department of Transportation may be  ofthe county in which the street, or any portion thereof, is located.  mail shall not invalidate any ordinance adopted prior to January 1, 1989.  land owned by them, shall extend to the centerline oft the street or alley.  the closed street or alley.  dedicator, pursuant to G.S. 136-96.  closed unless the Department oft Transportation consents thereto.  G.S. 160A-299  Page 1    (f) A city may reserve a right, title, and interest in any improvements or easements within a street closed pursuant to this section. An easement under this subsection shall include utility, drainage, pedestrian, landscaping, conservation, or other easements considered by the city to be in the public interest. The reservation of an easement under this subsection shall be stated in the order of closing. The reservation also extends to utility improvements or easements owned by private utilities which at the time of the street closing have a utility (g) The city may retain utility easements, both public and private, in cases of streets withdrawn under G.S. 136-96. To retain such easements, the city council shall, after public hearing, approve a "declaration of retention of utility easements" specifically describing such easements. Notice by certified or registered mail shall be provided to the party withdrawing the street from dedication under G.S. 136-96 at least five days prior to thel hearing. The declaration must be passed prior to filing of any plat or map or declaration of withdrawal with the register of deeds. Any property owner filing such plats, maps, or declarations shall include the city declaration with the declaration of withdrawal and shall show the utilities retained on any map or plat showing the withdrawal. (1971, C. 698, S. 1; 1973, C. 426, S. 47; C. 507, S. 5; 1977, C. 464,5.34,1981, C. 401; C. 402, Ss. 1,2; 1989,c.254;1993, c.1 149.1;2015-103,s.1)  agreement or franchise with the city.  G.S. .160A-299  Page 2    -  C t E a I  Bg  Esn 7V937 JOI JON    Ronald & Andrea Delease 612 Wondertown Dr Erwin, NC 28339  Tila Karpen & Shloma Landau 610 Wondertown Dr Erwin, NC 28339 Sybil W. Pope 2275 Big Landing Dr Little River, SC29566    TOWN OF ERWIN P.O. Box 459-Erwin, NC28339 Ph:910-897-5140- Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson  TOWN OF ERWIN RESOLUTION DECLARING INTENT TOCLOSE  UNDEVELOPED SECTION OF BAYLES STREET William R. Turnage  2023-2024--002  WHEREAS, thel Erwin' Town Board is authorized by G.S. 160A-299 to permanently close unopened municipal street rights-of-way with itsj jurisdiction, ifiti is determined that said street closure is not found to be contrary to thej public interest and will not deprive any property owner in the vicinity oft the street closure reasonable means of WHEREAS, ai request has been made oft the Erwin' Town Board to consider permanently closing the undeveloped section of Bayles Street, that extends from tot the parcel that the NOW THEREFORE BEI IT RESOLVED, that it ist the intent ofthe Erwin' Town Board to permanently close undeveloped section ofl Bayles Street as previously described, andi it hereby establishes aj public hearing tol be held on March 7, 2024 at 7:00 p.m. ini the Erwin BEI ITI FURTHIER RESOLVED, that the purpose oft the public hearing will bet to determine if undeveloped section ofl Bayles Street being requested for permanent closure would be detrimental to the public interest, or1 to the property rights ofanyi individual.  ingress and egress tol his/her property; and,  Wal-Mart is located on currently.  Municipal Building Board Room; and,  DULY. ADOPTED, this the 1S day ofFebruary, 2024.  Mayor  S  ATTEST:  Hauun Lome  Lauren Evans Town Clerk    TOWN OF ERWIN P.O. Box 459-) Erwin, NC28339 Ph:910-97-5140-Fax: 910-897-5543 www.erwin-nc.org  Mayor Randy L. Baker Mayor Pro Tem Ricky W. Blackmon Commissioners Alvester L. McKoy Timothy D. Marbell Charles L. Byrd  TOWN OF ERWIN RESOLUTION  ORDERING THE FOLLOWING STREET CLOSED: David L. Nelson AN UNDEVELOPED SECTION OF BAYLES STREET William R. Turnage  2023-2024-004  WHEREAS, the section of Bayles Street for closing is an undeveloped easement: 220 feet in length by 35 feet in width, located between 610 and 612 Wondertown Drive and WHEREAS, the procedure for closing streets that is set out inl North Carolina General Statutes, Section 160A-2991 has been followed and the Erwin Board of Commissioners first adopted a resolution declaring an intent to consider closing the street, and calling for WHEREAS, as said statute further requires, the resolution has been published once a week for successive weeks prior to the hearing, and a copy thereofl has been sent by registered or certified mail to all owners of! property adjoining the street as shown on the county tax records and a notice oft the closing and public hearing has been prominently NOW' THEREFORE BE IT RESOLVED, by the Town of Erwin Mayor and Board of Commissioners, that the undeveloped section of Bayles Street 220: feet in length by 35 feet in width, located between 610 and 612 Wondertown Drive and extending to the  extending to the parcel where Wal-Mart is currently located.  ap public hearing on the question; and  posted in at least two places along said street.  parcel where Wal-Mart is currently located is closed. DULY ADOPTED, this the 7th day ofl March, 2024.  Randy Mayor  S5  ATTEST:  Euano NCCMC  Town Clerk cusa    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: March 7,2024 Subject: Schedule Budget Retreat  Town Staff wishes to pick a day and time to meet to discuss the proposed budget for Fiscal Year 2024-2025. We will have a lot to discuss. I have received all ofthe budget requests from our Department Heads. This is going to be a tough budget year due to limited funds. We have exhausted the majority of our funds from the American Rescue Plan and those funds really helped the' Town the last two fiscal years with salaries, and other needs. We will have to spend the rest oft those funds this year. Ih have listed a few days below that would work inl March. Ifone of these days and times does not work we can always look fora a day and time in April. Some of us have certain days in March when we are already tied up for mandatory training.    8935  MINUTES CONTINUED FROM MARCH 7, 2024  PUBLIC COMMENT No one was present to speak. MANAGER'S REPORT  Town Manager Snow Bowden informed the Board:  The meeting he attended the past week with FAMPO went well. He expected us tol have an updated MOU to discuss at our March workshop meeting. FAMPO staff1 had already reached out to us to let us know about a grant opportunity that could bel beneficial for the' Town. We should have more, grant opportunities for sidewalks, road improvements, and other transportation needs. We should be wrapping up the CORE (creating outdoor recreation economics) program this month. Hopefully, we will have ai report to discuss at our March or. April workshop meeting. The old white house restaurant located off ofHWY 421 should be torn down soon. The owners had hoped to let this structure be used for a control burn but due to ai request from Duke Energy, they are going to just demolish the structure. They planned to have the structure demolished by the end ofthis month. They have already received approval for thel land development oft this We were going to have aj pretty packed agenda for our Planning Board in March. Wel had ai major subdivision located off ofl Red Hill Church Road that was 121 lots at the moment. Town Staff will present aj proposed overlay district for HWY4 421 Town Staff will present a number of proposed new definitions to add to our' Town Code and other updates to land uses to bej permitted by right and/or special use Town Staff will present an update on our fines for code violations. This update will hopefully give us more power when it comes toi repeat violators. He and Linda Williams will be attending a comprehensive fiscal training class in] March being The last day for sign-ups for spring sports was Saturday, March 9th. Town Hall would be open We will present the bids for the streets to be resurfaced at our. April Town Board meeting. We will present the bids for the Al Woodall Park expansion project at our April Town Board We were still waiting on al letter from the State ofl NC: ini regards to the Stormwater MGT plan grant that we were: awarded. As soon as wei receive thel letter ofintent to fund from the State of NC we will send out an RFQ to try and find a qualified firm tol help us with this plan. We will have a quote to discuss the Community Building bathrooms at our March workshop Town Staff met with parties that were: interested inl leasing spaces at the Central Carolina Industrial Park (the mill). Hel had multiple conversations with the new owners and other We were working on our other grant opportunities as items get approved. All budget requests had been turned: in fort the next Fiscal Year. There were al lot ofi requests submitted. He would do his best to fundi the items that the Town needs the most. With the costs of everything increasing and some uncertainty with the economy, this was going tol be a tough Just an FYI, thel Erwin Lions Club was. having aj pancake dinner for ai fundraiser on Tuesday,  parcel from NCDEQ and NCDOT.  hosted by the NCI League of] Municipalities.  from 9. AMt till 121 PM. meeting.  meeting.  stakeholders about potential growth opportunities.  budget year.  March 19th starting at 5:301 PM at the Erwin Community Building.    TOWN OF ERWIN BOARD OF COMMISSIONERS REGULAR MEETING THURSDAY, MARCH 7, 2024, AT7PM  PUBLIC COMMENT- Each speaker is asked to limit comments to. 3 minutes, and the requested total comment period will be 15 minutes or less. Citizens should sign upi prior to the start ofthe meeting. Please provide the clerk with copies ofany handouts, you have for the Board. Although the Board. is interested in hearing, your concerns, speakers should not expect Board action or deliberation on subject matter brought up during the Public Comment segment. Thankyou.foryour consideration of the  Town Board, staffand other speakers. $160A-81.1  Name  Address  Subject  1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12.    8936  MINUTES CONTINUED FROM MARCH 7, 2024  At our March workshop meeting we should have everything ready toj present al historical bench program. Town Staff has prepared locations and proposed designs for benches to be placed in honor or memory ofs someone throughout the' Town. This was also a way for us toj preserve our The Erwin Annual Remembrance Service will bel held on Tuesday, April 9th at 6PMat Al  history by incorporating historical images oft the Town ofl Erwin. Woodall Park in honor oflives lost in our community this past year.  Mayor Baker asked for an update on West K Street. hel heard; we were still waiting on the State.  Town Manager Snow Bowden stated that he would follow up with Town Engineer Bill Dreitzler. The last  ATTORNEY'S REPORT  Town Attorney" Tim Morris thanked thel Board for allowing him tol be their Town Attorney. He stated he would be cooking pancakes at the Erwin Lion's Club] Pancake Supper and asked everyone to please  attend. The event was for a good cause. GOVERNING COMMENTS  Commissioner Turnage stated he went riding around Town earlier that day to see what clean-ups were needed. He received a complaint regarding 104 Holmes Street, their fence was on the ground and the Town needed to address it. 306 West B Street had junk in their car garage and placed plastic over the door to cover it up. 410 West H Street'sy yard looked like at trash pile, and we also needed to follow up with the Commissioner Nelson stated he was thankful for' Town Staff. He appreciated all the fine work that Police Chief. Jonathan Johnson and his staff do. He reminded thel Board Members to go see Town Clerk Lauren Commissioner Byrd asked if wel had received any timelines from NCDOT to fix our roads. He: stated that Old Post Road and a road in Commissioner: McKoy's ward were: in bad shape. We needed to contact our Representatives to assist us in getting the work done. He thanked' Town Staff for all they do. Commissioner Blackmon congratulated Deputy Town Clerk Katelan Blount on being sworn in earlier in the meeting. Hei inquired about why West E Street had not been paved in al long time. West E Street was on our Powell Bill map and there was: no: reason fori it to: not be paved in as bad of shape as it was. He stated in regard to the presentation from Glenn McFadden at our February Workshop, he wanted to make sure thel businesses had a say. Hei inquired ifMr. McFadden' 'sj plan would clear up thei issues for the Commissioner. McKoy congratulated Deputy Town Clerk Katelan Blount on being sworn: in earlier in the meeting. He stated that people call him and compliment our Town Staff on the positive encounters they have been coming to Town Hall. He wanted to pass that sentiment on to Town Staff and keep doing what  mess at the Gettin Place.  Evans to set upt their Town emails ift they had not done SO.  business owners across the street as well.  they were doing because it was noticed.    MINUTES CONTINUED FROMN MARCH7.2024  ADJOURNMENT Thel Board voted unanimously.  Commissioner Nelson made a motion to adjourn at 8:13 P.M. and was seconded by Commissioner Byrd.  MINUTES RECORDED AND' TYPED BY LAUREN EVANS' TOWN CLERK  ATTEST: dhun  B  Eung  Baker Randy Mayor  Lauren Evans, NCCMC Town Clerk