THE ERWINI BOARD OF COMMISSIONERS APRIL 2024 REGULAR WORKSHOP MONDAY, APRIL22, 2024 @ 6:00 P.M. ERWIN MUNICIPAL BUILDING BOARDROOM  AGENDA  1. MEETING CALLED TO ORDER A. Invocation B. Pledge of Allegiance  2. AGENDA. ADJUSTMENTS/APPROVAL OF AGENDA  3. NEW BUSINESS  A. Al Woodall Municipal Park - Parking Lot Addition (Page 2) B. Budget Amendment (Page 13) C.Z ZT-2024-002 Split Zone Property Updates (Page 14) D.A Accessory Dwelling Unit Amendment (Page17) E. Penalty Text Amendment (Page 25) F. Multi-Family & Duplex Text Amendment (Page 28) G. Outdoor Storage Text Amendment (Page 29) H. FAMPO Update (Page 31) 4. CLOSED SESSION  A. Pursuant to General Statute 143-318.11(a) (6) for the Purpose of Discussing Personnel  5. GOVERNING COMMENTS 6. ADJOURNMENT    8966  ERWIN BOARD OF COMMISSIONERS REGULAR WORKSHOP MINUTES APRIL 22nd, 2024 ERWIN, NORTH CAROLINA  Thel Board of Commissioners for the Town of Erwin with Mayor Randy Baker presiding held its Regular Workshop in the Erwin Municipal Building Board Room on Monday, April 22, 2024, at 6:00 P.M.in Board Members present were: Mayor Randy Baker, Mayor Pro Tem Ricky Blackmon, and Commissioners Charles Byrd, Timothy Marbell, Alvester McKoy, Billy Turnage, and David Nelson. Town Manager Snow Bowden, Town Clerk Lauren Evans, Deputy Clerk Katelan Blount, Town Planner  Erwin, North Carolina.  Dylan Eure, and' Town. Attorney Tim Morris were present. Mayor Baker called the meeting to order at 6:01 P.M. Commissioner McKoy gave thei invocation. Commissioner Blackmon led thel Pledge of Allegiance. AGENDA ADISIMIESIANETROVALOZ AGENDA 318.11(a)(6): for the purpose ofc discussing personnel. Commissioner Nelson. The Board voted unanimously.  Town. Manager Snow Bowden requested adding a closed session pursuant to General Statute 143- Commissioner Blackmon made ai motion to approve the agenda as adjusted which was seconded by  NEW BUSINESS  Al Woodall Municipal Park- Parking Lot Addition  Town Manager Snow Bowden presented the submitted bids that were received from Town Engineer Bill Based upon the bids received, Town Engineer Bill Dreitzler recommends selecting Highland Paving Company. The bid submitted by Highland Paving was $107,026.26. This company has done good work Commissioner Byrd questioned if this would be grading where the old gazebo used to be.  Dreitzler for the Al Woodall Municipal Park Parking Lot addition.  for the Town int thej past.  Mayor Baker asked ifthis included asphalt and striping.  Town Manager Snow Bowden confirmed that this includes grading, asphalt, and curb stops. He stated that the Town staffwill have to come back to the Board at a later time in order to get funds authorized to Commissioner Turnage wanted to clarify that this would not interfere with the ditch that is inj place. Town Manager Snow Bowden confirmed that this is far enough back that it will not interfere.  get lights installed.    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: April 22,2024 Subject: Al Woodall Parking Lot  Our Town Engineer Bill Dreitzler has submitted his recommendation for the Al Woodall parking lot expansion project. This expansion should increase the number of parking spaces at Al Woodall Park by 32 spaces. The bids that we are discussing tonight are just to install the new parking lot which includes curb stops for each parking space. Once we, get the parking lot built we will have to reach out to Duke Energy and get poles installed for parking lot lights. The funds from the grant that we obtained from the State of North Carolina should be enough to  cover this project.  2    ammw  assea-mo-isad  BE:A2:E24 kE) huaha  bon  3 8  : 6 6  B 9  X    ONIISIXE 3IIS  VNITOWVO HINON 'NIMNE 133819 4391 S018 NOILIGGV 107 ONIMHVd MHVd NIMHE    NVId9NIMVIS 3IS VNITONVO HIHON' 'NIMHE 133H1S 4n91 $018 NOILIGGV. 107 ONIHVd MHVd NIMHE  00  & &  8   88  &    NVId TOBINOON NOISO83 BONICVAS ELIS VNITONVO HLHON 'NIMHE 1341S 4a91 $018 NOILIGGV 107 ONIMIVS MHVd NIMSE    STIVI3O NOLONHISNOO VNITOHVS HINON" 'NIMME 13341S 4391 So1e NOILIGGV 107 ONIMHVA MaVd NIMHE  :  1    TOWN OF ERWIN P.O.1 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: Alvester L. McKoy Timothy D. Marbell Charles L. Byrd David L. Nelson William R. Turnage  REQUEST FOR BIDS AL WOODALL MUNICIPAL PARK PARKING LOT ADDITION February 29, 2024  BID OPENING AND SUBMITTAL DEADLINE  March 29, 2024 2:00 PM AT TOWN HALL  The Town of Erwin is requesting Proposals from qualified contracting firms for the construction ofar new: 32-space parking lot. The new parking lot will be located along W A Street at the parks secondary entrance. Construction Plans and a Bid Sheet are included as attachments to this Request for Bids. Submittals shall be the Bid Sheet provided. Bids may be submitted by email, hand delivery or at the bid opening prior to  the 2:00 submittal deadline.  Email Submittals: Bill Dreitzler, P.E. dreitzler@dm2engineering.com 919-818-2235 Hand Delivery: Attention: Bill Dreitzler, P.E. 100WI F Street Erwin, NC28339 Bid Opening: Erwin Town Hall Conference Room 100WFS Street Erwin, NC 28339 End Document  8    Firefox  about:blank  AWoodall Municipal Park- Parking Lot Addition  Erwin, NC Bids Sheet V3  tem No. SETUP M01 Moblization M02 Staking M-03 MiscD Domo GRADING G-01 EarthwarkCut G-02 Eartnwoik-FA G-03 Borrow SoiF Requred (assumede 6 topsoin 004 FinaiShaping EROSION CONTROL EC02 SitFonce ECO2 SuFenceo Outet CONCRETE 001 5Wideo Concretes Sidewalk: 4T Thick BASE&PAVE P01 25954 P-02 G'ABC(180CY P-05 Apsnan MiEing-Asn needed (pour eristing apsnalt Ktet toedsong INCIDENTALS FO1 Wheels Stops (ncludes Suiping 102 6 Bollards Total Estimate: $129,182.16 Company Name:Stewan Group Emerprises, LLC. License #:69804 Address:115S. Raikzoad SL Benson, NC2 27504 Phone #:919-894-2680 Email: baairepyins Contractor Name:Trais Weaver Signature:  Description  Quantity Unit UnitF Price Unit7 Total  1 ls $5,715.00 1 ls 56.985.00 100 ea $7,874,00 SUBTOTAL 520,574.00 1 Es $7.900.00 1 $5,268.00 à $6,604.00 $19,050.00 SUBIOTAL: $38,82200 422 # $7.56 $3.200.00 ea $508.00 $1,524,00 BUBTOTAL: $4,724.00 97 sy $9144 $8,869.6a SUSTOTAL $8,B69.68 1078 Fy $26.27 $30,475.06 252 tons $14,45 $11201:40 1 Is $3,08586 SUBTOTAL: $44,762.32 32 ea $30163 59,652.16 2 0s $889.00 $1778.00 SUBIOTAL: $11,430.16  Adendums #1 & #2 Acknowledged  Date 3/26/2024  lofl  3/26/2024, 12:391 PM    AI Woodall Municipal Park-F Parking Lot Addition  Erwin,! NC Bid Sheet V3  tem! No. SETUP M-01 Moblization M-02 Staking M-03 Msc Demo GRADING G-01 Earthwork-Cut G-02 Earthwork-Fi G04 Finals Shaping EROSION CONTROL EC02 SatFence EC03 SitFence Outlet CONCRETE C01 5'Wide Concrete Sidewalk 4'7 Thick BASE &PAVE P01 2S9.5A P02 G"ABC(1800) INCIDENTALS 101 Wheels Stops F02 6'Bolards TotalE Estimate:  Description  Quantity Unit Unit Price Unitl Total 1 k 1 ls Pppe.o.c 1.00 D0 PALGL. EBuGL.G 356G $35,646.63 SUBTOTAL: 1 ls 17,000.06 1 ls 3.665. E17,00c.G #3,010.62 1 ls 54,92.65 4600.G0 s 4,560.G6 4,500.00 SUBTOTAL: 422 # 3 ca 15.50 6,541.06 51,000.00 3.ale.Cs SUBTOTAL: 97 sy r74.05 $10,979.00 SUBTOTAL: 1078 sy 252 tons 124,60 1 SUBTOTAL: 32 ea D45.c0 SUBTOTAL:  561,6G0.ce  G-03 Borrows SoilF Required (assumede 6'topsolln removed)  $74,300-8 9,541,00 $16,9786  E303 433,418.64  83,7566 3,752.60 #3,574, ea 75.02 01590.0c 3,040.00  P05 Apshak Miling- -Asneeded (poure existing apshaRa &teb to existing  B68,54i2.60 4030,G0  B45,441.00 Company! Name: BASnhW Contfouray COMIGAy License # 314H Address: 1140 Robebon SH. Phone # 4p-EETH Emall: S500HtR bNhO-AAm Contractor Name: BornMw GEE AAY Signature: Thus CC97 4308    4 DabEGUZA  SEAL  1949 n N.C. HESERIES  ADDENDUM *I 4 ADPENDUM "2 ARb ACKNOWILEPLED  10    AI Woodall Municipal Park-F Parking! Lot Addition  Erwin, NC Bid Sheet V3  item! No. SETUP M-01 Mobilization M-02 Staking M-03 Misc Demo GRADING G01 Earthwork-Cut G02 Earthwork-Fill G04 FinalSnaping EROSION CONTROL EC-02 SiF Fence EC03 SIRF Fence Outlet CONCRETE C01 5Wide Concrete Sidewalk; 4'1 Tnick BASE &PAVE P01 2S9.5A P02 6'ABC(180c) INCIDENTALS 101 Wheels Stops 1-02 6' Bollards  Description  Quantity Unit Unit Price Unit7 Total  1 Is Go Ai 0o0 4 1 Is 4,000 4,000. le 00 1.00 ea 4,000 10,500." 10500. SUBTOTAL: 0o 15,500 1 Is 15,750. 00 115 1 Is 675 1 IS 1 260. 3,250 SUBTOTAL: 0 32,205 422 M 9 3 ea 300. 00 4S 400. o SUBTOTAL: 0 2.,586. 97 sy 4 10 4,777.70 SUBTOTAL: 4,277.70 1078 5y 72.22 23,753.16 252 tons Is 65.20 1643640 00 3,0600 3,000. SUBTOTAL: 32 ea 121.60 2 ca 1,190.0 242.00 SUBTOTAL:  G-03 Borrow SoilF Required (assumede 6" topsoil removed)  P-05 Apshalt Milling Asn needed (pourcxisung apsnalt duot toeristung  43,353.56 3,572.08 00 072 00  Total Estimate: 107,026. 16  Company Name: ahlepdFehns Lo LLC License #: 55505 Address: Po Goy 1843 Eebetterlley NG 28302 Phone #: 910- 485-9 5790 Email: SLlork Ohiskleno PNinS. GOM Contractor Name: Soksny McLaules  Signature:  - PESE Dete  This Proposal cknouledses addendums lond 2.  11    OF  TOWN OF ERWIN Post Office Box 459 Erwin, NC28339 (910)897-5140 ME-MO-R-A-N-D-LM  DATE: TO: FROM: RE: Mr. Bowden,  April 12, 2024 Snow Bowden, Town Manager Billl Dreitzler, P.E., Town Engineer Al Woodall Municipal Park- - Parking Lot Addition  On March 29, 2024 at 1:001 PMI bids were: received for the additional parking at Al Woodall  Municipal Park. The following bids were: received:  Highland Paving Company, LLC: $107,026.26 Stewart Group Enterprises, LLC: $129,182.16 Barnhill Contracting Company: $195,491.00  Ihave completed my evaluation of the bids and recommend award to Highland Paving Company, LLC in the amount of $107,026.26. I am including the following with this recommendation of  award:  1. Request for Bids 2. Engineering Plan Set 3. Highland Paving Bid Sheet 4. Stewart Group Bid Sheet 5. Barnhill Contracting Bid Sheet  Sincerely,  William W. Dreitzler, P.E. Town Engineer  12    Erwin Board of Commissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: April22,2024 Subject: Budget Amendment  At our workshop meeting, the consensus oft the Town Board was to approve an expenditure ofup to$ $10,000 to allow a structural engineer to come look at the Depot and provide a report. At our May Town Board meeting, there will be a budget amendment that will transfer $10,000 from the Community Enhancement Fund to the general fund. There will also be an increase in thel Depot Revitalization expenditure line item in the Non-Departmental budget. Ie expect the total report will be around $5,000. Any remaining funds would be transferred back to the Community  Enhancement Fund.  13    8967  MEETING MINUTES CONTINUED APRIL22,2024 Commissioner Turnage asked how many parking spaces this would add.  Town Manager Snow Bowden stated that this would add 32 additional spaces. This would bet the best use There was some discussion among thel Board regarding property surrounding the park to see ift there The consensus of the Board was to place the award for Highland Paving Company LLC under  oft the land space that the Town currently owns. would be any avenues to gain additional space.  Consent on the agenda for our Regularly Scheduled Meeting in May.  Budget Amendment  Town Manager Snow Bowden presented al budget amendment to thel Board. This amendment was the consensus oft the Board at the Special Called Depot Meeting for the amount of up to $10,000.00. This would be used to have a structural engineer look at the Depot and provide ai report. At our May Town Board Meeting, we will have a budget amendment to transfer the funds from the Community Enhancement Fund to the General Fund. There will also be an increase in the Depot Revitalization expenditure line ini the NonDepartmental budget. He stated that he believes the total for the report should be approximately $5000.00, and any remaining funds will be transferred back to the Community The consensus of the Board was to place this item under Consent for our Regularly Scheduled  Enhancement Fund. Meeting in May.  ZT-2024-002 Split Zone Updates  Town Planner Dylan Eure presented the updated property values to the Board regarding the rezoning for split zone parcels. Thej property values would either have no change or would decrease, with the exception of814S S 13th Street and 812S S 13th Street. Currently, they're zoned as B2, and they would be rezoned tol R6. Currently, they're non-conforming due to the size oft the parcels since they're less than The Board viewed GIS to see the current zoning for these properties and the surrounding properties. Mayor Baker stated that he thought it was unusual how it happened that the tax value would increase on those twoj properties. Typically thel higher, morei intensive use is the higher rate. Commissioner Blackmon asked if the Land Usel Plan for that main thoroughfare is listed as Commercial, and ift that was the case, why would the Town be rezoning this as residential. Mayor Baker asked to see a copy of the Land Use Plan, as it should be a guiding document. The Board viewed both the existing Land Use map and the future map, which calls for commercial/mixed Mayor Baker explained that Town Planner Dylan Eure has reached out and spoken to the homeowners and hasn't had any negative feedback or against the rezoning, with the exception ofone resident who was confused about the rezoning. Overall the impact would be beneficial for the residents int that area.  6,000 sqft.  use for that area.    8968  MEETING MINUTES CONTINUED APRIL22.2024  The consensus of the Board was to move: forward with scheduling thel Public Hearing in the future.  Accessory Dwelling Unit Amendment  Town Planner Dylan Eure presented the benchmarking data for ADUS within other Harnett County Commissioner Byrd asked ifthis was for the purpose of another dwelling that someone could live in. Mayor Baker thanked Town Planner. Dylan Eure for gathering and presenting this information. He stated that he spoke with the Mayors from both Coats and Dunn, and asked ifthey had seen any impact on their Towns, either positive or negative. They stated that where they do allow them, they have not seen al lot of utilization. He stated that he had some concerns about having a 101 ft separation between the principal structure and the ADU. Mayor Baker stated that he wonders ift the better option would be to subdivide Town Planner Dylan Eure explained that they would not meet the rear or side setbacks, and would require Mayor Baker expressed that hel has reservations on R6 being an adequate zoning areai to allow. ADU due Commissioner Blackmon expressed some concern with the minimum housing requirements and the The consensus of the Board was to place this item on the agenda for our. Regularly Scheduled  municipalities.  Town Planner) Dylan Eure confirmed this.  that lot.  multiple hardship variances. tot the lot sizes.  process to make some of these buildings habitable.  Meeting in May.  Penalty Text. Amendment  Town Planner Dylan Eure presented thist text amendment to thel Board. This was just a revisit oft the amendment with a specific compliance schedule. Other verbiage in the amendment had not changed. Commissioner Blackmon asked ifTown Attorney Tim Morris had reviewed this amendment. The consensus of the Board was to place this item on the. Agenda for a Public Hearing at the  Town Attorney Tim Morris stated he had, and had noi issues with it.  Regularly Scheduled Board Meeting in May.  Multi-Family and Duplex- RMV  Town Planner Dylan Eure presented this amendment to allow duplexes and multi-family units within the RMV.Iti is already a special use within the DMV district. He stated that hel has had some calls from new    TOWN OF ERWIN 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  P.O. Box 459. Erwin, NC: 28339 Ph: 910-897-5140- Fax: 910-897-5543 www.erwin-ne.or 4/22/2024 L1-2024-002 Property Values Memorandum  Property Description  308 Moulton Springs Rd requirements. R-10: 1.77. Acres, 84% R-6: .33. Acres, 16% Rezone to full R-10 HC Tax Pin 0597-51-6406  Home on Property, no change to homeowner except increase in dimensional  Nol home on Property, only accessory structures for 302 Moulton Springs, no change to homeowner except increase in dimensional requirements.  R-10.55 Acres, 69% R-6. .25 Acres, 31% Rezone to full R-10 309 Moulton Springs Rd home. B-2. .23 Acres, 64.43% R-6.15 Acres, 35.57% Rezone to full R-6 HC Tax Pin 0597-51-7332 Too small ofaj parcel to develop .05 acres. R-6. .04. Acres, 82.33% B-2. .01 Acres, 17.67% Rezone to full R-6 305 Moulton Springs Rd  Home on the Property, B-2zoning would prevent owners from building onto the  Homes on property, no change to homeowner. Two Primary Structures on property R-6 1.01 Acres, 70.42% B-2.42 Acres, 29.58%  14    Rezone to full R-6 203 Moulton Springs Rd home. B-2. .42 Acres, 95.71% R-6. .02 Acres. 11.9% Rezone to full R-6 requirements. R-103.19. Acres, 94.87% B-2. .0. Acres, .12% R-6.17 Acres, 5.01% Rezone to full R-10 B-2. .42. Acres, 95.71% R-6. .02 Acres, 4.29% Rezone to Full B-2  Home on Property B-2 zoning would prevent owners from building onto the  825S13thSt  Home on Property, no change to homeowner, would only increase dimensional  808S13thSt  Business location- The Gettin' Place, No change to owner  814S13St  B-2 zoned while a SFD currently occupies the property  Parcel too small to develop Rezone toi fulll R-6 812S13tSt  B-2: zoned while a SFD currently occupies the property  Parcel too small to develop Rezone to full R-6 201 Moulton Springs Rd Rezone to full R-6 1061 Ennis St Rezone to full R-10 -  B-2 zoned while a SFD currently occupies thej property B-2 zoned while a SFD currently occupies the property  Property Values  308 Moulton Springs Rd-Rezone to full R-10 - no change HC Tax Pin 0597-51-6406 - Rezone to full R-10 - no change 309 Moulton Springs Rd - Rezone to full R-6- - decrease in value by $1,740 HC Tax Pin 0597-51-7332- -) Rezone to full R-6 - (I believe the PIN#i is incorrect on this one, Ithink it should be 0597-51-7232) - no change 305 Moulton Springs Rd - Rezone to full R-6- -1 no change 203 Moulton Springs Rd -Rezone to full R-6 - decrease in value by $480  15    825 S 13th St-Rezone to full R-10 - no change 808 S1 13th St - Rezone to full B-2 -1 no change  814 S 13th St -] Rezone to full R-6- - increase in value by $1,960 812 S 13th St - Rezone to full R-6- - increase in value by $2,290 201 Moulton Springs Rd- Rezone to full R-6- decrease in value by $3,450 106 Ennis St- Rezone to full R-10- - decrease in value by $500  16    Erwin Planning Board  REQUEST FOR CONSIDERATION  To: The Honorable Mayor Baker the Board ofCommissioners  From: Dylan Eure, Town Planner Date: April 22nd, 2024 Subject: Accessory Dwelling Unit Amendment  The Town of Erwin Staff has received aj petition to amend its Code of Ordnances to allow for accessory dwelling structures in all residential districts by a Mr. Ricky Davis of BARZ Holdings ofwhom owns rental properties within the Town of] Erwin. Said amendment would add the proposed definition of accessory dwelling units to Chapter 36 Article 2 entitled Definitions, along with the proposed regulations within the same chapter under. Article XV entitled General Provisions. The purpose of the said petitioned amendment is to increase the amount of affordable living options for those who may be priced out by the marketplace. Said amendment was authored by the property owner (Rickey Davis) and was written by the Erwin Town Planner (Dylan Eure) as per the petition to amend the Erwin Code of Ordinances requirements. Per the 2023 Erwin Land Use Plan Goal 11 LUH 4.2 states that accessory dwellings are to be allowed and  are desirable to increase housing options.  Proposed Regulation: Accessory Dwellings:  1. Accessory dwelling units are permitted as an accessory use to a residential use in which 2. Accessory dwelling units must be able to conform to an additional fifty (50) feet of frontage in addition to thei required frontage of the principal structure. 3. Accessory dwelling units shall have double the required lot size that is permitted within 5. The maximum size ofthe accessory dwelling unit is lesser than fifty (50) percent ofthe living area oft the principal structure or one thousand (1,000). square feet, whicheveri is 6. Accessory Dwelling must be a minimum of 10 feet from the side property and rear property lines or principal structure. Under: no circumstance shall accessory dwellings be 7. Manufactured housing, campers, travel trailers, or any other recreational vehicles are not 8. Must contain complete kitchen facilities including a stove/cooktop and a full bath  issi subordinate to the principal structure.  the designated zoning district.  4. Only one (1) accessory dwelling is permitted per residency.  lesser.  placed within the front setback. permitted for use as an accessory dwelling. containing a lavatory, and tub or shower.  17    9. One off-street parking place shall be provided.  10. Accessory dwellings shall be built to North Carolina Building Standards. 11.4 Accessory dwellings must be on the separate water and utilities as the principal structure. 12. Any accessory dwelling unit that is being built must be done by a certificated general  contractors as required per NC General Statute Chapter 87.  Proposed definition of an accessory dwelling unit:  A detached smaller, self-contained home that is subordinate to the principal structure and built to North Carolina Building Code for the purpose ofoccupying and or renting by thej property  owner.  18    TOWN OF ERWIN Mayor  Randy L. Baker Mayor Prol Tem Ricky' W. Blackmon Commissioners AlvesterL. McKoy Timothy D. Marbell Charles! L. Byrd David L. Nelson William R. Turnage  P.O. Box 459. Erwin, NC28339 P:910-897-5140 Fax: 910-897-5543 www.erwin-nc.org 4/22/2024  19  Accessory Dwelling Unit Bench Marking Memorandum  ADU Bench Marking  Angier-  Section 4.2.-] Residential uses.  4.2.1 Accessory dwelling. Accessory dwellings may be located in a building separate from the A. The accessory Dwelling shall not exceed one-halfo oft the total area oft the principal dwelling. B.Accessory dwellings shall be built to North Carolina Building Standards. C.A Accessory dwellings shall be similar in appearance to and compatible with the primary  principal dwelling subject to the following requirements:  structure.  Requires special permit- approved by BOA  Accessory to Primary Structure (No amendment to how many primary structures Considered as an Accessory (No amendment to special uses in each district)  are allowed)  Lillington-  3.03.5ACCESSORY DWELLINGS  A. One (1) accessory dwelling unit is permitted as an accessory to a residential use. B. The dwelling unit may be attached or detached, located on the side or rear oft the property. C.T The maximum size of Accessory Dwellings is the lesser of fifty (50) percent of the living D.A Accessory Dwellings must be a minimum of1 10 feet from the side or rear setback and shall E. Ift the Accessory Dwelling is attached to the primary residence, then access is limited to the  area ofthe Principal Structure or one thousand (1,000) square feet.  not be located within the front setback.  side or rear oft the Accessory Dwelling or to an existing door.  19    F. Attached or detached Accessory Dwellings must have the same architectural appearance oft the primary residence such as same type and color of siding, trim and roofing appearance. G.I Manufactured housing, campers, travel trailers and recreational vehicles are not permitted for H. Must contain complete kitchen facilities including a stove or cook top and a full bath I. One off-street parking space shall be provided in addition to those required for the principal dwelling except in the NMX District where shared parking can be utilized with other land uses.  use as an accessory dwelling.  including lavatory, and tub or shower (or combination).  Permitted in all residential districts  Accessory to Primary Structure (No amendment to how many primary structures Considered as an Accessory (Noamendment to permitted uses in each district)  are: allowed)  Coats-  10.1-3 Accessory Dwelling Units. (A.)Zoning Districts where the additional standards for this use below are applicable are identified in Article 8, Table 8.1 ofthis Ordinance.  (B.)Standards.  (1.) One (I)Accessory Dwelling Unit shall be permitted only on a lot containing a single dwelling unit (the principal dwelling) and conforming accessory structures in any single-family (2.)7 The Accessory Dwelling Unit shall not be considered a separate unit for the purpose of (3.) Home occupations may be located within the Accessory Dwelling Unit.  zoning district.  determining minimum lot size or maximum density.  (4.)The maximum gross floor area for the Accessory Dwelling Unit shall be 900: SF or 40% of the gross floor area oft the principal structure, whichever is less. Variances shall not allow the gross floor area ofthe Accessory Dwelling Unit to exceed 1200 SF nor shall the size oft the Accessory Dwelling Unit exceed 50 percent oft the gross floor area oft the principal dwelling unit. (5.)The Accessory Dwelling Unit may be located within same structure as the principal dwelling unit ori it may be a separate structure. Ifwithin the same structure as the principal dwelling unit, the Accessory Dwelling Unit may have a separate entrance. Ifthe Accessory Dwelling Unit is located in a separate structure, the following standards shall apply: (a.) The accessory structure housing the Accessory Dwelling Unit must be located behind the principal dwelling. On corner lots, the accessory structure housing the Accessory Dwelling Unit may be located on the corner street side of and behind the principal dwelling but must be oriented to the front street (same Coats Development Ordinance - Article 10- - Page 2 orientation as principal dwelling). (b.) Vehicular access to the Accessory Dwelling Unit shall be via the same drive that provides access tot the principal structure unless the. Accessory Dwelling Unit is located on a corner or through  20    lot. Iflocated on a corner or through lot, a secondary drive may: provide access to the. Accessory Dwelling Unit, but the secondary drive shall not be on the same street as the drive providing (6.) One (1) parking space may be provided for the Accessory Dwelling Unit. The parking space shall be located in the same area as the parking provided for the principal dwelling unit unless the lot is a corner or through lot and a separate drive provides access to the Accessory Dwelling (7.) The design and construction oft the accessory structure! housing the Accessory Dwelling Unit shall be compatible with the design and construction oft the principal dwelling unit. To ensure compatibility, the following standards shall bei met: (a.) The design oft the accessory structure housing the Accessory Dwelling Unit shall be oft the same architectural style as that ofthe principal dwelling unit. (b.) The roof style and pitch oft the accessory structure housing the Accessory Dwelling Unit shall be the same as that of the principal dwelling unit. (c.)The exterior building materials used for the accessory structure housing the Accessory Dwelling Unit shall be the same as those used for the principal dwelling unit. When the principal dwelling unit is predominantly brick or stone, the use of smooth wood or fibrous cement siding for the accessory structure housing the Accessory Dwelling Unit is appropriate to reinforce the ancillary and secondary nature ofthe Accessory Dwelling Unit. (d.) Windows and doors used for the accessory structure housing the Accessory Dwelling Unit shall be the same style and design as those used for the principal dwelling unit. Window and door placement (fenestration) on the accessory structure housing the Accessory Dwelling Unit shall mimic that oft the principal dwelling unit. (e.). Exterior paint colors for the accessory structure housing the Accessory Dwelling Unit shall be the same as (or complementary to) those for the principal dwelling unit. (8.)The use ofmanufactured dwellings, mobile homes, travel trailers, campers, or similar units (9.)T The Accessory Dwelling Unit shall not be deeded and/or conveyed to separate and/or  access to the principal dwelling.  Unit.  as an Accessory Dwelling Unit is prohibited.  distinct ownership separately from the principal dwelling unit. Only 1 permitted in ETJ, none inside of city limits  Dunn-  The following accessory uses shall be permitted in an RA-40 single-family dwelling and agricultural district, provided that when any such use shall be detached from the principal structure of the property on which the use is located, such use shall be located in the rear yard ()Automobile parking and garage, only as an accessory use to the principal uses oft the  and not less than fifty (50) feet from any street right-of-way:  property on which the use: is located;  21    (2)Servants' quarters, not serviced by separate utility meters and not leased or rented to anyone other than the family ofal bona fide servant spending more than fifty (50) percent ofhis employed time at the premises to which the servants' quarters is an accessory use and int the (3)Guest quarters, serviced by separate utility meters and not containing cooking facilities; (4)Private, noncommercial swimming pools, provided that, except for those used as an accessory use to a single-family, detached dwelling, such uses shall not be located nearer than fifteen (15) feet to a lot used for or to be used for single-family dwelling purposes, measured (5)Private stables and corrals, provided that such uses shall not be located nearer than two hundred (200) feet to a lot or building used for or to be used for dwelling purposes; (6)Public and private gardens, gardens shall meet the setbacks for accessory buildings; (7)Customary home occupations as an accessory use to a single-family dwelling.  employ ofthe family occupying such premises;  from the edge of the pool;  They will not issue permits for them. They use subdivisions and variances for  approval.  22    Chapter 87. Contractors. Article 1. General Contractors.  $87-1. "General contractor" defined; exceptions.  (a) For the purpose of this Article any person or firm or corporation who for a fixed price, commission, fee, or wage, undertakes to bid upon ort to construct or who undertakes to: superintend or manage, on his own behalfor for any person, firm, or corporation that isi not licensed as a general contractor pursuant to this Article, the construction of any building, highway, public utilities, grading or any improvement or structure where the cost ofthe undertaking is forty thousand dollars ($40,000) or more, or undertakes to erect al North Carolina labeledn manufactured: modular building meeting the North Carolina State Building Code, shall be deemed to be a "general contractor"  engaged in the business of general contracting in the State ofNorth Carolina.  (b) This section shall not apply to the following:  (1)) Persons, firms, or corporations furnishing or erecting industrial equipment, power (2). Any person, firm, or corporation who constructs or alters a building on land owned by that person, firm, or corporation provided (i) the building is intended solely for occupancy by that person and his family, firm, or corporation after completion; and (ii) the person, firm, or corporation complies with G.S. 87-14. If the building is not occupied solely by the person and his family, firm, or corporation for at least 12 months following completion, it shall be presumed that the person, firm, or corporation did not intend the building solely for occupancy by that person and his family, firm, or corporation. (3)Any person engaged ini the business of farming who constructs or alters a building on land owned by that person and used in the business of farming, when the building isi intended for use by that person after completion. (1925,c.318,s.1 1; 1931, C. 62, S. 1;1937, C. 429, S. 1; 1949, c. 936; 1953, C. 810; 1971, c. 246, S. 1; 1975, C. 279, S. 1; 1981, C. 783, S. 1; 1989, C. 109, S. 1; C. 653, S. 1; 1991 (Reg. Sess., 1992), C. 840,s.1 1;2011-376, S. 1;2 2023-108, S. 2(a).)  plan equipment, radial brick chimneys, and monuments.  Chpt 6 Article 2 Section 6-32 B Section 6 Space, use and location standards.  a. Room sizes. Every dwelling unit shall contain at least the minimum room: size in each habitable room as required by the town residential building code. (Floor area shall be calculated on the basis of! habitable room area. However, closet area and wall area within the dwelling may count for not more than ten percent oft the required habitable floor area. The floor area ofany part ofa any room where the ceiling height is less than 4% feet shall not be considered as aj part ofthe floor area in computing the total area of the room to determine maximum permissible occupancy.) Every dwelling unit shall  23    contain at least 150 square feet of! habitable floor area for the first occupant, at least 100 square feet of additional habitable areai for each oft the next three occupants, and at least 75 square feet of additional habitable floor area for each additional occupant. In every dwelling unit and in every rooming unit, every room occupied for sleeping purposes by one occupant shall contain at least 70: square feet of floor area, and every room occupied for sleeping purposes by more than one occupant shall contain at least 50 square feet of floor area for each occupant 12 years of age and over, and at least35 square feet of floor area for each occupant under 12 years ofa age.  Per North Carolina building code each dwelling unit shall have at least 150 sq ft of habitable space with an additional 100 per each additional individual.  24    Erwin Board of Commissioners REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Dylan Eure, Town Planner Date: April 22, 2024 Subject: Penalty Amendment  The Town of Erwin Staff wishes to amend Chapter 36 of the Erwin Code of Ordnances within Article XX (10) Administration and Enforcement, Section 36-584 Penalty. Said amendment would allow staff to enforce code and zoning regulations throughout the Town of Erwin. The way the current penalties are written limits the Town from issuing higher fines which will result in faster compliance with our ordinances. This effort isi to begin thej process ofc cleaning areas oft towns and ensuring zoning regulations  are being properly followed. Legality  NC General Statues 14-4 (Violation of local ordinances misdemeanor) states that (a) Except as provided ins subsection (b) or (c) of this section, ifa any person shall violate an ordinance ofa a county, city, town, or metropolitan sewerage district created under Article 5 of Chapter 162A, he shall be guilty ofa Class 3 misdemeanor and shall be fined not more than five hundred dollars ($500.00). No fine shall exceed fifty dollars ($50.00) unless the ordinance expressly states that the maximum fine is greater than fifty dollars ($50.00).(b) If any person shall violate an ordinance of a county, city, or town regulating the operation or parking of vehicles, he shall be responsible for an infraction and shall be required to pay aj penalty of not (C)A person may not be found responsible or guilty ofa al local ordinance violation punishable pursuant to subsection (a) oft this section if, when tried: fort that violation, thej person produces proofofc compliance with (1) No new alleged violations of the local ordinance within 30 days from the date of the initial alleged violation.(2) The person provides proofo ofa good-faith effort to seek assistance to address any underlying factors related to unemployment, homelessness, mental health, or substance abuse that might relate to the person's ability to comply with thel local ordinance. (1871-2, C. 195,s.2; Code, S. 3820; Rev.,s.3 3702;C.S., s.4174; 1969, C. 36, S. 2; 1985, c. 764, S. 2; 1985 (Reg. Sess., 1986), C. 852,5.17;1991,c.4 415,S.1;c.446, s.1;1993, c. 538, S. 8;c.539,s.9; 1994, Ex. Sess., C. 24, SS. 14(b), 140,;1995,c.509,5.133.1,2021-138,  more than fifty dollars ($50.00).  the local ordinance through any ofthe following:  s.1 13(c).) Un-amended Diction  The administrator shall be authorized to use any one or more of the methods described in this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions oft this (I)Civil penalties. Any person, corporation, LLC or other entities, who violate any provision of this article may be subject to assessment of the maximum civil penalty oft up to $500.00 per violation. Civil citations. A civil citation shall be issued by the administrator of the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action açcording to and within the specific compliance period ordered by the administrator. Each day such violation exists after the  article.  25    expiration oft the compliance period shall constitute a separate offense and be charged as as separate violation. Each said violation shall be subject to a civil penalty int the amount of $100.00 per day until such violation has reached compliance. Failure to pay the penalty within 15 days from the receipt oft the notice of civil penalty shall subject said person, corporation, LLC, or other entity to a civil action int the nature of debt for the stated penalty plus any additional penalties, together with the cost oft the action to  bet taxed by the court. Amended Diction  The administrator shall be authorized to use any one or more oft the methods described int this section, or action authorized by law, to ensure compliance with or to prevent a violation of the provisions of this (1)Civil, penalties. Any person, corporation, LLC or other entities, who violate any provision ofi this article may be subject to assessment of the maximum civil penalty of up to $500.00 per violation. Civil citations. A civil citation shall be issued by the administrator oft the town planning department to any person, corporation, LLC, or other entity, failing to take corrective action according to and within the specific compliance period ordered by the administrator. Each day such violation exists after the expiration oft the compliance period shall constitute a separate offense and be charged as a separate violation. Each said violation shall be subject to a civil penalty ranging int the amount of$50.00- $500.00 per day until such violation has reached compliance or the sum of penalties has reached the amount thati it requires to fix said violations. Failure to pay the penalty within 15 days from the receipt ofthe notice ofcivil penalty shall subject said person, corporation, LLC, or other entity to a civil action in the nature of debt for the stated penalty plus any additional penalties, together with the cost oft the  article.  action to be taxed by the court. Penalty Schedule:  Citation Warning Citation Official Citation Second Citation Third Citation Fourth & Subsequent Citations  Penalty N/A $50 $100 $250 $500  (A) A specified time frame shall be given to render compliance to a violation as noted int the notice of violation. A mandatory re-inspection shall take place to evaluate the status oft the violation at the end of the compliance period. An extension may be requested by the property owner in writing to the Administrator providing valid evidence as to the reason for (B) The Administrator shall have the ability to amend the specific time period for compliance due tot the nature of the violation if considerable work has been done in an attempt to remedy the violation ori ifs such violation is determined tol be aj potential risk tot thej public  failure to comply within the specified time.  health, safety, and general welfare.  26    Compliance Schedule: Nature of Violation Dilapidated structures Illegal signs Junk /a abandoned cars Zoning and subdivision regulations Tall Grass / Vegetation Any other violation  Specified Compliance Period 120-365 calendar days 10 calendar days 15 calendar days 30 calendar days 10 calendar days 30 calendar days  Failure to adhere to permit or special use permit 30 calendar days  27    8969  MEETING MINUTES CONTINUED APRIL 22, 2024  property owners, especially along 17th Street, regarding how they would be able to flip these properties The consensus of the Board was to place this item on the agenda for a future meeting.  and turn them into rental properties.  Outdoor Storage Amendment  Town Manager Dylan Eure presented this amendment that would add additional regulations for outdoor storage. This has been through thel Planning Board and this is the final, approved version through them. Mayor Baker asked how this would affect businesses such as Lowe's Home Improvement. They have Town Planner Dylan Eure stated that they're considered to be grandfathered, because they're already in Mayor Baker asked what would happen ifal business of that same type came to. Erwin, and how that Commissioner Blackmon stated that we could possibly amend this to include that type ofi items for sale, Mayor Baker wanted to ensure that we apply the ordinance fairly across the board. There are some businesses where outdoor storage of some items is part oft the business model, like Lowe's orl Home Town Attorney Tim Morris mentioned that Lowe'si is set back from the road, as well as selling newi items Mayor Baker said we could look into using setbacks to develop the standards for this ordinance. Commissioner Blackmon stated that we could possibly stipulate items that are: meant to be used for The consensus of the Board was to have Town Staff rework this amendment to address specific  items for sale such as mulch, mowers, etc.  place.  would affect them. Lawnmowers, trailers, etc. as well as seasonal items like mulch.  Depot.  rather than used items.  outdoors, such as grills, mowers, etc. cases like those discussed.  FAMPOT Update  Town Manager Snow Bowden spoke to the Board regarding an MOU from FAMPO. He stated that he is  hoping to have something to present at the. June Workshop.  Closed Session  Commissioner McKoy made a motion to go into closed session pursuant to General Statute 143- 318.11(a)(6) for the purpose of discussing personnel. The motion was seconded by Commissioner. Nelson and was unanimously approved. The Board wenti into Closed Session at 1847.  Thel Board reconvened at 1856.  MEETING MINUTES CONTINUED. APRIL22.2024    Erwin Board ofCommissioners REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners Subject: Multi-Family & Duplex -] RMV- Special Use  From: Dylan Eure, Town Planner Date: April 22, 2024  Town Staff has prepared aj proposed text amendment to Chapter 36 entitled Zoning under Article VI-A entitled Residential Mill Village within Section 36-155. Said section is the special uses and structures for the RMVzoning district. Per the 2023 Erwin Land Use Plan under Goall 1LUH3 and LUH 4 state that it is desirable to allow for greater densities and other forms ofr non-single- family residences in medium-density zoning districts. The Land Use Plan also states specifically that they are to be placed within the RMV and DMV zoning districts. Town of Erwin staff! has also received several different inquiries over the last few months about homes that were constructed to bei multi-family or two-family style homes to be used as such. Due to the nature of these homes being tailored to be two-family and multi-family dwellings, thesel homes are challenging to flip and restore, unless the owner wants to convert the home into a single-family residence, which they were never designed tol be. In order for these homes to be renovated and prevent further blight it is the recommendation from Town Staff to allow for two-family and multi-family dwellings to be a special use within the Residential Mill Village.  Current definition ofa two-family dwelling: cooking facilities for each and a shared wall. Current definition of a multi-family dwelling: housekeeping and cooking facilities for each. Proposed special uses to be added to RMV:  A dwelling arranged or designed for occupancy by two families, with separate housekeeping,  A dwelling arranged or designed for occupancy by three or more families, with separate  Two-family dwelling Multi-family dwelling  28    Erwin Board of Commissioners REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Dylan Eure, Town Planner Date: April 22, 2024 Subject: Outdoor Storage Facilities  Town Staff has prepared a proposed text amendment to Chapter 36 oft the Erwin Code of Ordinances within Article 2 entitled Definitions". Said amendment would require all future outdoor storage locations to adhere to additional regulations dealing with setbacks, permitted location, and screening requirements. The purpose oft this amendment is to ensure proper screening from possible unsafe equipment, limit aesthetic concerns, and prevent possible vandalization of vehicles/equpment. According to the 2023 Erwin Land Use Plan this isa After benchmarking our current Code of Ordinances with all municipalities of Harnett iti is my recommendation to amend our definition of outdoor storage facilities to include the following 1. Outdoor Storage shall be entirely screened from the public right-of-way, public parking, adjacent residential development, or any other development by an 8f ft 100 % visual barrier. Said barrier may be a chain-linked fence with slats, wood, or vegetation that will grow to be at least 8ft. 2. Under no circumstance shall aj plain chain-linked fence be acceptable. 3. Outdoor Storage shall be located entirely ini the rear or side of the development.  actionable task under Goal 1, LUH7.  diction.  Current Un-amended Diction:  Outdoor storage means the placement or storage of goods, equipment, or materials outside of an enclosed building for a period ofi more than 48 consecutive hours. Outdoor storage shall include vehicles not fori immediate sale and those not considered junk or abandoned. The term "outdoor storage" does not refer to vehicular sales and rental, licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use, including lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have ai negative impact on the health, safety and general welfare  of adjacent property owners and land uses.  Proposed Amended Diction:  Outdoor storage means a business which has storage of goods, equipment, or materials outside ofan enclosed building for aj period of more than I consecutive week. Outdoor storage shall include vehicles not for immediate sale and those not considered junk or abandoned. The term  29    "outdoor storage" does not refer to vehicular sales and rental, licensed vehicles in use by the person occupying the property, or other minor and incidental storage, such as items specifically designed for outdoor use, including lawn furniture, outdoor grill, swing set, lawn care equipment, which would not have ai negative impact on the health, safety and general welfare 1. Outdoor Storage shall be entirely screened from the public right-of-way, public parking, or adjacent residential development by an 8 ft 100 % visual barrier. Said barrier may be a chain- linked fence with slats, wood, or buffer vegetation that will grow to be at least 8ft. 2. Under no circumstance shall aj plain chain linked fence be acceptable. 3. Outdoor Storage shall be located entirely int the rear ors side oft the development.  ofa adjacent property owners and land uses.  30    Erwin Board ofCommissioners  REQUEST FOR CONSIDERATION  To: The Honorable Mayor and Board of Commissioners  From: Snow Bowden, Town Manager Date: April 22, 2024 Subject: FAMPO Update  The Town should have a copy ofthe updated MOU toj join the Fayetteville Metropolitan Planning Organization (FAMPO) at our May workshop meeting to discuss. The updated MOU willl be presented and discussed at a FAMPO committee meeting the first week in May.  31    MEETING MINUTES CONTINUED APRIL 22, 2024  GOVERNING COMMENTS  Commissioner McKoy stated that he appreciated the Police Department and K9 Clint, and all their work, specifically the recent bust they made. He also spoke of Glenn Phelps, who recently passed away. Commissioner Nelson said that he has noticed an issue on St. Matthews Road. Every time he's on that road, there are; people running the 3- and 4-way stops. Mayor Baker said that he has seen ani increase in Mayor Baker stated that he and Town Manager Snow Bowden did meet with Si Harrington regarding the Erwin Depot. Mr. Harrington has proposed a few things. Ift the Depot has to come down, he has heard that thel Mobile Home supply store downtown is coming up for sale and said that may be an option. Another option was the old bank building, due toi its historical significance. They took a walk through thel building tos show all thei issues that the building has and spoke about what would be best; renovating and repairing,  police activity ini the area because ofthis.  or utilizing pieces such as doors in ai new building.  ADJOURNMENT The Board voted unanimously.  Commissioner Nelson made a1 motion to adjourn at 7:14 P.M. and was seconded by Commissioner Byrd.  MINUTES RECORDED AND TYPED BY KATELAN BLOUNT DEPUTY CLERK  ATTEST:  EA6  YoLbaub Katelan Blount Deputy Clerk  Randy Baker Mayor