AGENDA. a) Approval of Planning Board Minutes by Planning Board: September 21, 2015 (pg. 2)

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1 THE TOWN OF EWIN PLANNING AN ZONING BOA AN THE BOA OF COMMISSIONES WILL HAVE A JOINT WOKSHOP ON MONAY, NOVEMBE 16, 7:00 P.M. IN THE EWIN COMMUNITY CENTE AT 110 WE F. AGENA 1) WOKSHOP CALLE TO OE a) Invocation b) Pledge of Allegiance 2) CONSENT ITEMS a) Approval of Planning Board Minutes by Planning Board: September 21, 2015 (pg. 2) 3) NEW BUSINESS a) iscussion of existing -10 zoning impacts on the downtown residential mill village area (approximately 33 blocks and portions of 16 other blocks) and possible text and map amendments to create a new zoning classification and district for the residential mill village district (MV) and define an area(s) on the zoning map. (pg. 8) b) iscussion of existing CB zoning impacts on the residential lots (approximately 8 blocks) in the district and possible zoning text and map amendments to create a new zoning classification and district for a transitional mixed uses district (MV) and define an area(s) on the zoning map. (pg. 12) 4) AJOUNMENT 1

2 AFT PLANNING BOA MEETING MINUTES MONAY, SEPTEMBE 21, 2015 EWIN, NOTH CAOLINA The Town of Erwin Planning Board, with Chairperson Bill Corbett presiding, held its regular meeting in the Town Hall at 100 West F St. on Monday, September 21, 2015, at 7:00 PM. Board members present were: Chairperson Bill Corbett, ick West, Terry Wicker, Melinda Alvarado, oger Chavis and Nancy Jackson, In Town Alternate Elizabeth Pate and Out of Town Member ay ogers. Board members absent were: In Town Alternate icky Symmonds, Out of Town Member Gary Blackmon, Out-of-Town-Alternate Larry aughtry and James Godwin. Town Planner Kathy Blake and Town Clerk Cynthia Patterson were present. Board Member ay ogers gave the invocation. Those present recited the Pledge of Allegiance. CONSENT ITEMS Board Member Nancy Jackson made a motion to approve the minutes of July 20, 2015 as submitted and was seconded by Board Member ick West. Motion Unanimously Approved. NEW BUSINESS: CONSIEATION OF ZONING TEXT ZT TO EUCE THE -10 MINIMUM LOT WITH FOM 75 FEET TO 66 FEET Planner Kathy Blake advised that she had prepared a considerable amount of information in hopes of encouraging discussion. Any suggestions given tonight can be revised and brought back as a more finished product for the October meeting. Ms. Blake began with a brief overview of the zoning map of Erwin. She was directed by this Board to look at a reduction of the minimum lot width from 75 to 66 in -10. In doing that, Ms. Blake realized that -10 encompasses a very broad area of the Town of Erwin. The exterior -10 lots are usually bigger lots than those located closer to the mill area. In the perimeter -10 areas, there are several subdivisions that were created after zoning and do comply with existing -10 regulations as follows: Minimum lot size = 10,000 sf Minimum setbacks o Front = 35 o ear = 35 o Side = 10 Minimum lot width = 75 2

3 MINUTES CONTINUE FOM SEPTEMBE 21, 2015 Most of the lots created around the mill were done in the early 1950 s before there was zoning in Erwin. For demonstration purposes, staff selected the block defined by North 13 th, East J, and East I Streets to compare how close existing lots and houses are to the -10 dimensional requirements. All 20 of the lots/houses are nonconforming due to noncompliance with the minimum -10 setbacks. It appears 7 lots are also nonconforming due to the noncompliance with the minimum -10 lot size. There are 17 lots that are also nonconforming due to noncompliance with the minimum -10 lot width. Ms. Blake stated that just addressing the minimum lot width in -10 does not accomplish reducing the number of nonconforming lots. Staff recommends that the Board take no action on changing just the minimum lot width. CONSIEATION OF ZONING TEXT AN MAP AMENMENTS TO CEATE A NEW ZONING CLASSIFICATION AN IICT FO THE ESIENTIAL MILL VILLAGE AN EFINE AN AEA(S) ON THE ZONING MAP Ms. Blake continued to the next agenda item which a text amendment was proposed for a new residential district classification referred to as residential mill village (MV). Ms. Blake stated that to-date she is not aware of any particular issues with the existing nonconforming lots that are zoned -10. Nonconforming houses can be rebuilt in any district if they are owner occupied and start rebuilding within 6 months. Current setbacks would have to be used. There was considerable discussion by Planning Board members about possible pros and cons of this proposal. Board Member Nancy Jackson expressed concerns about moving forward with this. She did not feel like there is a need for this at this particular time. Board Members ick West and Mindy Alvarado agreed. The proposal is to create a new residential district, esidential Mill Village (MV) that more closely approximates the majority of the lots with their dwellings as designated in the area defined on the map provided. Minimum lot size = 7,000sf Minimum setbacks o Front = 15 o ear = 15 o Side Yard = 8 Minimum lot width = 65 Same permitted and conditional uses as -10 3

4 MINUTES CONTINUE FOM SEPTEMBE 21, 2015 Mr. Wicker expressed a desire to make fewer of the -10 lots non-conforming in an effort to allow dwellings to be rebuilt in their current location. Ms. Blake read the zoning ordinance section concerning nonconforming and building destruction. Board Member Terry Wicker made a motion to establish a esidential Mill Village istrict and was seconded by Board Member oger Chavis. The Board voted 3 for (Wicker, ogers and Chavis) and 3 against (Jackson, West and Alvarado). ue to tie Chairperson William Corbett voted for establishing a esidential Mill Village zoning classification. Motion passed. Board Member Terry Wicker also informed the board that he would like to make a change under staff s recommendations for minimum setbacks for front from 15 to 20 would be acceptable. The general consensus was to leave the proposed front yard setback at 15. CONSIEATION OF ZONING TEXT AN MAP AMENMENTS TO CEATE A NEW ZONING CLASSIFICATION AN IICT FO THE OWNTOWN MILL VILLAGE AN EFINE AN AEA(S) ON THE ZONING MAP Ms. Blake informed the Board that the town s zoning map depicts the Central Business (CB) district extending from 13 th Street along H Street and enim rive to include the Erwin Methodist Church, both sides of H Street and mainly along the northern side of enim rive. The block where town hall, the library, and the fire department are located is also zoned CB. In the designated CB district, the majority of the parcels from 12 th St. to 8 th St. are used for single-family dwellings. Single-family dwellings are not a permitted or a conditional use in the CB district. All the dwellings are nonconforming uses. Following are the dimensional requirements for CB: (1) Minimum lot area: There shall be no minimum area requirement for lots in this district. (2) Minimum lot width: There shall be no minimum width requirement for lots in this district. (3) Minimum required front yard: The minimum front yard depth shall be the average of the front yard depths which have been established by buildings in one or both adjoining side lots; in all cases, there shall be sufficient setback from the street curb line to provide space for a minimum 12-foot sidewalk. (4) Minimum required rear yard: Ten feet. No rear yard is required where a public alley abuts the rear property line. (5) Minimum required side yard: There shall be no minimum side yard required. 4

5 MINUTES CONTINUE FOM SEPTEMBE 21, 2015 Staff proposed the following as a potential new transitional uses district: Chapter 36 Zoning, Article VII-a OWNTOWN MILL VILLAGE (MV) (a new mixed uses district) Sec Intent. The purpose of this district is to serve as a transition between residential and more intensive nonresidential districts as well as to encourage the redevelopment of existing or older neighborhoods characterized by single-family residences on relatively smaller lots and provide reduced setback requirements and a defined street orientation. This includes residential and commercial uses with a low noise and traffic impact which would generally be considered compatible with a residential area which may or may not have buffering requirements as documented in Section 00 of this Ordinance. To this intent, see Section for architectural standards for all buildings used for a commercial use, to include building modifications and new construction. Sec Permitted principal uses and structures. The following are permitted uses and structures: (1) Single-family dwelling units. (2) eligious uses, including churches and other places of worship, religious education buildings, and parish houses. (3) Family care home. (4) Municipal facilities. (5) Offices for business and professional uses. (6) Park, public. (7) estaurant whose operation is conducted entirely within an enclosed building, no drive-up window or service. (8) Entertainment facilities whose operation is conducted entirely within an enclosed building. (9) Athletic and exercise facilities whose operation is conducted entirely within an enclosed building. (10) Personal Service Establishments whose operation is conducted entirely within an enclosed building. Sec Permitted accessory uses and structures. Permitted accessory uses and structures include any use or structure customarily incidental to a principal use or structure or to a conditional use for which, a permit has been issued. (See article XV of this chapter.) 5

6 MINUTES CONTINUE FOM SEPTEMBE 21, 2015 Sec Conditional uses. The following are conditional uses: (1) ay care centers, day nurseries, preschools, and similar uses. ay care centers, day nurseries, preschools, and similar uses may not be located within a 300-foot radius measured from the center of the property of another day care center, day nursery, preschool, or similar use. (2) Bed & Breakfast. (3) Customary home occupations. (4) Public facilities. (5) Tavern/Bar/Pub whose operation is conducted entirely within an enclosed building. (6) Mixed uses whose operation is conducted entirely within an enclosed building. (7) Two-family dwelling. (8) Multifamily dwelling, apartments or condominiums. (9) Mixed uses in a single structure, minimum 1 st floor 50% retail or offices for business or professional uses, whose operation is conducted entirely within an enclosed building. (10) Townhouses (11) Multifamily dwellings, upper floors of commercial buildings mixed uses (12) Mixed uses commercial and/or office building. Sec imensional requirements. (a) The following regulations shall govern all permitted and conditional uses in this district: (1) Minimum lot area: 7,000 square feet. (b)two-family: 9,000 square feet per development and an additional 2,000 square feet per unit. (2) Minimum lot width: 65 feet. (b)two-family dwelling: 75 feet. (3) The administrative official shall determine frontage for irregularly shaped lots. (b) The following are the minimum setbacks or building envelopes for properties located within the MV district: (1) Minimum required front yard: 18 feet (excluding steps). (2) Minimum required rear yard: 15 feet (excluding steps). (3) Minimum required side yard: 8 feet. (4) Maximum building height: 35 feet. 6

7 MINUTES CONTINUE FOM SEPTEMBE 21, 2015 After some discussion, Board Member Terry Wicker made a motion to continue to study the proposal for modifications to Central Business istrict and was seconded by Board Member ay ogers. The Board voted 4 for and 2 against (Jackson and Alvarado). AJONMENT Board Member ay ogers made a motion to adjourn the meeting at 7:57 pm and was seconded by Board Member Terry Wicker. Motion Unanimously Approved. MINUTES ECOE AN TYPE BY CYNTHIA B. PATTESON TOWN CLEK William Corbett Chairperson Cynthia B. Patterson, CMC Town Clerk 7

8 NEW BUSINESS AGENA ITEM NUMBE 3A JOINT WOKSHOP OF PLANNING BOA & BOA OF COMMISSIONES To: The Honorable Mayor and Board of Commissioners and Planning Board Members From: Kathy K. Blake, Town Planner ate: November 16, 2015 Subject: iscussion of zoning text and map amendments related to existing -10 classification and the possible creation of a new zoning classification for a esidential Mill Village (MV) district and defining a new district on the zoning map In the Zoning ordinance, Article VI, Section , -10 dimensional requirements are: o Minimum lot size = 10,000 sf o Minimum setbacks Front = 35 rear = 35 side = 10 o Minimum lot width = 75 In the downtown mill area, there are 33 blocks and portions of 16 other blocks where the majority of the lots are nonconforming to -10 dimensional requirements. This area can be clearly defined on a map (see attached). -10 zoning encompasses a broad area of the Town of Erwin and some portions of its ETJ (extraterritorial jurisdiction). Beyond the original mill village homes/lots area there are large areas of -10 zoned parcels that appear to be generally in conformance with the existing -10 zoning requirements. These perimeter -10 areas have several existing subdivisions designed per the -10 requirements, unlike the residential mill lots which were laid out in the early 1950 s prior to the adoption of zoning. In the Zoning ordinance, Article XVI Nonconforming Uses, Section estruction of nonconforming uses: If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by any means to an extent of more than 60 percent of its assessed valuation at the time of destruction, such structure may not be restored as a nonconforming structure or for a nonconforming use. If destroyed by less than 60 percent but not restored within 12 months of the time such damage occurred, it may not be restored as a nonconforming structure or for a nonconforming use. Owner-occupied residences, which are 8

9 nonconforming uses may be rebuilt regardless of the extent of the destruction. However, existing setbacks shall be enforced. The future effect of leaving -10 dimensional requirements on the residential mill village lots is that, as houses are destroyed and/or removed, new/replacement dwellings will have to use the existing -10 zoning dimension requirements thus creating greater distance between houses. This area will develop a more suburban look than a mill village look. Is the look important to the citizens of Erwin? If not, then staff recommends no changes to the 10 text or district. Staff recommendation: Staff suggests that such that the residents of Erwin would be best served by making this large area of nonconforming lots conforming in a newly created zoning district with appropriate dimensional requirements. Create a esidential Mill Village (MV) district (would require a text amendment) that more closely approximates the majority of the lots with their dwellings in the area defined. o Minimum lot size = 7,000 sf o Setbacks Minimum Front = 15 and Maximum Front = 25 ear = 25 side yard = 8 o Minimum lot width = 65 o Same permitted and conditional uses as -10 could be used a proposed MV district. Consideration of new uses or fewer uses could also be discussed. o See map of the proposed MV district (would require a zoning map amendment) All property owners within the proposed district and within 100 of the proposed district will have to be notified by first class mail of a rezoning public hearing. Staff seeks feedback, recommendations, and direction. Attachment: 1. Zoning Map showing all areas zoned Map of proposed MV district 9

10 Portion of Town of Erwin Zoning Map GA LN 5E CT EY LA N E il ai lt ra CH U in LL CH rw HI E ON S EW MA TT H Legend BL V CurrentZoning A CB CV M1 10 N NL NC J ILSO W 82 OL HO M E S LN <Null> B2 ANTIOCH CHUCH EA VE HOPE LN ZONING B1 NL N KS GH IS O N O N WAEN AC BUTCH MASO N NO T N 12TH un ne BUTL E UKE WALTE B YA N 3 2N S 1S S T TS T T N 13TH S 12TH N 14TH N 17TH S 17TH EJ HO AM T S O NG MC AS K AY T ET S NI M T AS AK T E E E N YA B C LU LN LU C S 8TH N 16TH N 15TH LN ISE M LOU OL F A NIE AN S 18TH POS E B OL I IS S E F E E E E S BL V E H O MO ES GG N E K E J E I CO CHI ³ 1.1 Miles SU E AV AM L SO CC AIFO BE TM SAL E E TY MCIN CK L JA AL TH 13 ES O WO W F W E W W C W B W A E WI NA LE LN T N E W K W J S LN KITTY 21 7 NU BA S NC WA L N AKE L TE IVO L EL L NA MAY LN K PO CAB APP S I NG CI 1S 42 S TH 20 PA NC 5 MONOE LN E US AG E SP FO 1S 42 VE N OL T Y 0.55 E AV EN US AVEY UN HE AS E G CO 0 HA M ON ILT C z 10

11 S 8TH S 18TH S 17TH N 12TH S 11TH S 10TH N 8TH S 7TH W J W K E JACKSON BLV E JACKSON BLV E J S 13TH N 13TH E I E H E H N 9TH W F M-1 S 14TH ENIM E F Church Church N 6TH W E E E W C E C S 12TH E OL PO S 6TH MCKAY Legend CurrentZoning ZONING B1 B2 CB CV M1 Ü a portion of Existing -10 New MV (esidential Mill Village) Existing -10, may consider a version of CB 11 -C

12 NEW BUSINESS AGENA ITEM NUMBE 3B JOINT WOKSHOP OF PLANNING BOA & BOA OF COMMISSIONES To: The Honorable Mayor and Board of Commissioners and Planning Board Members From: Kathy K. Blake, Town Planner ate: November 16, 2015 Subject: iscussion of zoning text and map amendments related to existing CB classification and the possible creation of a new zoning classification for a transitional mixed uses district and defining a new district on the zoning map Central Business (CB) Uses: CB requirements are in Article VIII of the Zoning ordinance. Single-family dwelling is not permissible or conditional use in this district. Below are the principal and conditional uses in the Zoning ordinance for CB: The following are permitted principal uses and structures: (1) etail shops and stores and service establishments whose operation is conducted entirely within an enclosed building. (2) Offices for business and professional purposes. (3) Social uses, such as social halls, lodges, headquarters of fraternal organizations, clubs, and similar activities. (4) Trades and similar enterprises catering to households and business establishments, provided that all materials are stored and operations take place within an enclosed building. (5) Motels, hotels, bed and breakfast, boardinghouses and roominghouses, and other similar establishments. (6) eligious uses, including churches and other places of worship, religious education buildings, and parish houses. (7) Family care home. (8) Municipal facilities. The following are conditional uses: (1) Vehicular services. (2) Convenience store. (3) Multifamily dwellings (on upper floors of commercial buildings). (4) Public facilities. (5) Vehicular sales and rentals: a. Minimum lot size shall be 0.5 acre. 12

13 b. Outdoor loudspeakers or audio system shall not be utilized. (oes not include special events.) c. Balloons, signs, or other items shall not be attached to vehicles and prohibited from being displayed outside the building. d. Portable signs shall be prohibited. e. Signs. See article XIX of this chapter. There are approximately 8 blocks (12 th St. to 8 th St. and from West F St. to East H St.) of the area zoned CB that have existing single-family mill village dwellings located on many of the lots. This area can be clearly defined on a map (see attached). CB imensions: Following are the dimensional requirements: (1) Minimum lot area: There shall be no minimum area requirement for lots in this district. (2) Minimum lot width: There shall be no minimum width requirement for lots in this district. (3) Minimum required front yard: The minimum front yard depth shall be the average of the front yard depths which have been established by buildings in one or both adjoining side lots; in all cases, there shall be sufficient setback from the street curb line to provide space for a minimum 12-foot sidewalk. (4) Minimum required rear yard: Ten feet. No rear yard is required where a public alley abuts the rear property line. (5) Minimum required side yard: There shall be no minimum side yard required. Nonconforming: In the Zoning ordinance, Article XVI Nonconforming Uses, Section estruction of nonconforming uses: If a nonconforming structure or a structure occupied by a nonconforming use is destroyed by any means to an extent of more than 60 percent of its assessed valuation at the time of destruction, such structure may not be restored as a nonconforming structure or for a nonconforming use. If destroyed by less than 60 percent but not restored within 12 months of the time such damage occurred, it may not be restored as a nonconforming structure or for a nonconforming use. Owner-occupied residences, which are nonconforming uses may be rebuilt regardless of the extent of the destruction. However, existing setbacks shall be enforced. In the future as there are requests to replace the dwellings in this 8 block CB area, per the CB dimension requirements, housing could be placed on side yard lines, no setbacks. 13

14 Staff questions and suggestion: oes the town desire to: Phase out single-family dwellings in this 8 block area? Have replacement dwellings located in their previous location? Have more opportunities for multifamily dwellings? Have more commercial opportunities listed and defined? Staff suggests the creation of a new transitional mixed uses zoning classification, MV (owntown Mill Village district), that makes single-family dwellings a permissible use and the dimensional requirements match the majority of the existing dwelling locations. Staff seeks feedback, recommendations and direction. Attachment: 1. Zoning map showing CB. 2. Map of proposed MV district 14

15 E J AC KS ON E J BL V ³ N 8TH N 11TH N 12TH BL V Legend E H CurrentZoning ZONING <Null> ENIM B2 E E E W CV M OL E C S 7TH CB S 10TH S 12TH E E S 11TH B1 E F S 13TH W E ON S 8TH S 16TH S 15TH W F CHIEF JOSEPH LN S 14TH M-1 KS EJ E I E H AC N 9TH N 10TH E K EJ N 11TH N 14TH W J N 16TH N 15TH W K N 13TH E L W L O P 780 -C z 1,560 Feet 15

16 N 8TH S 7TH E I E H E H M-1 CHIEF JOSEPH LN S 13TH N 13TH Church W F CB existing keep Fire ept. Town Hall Library Church S 8TH E E Legend CurrentZoning ZONING B1 B2 CB CV Ü Existing CB - proposed to remain CB New MV (owntown Mill Village istrict) M C 1 inch = 418 feet Existing CB - remain CB or change to M-1? New MV (esidential Mill Village) 16