PEMBROKE —The residents of Lowry Street and the Town of Pembroke have reached an agreement after a months-long litigation battle.

The Pembroke Town Council approved a resolution agreeing to add a fence along 403 Lowry Street and committing to $100,000 being used to improve the street.

The lawsuit was filed by Lowry Street residents with the assistance of Attorney Gary Lockear, who is also a resident of the area, following the Pembroke Town Council’s decision to allow the rezoning of a one-acre vacant lot on Lowery Street as well as three residential properties on West Third Street from R-20 Residential Districts to C-3 Highway Business Districts to make way for new development that will include the construction of a Slim Chickens and Dunkin Donuts.

The restaurants are to the west of a McDonald’s and the vacant lot is to the rear, where a residential neighborhood is located.

Residents did not mind the rezoning of the West Third Street properties but said the Lowery Street lot, which is to be used for parking and entry and exit purposes to the eateries, would further increase traffic on the narrow street.

Prior to the decision Attorney Gary Locklear warned councilmembers he and fellow Lowry Street residents would take legal action and they made good on their promise.

Pembroke Councilman Channing Jones said he thinks the agreement is a “great compromise” in ensuring the town’s commercial growth while also protecting its residents.

Tobacco shop denied

In other business, the town council denied a request for a Special Use Permit to operate a tobacco smoke shop at 101 E. Railroad St. in a Commercial C-3 District.

Prior to the vote, the applicant, Mohammed Alawodhi, told councilmembers that he owns a similar business and has not had any issues in the 11 years he’s been in business.

In a lengthy pre-written motion, Jones stated that while the property does meet “all required conditions and specifications,” it is not a “public necessity” and the location and the characteristics of the use will “not be in harmony with the area” due to its proximity to residential properties.

Stormwater Utility report

Also Monday, the Pembroke Town Council heard from Amy Black, of LJB Inc., the company tasked with giving an assessment on the potential development of a stormwater utility. The town was awarded a grant to fund the assessment.

In Black’s report, she concluded the company evaluated similar and surrounding municipalities and summarized their fee structure or collection method, evaluated existing stormwater staff and workload and reviewed a plan to provide additional stormwater maintenance that is needed for adequate operations and maintenance; developed a proposed staffing level to include the addition of one full-time person; evaluated various rate structures; and determined an Equivalent Residential Unit, ERU, of 3,200 square feet for Pembroke based on a representative sample of properties within the Town of Pembroke.

The assessment also included the calculation of the impervious area data for all non-SFR properties using GIS and aerial imagery and estimated the total number of ERUs in Pembroke in order to estimate projected revenue.

Future tasks will be to develop a Stormwater Management Plan to provide design guidance and requirements for development and redevelopment so new development within the town can reduce its impact on the existing stormwater system as well as an Operations and Maintenance Plan to provide guidance for the Town staff as they strive to keep the pipes, channels and infrastructure in optimal working condition.

The Pembroke council also:

— Approved a resolution accepting and adopting the results of a Water System Asset Inventory and Assessment.

— Set a public hearing date for the March 6 business meeting to consider a request to rezone three parcels of land on West Fourth Street from an R-10 Residential Business to a C-1 Commercial District for the purpose of developing a fast food restaurant. The applicant is Mount Oak Capital.

— Set a public hearing date for the March 6 business meeting to consider a parcel of land on 674 Jaycee Hut Road from an R-8 Residential District to an R-20 Residential District to allow for the addition of a mobile home. Bartemas Locklear is the applicant.

— Set a public hearing date for the March 6 business meeting to consider a request for a special use permit to allow the establishment of a “restaurant with non-food service-related entertainment as an accessory use” on 66 Union Chapel Road. The applicant is The Wing Company.

— Tabled a decision on whether or not to enter into a Robeson County E-911 Interlocal Agreement for the March 6 meeting.

Tomeka Sinclair is a staff writer for The Robesonian. She can be reached at [email protected] or 910-416-5865.