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HomeMy WebLinkAboutJanuary 10, 2023 Regular Session MeetingAGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 January 10, 2023 6:00pm CALL TO ORDER MAYOR GLENN MCFADDEN WELCOME MAYOR GLENN MCFADDEN PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN INVOCATION COMMISSIONER MARSHALL PAGE CONSIDERATION OF AGENDA PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or interest to the Commissioners. It is requested that citizens limit their presentations to three (3) minutes. CONSENT AGENDA All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately. Item #1 Approval of Work Session Minutes from December 12, 2022 Item #2 Approval of Regular Meeting Minutes from December 13, 2022 Item #3 Approval of FY22-23 Budget Amendment #4 PUBLIC HEARING Item #4 Consideration of a Development Agreement between the Town of Lillington and KDP Development, LLC. Joseph Jeffries, Town Manager Item #4A Consideration of Approval of Development Agreement between the Town of Lillington and KDP Development, LLC Joseph Jeffries, Town Manager Item #5 Consideration of a Development Agreement between the Town of Lillington and One Lock Storage of Lillington, LLC. Joseph Jeffries, Town Manager Town of Lillington | 2 Item #5A Consideration of Approval of Development Agreement between the Town of Lillington and One Lock Storage of Lillington, LLC Joseph Jeffries, Town Manager Item#6 Public Hearing on the Question of Annexation of the Noncontiguous Satellite Area PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000. Case Number ANX-23-05 (A&M Farms, Inc. & Ernest Long) Lindsey B. Lucas, Town Clerk/ Permitting Technician Item #6A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington (A&M Farms, Inc, & Ernest Long) Lindsey B. Lucas, Town Clerk/ Permitting Technician Item #7 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (A&M Farms, Inc. & Ernest Long) Landon Chandler, Planning Director Item #7A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (A&M Farms & Ernest Long) Landon Chandler, Planning Director Item #8 Public Hearing on the Question of Rezoning for 168.22 acres located on NC 210 S and Joel Johnson Road being PIN #: 0548-89-9755.000 (Wade Park) Landon Chandler, Planning Director Item #8A Consideration and Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance for property identified as PIN#:0548-89-9755.000 (Wade Park) Landon Chandler, Planning Director NON-AGENDA ITEMS Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled items that need consideration by the Board. ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: January 10, 2023 Staff Work By: Lindsey B. Lucas, Town Clerk/ Permitting Technician AGENDA ITEM Consent Agenda Items ITEM SUMMARY All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately: Item #1 Approval of Work Session Minutes from December 12, 2022 Item #2 Approval of Regular Meeting Minutes from December 13, 2022 Item #3 Approval of FY22-23 Budget Amendment #4 RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-3 Lillington Board of Commissioners December 12, 2022 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, December 12, 2022 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Rupert Langdon Commissioner Marshall Page Commissioner Neil McPhail Commissioner Danny Babb Commissioner Dianne Johnson Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey Lucas, Town Clerk Alicia Gregory, Administrative Services Director Landon Chandler, Planning Director Shane Cummings, Engineer William Baker, Parks & Recreation Director Chris Atkins, Fire Chief Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Discussion Regarding the New Board Representative for the Lillington Chamber of Commerce Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries explained to the Board that the Lillington Chamber of Commerce needed a new Board representative. Commissioner Langdon volunteered to serve as the new Board representative. Commissioner McPhail made a motion to approve Commissioner Langdon as the new Board representative for the Lillington Chamber of Commerce. Commissioner Babb seconded the motion that passed unanimously. Item #2 Discussion Regarding Downtown Concept Design Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries reviewed slides that he prepared for the Board that showed in great detail different options for the design of Downtown. A key component Mr. Jeffries did note in regards to the revitalization of Downtown would be the 10th street bypass. Discussions were continued. Item #3 Capital Projects Update Mayor Glenn McFadden recognized Alicia Gregory, Administrative Services Director. Ms. Gregory gave the following updates; Lillington Board of Commissioners December 12, 2022 Work Session Meeting Minutes SCIF Grants Soccer Complex/Multi-purpose Field Irrigation has been installed, electrical panel station, sod, and the fence. The location of the soccer/multi-purpose field is 311 East Duncan Street. The parking lot has been established. Staff will be closing out the SCIF grant with the State and will have all required documents submitted by the end of December. Downtown Facilities Stewart, Inc. is done with the schematic design for the Downtown Area proposed for revitalization. Staff is going to review the schematic design with the Board. Once there is consensus, staff will direct the consultants to move forward with construction drawings. The project is being funded through SCIF grants that the Town received. Stormwater Projects: The 2nd Street Project is coming to a close; paving is complete. CIPP liner will be completed Monday and Tuesday of this week. Following the installation of the liner the project will be fully complete. Resource Institute Stormwater Projects Staff was notified that the State allocated $3.5 million for Stormwater infrastructure improvements and stream restoration, to provide more efficient stormwater management and flood resiliency. Project components will include stormwater management, replacing undersized culverts, and stabilizing streambanks to improve flood resiliency. The project was RFQ August 3, 2022. The RFQ’s have been reviewed and McAdams was selected as the firm. Staff was hopeful to have the grantee agreement at the December meeting for approval, but the State has not gotten the grantee agreement to the Town as of now. North Carolina Emergency Management Transportation Infrastructure Resiliency Grant The Town was awarded a grant from the North Carolina Emergency Management Transportation Infrastructure Resiliency Program for $790,000. This grant will be used to replace the failing culverts under East Duncan Street, adjacent to the Lillington Recreation Park. Survey work is complete. McAdams is currently working on construction drawings. Once construction drawings are complete, bids will be solicited for construction. The project must be complete by December 31, 2023. Golden Leaf Staff was notified by Golden Leaf on June 7, 2022, that the Board of Directors of the Golden LEAF Foundation has approved funding for the project, “Town-wide Hydrologic + Hydraulic Analysis,” in the amount of $225,250. The project includes an overall assessment of the Town’s existing drainage system, including major areas of existing flooding concerns and frequent Lillington Board of Commissioners December 12, 2022 Work Session Meeting Minutes drainage problem areas/hot spots. Includes an approximate 4 square mile area of analysis, including the eastern side of Town (Poorhouse Creek and systems draining southward to the Cape Fear River) and the primary downtown grid system. The project kickoff meeting was August 2, 2022. Staff discussed priority areas and the scope of work with the selected engineering firm McAdams. McAdams has collected almost all of current data and field data. They started mapping the Town’s assets, as seen below. They are currently in the modeling stage of the project. This project will take approximately a year to complete in its entirety. PARTF River Park Phase II The kayak launch has been installed at the River Park. Staff will begin solicitation for the asphalt portion of the project within the next 45 days. Staff is continuing to work through designing the pedestrian access across the creeks. Neil and Cindy McPhail Park The Neil and Cindy McPhail Park is progressing. Paving and landscaping will be completed this week. Staff is hopeful that Duke will have power to the bathroom facilities this week. The last thing to be installed, will be the parking bumpers, striping, and finishing up the sidewalk. Item #4 Administrative Reports Monthly Public Works Activities Report – A sewer emergency was going on during this time and Mr. Wimberly was unable to be present his report. Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures, and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill Fund for the month of November. Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries updated the Board on current and ongoing projects. Item #5 Discussion of Regular Meeting Agenda for December 13, 2022 Mayor Glenn McFadden reviewed the Agenda for the December 13, 2022, Regular Meeting. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner McPhail and a second by Commissioner Langdon. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners December 13, 2022 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, December 13, 2022 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Rupert Langdon Commissioner Marshall Page Commissioner Dianne Johnson Commissioner Neil McPhail Board Members Absent: Commissioner Danny Babb Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Alicia Gregory, Administrative Services Director Lindsey Lucas, Town Clerk/ Permitting Technician Tony Buzzard, Town Attorney Landon Chandler, Planning Director William Baker, Parks and Recreation Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed those in attendance at 6:00 pm. Invocation: Commissioner Page held the invocation. Agenda Consideration: Mayor Glenn McFadden presented the agenda for consideration by the Town Board. Commissioner Page moved to approve the agenda as presented. The motion was seconded by Commissioner Johnson and approved unanimously. (Minute Book Notation: Agenda is on file at Lillington Town Hall). Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner McPhail and the following consent agenda items were approved unanimously: Item #1 Special Meeting Minutes from November 7, 2022 Minutes were approved. Item #2 Work Session Minutes from November 14, 2022 Minutes were approved. Item #3 Closed Session Minutes from November 14, 2022 Minutes were approved. Item#4 Regular Session Meeting Minutes from November 15, 2022 Minutes were approved Item #5 Special Meeting Minutes from December 5, 2022 Minutes were approved Lillington Board of Commissioners December 13, 2022 Item #6 Resolution to Adopt the 2023 Meeting Schedule of the Lillington Board of Commissioners Approved Item #7 Approval of Resolution of the Town of Lillington Board of Commissioners Authorizing the Conveyance of Real Property By Private Sale Approved Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the Town Board. There was no one signed up for public comment. SPECIAL PRESENTATION Item #8 Campbell University Students Present on Community Engagements in Lillington Mayor Glenn McFadden recognized Dr. Justin Nelson, Professor at Campbell University. Dr. Nelson introduced his students who gave a very informative presentation on community engagement projects they had participated in and completed in Lillington. NEW BUSINESS Item #9 Consideration of Resolution Directing the Town Clerk to Investigate a Noncontiguous Satellite Annexation Petition Received Under General Statue §160A-58.1 from A and M Farms & Ernest Long Mayor McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated for your Consideration is a Resolution Directing the Town Clerk to Investigate a Non-Contiguous Satellite Annexation Petition Received Under General Statute §160A-58.1 from A and M Farms, Inc. and Ernest Long. The Annexation Petition was received on December 1, 2022. The non- contiguous annexation of 203.39 acres of the property identified as PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000 located on Johnson Farm Road situated in the County of Harnett A motion was made by Commissioner Langdon to approve the Resolution Directing the Town Clerk to Investigate a Non-Contiguous Satellite Annexation Petition Received Under General Statute §160A-58.1 from A and M Farms, Inc. and Ernest Long. The motion was seconded by Commissioner Page and approved unanimously. For the Record: The Town Clerk does hereby certify an investigation has been completed of the petition for the non-contiguous annexation of 203.39 acres of the property identified as PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000 located on Johnson Farm Road situated in the County of Harnett. The petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described therein, in accordance with G.S. §160A- 58.1 Lillington Board of Commissioners December 13, 2022 Item #10 Consideration of Resolution Fixing Date of Public Hearing for January 10, 2023, on Question of Annexation, Pursuant to G.S. §160A-58.1 as Requested by A and M Farms & Ernest Long for Portions of Property Identified as PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000. A Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A-58.1 as Requested by A&M Farms, Inc. and Ernest Long for Property Identified as PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000 on January 10, 2023 at 6:00 pm. A motion was made by Commissioner Page to approve the Resolution Fixing Date of Public Hearing for January 10, 2023 at 6 pm, on Question of Annexation, Pursuant to G.S. §160A-58.1 as Requested by A&M Farms Inc. and Ernest Long for Property Identified as PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000. The motion was seconded by Commissioner McPhail and approved unanimously. Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. Board members thanked Town staff for the work they put in to keep the Town running. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Johnson and a second by Commissioner McPhail. Attest: ____________________________ ____________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org ORDINANCE FY2023-22 BUDGET ORDINANCE AMENDMENT FISCAL YEAR 2022-2023 #4 BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the following amendment is made to the budget ordinance for the period ending June 30, 2023: Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and expenditures are to be changed as follows: Account Number Description Increase Decrease 10-00-367-0600 False Alarm $ 2,250 10-10-530-7400 Capital Outlay $ 3,250 10-10-530-1700 Maint & Rep-Vehicle $ 1,000 10-10-530-5700 Miscellaneous $ 9,000 10-10-530-0300 Salaries-PT $ 40,000 10-10-530-0200 Salaries & Wages $ 49,000 To budget funds for Fire Department salaries and move funds for Capital Outlay increases. Section 2. Copies of this budget amendment shall be furnished to the Governing Body, Budget Officer, Clerk and the Finance Director for their direction Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org Adopted this 10th day of January, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: January 10, 2023 Staff Work By: Joseph Jeffries, Town Manager AGENDA ITEM Consideration of a Development Agreement between the Town of Lillington and KDP Development, LLC. ITEM SUMMARY Attached for your review and consideration is a Development Agreement between the Town of Lillington and KDP Development, LLC. § 160D-1001. Authorization.(a)The General Assembly finds the following:(1)Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources. (2)Such developments often create community impacts and opportunities that aredifficult to accommodate within traditional zoning processes.(3)Because of their scale and duration, such projects often require carefulcoordination of public capital facilities planning, financing, and construction schedules and phasing of the private development. (4)Such projects involve substantial commitments of private capital, whichdevelopers are usually unwilling to risk without sufficient assurances thatdevelopment standards will remain stable through the extended period of thedevelopment. (5)Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards,while still managing impacts on the surrounding areas.(6)To better structure and manage development approvals for such developmentsand ensure their proper integration into local capital facilities programs, local governments need flexibility to negotiate such developments. (b)Local governments may enter into development agreements with developers, subjectto the procedures of this Article. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. AGENDA ITEM #4-4A (c) This Article is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the local government's development regulations. When the governing board approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this Article, the provisions of G.S. 160D-605(a) apply. (d) Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1002. Definitions. The following definitions apply in this Article: (1) Development. - The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item. (2) Public facilities. - Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1003. Approval of governing board required. (a) A local government may establish procedures and requirements, as provided in this Article, to consider and enter into development agreements with developers. A development agreement must be approved by the governing board of a local government following the procedures specified in G.S. 160D-1005. (b) The development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by the local government. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1004. Size and duration. A local government may enter into a development agreement with a developer for the development of property as provided in this Article for developable property of any size. Development agreements shall be of a reasonable term specified in the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1005. Hearing. Before entering into a development agreement, a local government shall conduct a legislative hearing on the proposed agreement. The notice provisions of G.S. 160D-602 applicable to zoning map amendments shall be followed for this hearing. The notice for the hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 25, 51(a), (b), (d).) § 160D-1006. Content and modification. (a) A development agreement shall, at a minimum, include all of the following: (1) A description of the property subject to the agreement and the names of its legal and equitable property owners. (2) The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period. (3) The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design. (4) A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development, such as meeting defined completion percentages or other performance standards. (5) A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property. (6) A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare. (7) A description, where appropriate, of any provisions for the preservation and restoration of historic structures. (b) A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required by ordinance or in the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date does not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160D-1008 but must be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement. (c) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement. (d) The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this Chapter. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the local government shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law. (e) Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by ordinance adopted pursuant to G.S. 160D-1003 or as provided for in the development agreement. (f) Any performance guarantees under the development agreement shall comply with G.S. 160D-804.1. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 26, 51(a), (b), (d).) § 160D-1007. Vesting. (a) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. (b) Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement. (c) In the event State or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the development agreement. (d) This section does not abrogate any vested rights otherwise preserved by law. (2019- 111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 27, 51(a), (b), (d).) § 160D-1008. Breach and cure. (a) Procedures established pursuant to G.S. 160D-1003 may include a provision requiring periodic review by the zoning administrator or other appropriate officer of the local government, at which time the developer shall demonstrate good-faith compliance with the terms of the development agreement. (b) If the local government finds and determines that the developer has committed a material breach of the agreement, the local government shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination and providing the developer a reasonable time in which to cure the material breach. (c) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement, provided the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 160D-405. (d) An ordinance adopted pursuant to G.S. 160D-1003 or the development agreement may specify other penalties for breach in lieu of termination, including, but not limited to, penalties allowed for violation of a development regulation. Nothing in this Article shall be construed to abrogate or impair the power of the local government to enforce applicable law. (e) A development agreement shall be enforceable by any party to the agreement notwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1009. Amendment or termination. Subject to the provisions of G.S. 160D-1006(e), a development agreement may be amended or terminated by mutual consent of the parties. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1010. Change of jurisdiction. (a) Except as otherwise provided by this Article, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction. (b) A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement or the residents of the local government, or both, in a condition dangerous to their health or safety, or both. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1011. Recordation. The developer shall record the agreement with the register of deeds in the county where the property is located within 14 days after the local government and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1012. Applicability of procedures to approve debt. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government, with any applicable constitutional and statutory procedures for the approval of this debt. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) RECOMMENDED ACTION Approve Development Agreement between the Town of Lillington and KDP Development, LLC. 1 NORTH CAROLINA HARNETT COUNTY AGREEMENT THIS CONTRACT AND REIMBURSEMENT AGREEMENT is made and entered into this ____________day of _________________, 20_______ by and between KDP (hereinafter collectively referred to sometimes as "KDP" or “Contractor”) and the TOWN OF LILLINGTON, a body politic organized and existing under the laws of the State of North Carolina (hereinafter sometimes referred to as "Town" or “Client”) WITNESSETH WHEREAS, Town operates and manages wastewater collection systems located within its boundaries and has established a Department of Public Works for the purpose of operating and managing the facilities and systems; and WHEREAS, Town operates and manages pedestrian trails adjacent to roadways, and has established a Department of Public Works for the purpose of operating and managing the facilities and systems; and WHEREAS, KDP is the owner of a certain residential real estate development located in the Town of Lillington and known as ___________ being a portion of the land acquired by KDP by deed recorded in Deed Book _____at Pages ______, Harnett County Registry (hereinafter sometimes referred to as the "Development"); and WHEREAS, the parties recognize that the wastewater collection is an important issue concerning long term environmental soundness; and WHEREAS, the parties recognize that the pedestrian trails are an important improvement concerning the Town of Lillington Bicycle and Pedestrian Master Plan; and WHEREAS, in order that the wastewater collection system of the Town be available to said Development in the future, KDP has requested that it be permitted to make certain improvements and connections to the wastewater collection system of the Town for the purpose of installing and extending the wastewater collection system to serve said Development; and WHEREAS, the Town is in present need of the construction of certain wastewater collection lines and appurtenant items necessary for the Town wastewater collection system and the Town desires for said construction to be completed by KDP; WHEREAS, the Town is in present need of the construction of certain pedestrian trails the Town of Lillington Bicycle and Pedestrian Master Plan and the Town desires for said construction to be completed by KDP; WHEREAS, the parties affirm that it is necessary that permits be obtained in order that 2 the subject construction be completed and KDP has obtained the necessary permits from NCDEQ to effectuate said improvements required by Town; and WHEREAS, in order to meet the requirements of Town, KDP must install approximately 2,632+/- linear feet of 12-inch pipeline and all related appurtenances accordance with the engineering plans, profiles and specifications prepared by Enoch Engineers dated September 13th 2022 (or latest revision). located specifically from the Town of Lillington manhole number 21 to Nathan's Ridge manhole number 1 through manhole number 13 (hereinafter referred to as the ."Nathan Ridge Sewer Main") (herein after referred to as the “pedestrian trail”). KDP must install the tie-in manhole to service the future development located at Matthews Road in accordance with the engineering plans, profiles and specifications prepared by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision) (herein after referred to as "Manhole #21"); and WHEREAS, in order to meet the requirements of Town, KDP must install the tie-in manhole to service the future development located at Matthews Road in accordance with the engineering plans, profiles and specifications prepared by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision) (herein after referred to as "Manhole #21"); and WHEREAS, in order to meet the requirements of Town, KDP must install a pedestrian trail along the southern and western property lines along Tripp Road and Matthews Road in accordance with the engineering plans, profiles and specifications prepared by Enoch Engineers dated September 13th 2022 (or latest revision) located specifically along Tripp Road and Matthews Road along said property (herein after referred to as the “Pedestrian Trail”); and WHEREAS, the Nathan’s Ridge Sewer Main specified to KDP by Town for the Town of Lillington wastewater collection system is greater in capacity, depth, length, and materials than would be required to serve the Development, necessitating greater costs and expense to construct and install than would have been incurred by KDP; and WHEREAS, KDP is willing to construct the Nathan’s Ridge Sewer Main and Manhole #21 and the necessary related appurtenances in accordance with all Federal, State and County rules and regulations and in accordance with Town Specifications and Details, also known as “Town of Lillington – Details Sanitary Sewer Specifications January 2022”, and to comply with all regulations and ordinances adopted or made by Town as to the control, maintenance, and protection of all lines and systems installed pursuant to this agreement; and WHEREAS, KDP is willing to construct the Pedestrian Trail in accordance with all Federal, State and County rules and regulations and in accordance with engineering plans, profiles and specifications prepared by Enoch Engineers dated September 13th 2022 (or latest revision) and to comply with all regulations and ordinances adopted or made by Town as to the control, maintenance, and protection of all trails installed pursuant to this agreement; and WHEREAS, KDP desires to convey to Town and Town agrees to reimburse KDP for the increased costs associated with the construction and installation of the Nathan’s Ridge Sewer Main and Manhole #21 as shown upon those engineering plans, profiles and specifications prepared by Enoch Engineers dated September 13th 2022 (or latest revision) as shown upon 3 those engineering plans., profiles, and specifications by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision); and WHEREAS, KDP desires to convey to Town, and Town agrees to reimburse KDP for the increased costs associated with the construction and installation of, the Manhole 21 as shown upon those engineering plans, profiles, and specifications by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision); and WHEREAS, KDP desires to convey to Town, and Town agrees to reimburse KDP for the increased costs associated with the construction and installation of, the Pedestrian Trail as shown upon those engineering plans, profiles and specifications prepared by Enoch Engineers dated September 13th 2022 (or latest revision); and WHEREAS, the Town desires for KDP to have a licensed utility contractor construct and install the Nathan’s Ridge Sewer Main and Manhole #21 for future connection to the Town Wastewater Collection System. This connection will occur once the Town has expanded its existing wastewater collection system to serve the area; and WHEREAS, KDP desires to provide by easement to the Town the real property and access thereto necessary in order to support the connection, operation and maintenance of the Nathan’s Ridge Sewer Main and other wastewater infrastructure in Development as a portion of the Town Wastewater Collection System and to accomplish the purposes and intents of this Agreement; and WHEREAS, KDP desires to provide by easement to the Town the real property and access thereto necessary in order to support the connection, operation and maintenance of the pedestrian trail in the Development as a portion of the Town of Lillington Bicycle and Pedestrian Master Plan and to accomplish the purposes and intents of this Agreement; and WHEREAS, the Town desires to reimburse and pay KDP upon the terms as set forth below; Nathans Ridge Sewer I. KDP shall have a licensed utility contractor to construct and install the approximately 2632+/- linear feet of 12-inch pipeline and all related appurtenances ("Nathan’s Ridge Sewer Main") in accordance with the engineering plans, profiles and specifications prepared by Enoch Engineers dated September 13th 2022 (or latest revision). 2. KDP shall cause the Nathan’s Ridge Sewer Main to be constructed in accordance with the specifications of the Town known as "Town of Lillington – Details Sanitary Sewer Specifications January 2022" in effect at the time of construction and installation as provided through the Town of Lillington and in accordance with all then applicable State and Federal regulations. 3. The Nathan’s Ridge Sewer Main, and any manholes or any other 4 appurtenances necessary in connection therewith, shall be installed in a good and workmanlike manner by a utility contractor hired by KDP, who is licensed by the State of North Carolina to make such installations. All installations shall be made in accordance with the engineering plans, profiles and specifications for the proposed installation prepared by Enoch Engineers dated September 13th 2022 (or latest revision), filed with and approved by the County, copies of which have been so endorsed as to such approval for KDP's use. in accordance with the engineering plans, profiles and specifications prepared by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision). 4. The installation of the Nathan’s Ridge Sewer Main, shall be subject to the inspection and supervision of Town during construction, and the connection thereof to Town system shall not be permanently made or maintained until the same shall have been tested under the supervision of Town and the written approval and final acceptance of such installation has been given by the Town. After such approval and final acceptance, subject infrastructure shall become the sole and exclusive property of Town, and Town shall thereafter repair and maintain the same, except for defects in workmanship or as a result of noncompliance with the plans and specifications hereof and appearing as follows: within one year for the entire Nathan’s Ridge Sewer Main and related necessary appurtenant items. Any defects in workmanship or as a result of noncompliance with the plans and specifications thereof shall be the responsibility of and repaired and/or remediated at the sole expense of KDP as described above. 5. KDP warrants that upon completion of the construction and installation of the Nathan’s Ridge Sewer Main the same shall be free and clear of all claims or encumbrances of any person whatsoever. 6. Upon completion and final acceptance thereof by Town of the Nathan’s Ridge Sewer Main, the pipeline, manholes or any other appurtenances used in connection with said wastewater collection system shall thereupon and thereafter be the entire and sole property of Town and under the sole and exclusive control of Town. Neither KDP nor any other person shall be entitled to any service lines installed by KDP except upon permission of Town and the payment for any other wastewater service connection charges as required by any ordinances or regulations of Town. 7. KDP shall convey all necessary easements to the Town upon all land where there are water lines and/or appurtenant items constituting a part of the Nathan’s Ridge Sewer Main. However, KDP shall retain an interest in said land sufficient to construct and maintain bridges, paths, trails and other items necessary at the discretion of KDP for recreational activities, to include, but not limited to, walking, running and/or biking trails and nature observation. It is agreed that all items constructed or erected by KDP must be readily removed such that said items shall not interfere with the operation and maintenance of the wastewater collection systems infrastructure located upon land in the Development. Upon notice by the Town, KDP, 5 its successors and assigns shall cause any item that causes interference to be removed or altered in such a manner as to not cause interference. 8. The Town agrees to accept the Nathan’s Ridge Sewer Main and easements described above no later than the completion of the Nathan’s Ridge Sewer Main. KDP shall include as a part of its development covenants and restrictions the easements granted to Town for the operation and maintenance of the Nathan’s Ridge Sewer Main and wastewater infrastructure located within the Development. Town may take any action reasonably necessary to operate and maintain the Nathan’s Ridge Sewer Main and waste water infrastructure located within the Development for maintenance and repair of the Nathan’s Ridge Sewer Main and waste water infrastructure dedicated to the Town per this Contract and Agreement and pursuant to County ordinances, rules and regulations. 9 The County shall pay to KDP the amount of $92,773.86 to install and complete the construction of the Nathan’s Ridge Sewer Main. KDP shall submit to the Town documentation of the costs and expenses incurred by KDP in connection with the construction and installation of the Nathan’s Ridge Sewer Main on a monthly basis and in the form of an invoice. All costs and expenses submitted by VL for payment shall be certified by Enoch Engineers. The Town will pay the increased costs and expenses associated with the Nathan’s Ridge Sewer Main utilizing a 12" pipe size as opposed to the Development's need of only an 8" pipe size in the amount of $92,773.86. It is agreed that a 12" pipe is necessary solely due to the Town’s need to support other properties within the Town with the Town Wastewater Collection System. The above described difference in costs and expenses has been determined by KDP and the licensed utility contractor and certified by Peter Norfleet Temple, P.E. The subject cost difference of the installation and construction of the Nathan’s Ridge Sewer Main has been agreed upon by all parties based upon cost estimates received for the project. Such costs and expenses include materials, labor, fees and charges of contractors, permits required for regulatory compliance, real property easements and other expenses or costs reasonably incurred in connection with construction and/or installation of the Nathan’s Ridge Sewer Main. All invoices submitted to the Town shall be paid subject to approval of the Town and within thirty (30) days of receipt. Manhole #21 1. KDP shall have a licensed utility contractor to construct and install Manhole #21 and all related appurtenances in in accordance with the engineering plans, profiles and specifications prepared by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision). 2. KDP shall cause the Manhole #21 to be constructed in accordance with the specifications of the Town known as " Town of Lillington – Details Sanitary Sewer Specifications January 2022" in effect at the time of construction and installation as provided through the Town of Lillington and in accordance with all then applicable 6 State and Federal regulations. 3. Manhole #21 or any other appurtenances necessary in construction therewith, shall be installed in a good and workmanlike manner by a utility contractor hired by KDP, who is licensed by the State of North Carolina to make such installations. All installations shall be made in accordance with the engineering plans, profiles and specifications for the proposed installation prepared by Enoch Engineers dated September 13th 2022 (or latest revision), filed with and approved by the County, copies of which have been so endorsed as to such approval for KDP's use. in accordance with the engineering plans, profiles and specifications prepared by Hiram Marziano, PE Consulting Engineer dated September 2022 (or latest revision) . 4. The installation of Manhole #21, shall be subject to the inspection and supervision of Town during construction, and the connection thereof to Town system shall not be permanently made or maintained until the same shall have been tested under the supervision of Town and the written approval and final acceptance of such installation has been given by the Town. After such approval and final acceptance, subject infrastructure shall become the sole and exclusive property of Town, and Town shall thereafter repair and maintain the same, except for defects in workmanship or as a result of noncompliance with the plans and specifications hereof and appearing as follows: within one year for the Manhole #21 and related necessary appurtenant items. Any defects in workmanship or as a result of noncompliance with the plans and specifications thereof shall be the responsibility of and repaired and/or remediated at the sole expense of KDP as described above. 5. KDP warrants that upon completion of the construction and installation of the Manhole #21 the same shall be free and clear of all claims or encumbrances of any person whatsoever. 6. Upon completion and final acceptance thereof by Town of the Manhole #21 shall there upon and thereafter be the entire and sole property of Town and under the sole and exclusive control of Town. 7. The County shall pay to KDP the amount of $28,137.91 to install and complete the construction of the Manhole #21. KDP shall submit to the Town documentation of the costs and expenses incurred by KDP in connection with the construction and installation of the Manhole #21 in the form of an invoice. All costs and expenses submitted by KDP for payment shall be certified by Enoch Engineers. The Town will pay the increased costs and expenses associated with the Manhole #21 including Manhole #21 in the construction of the development. The above described difference in costs and expenses has been determined by KDP and the licensed utility contractor and certified by Peter Norfleet Temple, P.E. The subject cost difference of the installation and construction of the Manhole #21 has been agreed upon by all parties based upon cost estimates received for the project. Such costs and expenses include materials, labor, fees and charges of contractors, permits required for regulatory compliance, real property easements and other expenses or costs reasonably incurred in connection with construction and/or installation of the Manhole #21. All invoices submitted to the Town shall be paid subject to approval of the Town and within thirty (30) days of receipt. Pedestrian Trail 1. KDP shall have a licensed contractor to construct and install the Pedestrian Trail and all related appurtenances ("Pedestrian Trail and in accordance with the engineering plans, profiles and specifications prepared by Enoch Engineers dated 7 September 13th 2022 (or latest revision) located specifically along Tripp Road and Matthews Road along said property (herein after referred to as the “Pedestrian Trail”). 2. KDP shall cause the Pedestrian Trail to be in accordance with the engineering plans, profiles and specifications for the proposed installation prepared by Enoch Engineers dated September 13th 2022 (or latest revision) located specifically along Tripp Road and Matthews Road along said property (herein after referred to as the “Pedestrian Trail”) and in accordance with all then applicable State and Federal regulations. 3. The Pedestrian Trail shall be installed in a good and workmanlike manner by a utility contractor hired by KDP, who is licensed by the State of North Carolina to make such installations. All installations shall be made in accordance with the engineering plans, profiles and specifications for the proposed installation prepared by Enoch Engineers dated September 13th 2022 (or latest revision) located specifically along Tripp Road and Matthews Road along said property (herein after referred to as the “Pedestrian Trail”) 4. The installation of the Pedestrian Trail, shall be subject to the inspection and supervision of Town during construction, and the connection thereof to Town system shall not be permanently made or maintained until the same shall have been tested under the supervision of Town and the written approval and final acceptance of such installation has been given by the Town. After such approval and final acceptance, subject infrastructure shall become the sole and exclusive property of Town, and Town shall thereafter repair and maintain the same, except for defects in workmanship or as a result of noncompliance with the plans and specifications hereof and appearing as follows: within one year for the entire Pedestrian Trail and related necessary appurtenant items. Any defects in workmanship or as a result of noncompliance with the plans and specifications thereof shall be the responsibility of and repaired and/or remediated at the sole expense of KDP as described above. 5. KDP warrants that upon completion of the construction and installation of the Pedestrian Trail the same shall be free and clear of all claims or encumbrances of any person whatsoever. 6. Upon completion and final acceptance thereof by Town of the Pedestrian Trail shall thereupon and thereafter be the entire and sole property of Town and under the sole and exclusive control of Town. 7. KDP shall convey all necessary easements to the Town upon all land where there are appurtenant items constituting a part of the Pedestrian Trail. It is agreed that all items constructed or erected by KDP must be readily removed such that said items shall not interfere with the operation and maintenance of the Pedestrian Trail located upon land in the Development. Upon notice by the Town, KDP, its successors and assigns shall cause any item that causes interference to be removed or altered in such a manner as to not cause interference. 8. The Town agrees to accept the Pedestrian Trail and easements described above no 8 later than the completion of the Pedestrian Trail. KDP shall include as a part of its development covenants and restrictions the easements granted to Town for the operation and maintenance of the Pedestrian Trail located within the Development. Town may take any action reasonably necessary to operate and maintain the Pedestrian Trail located within the Development for maintenance and repair of the Pedestrian Trail dedicated to the Town per this Contract and Agreement and pursuant to County ordinances, rules and regulations. 9. The Town shall pay to KDP the amount of $24,144.75 to install and complete the construction of the Pedestrian Trail. KDP shall submit to the Town documentation of the costs and expenses incurred by KDP in connection with the construction and installation of the Pedestrian Trail The subject cost difference of the installation and construction of the Pedestrian Trail has been agreed upon by all parties based upon cost estimates received for the project. Such costs and expenses include materials, labor, fees and charges of contractors, permits required for regulatory compliance, real property easements and other expenses or costs reasonably incurred in connection with construction and/or installation of the Pedestrian Trail. All invoices submitted to the Town shall be paid subject to approval of the Town and within thirty (30) days of receipt. Conditions of Agreement 1. KDP shall indemnify and hold harmless Town from any and all loss, cost, damages, expense and liability (including attorney's fees), excepting acts of negligence of the Town or its agents, caused by accident or other occurrence resulting in bodily injury or property damage to any person or property arising from the installation of such utilities by or the contractor of KDP. KDP or the contractor of KDP shall maintain the following insurance coverages during the construction of the utilities: a. Worker's compensation coverage; b. General Liability Insurance with a contractual coverage endorsement with a contractual coverage endorsement with a single limit of liability of $1,000,000.00 bodily injury and property damage not less than $1,000,000.00 per occurrence; c. Automobile Liability Insurance with limits of liability of not less than $1,000,000.00 per occurrence for bodily injury and $1,000,000.00 per occurrence for property damage. 2. This agreement may be freely assigned but shall require notice to both parties. In the event that KDP transfers or assigns its interest, whether the result of legal process or otherwise, this Contract and Reimbursement Agreement shall be binding on all Grantors, Grantees, heirs, assigns, and successor(s) in interest. It is further understood and agreed that the terms hereof are binding on the parties hereto and their successors, assigns, and legal representatives. 3. This agreement is subject to such rules, regulations or laws as may be applicable to such or similar agreements in this State and the parties agree to collaborate when necessary to obtain such permits, certifications, or the like as may be required to 9 comply therewith. 4. The provisions of this Contract and Reimbursement Contract may be modified or altered by mutual agreement in writing, provided, however, that when applicable, prior to such modification or alteration, approvals therefore will be obtained from the appropriate federal, state and local agencies. 5. This agreement embodies the entire agreement between the parties and there are no oral or parole agreements, representations, or inducements existing between the parties relating thereto not expressly set forth herein and covered hereby. 6. This Contract and Reimbursement Agreement shall be governed and interpreted with the laws of the State of North Carolina. 7. Any claim, dispute or other matter in question arising out of or related to this Agreement shall be subject to mediation as a condition precedent to the institution of legal or equitable proceedings by either party. The parties agree that the mediation will be conducted and governed by the North Carolina Rules Implementing Statewide Mediated Settlement Conferences in Superior Court Civil Actions, and N.G.G.S. Sect. 7A-38.l(c) except as specifically provided otherwise herein. The parties shall share the mediator's fee and any filing fees equally. The mediation shall be held in Hamett County, unless another location is mutually agreed upon. Agreements reached in mediation shall be enforceable as settlement agreements in any court having jurisdiction thereof. 8. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against Town. 9. In the event any provision of this Agreement is adjudged to be not enforceable or found invalid, such provision shall be stricken and the remaining provisions shall be valid and enforceable. 10. The parties hereto shall not be liable for any failure to perform hereunder as a result of an external event or events beyond their respective control, including, without limitation, acts of the United States of America, acts of the State of North Carolina (including the denial of permits from federal, state and/or local governments), embargos, fire, flood, drought, hurricanes, tornadoes, explosions, acts of God or public enemy, strikes, labor disputes, vandalism or civil riots. However, if any such event interferes with the performance by a party hereunder, such party shall diligently and in good faith act to the extent within its power to remedy the circumstances affecting its performance or to complete performance in as timely a manner as is reasonably possible. 11. All notices or other communications which shall be made pursuant hereto shall be in writing and shall be deemed to be given and received (a) when hand delivered to the address stated below, (b) three (3) days after being mailed to the address stated below, postage prepaid by certified or registered mail of the United States, return receipt requested to the address set forth below: a. ADDRES FOR TOWN b. ADDRESS FOR KDP 10 12. MISCELLANEOUS a. Adequate Consideration. Both parties hereby agree and stipulate that this contract is supported by fair and adequate consideration. b. Liability Insurance. Contractor shall maintain professional liability insurance in an amount satisfactory to Client as noted above and provide proof of same upon request. c. Independent Contractor. Contractor shall perform this Agreement as an independent Contractor and shall have and maintain complete control over its employees, agents and operations. Accordingly, Contractor shall be responsible for payment of all Federal, State and Local taxes. Contractor and its agents and employees shall not represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the Client. d. Worker’s Compensation Insurance. If required under State or Federal law, Contractor shall provide and maintain worker’s compensation insurance covering the work outlined herein and provide satisfactory proof of same to Client prior to commencement of any work. e. Drafting of Document and Reliance by Parties. In negotiation, discussion and drafting of this contract, the parties have been advised to seek legal counsel for representation to the extent they desire and have been given the opportunity to do so. The parties warrant, represent and agree that they are not relying on the advice of any other party to this contract as to the legal or other consequences arising out of the negotiation and execution of this contract other than legal counsel to the extent they have chosen to consult legal counsel. The parties warrant and agree that this contract was not induced by fraud, coercion, compulsion or mistake. This contract shall be deemed to have been drafted by both parties and for purposes of interpretation no presumptions shall be made to the contrary. f. Reading and Signing. The parties hereby further warrant that they have completely read all the terms hereof; that they are competent to sign this contract; that they fully understand the terms of this contract; and that they voluntarily accept the terms of this contract. g. Entire Agreement. The parties hereto warrant and agree that this contract contains the entire agreement between the parties and that the terms of this contract are contractual and not a mere recital. h. Governing Law and Consent to Jurisdiction and Venue. The parties warrant and agree that this Agreement has been executed in the State of North Carolina and shall be subject to, and construed in accordance with, the laws of the State of North Carolina. Any and all actions relating in any way to this contract shall be brought in the General Courts of Justice in the County of Harnett, State of North Carolina in the District Court Division. i. Savings Clause. To the extent any provision herein shall be deemed unenforceable, either as a matter of law or any other reason, such provision shall be modified to reflect the intent of the parties. If such a provision cannot be modified to reflect the intent of the parties, the remainder of the agreement shall remain in full force and effect as long as the purpose and intent of the agreement can still be carried out by the remaining enforceable terms. In the event that there are unenforceable provisions which prevent the effect, intent and purpose of the agreement from being carried out, which cannot be modified to keep such purpose and intent, then the parties 11 hereby agree that they shall take whatever action necessary to effectuate the purpose of this agreement. In the event the parties cannot come to an agreement as to the alternative methods for effecting the purpose and intent of this agreement, the parties hereby expressly consent to binding arbitration by a single arbitrator to be selected by the Harnett County Resident Superior Court Judge. Said arbitrator shall, following an opportunity to be heard by each party, provide for an enforceable plan to affect the purposes and intents of this agreement, including directing the parties to draft documents, file actions or take any actions necessary to affect his directive. The Arbitrator’s directive shall be enforceable by Order of the court and to the extent the parties do not follow such directive, said parties shall be subject to the power of contempt by the court for not abiding by the terms of this agreement. Fees for the services of the Arbitrator, if such becomes necessary, shall be borne by equally between the parties. Despite this paragraph, if a party hereto believes it has the right to bring a court proceeding or file an action with the court that relates in any way to the matters in controversy addressed by this Agreement, said proceeding shall be filed in Harnett County District Court and all parties hereby consent and agree to said jurisdiction and venue. j. Dispute Resolution. Without waiving the foregoing resolution process discussed in the Savings clause paragraph above, if a party hereto believes it has the right to bring a court proceeding or file an action with the court that relates in any way to the matters in controversy addressed by this contract, said proceeding shall be filed and heard in Harnett County District Court and all parties hereby consent and agree to said exclusive jurisdiction and venue. k. Indemnification/Hold Harmless. To the fullest extent allowable under North Carolina law, Contractor hereby agrees to indemnify, hold harmless and defend Client from any and all actions which may arise as a result of any damages or claims for damages against Contractor or Client by any person or entity, including other parties hereto, arising from this contract or performance of the services as called for herein. l. Awareness of Hazards. Contractor represents that it understands the currently known hazards to persons, property and the environment resulting from the services called for in this contract. Contractor further represents that it will perform all services under this Agreement in a safe, efficient and lawful manner, using industry-accepted practices and methods. m. Waiver Only for Specific Occurrence. Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach of the same provision or condition. n. Waiver of Less Than Strict Performance. Failure to require strict performance of any of the provisions hereof shall not be considered a waiver of future right to demand strict performance with the provisions of this Agreement. o. No Third Party Beneficiaries. Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor of a third party against either Party. 12 p.Guarantee. It is understood by all parties that the Client has full controlover the manner of performance of the services called for in the contract. Contractor represents that it is familiar with this type of work and hereby provides a guarantee that, absent unforeseen circumstances, the serviceswill be performed to reasonably accepted standards within their profession.q.Termination. It is understood that Client shall have the right to terminatethis agreement at any time and for any reason. Contractor shall cease work upon receipt of said notice. Contractor shall be entitled to reasonable compensation for expenses and work to date in the event such notice isgiven.r.Collection Costs and Reasonable Attorney Fees. In the event either partyis caused to engage the services of an attorney to enforce the terms of this Agreement, the prevailing party shall be entitled to recover the costs of such enforcement including, but not limited to, reasonable attorney’s fees,court costs and other fees and costs reasonably incurred.s.Completion Date. It is hereby agreed that time is of the essence in regardto the completion dates set out herein and in any other agreed upon written parts hereto, entered herewith or subsequently. Extensions shall be approved in writing by the Town Board. Absent an extension as hereinprovided, lack of satisfactory completion by said date constitutes a breachof this contract which shall make this agreement null and void and shallvoid any responsibility of Client to pay any sum. It is expressly agreed that non-payment for the reason in this paragraph shall not affect the Client’s ability to pursue any and all other damages in the event damages areincurred by Client or to seek return of any sums advanced. (DO WE HAVEAN EXPECTED COMPLETION DATE???)t.Headings. The subject headings of the paragraphs are included for purposes of convenience only and shall not affect the construction or interpretation of any of its provisions.u.Authority. The undersigned persons hereby verify that they have theactual and apparent authority to enter into this contract and that any and allaction necessary to approve this contract has been undertaken and approved by said entities. DATE: FOR TOWN FOR KDP (Name, Title) AGENDA ITEM SUMMARY Date of Meeting: January 10, 2023 Staff Work By: Joseph Jeffries, Town Manager AGENDA ITEM Consideration of a Development Agreement between the Town of Lillington and One Lock Storage of Lillington, LLC. ITEM SUMMARY Attached for your review and consideration is a Development Agreement between the Town of Lillington and one Lock Storage of Lillington, LLC. § 160D-1001. Authorization. (a) The General Assembly finds the following: (1) Development projects often occur in multiple phases over several years, requiring a long-term commitment of both public and private resources. (2) Such developments often create community impacts and opportunities that are difficult to accommodate within traditional zoning processes. (3) Because of their scale and duration, such projects often require careful coordination of public capital facilities planning, financing, and construction schedules and phasing of the private development. (4) Such projects involve substantial commitments of private capital, which developers are usually unwilling to risk without sufficient assurances that development standards will remain stable through the extended period of the development. (5) Such developments often permit communities and developers to experiment with different or nontraditional types of development concepts and standards, while still managing impacts on the surrounding areas. (6) To better structure and manage development approvals for such developments and ensure their proper integration into local capital facilities programs, local governments need flexibility to negotiate such developments. (b) Local governments may enter into development agreements with developers, subject to the procedures of this Article. In entering into such agreements, a local government may not exercise any authority or make any commitment not authorized by general or local act and may not impose any tax or fee not authorized by otherwise applicable law. AGENDA ITEM #5-5A (c) This Article is supplemental to the powers conferred upon local governments and does not preclude or supersede rights and obligations established pursuant to other law regarding development approvals, site-specific vesting plans, or other provisions of law. A development agreement shall not exempt the property owner or developer from compliance with the State Building Code or State or local housing codes that are not part of the local government's development regulations. When the governing board approves the rezoning of any property associated with a development agreement executed and recorded pursuant to this Article, the provisions of G.S. 160D-605(a) apply. (d) Development authorized by a development agreement shall comply with all applicable laws, including all ordinances, resolutions, regulations, permits, policies, and laws affecting the development of property, including laws governing permitted uses of the property, density, intensity, design, and improvements. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1002. Definitions. The following definitions apply in this Article: (1) Development. - The planning for or carrying out of a building activity, the making of a material change in the use or appearance of any structure or property, or the dividing of land into two or more parcels. When appropriate to the context, "development" refers to the planning for or the act of developing or to the result of development. Reference to a specific operation is not intended to mean that the operation or activity, when part of other operations or activities, is not development. Reference to particular operations is not intended to limit the generality of this item. (2) Public facilities. - Major capital improvements, including, but not limited to, transportation, sanitary sewer, solid waste, drainage, potable water, educational, parks and recreational, and health systems and facilities. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1003. Approval of governing board required. (a) A local government may establish procedures and requirements, as provided in this Article, to consider and enter into development agreements with developers. A development agreement must be approved by the governing board of a local government following the procedures specified in G.S. 160D-1005. (b) The development agreement may, by ordinance, be incorporated, in whole or in part, into any development regulation adopted by the local government. A development agreement may be considered concurrently with a zoning map or text amendment affecting the property and development subject to the development agreement. A development agreement may be concurrently considered with and incorporated by reference with a sketch plan or preliminary plat required under a subdivision regulation or a site plan or other development approval required under a zoning regulation. If incorporated into a conditional district, the provisions of the development agreement shall be treated as a development regulation in the event of the developer's bankruptcy. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1004. Size and duration. A local government may enter into a development agreement with a developer for the development of property as provided in this Article for developable property of any size. Development agreements shall be of a reasonable term specified in the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1005. Hearing. Before entering into a development agreement, a local government shall conduct a legislative hearing on the proposed agreement. The notice provisions of G.S. 160D-602 applicable to zoning map amendments shall be followed for this hearing. The notice for the hearing must specify the location of the property subject to the development agreement, the development uses proposed on the property, and must specify a place where a copy of the proposed development agreement can be obtained. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 25, 51(a), (b), (d).) § 160D-1006. Content and modification. (a) A development agreement shall, at a minimum, include all of the following: (1) A description of the property subject to the agreement and the names of its legal and equitable property owners. (2) The duration of the agreement. However, the parties are not precluded from entering into subsequent development agreements that may extend the original duration period. (3) The development uses permitted on the property, including population densities and building types, intensities, placement on the site, and design. (4) A description of public facilities that will serve the development, including who provides the facilities, the date any new public facilities, if needed, will be constructed, and a schedule to assure public facilities are available concurrent with the impacts of the development. In the event that the development agreement provides that the local government shall provide certain public facilities, the development agreement shall provide that the delivery date of such public facilities will be tied to successful performance by the developer in implementing the proposed development, such as meeting defined completion percentages or other performance standards. (5) A description, where appropriate, of any reservation or dedication of land for public purposes and any provisions agreed to by the developer that exceed existing laws related to protection of environmentally sensitive property. (6) A description, where appropriate, of any conditions, terms, restrictions, or other requirements for the protection of public health, safety, or welfare. (7) A description, where appropriate, of any provisions for the preservation and restoration of historic structures. (b) A development agreement may also provide that the entire development or any phase of it be commenced or completed within a specified period of time. If required by ordinance or in the agreement, the development agreement shall provide a development schedule, including commencement dates and interim completion dates at no greater than five-year intervals; provided, however, the failure to meet a commencement or completion date does not, in and of itself, constitute a material breach of the development agreement pursuant to G.S. 160D-1008 but must be judged based upon the totality of the circumstances. The developer may request a modification in the dates as set forth in the agreement. (c) If more than one local government is made party to an agreement, the agreement must specify which local government is responsible for the overall administration of the development agreement. A local or regional utility authority may also be made a party to the development agreement. (d) The development agreement also may cover any other matter, including defined performance standards, not inconsistent with this Chapter. The development agreement may include mutually acceptable terms regarding provision of public facilities and other amenities and the allocation of financial responsibility for their provision, provided any impact mitigation measures offered by the developer beyond those that could be required by the local government shall be expressly enumerated within the agreement, and provided the agreement may not include a tax or impact fee not otherwise authorized by law. (e) Consideration of a proposed major modification of the agreement shall follow the same procedures as required for initial approval of a development agreement. What changes constitute a major modification may be determined by ordinance adopted pursuant to G.S. 160D-1003 or as provided for in the development agreement. (f) Any performance guarantees under the development agreement shall comply with G.S. 160D-804.1. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 26, 51(a), (b), (d).) § 160D-1007. Vesting. (a) Unless the development agreement specifically provides for the application of subsequently enacted laws, the laws applicable to development of the property subject to a development agreement are those in force at the time of execution of the agreement. (b) Except for grounds specified in G.S. 160D-108(c) or G.S. 160D-108.1(f), a local government may not apply subsequently adopted ordinances or development policies to a development that is subject to a development agreement. (c) In the event State or federal law is changed after a development agreement has been entered into and the change prevents or precludes compliance with one or more provisions of the development agreement, the local government may modify the affected provisions, upon a finding that the change in State or federal law has a fundamental effect on the development agreement. (d) This section does not abrogate any vested rights otherwise preserved by law. (2019- 111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, ss. 27, 51(a), (b), (d).) § 160D-1008. Breach and cure. (a) Procedures established pursuant to G.S. 160D-1003 may include a provision requiring periodic review by the zoning administrator or other appropriate officer of the local government, at which time the developer shall demonstrate good-faith compliance with the terms of the development agreement. (b) If the local government finds and determines that the developer has committed a material breach of the agreement, the local government shall notify the developer in writing setting forth with reasonable particularity the nature of the breach and the evidence supporting the finding and determination and providing the developer a reasonable time in which to cure the material breach. (c) If the developer fails to cure the material breach within the time given, then the local government unilaterally may terminate or modify the development agreement, provided the notice of termination or modification may be appealed to the board of adjustment in the manner provided by G.S. 160D-405. (d) An ordinance adopted pursuant to G.S. 160D-1003 or the development agreement may specify other penalties for breach in lieu of termination, including, but not limited to, penalties allowed for violation of a development regulation. Nothing in this Article shall be construed to abrogate or impair the power of the local government to enforce applicable law. (e) A development agreement shall be enforceable by any party to the agreement notwithstanding any changes in the development regulations made subsequent to the effective date of the development agreement. Any party to the agreement may file an action for injunctive relief to enforce the terms of a development agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1009. Amendment or termination. Subject to the provisions of G.S. 160D-1006(e), a development agreement may be amended or terminated by mutual consent of the parties. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1010. Change of jurisdiction. (a) Except as otherwise provided by this Article, any development agreement entered into by a local government before the effective date of a change of jurisdiction shall be valid for the duration of the agreement or eight years from the effective date of the change in jurisdiction, whichever is earlier. The parties to the development agreement and the local government assuming jurisdiction have the same rights and obligations with respect to each other regarding matters addressed in the development agreement as if the property had remained in the previous jurisdiction. (b) A local government assuming jurisdiction may modify or suspend the provisions of the development agreement if the local government determines that the failure of the local government to do so would place the residents of the territory subject to the development agreement or the residents of the local government, or both, in a condition dangerous to their health or safety, or both. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1011. Recordation. The developer shall record the agreement with the register of deeds in the county where the property is located within 14 days after the local government and developer execute an approved development agreement. No development approvals may be issued until the development agreement has been recorded. The burdens of the development agreement are binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties to the agreement. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) § 160D-1012. Applicability of procedures to approve debt. In the event that any of the obligations of the local government in the development agreement constitute debt, the local government shall comply, at the time of the obligation to incur the debt and before the debt becomes enforceable against the local government, with any applicable constitutional and statutory procedures for the approval of this debt. (2019-111, s. 2.4; 2020-3, s. 4.33(a); 2020-25, s. 51(a), (b), (d).) RECOMMENDED ACTION Approve Development Agreement between the Town of Lillington and One Lock Storage of Lillington, LLC -1 - STATE OF NORTH CAROLINA DEVELOPMENT AGREEMENT (N.C.G.S. §§160D-1001, ET SEQ.) COUNTY OF HARNETT THIS DEVELOPMENT AGREEMENT (“Agreement”) is made this the day of January, 2023, by and between ONE LOCK STORAGE OF LILLINGTON, LLC, a North Carolina limited liability company, (hereinafter the “Developer”), and the TOWN OF LILLINGTON, a North Carolina municipal corporation (hereinafter referred to as the “Town”). W I T N E S S E T H WHEREAS, Developer is the owner of certain property, generally located at 1781 N. Main Street, Lillington, North Carolina, containing 12.68 acres more or less and being Harnett County Parcel Identification Number 0650-98-1828.000 (hereinafter the "Developer’s Property"); and, WHEREAS, Developer previously applied for a special use permit to construct self- storage and mini-warehouse facilities as more particularly set forth in the Special Use Permit Application dated October 25, 2021, which is incorporated herein by reference, which was approved by the Town, with conditions as set forth in the Lillington Board of Commissioners minutes of November 9, 2021 and/or as previously approved by the Board (hereinafter the “Special Use Permit”); and WHEREAS the Special Use Permit entitles the Developer to construct the self-storage and mini-warehouse facilities as shown on the Application for the Special Use Permit (hereinafter the “Development”); and WHEREAS, the Development is subject to the terms of the Town of Lillington, NC Unified Development Ordinance (hereinafter the “UDO”); and WHEREAS the Town and Developer disagree on the applicability, authority or interpretation of certain provisions of the UDO, but have reached agreement on the same and desire to enter into this Agreement to reflect such agreements regarding the Development; and WHEREAS, pursuant to G.S. §160D-1005 a public hearing was duly noticed and held on January 10, 2023, regarding this Agreement and its terms and conditions. NOW THEREFORE, for and in consideration of the mutual exchange of the covenants and agreements hereinafter set forth, the sufficiency of which is hereby acknowledged, the parties hereby agree as follows: Section 1. Developer Obligations. - 2 - A. Developer shall pay to the Town a fee of One Hundred Thousand Dollars ($100,000.00), in lieu of constructing a 3-Way cross section on Highway 210 in front of the Developer’s Property (hereinafter the “Fee In Lieu”). The Developer shall pay the Fee In Lieu to the Town, at such time as determined by the Developer, provided that the Fee In Lieu must be paid to the Town within five (5) business days of approval by Town of Developer’s construction plans and in no event later than July 1, 2023. Nothing herein shall be interpreted to prevent the requirements of Developer to comply with all other legal Town requirements on, at or near the intersection, including curb, gutter and sidewalk. B. Developer shall cause the plans for the Development to include thirty-one (31) parking spaces in the same location as shown on the site plan attached to the Application for the Special Use Permit. C. Developer shall develop and construct the building immediately adjacent to Highway 210, as shown on the Application for the Special Use Permit in and will do so in accordance with all Town design, overlay, façade, architectural and any and all other legal Town requirements. Town will work with Developer upon submission by Developer of revised site plans, drawings, construction plans, site plans and other required or requested submissions including those in Article 7 of the UDO. D. The Developer shall convey a right of way to the Town, or to the North Carolina Department of Transportation (“DOT”) if requested by Town, a right of way to allow for roadway improvements on Highway 210 in front of Developer’s Property in an amount as determined by Developer’s engineer and approved by Town. Unless requested by Town to be dedicated later, the dedication shall made by Developer upon approval of construction plans by Town. Nothing herein shall be interpreted to obviate any other requirements by Town for Developer unrelated to the roadway, including Developer’s requirements to place curb, gutter and sidewalk or to allow for other rights of way for required purposes such as utilities. (Sections 1.A through 1.D above shall be referred to collectively as “Developer Obligations”). Section 2. Town Obligations. A. The Town shall receive the Fee In Lieu and use the same, for: (i) street improvements to Highway 210 in front of the Development and in connection with the Development; or (ii) for improvement to Highway 210 north of the intersections of Highways 421/401/210. The determination for the use of the Fee In Lieu shall be made by the Town and in accordance with applicable North - 3 - Carolina General Statutes. The timing for the use of the Fee In Lieu shall be determined by the Town. B. The Town shall approve the site plan for the Development to include thirty- one (31) parking spaces as shown on the site plan attached to the Application for the Special Use Permit., provided the site plan otherwise complies with the provisions of the UDO, overlay requirements, architectural requirements, this Agreement, and any other legal Town requirements. C. The Town shall review and respond to all review plans, specifications and architectural plans for permits and otherwise in connection with the Development within a reasonable time after the Developer submits the same to the Town. (Sections 2.A through 2.D above shall be referred to collectively as “Town Obligations”). Section 3. UDO Reservation of Rights. The Town and the Developer agree to work together in connection with the Development regarding any requirements of the UDO not specifically addressed in this Agreement. The Developer agrees to design and construct the Development in accordance with the UDO and other legal Town requirements. In the event of a dispute regarding the interpretation or enforcement of the UDO, except for matters specifically set forth in this Agreement, the Developer reserves all rights of appeal as contained in the UDO or the North Carolina General Statutes. Section 4. Notices. All notices and other communications required or permitted to be given hereunder shall be in writing and shall be mailed by certified or registered mail, postage prepaid, or by Federal Express, Airborne Express, or similar overnight delivery service, addressed as follows: If to Developer: One Lock Storage of Lillington, LLC Attn: Jason Price, Manager 2323 Keith Hills Rd. Lillington, North Carolina 27546 If to Town: Town of Lillington c/o Joseph Jeffries, Town Manager 102 East Front Street Lillington, North Carolina 27546 Notice shall be deemed to have been given upon receipt. Refusal of delivery shall be deemed receipt. Section 5. Modification. No modification of this Agreement shall be valid or binding unless such modification is in writing, duly dated and signed by both parties. Section 6. Full Agreement. This Agreement contains the entire agreement of the parties, and all prior communications, oral or written, are without any force and effect as it is - 4 - the specific intent of the parties that this Agreement alone sets forth the terms on which the parties have mutually agreed. Each party specifically agrees that it enters into this Agreement based on its own understanding of the terms hereof and does not rely, in whole or in part, on any interpretation or representation of the other party. Each party agrees that this Agreement is the result of good faith arms length negotiations. Each party is represented by separate counsel. Section 7. Assignment. Neither this Agreement nor the performance of any obligation herein can be assigned without the express written consent of the parties hereto, which consent shall not be unreasonably withheld provided the assignee demonstrates it is financially capable of performing all terms and conditions contained in this Agreement. Subject to the foregoing, Developer may (but with providing five (5) business days prior notice of such assignment), assign this Agreement to an entity that is a wholly owned subsidiary or under common ownership with the assigning party. In the event of such an assignment of this Agreement, the assigning party shall not be released from any of its obligations under this Agreement. Section 8. No Partnership, Joint Venture. This Agreement does not create any obligation or relationship such as a partnership, joint venture or other similar legal relationship between the parties. Any correspondence or other references to “partners” or other similar terms will not be deemed to alter, amend or change the relationship between the parties hereto unless there is a formal written agreement specifically detailing the rights, liabilities and obligations of the parties as to a new, specifically defined legal relationship. Section 9. Binding Effect. It is mutually understood and specifically agreed that this Agreement is binding upon and may inure to the benefit of Developer and Developer’s successors in interest, (including, but not limited to, it’s successors, heirs, assigns, tenants, lessees and sublessees, and grantees,). Section 10. Governing Law. This Agreement shall be interpreted and construed in accordance with the laws of the State of North Carolina. Section 11. Venue. The parties agree that any action brought in a court of law pertaining to this Agreement or the obligations set forth herein shall be brought in Harnett County, North Carolina. Section 12. Counterparts. This Agreement may be executed in one or more counterparts. Section 13. Waiver. Any waiver from time to time of any provision hereunder will not be deemed to be a full waiver of such provision or waiver of any other provision hereunder. Any waiver shall not prejudice any remedy available to the party(ies). Section 14. Headings. The captions and headings throughout this contract are for convenience and reference only and the words contained therein shall in no way be held to define or add to the interpretation, construction or meaning of any provision of this contract. - 5 - Section 15. Counsel and Draftsmanship. The parties hereto have sought and received the advice of their respective legal counsel in drafting, preparing and executing this Agreement. This Agreement was mutually drafted by counsel for both parties. There shall be no presumption or legal burden placed against either party hereto as the drafter of this Agreement, or any provision hereof, including all exhibits and agreements annexed hereto. Section 16. Severability. If any provision herein is deemed void or unenforceable by a court of competent jurisdiction, such provision shall be severed from this Agreement and the remaining provisions shall be valid, enforceable and binding between the parties. In the event that a court of competent jurisdiction declares this Agreement or any provision hereof to be void, voidable, unenforceable or ultra vires, then the Town may terminate water and/or sewer service to the Developer’s Property without liability for any type of damages whatsoever. If a court so declares, then the parties hereto will endeavor, but not be so obligated, to reach some agreement whereby such service can be provided. Section 17. Preambles. The preambles to this Agreement and all documents identified therein are incorporated herein by reference the same as if set forth herein. Section 18. Duration. The duration of this Agreement shall be for four (4) years, unless extended by the parties. (See signatures on following page) - 6 - IN WITNESS WHEREOF, this Agreement has been executed the day and year first above written. ONE LOCK STORAGE OF LILLINGTON, LLC By: (SEAL) Name: Jason Price Title: Manager STATE OF NORTH CAROLINA COUNY OF WAKE I, a Notary Public, do hereby certify that Jason Price personally came before me this day and acknowledged that he is the manager of One Lock Storage of Lillington, LLC, a North Carolina limited liability company, Grantor, and that he voluntarily signed the foregoing document for the purpose stated therein, and in the capacity indicated. Witness my hand and official stamp or seal this the day of ____________, 2022. Notary Public My commission expires: -7 - TOWN OF LILLINGTON By: (SEAL) Name: Title: Town Manager Attested: ______________, Town Clerk STATE OF NORTH CAROLINA COUNTY OF WAKE I, a Notary Public of the County and State aforesaid, certify that Joseph Jeffries personally came before me this day and acknowledged that he is Town Manager of the Town of Lillington, a municipal corporation, and that by authority duly given and as the act of the corporation, the foregoing instrument was signed in its name by its Town Manager , sealed with its corporate seal and attested by as its Town Clerk . Witness my hand and official stamp or seal, this day of . 2022. My Commission Expires: Notary Public AGENDA ITEM SUMMARY Date of Meeting: January 10, 2023 Staff Work By: Lindsey B. Lucas, Town Clerk TYPE OF PUBLIC HEARING Legislative AGENDA ITEM Consideration of Ordinance Extending the Corporate Limits of the Town of Lillington. ITEM SUMMARY The Town of Lillington received a petition under §160A-58.1 for satellite annexation. The Town Board by Resolution directed the Town Clerk to investigate the sufficiency of the petition. In accordance with §160A-58.2 the Town Board called a Public Hearing on January 10, 2023 for the question of annexation for 203.39-acres being PIN #’s: 0670-15-7985.000, 0670-24-2289.000, & 0670-45-2886.000 Case Number ANX-23-05. § 160A-58.2. Public hearing. Upon receipt of a petition for annexation under this Part, the city council shall cause the city clerk to investigate the petition, and to certify the results of his investigation. If the clerk certifies that upon investigation the petition appears to be valid, the council shall fix a date for a public hearing on the annexation. Notice of the hearing shall be published once at least 10 days before the date of hearing. At the hearing, any person residing in or owning property in the area proposed for annexation and any resident of the annexing city may appear and be heard on the questions of the sufficiency of the petition and the desirability of the annexation. If the council then finds and determines that (i) the area described in the petition meets all of the standards set out in G.S. 160A-58.1(b), (ii) the petition bears the signatures of all of the owners of real property within the area proposed for annexation (except those not required to sign by G.S. 160A-58.1(a)), (iii) the petition is otherwise valid, and (iv) the public health, safety and welfare of the inhabitants of the city and of the area proposed for annexation will be best served by the annexation, the council may adopt an ordinance annexing the area described in the petition. The ordinance may be made effective immediately or on any specified date within six months from the date of passage. RECOMMENDED ACTION APPROVE the Ordinance to Extend the Corporate Limits of the Town of Lillington, North Carolina. AGENDA ITEM #6-6A S 23°00'00" WS 62 ° 0 0 ' 0 0 " E S 74°15' 0 0 " E 1009.80'673. 2 0 ' S 69°00' 0 0 " W N 84°45'00" W N 18°00'00" ES 87°00'00" ES 02°00'00" WN 87°00'00" W N 15°45'00" E963.60' 359.04'415.80'1016.40'462.00'1148.40'462.00'TOTAL INCLUDING RIGHT OF WAY 184.43 acres 8033579.74 sq ft 4.27 ACRES IN RIGHT OF WAY NET 180.16 ACRES NET BARN DORIS M TYSINGER DB 494 PG 215 WW P GLENN W. JOHNSON DB 1086 PG 48 PC C SLIDE 94C FENCE RUNS ALONG PROPERTY LINENO.4 REBAR SET FLUSH WITH GROUNDS 01°24'30" E1190.54'C8 NO.4 REBARSET FLUSHWITH GROUND N 62°0 1' 3 2" E 335.42' TIE LIN E O N L Y NO. 4 REBAR SET AT POINTERS AT CREEKN 11°52'07" W N 86°45'44" E560.45' 45.85' DALE WEBB SR.DB 2102 PG 120 ECM 14" ABOVEGROUND WILLIAM A. SAWYER & PAULETTE P. SAWYER DB 3266 PG 638 PC E SLIDE 79D 2" EIPWITH NO. 5 REBAR IN CENTER N 22°19'18" W 821.49'S 88°35'30" W FENCE IS 0.71' ONTOPROPERTY 1/2 " EIS 2" BELOW GROUND 286.14' ECM 2" ABOVE GROUND APPROXIMATE 100 YEAR FLOOD PLAIN AS TAKEN FROM MAP NUMBER3720066000J ASADOPTED 10-03-2006 WETLANDS BETWEEN MONUMENT AND DITCH JOHN T. JOHNSON JR. DB 3146 PG 132 PB 2013 PG 156 N 48°5 4' 5 2" W 182.0 5' ECM 5" ABOVEGROUND ECM 6" ABOVE GROUND NO. 5 REBAR(BENT)NAIL AT BASE N 06°52'02" W415.28' WETLANDSN 06°57'39" W539.99'BETSY S. WARREN DB 933 PG 62 PC E SLIDE 92B N 4 8 ° 5 4 ' 4 9 " W 491.94' CH O P P E D L I N E S 87°39'34" E 67 0 . 3 5 ' 1" EIP 6" ABOVE GROUND WITH 32" SWEETGUMPOINTERS ANNIE LEE GAINEY DB 933 PG 60 PC E SLIDE 92B 2" EIP4" ABOVEWATER 772' EXISTING CONCRETE MONUMENT 4" ABOVE GROUND P POND WETLANDS BARNS WELL P HOUSE P BARN P BARN SILOS P 485' BETWEEN DITCHES103' BETWEEN DITCHES S 87°38'36" E 1679.26'WE T L AN DS POND DITCHWETLANDS DITCH 1/2 EIP BENTNAIL AT BASEP DITCHBARN S 87°28'55" E 36.08'S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' P EXISTING MAG NAIL N 87°36'16" W 27.03'POND EXISTING COTTON SPINDLE BROKEN CONCRETE MONUMENT N 64°01'07" E BARN PORTION DEEDED TO A&M FARMS FROM CAMPBELL COLLEGE SEE DB 672 PG 615 0.21 acres 9290.71 sq ft P N 84°35'18" E US 421 VARIABLE R/W 1299.08' US 421 WEST BOUND LA N E P NO.4 REBAR SET FLUSH WITH GROUND C7 NO.4 REBARSET FLUSH WITH GROUND L7C6 L6S 21°05'55" W 205.66'C4N 3 1 ° 3 5 ' 0 0 " W 6 9 7 . 5 1 ' BARNSP N 80°24'46" E APPROXIMATE ENDOF WATER LINE S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMSPB 2000 PG 773 S 31°18'15" E 217.95' 205.87' EXISTING MAG NAIL P P P POND6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND S 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' NO.4 REBAR3" BELOW ASPHALT P N 58° 2 3' 2 6" E NO. 4 REBAR FLUSH WITHGROUND N 58°23'26" E 30.69' 267.7 5' CEMETERY P NAIL AT BASE OF BENT 1 1/4 EIP (BENT) S 74°00'23" E S 64 ° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTON DB 1464 PG 281 PB 2000 PG 773PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE 656.31'COMBINED FACTOR 0 .99987271 NCGS "HIGHLAND" NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30'E=2074402.93'PUBLISHED COORDINATESNAD 83 (2001) N=603410.31' E=2074402.94' 41.39' S 21°05'55" W 43.74'C5S 21°05'55" WS 21°05'55" W N 22 °46 '30 " W928.05 'TIE L INE ONLY CAMPBELL UNIVERSITY DB 561 PG 09PB 7 PG 49 S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OF ECM MENTIONED IN PB 2000 PG 773 REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 JAMES AND CAROLYN JONESDB 2699 PG 670PB 2009 PG 747 AREA OF THIS PORTION INCLUDING RIGHT OF WAY 12.23 acres 532765.46 sq ft ERNEST G. LONGDB 3168 PG 535PB 2013 PG 319 SEE LINE SHOWN IN PB 2013 PG 319P JOHNSON FARM ROAD 6 0 ' PU B L IC R /W 1" EIP FLUSH WITH GROUND P S 02°07'08" E S 02°07'08" E S 02°07'08" E 99.91' 60.64' P N 80°57'22" E N 80°57'22" E 60.64' 32.53' 53.59' S 02°07'08" E 211.57' P WELL HOUSE BARN S 3 1 ° 4 6 ' 2 0 " E S 04°05'28" W1 3 5 0 . 7 5 ' 6" P VC W ATE R L INE N 87°37'53" W N 87°37'53" W 48.65' TYSING E R R D 60' PUB L I C R/ W NCSR 1 5 2 0C1 N 7 3 ° 46 ' 3 3 " E82 . 8 3 ' FIRE HYDRANT P N 70°23'14 " E S 87°37'53" E 45.84' 843.49' C2 JOHN T. JOHNSON DB 2016 PG 980 PB 2002 PG 447 ECM 2"ABOVE GROUND P N 6 3 ° 2 8 '3 7 " E NO. 4 REBARAT BASE OF 1 1/4" EIP HOUSE P 210 . 65 ' P S 01°36'07" W S 86°18'43" E 931.27'223.73' 11.19' C3 ECM 1" ABOVE GROUND S 02°23'27" W 40.61' 32.79' NO.4 REBAR (BENT) NAIL SET AT BASE 0 300 600 900 1200 1500 PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES I do hereby certify that the Lillington Board of Commisions approved the annexation on ____________and officially adopted this annexation map. ___________ _____________________________________ Date Lindsey B. Lucas, Town Clerk ___________ _____________________________________ Date London Chandler, Zoning Administrator LESLIE CAMPBELL AVE NAIL ATBASE OF BENT 1 1/4 EIP (BENT) ________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. ________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE. 3. THAT THE SURVEY IS A CONTROL SURVEY.________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYOR IS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONAL ABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded in db 685 pg 403 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 24TH DAY OF MARCH AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 ........GEODECTIC MONUMENT 267.7 5' S 3 1 ° 3 5 ' 0 0 " EL4 L2CEMETERY 6 9 5 . 4 7 ' INSET L3 30.69' N 58°23'26" E L5 T IE L INE ON LY L 1 NO. 4 REBAR FLUSH WITHGROUND N 58°2 3' 2 6" E 46.63' S 74°00'23" E 3/24/2022 AJG POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB VICINITY MAP NTSJOHNSON FARM RDD US 421NEILLS CREEK RD SITE TYSINGER RD BARN OWNER AT TIME OF SURVEY A AND M FARMS INC C/O W.M. JOHNSON PO BOX 69 LILLINGTON NC 27546 LN A NILORACHTRO ROE YVRUSDNAL AONISSEFORP SEAL L-3701 TREBLIGJ.YESLA Id L1 L2 L3 L4 L5 L6 L7 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W N 08°57'09" E N 49°35'37" E Distance 175.18' 12.04' 11.07' 11.70' 11.32' 65.96' 52.36' Id C1 C2 C3 C4 C5 C6 C7 C8 Delta 03°23'19" 10°17'56" 07°34'03" 07°41'50" 09°44'30" 00°14'32" 02°06'29" 04°10'47" Radius 2250.00' 950.00' 675.00' 550.00' 550.00' 11515.16' 11515.16' 5619.58' Arc Length 133.07' 170.76' 89.15' 73.89' 93.51' 48.67' 423.68' 409.96' Chord 133.05' 170.53' 89.09' 73.83' 93.40' 48.67' 423.66' 409.87' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 27°44'05" E S 15°19'44" E N 86°49'03" E N 85°38'33" E S 86°40'42" W AS FOR TIEDATE: 03/01/2022TYPE OF GPS: RTN (GPS) DATUM/ EPOCH: NAD 83 NSRS 2011 POSITIONAL ACCURACY: 0.05' GEOID MODEL: 12B PUBLISH FIXED MODEL: (VRS)COMBINED FACTOR: 0.99987271US SURVEY FOOT NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED ANNEXATION PLAT FOR: SEE INSET ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 685 PG 403 FIRST AND TWELTH TRACT AND A SMALL 1.2 ACRE TRACT IN DB 1464 PG 284 AND CORNER DEEDED IN DB 672 PG 615 SCALE 1"=300 DATE 12/09/2022 NEILL'S CREEK TWP HARNETT CO NC THE TOWN OF LILLINGTON PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES TOTAL AREA (INCLUDING R/W) 184.31 acres 8028585.97 sq ft 4.27 acres in right of way NET 180.04 ACRES DORIS M TYSINGERDB 494 PG 215 WW P SILOS BARN BARN P 1/2 EIP BENTNAIL AT BASE P EXISTING MAG NAIL S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' N 87°36'16" W 27.03' EXISTING COTTONSPINDLE N 64°01'07" E AREA OF THISPORTION INCLUDINGRIGHT OF WAY 6.07 acres 264441.37 sq ft S 3 1 ° 3 5 ' 0 0 " E BARN APPROXIMATE ENDOF WATER LINES 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' S 31°18'15" E 205.87' EXISTINGMAG NAIL S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMS PB 2000 PG 773 217.95' P P 6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND PONDNO.4 REBAR 3" BELOW ASPHALT P P NO. 4 REBARFLUSH WITHGROUND N 58°23'26" E CEMETERY N 58°2 3' 2 6" E 267.75' Lot 4 P 30.69' NAIL ATBASE OF BENT 1 1/4 EIP (BENT) N 80°24'46" E S 74°00'23" E S 64 ° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTONDB 1464 PG 281 PB 2000 PG 773 PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OFECM MENTIONED IN PB 2000 PG 773916.70'931.27'SEE LINE SHOWN IN PB 2013 PG 319P S 02°07'08" E N 80°57'22" E N 80°57'22" E S 02°07'08" E 60.64' 32.53' 53.59' 211.57' JOHNSON FARM ROAD 6 0 ' PUB L IC R /W P S 02°07'08" E S 02°07'08" E 99.91' 60.64' P L 9 L8 L6 1" EIPFLUSH WITHGROUND WELL HOUSE BARN S 3 1 ° 4 6 ' 2 0 " EN 04°05'28" E1 3 5 0 . 7 5 ' L7 6 " P VC W A TER L IN E P NCGS "HIGHLAND"NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30' E=2074402.93' PUBLISHED COORDINATESNAD 83 (2001)N=603410.31' E=2074402.94' ERNEST G. LONG DB 3168 PG 535 PB 2013 PG 319 N 87°43'04" W N 18°25 '39" W N 87°43'04" W 900.02'2072.04 ' GR ID DISTANCE 900.00' 60' ACCESS AND UTILITY EASEMENT 60.03'REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 SOIL PATH S 04°06'45" WNEW TRACT 19.08 acres 831337.18 sq ft WELL BARN N 87°43'04" W 1030.68' EXISTING CONCRETE MONUMENT S 86°47'28" ETYSING E R R D 60' PUB LI C R / W NCSR 15 2 0 N 73 °4 6 ' 3 3 " E 82 .8 3 ' C1 FIRE HYDRANT A&M FARMS DB 685 PG 403 NO. 4 REBARAT BASE OF 1 1/4" EIP ECM 1" ABOVE GROUNDP P N 63°28' 3 7" E N 87°37'53" W N 87°37'53" W 210.65' 40.61' N 70°23'14 " E S 87°37'53" E 45.84' 48.65' 843.49' C2 JOHN T. JOHNSON DB 2016 PG 980PB 2002 PG 447 P C3 HOUSE P S 01°36'07" W S 86°18'43" E 223.73' 11.19' ECM 2" ABOVEGROUND S 02°23'27" W 32.79' NO.4 REBAR (BENT)NAIL SET AT BASE S 86°45'48" E 48.21' 851.79'SOIL PATH NO. 4 REBAR 4" ABOVE GROUND JAMES AND CAROLYN JONES DB 2699 PG 670 PB 2009 PG 747 I do hereby certify that the Lillington Board of Commisions approved the annexation on ____________and officially adopted this annexation map. ___________ _____________________________________ Date Lindsey B. Lucas, Town Clerk ___________ _____________________________________ Date London Chandler, Zoning Administrator 10/25/2022 AJG ________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND.________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE. 3. THAT THE SURVEY IS A CONTROL SURVEY. ________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYOR IS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONAL ABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded indb 3168 pg 535 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,REGISTRATION NUMBER AND SEAL THIS 25TH DAY OF OCTOBER AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 LN A NILORACHTRO ROE YVRUSDNAL A ONISSEFORP SEAL L-3701 TREBLIGJ.YESL A VICINITY MAP NTS ........GEODECTIC MONUMENT POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB SITENEILLS CREEK RDJOHNSON FARM RDD US 421 LESLIE CAMPBELL AVE TYSINGER RD Id L6 L7 L8 L9 Bearing N 58°13'40" E S 87°43'04" E N 58°13'40" E N 31°46'20" W Distance 104.68' 20.27' 123.05' 60.00' Id L1 L2 L3 L4 L5 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W Distance 175.18' 12.04' 11.07' 11.70' 11.32' 0 200 400 600 800 1000 Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" W NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED ANNEXATION MAP FOR: ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 3168 PG 535 PB 2013 PG 319 SCALE 1"=200' DATE 10/25/2022 NEILL'S CREEK TWP HARNETT CO NC THE TOWN OF LILLINGTON OWNER AT TIME OF SURVEY ERNEST G. LONG PO BOX 2327 LILLINGTON NC 27546 Legal Description: Beginning at the most eastern point of the A and M farms tract said point being a number 4 rebar a common corner with Campbell University and David and Joy Milton), said point being N 22 Deg 46 Min 30 Sec E 928.05’ from NCGS Monument Highland said monument having NCGS coordinates (NSRS 2011) of N=603410.30’ and E=2074402.93’said point being the POINT OF BEGINNING ; thence along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 656.54'to a point on the eastern right of way of Johnson Farm Road; thence S 21 Deg 05 Min 55 Sec W, a distance of 41.55'to a point in center of Johnson Farm Rd; thence S 21 Deg 05 Min 55 Sec W, a distance of 43.95' to the Western right of way of Johnson Farm Rd; thence continuing along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 197.48' to the Northern Right of Way of US 421: thence along the Northern right of way US 421 with a curve the point of curvature of a non-tangent curve, concave to the south, having a radius of 11566.16' a central angle of 01 Deg 02 Min 59 Sec, and a chord of 211.87' bearing S 85 Deg 09 Min 58 Sec W; thence West along said curve, a distance of 211.88'; thence continuing along said right of way of US 421 S 84 Deg 38 Min 28 Sec W, a distance of 1511.46' to a point the point of curvature of a tangent curve, concave to the north, having a radius of 5870.00' and a central angle of 04 Deg 01 Min 35 Sec; thence West along said curve, a distance of 412.51', curving to the right; thence leaving said right of way of US 421 along a line with Glen W. Johnson N 01 Deg 24 Min 30 Sec W, a distance of 1188.09'; thence along the Northern line of Glen W. Johnson S 88 Deg 35 Min 30 Sec W, a distance of 821.49' to Rebar set in Creek; thence along the eastern line of Dale Webb to a 2” Eip with No. 5 rebar in center N 22 Deg 19 Min 18 Sec W, a distance of 286.14'; thence along a line with William A. Sawyer N 11 Deg 52 Min 07 Sec W, a distance of 560.45' to an existing concrete monument 6” above the ground; thence continuing along another line with William A. Sawyer N 06 Deg 52 Min 02 Sec W, a distance of 415.28' to a Found No. 5 rebar (bent); thence along a line with Betsy Warren N 06 Deg 57 Min 39 Sec W, a distance of 539.99' to and existing concrete monument 5” above ground; thence along another line with Betsy Warren N 48 Deg 54 Min 52 Sec W, a distance of 182.05' 2” existing iron pipe 4” above water; thence along a line with Annie L Gainey to an existing concrete monument as called for in PB 2013 Pg 156 N 48 Deg 54 Min 52 Sec W, a distance of 670.59'; thence along the southern line of John T Johnson S 87 Deg 38 Min 36 Sec E, a distance of 492.13' to an Existing Concrete Monument at edge of water; thence continuing along the John T Johnson line S 87 Deg 38 Min 36 Sec E, a distance of 1679.26' to the Western right of way of Johnson Farm Road; thence S 87 Deg 28 Min 55 Sec E, a distance of 36.08' to the center of Johnson Farm Road; thence along the center of Johnson Farm Road S 31 Deg 47 Min 38 Sec E, a distance of 372.53' to the center of Tysinger Road; thence continuing along the center of Tysinger Rd the following calls N 70 Deg 23 Min 14 Sec E, a distance of 45.84' to the point of curvature of a tangent curve, concave to the south, having a radius of 2250.00' and a central angle of 03 Deg 23 Min 19 Sec; thence East along said curve, a distance of 133.07', curving to the right; thence N 73 Deg 46 Min 33 Sec E, a distance of 82.83' to the point of curvature of a tangent curve, concave to the north, having a radius of 950.00' and a central angle of 10 Deg 17 Min 56 Sec; thence East along said curve, a distance of 170.76', curving to the left; thence N 63 Deg 28 Min 37 Sec E, a distance of 210.65' to the point of curvature of a tangent curve, concave to the northwest, having a radius of 675.00' and a central angle of 07 Deg 34 Min 03 Sec; thence Northeast along said curve, a distance of 89.15', curving to the left; thence leaving the centerline of Tysinger Road S 87 Deg 37 Min 53 Sec E, a distance of 48.65' to a Number 4 rebar found on the right of way; thence along a line with James and Carolyn Jones S 87 Deg 37 Min 53 Sec E, a distance of 40.61' to an existing concrete monument; thence a line with James and Carolyn Jones S 01 Deg 36 Min 07 Sec W, a distance of 223.73' to a number 4 rebar at base of a 1 ¼” Eip; thence along the southern line with James and Carolyn Jones S 86 Deg 18 Min 43 Sec E, a distance of 11.19' to an existing concrete monument 2” above ground; thence along a line with Ernest G. Lone S 04 Deg 05 Min 28 Sec W, a distance of 931.27' to a 1” existing iron pipe; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 211.57' to the eastern right of way of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to a point in center of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to the western right of way of Johnson Farm Road; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 99.91'; thence N 80 Deg 57 Min 22 Sec E, a distance of 53.59' to a point on the western right of way of Johnson Pond Road; thence N 80 Deg 57 Min 22 Sec E, a distance of 32.53' to the center of Johnson Pond Road; thence along the center of Johnson Pond Road the following calls S 31 Deg 47 Min 16 Sec E, a distance of 420.27'; thence S 31 Deg 46 Min 45 Sec E, a distance of 217.95'; thence S 31 Deg 18 Min 15 Sec E, a distance of 205.87'; thence leaving the center of Johnson Farm Road N 58 Deg 23 Min 26 Sec E, a distance of 30.69' to the eastern right of way of Johnson Pond Road; thence along a line with along the southern line of David and Judy Milton N 58 Deg 23 Min 26 Sec E, a distance of 267.75' to a point in the branch; thence along said branch the following calls S 74 Deg 00 Min 23 Sec E, a distance of 46.63'; thence S 67 Deg 48 Min 42 Sec E, a distance of 173.70'; thence S 56 Deg 58 Min 25 Sec E, a distance of 35.39'; thence S 71 Deg 19 Min 25 Sec E, a distance of 82.30'; thence S 55 Deg 55 Min 03 Sec E, a distance of 73.03': thence S 89 Deg 56 Min 25 Sec E, a distance of 22.88'; to the POINT OF BEGINNING; said described tract containing 184.31 acres. See map entitled Forsyth Investments Company LLC by Alsey J. Gilbert PLS Dated 03/24/2022. Legal Description: Beginning at a new point in the southern line of Ernest G Long and northern line of Rebecca and James Davidson, said point being located N 87 Deg 43 Min 04 Sec W 1030.68' from an existing concrete monument being the northeastern corner of Rebecca and James Davidson and also being N 18 Deg 25 Min 39 Sec w 2072.04' from NCGS Highland having NSRS 2011 coordinates of N=603410.30' and E=2074402.94' as shot 03/15/2022, said point being the POINT OF BEGINNING; thence along the northern line of Rebecca J. and James P Davidson as recorded in db 1207 pg 878 N 87 Deg 43 Min 04 Sec W, a distance of 900.00' to a 1" EIP flush with ground; thence along a line with A&M Farms N 04 Deg 05 Min 28 Sec E, a distance of 931.27' to an ECM 1" above ground; thence along the southern line of James and Carolyn Jones as recorded in db 2699 pg 670 and pb 2009 pg 747 S 86 Deg 47 Min 28 Sec E, a distance of 851.79' an existing rebar 4" above ground; thence continuing along said line S 86 Deg 45 Min 48 Sec E, a distance of 48.21' and No. 4 rebar set flush; thence along a new line with Ernest G. Long S 04 Deg 06 Min 45 Sec W, a distance of 916.70' to the POINT OF BEGINNING; said described tract containing 19.08 Acres. TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com ORDINANCE FY2023-19 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF LILLINGTON, NORTH CAROLINA WHEREAS, the Town of Lillington Governing Board has received a petition under G.S. 160A-58.1 for non-contiguous satellite annexation of the area described below; and WHEREAS, the Governing Board has by Resolution No. 2023-11 directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, the Town Clerk has certified the sufficiency of said petition and the Governing Board adopted Resolution No. 2023-12 fixing a date of public hearing. By authority granted by G.S. 160A-58.2, a public hearing on the question of this annexation was held at the Lillington Town Hall at 6:00 o’clock, P.M. on the 10th day of January, 2023, after due notice by publication on the 30th of December, 2022; and WHEREAS, the Governing Board does hereby find as a fact that the petition meets the requirements of G.S. 160A-58.1, as amended BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that: Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described non-contiguous territory is hereby annexed and made part of the Town of Lillington, as of January 10, 2023. The area proposed for annexation are described as follows: Beginning at the most eastern point of the A and M farms tract said point being a number 4 rebar a common corner with Campbell University and David and Joy Milton), said point being N 22 Deg 46 Min 30 Sec E 928.05’ from NCGS Monument Highland said monument having NCGS coordinates (NSRS 2011) of N=603410.30’ and E=2074402.93’said point being the POINT OF BEGINNING ; thence along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 656.54'to a point on the eastern right of way of Johnson Farm Road; thence S 21 Deg 05 Min 55 Sec W, a distance of 41.55'to a point in center of Johnson Farm Rd; thence S 21 Deg 05 Min 55 Sec W, a distance of 43.95' to the Western right of way of Johnson Farm Rd; thence continuing along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 197.48' to the Northern Right of Way of US 421: thence along the Northern right of way US 421 with a curve the point of curvature of a non-tangent curve, concave to the south, having a radius of 11566.16' a central angle of 01 Deg 02 Min 59 Sec, and a chord of 211.87' bearing S 85 Deg 09 Min 58 Sec W; thence West along said curve, a distance of 211.88'; thence continuing along said right of way of US 421 S 84 Deg 38 Min 28 Sec W, a distance of 1511.46' to a point the point of curvature of a tangent curve, concave to the north, having a radius of 5870.00' and a central angle of 04 Deg 01 Min 35 Sec; thence West along said curve, a distance of 412.51', curving to the Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com right; thence leaving said right of way of US 421 along a line with Glen W. Johnson N 01 Deg 24 Min 30 Sec W, a distance of 1188.09'; thence along the Northern line of Glen W. Johnson S 88 Deg 35 Min 30 Sec W, a distance of 821.49' to Rebar set in Creek; thence along the eastern line of Dale Webb to a 2” Eip with No. 5 rebar in center N 22 Deg 19 Min 18 Sec W, a distance of 286.14'; thence along a line with William A. Sawyer N 11 Deg 52 Min 07 Sec W, a distance of 560.45' to an existing concrete monument 6” above the ground; thence continuing along another line with William A. Sawyer N 06 Deg 52 Min 02 Sec W, a distance of 415.28' to a Found No. 5 rebar (bent); thence along a line with Betsy Warren N 06 Deg 57 Min 39 Sec W, a distance of 539.99' to and existing concrete monument 5” above ground; thence along another line with Betsy Warren N 48 Deg 54 Min 52 Sec W, a distance of 182.05' 2” existing iron pipe 4” above water; thence along a line with Annie L Gainey to an existing concrete monument as called for in PB 2013 Pg 156 N 48 Deg 54 Min 52 Sec W, a distance of 670.59'; thence along the southern line of John T Johnson S 87 Deg 38 Min 36 Sec E, a distance of 492.13' to an Existing Concrete Monument at edge of water; thence continuing along the John T Johnson line S 87 Deg 38 Min 36 Sec E, a distance of 1679.26' to the Western right of way of Johnson Farm Road; thence S 87 Deg 28 Min 55 Sec E, a distance of 36.08' to the center of Johnson Farm Road; thence along the center of Johnson Farm Road S 31 Deg 47 Min 38 Sec E, a distance of 372.53' to the center of Tysinger Road; thence continuing along the center of Tysinger Rd the following calls N 70 Deg 23 Min 14 Sec E, a distance of 45.84' to the point of curvature of a tangent curve, concave to the south, having a radius of 2250.00' and a central angle of 03 Deg 23 Min 19 Sec; thence East along said curve, a distance of 133.07', curving to the right; thence N 73 Deg 46 Min 33 Sec E, a distance of 82.83' to the point of curvature of a tangent curve, concave to the north, having a radius of 950.00' and a central angle of 10 Deg 17 Min 56 Sec; thence East along said curve, a distance of 170.76', curving to the left; thence N 63 Deg 28 Min 37 Sec E, a distance of 210.65' to the point of curvature of a tangent curve, concave to the northwest, having a radius of 675.00' and a central angle of 07 Deg 34 Min 03 Sec; thence Northeast along said curve, a distance of 89.15', curving to the left; thence leaving the centerline of Tysinger Road S 87 Deg 37 Min 53 Sec E, a distance of 48.65' to a Number 4 rebar found on the right of way; thence along a line with James and Carolyn Jones S 87 Deg 37 Min 53 Sec E, a distance of 40.61' to an existing concrete monument; thence a line with James and Carolyn Jones S 01 Deg 36 Min 07 Sec W, a distance of 223.73' to a number 4 rebar at base of a 1 ¼” Eip; thence along the southern line with James and Carolyn Jones S 86 Deg 18 Min 43 Sec E, a distance of 11.19' to an existing concrete monument 2” above ground; thence along a line with Ernest G. Lone S 04 Deg 05 Min 28 Sec W, a distance of 931.27' to a 1” existing iron pipe; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 211.57' to the eastern right of way of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to a point in center of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to the western right of way of Johnson Farm Road; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 99.91'; thence N 80 Deg 57 Min 22 Sec E, a distance of 53.59' to a point on the western right of way of Johnson Pond Road; thence N 80 Deg 57 Min 22 Sec E, a distance of 32.53' to the center of Johnson Pond Road; thence along the center of Johnson Pond Road the following calls S 31 Deg 47 Min 16 Sec E, a distance of 420.27'; thence S 31 Deg 46 Min 45 Sec E, a distance of 217.95'; thence S 31 Deg 18 Min 15 Sec E, a distance of 205.87'; thence leaving the center of Johnson Farm Road N 58 Deg 23 Min 26 Sec E, a distance of 30.69' to the eastern right of way of Johnson Pond Road; thence along a line with along the southern line of David and Judy Milton N 58 Deg 23 Min 26 Sec E, a distance of 267.75' to a point in the branch; thence along said branch the following calls S 74 Deg 00 Min 23 Sec E, a distance of 46.63'; thence S 67 Deg 48 Min 42 Sec E, a distance of 173.70'; thence S 56 Deg 58 Min 25 Sec E, a distance of 35.39'; thence S 71 Deg 19 Min 25 Sec E, a distance of 82.30'; thence S 55 Deg 55 Min 03 Sec E, a distance of 73.03': thence S 89 Deg 56 Min 25 Sec E, a distance of 22.88'; to the POINT OF BEGINNING; said described tract containing 184.31 acres. See map entitled Forsyth Investments Company LLC by Alsey J. Gilbert PLS Dated 03/24/2022. Beginning at a new point in the southern line of Ernest G Long and northern line of Rebecca and James Davidson, said point being located N 87 Deg 43 Min 04 Sec W 1030.68' from an existing concrete Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com monument being the northeastern corner of Rebecca and James Davidson and also being N 18 Deg 25 Min 39 Sec w 2072.04' from NCGS Highland having NSRS 2011 coordinates of N=603410.30' and E=2074402.94' as shot 03/15/2022, said point being the POINT OF BEGINNING; thence along the northern line of Rebecca J. and James P Davidson as recorded in db 1207 pg 878 N 87 Deg 43 Min 04 Sec W, a distance of 900.00' to a 1" EIP flush with ground; thence along a line with A&M Farms N 04 Deg 05 Min 28 Sec E, a distance of 931.27' to an ECM 1" above ground; thence along the southern line of James and Carolyn Jones as recorded in db 2699 pg 670 and pb 2009 pg 747 S 86 Deg 47 Min 28 Sec E, a distance of 851.79' an existing rebar 4" above ground; thence continuing along said line S 86 Deg 45 Min 48 Sec E, a distance of 48.21' and No. 4 rebar set flush; thence along a new line with Ernest G. Long S 04 Deg 06 Min 45 Sec W, a distance of 916.70' to the POINT OF BEGINNING; said described tract containing 19.08 Acres. Annexation Map Recorded in Map Book _______ - _______ Section 2. Upon and after January 10, 2023, the above-described territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in the Town of Lillington and shall be entitled to the same privileges and benefits as other parts of the Town of Lillington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10. Section 3. The Mayor of the Town of Lillington shall cause to be recorded in the office of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Harnett County Board of Elections, as required by G.S. 163-288.1. Adopted this 10th day of January, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk APPROVED AS TO FORM: Tony Buzzard, Town Attorney AGENDA ITEM SUMMARY Date of Meeting: January 10, 2023 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Consideration of Zoning Assignment for 203.39 acres located on US 421 S and Johnson Farm Rd. being PIN(s) #: 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670-45-2886.000. ITEM SUMMARY Discuss and Consider Zoning Assignment for 203.39 acres located on US 421 S and Johnson Farm Rd. being PIN(s) #: 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670-45-2886.000. RECOMMENDED ACTION Approve Consideration of Zoning Assignment for 203.39 acres located on US 421 S and Johnson Farm Rd. being PIN(s) #: 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670- 45-2886.000. Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to General Business (GB), Residential Mixed Use (RMX), and Facilities, Recreation and Open Space (FRO) is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area. Therefore, the ordinance for the zoning assignment request be Approved. The requested zoning assignment to General Business (GB), Residential Mixed Use (RMX), and Facilities, Recreation and Open Space (FRO) is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare as stated in the evaluation. Therefore, the ordinance for the zoning assignment request be Denied. AGENDA ITEM #7-7A Rezoning Application (rev. 3.10.21) Page 1 of 3 TOWN OF LILLINGTON REZONING APPLICATION Planning & Inspections Department 102 East Front Street, PO Box 296 Lillington NC 27546 ● phone 910-893-0311 ●fax 910-893-3693 lillingtonnc.org PROCESS INFORMATION: ________________________________________________________________ Submission Requirement: A petition for a rezoning (conventional or conditional zoning district) to the Town's official zoning map shall be filed with the Administrator. Such petition shall contain all the information required on this form and must be determined to be complete by the Administrator prior to advancing it through the review process. Public Notification: This is a legislative process that requires a public hearing and public notification. General notice in newspaper and mailed notice to adjacent property owners shall be required. Review Process: Per Section 7 of the Lillington Unified Development Ordinance (UDO), all applications are to be reviewed for compliance by the Administrator and then forwarded for to the Planning Board (review) and Board of Commissioners (decision) for consideration. Conventional Rezoning Requests: These are “general” requests involving a zoning change to an individual parcel of land. The request is to amend or change the Town’s Official Zoning Map in a certain area from one zoning district to another. “Conventional” rezoning requests are not specific and if approved, any permitted land use within the new zoning district as illustrated in the Section 3.01.5 (Use Table) of the Lillington UDO could be permitted. Conditional Zoning District Requests: Conditional Zoning Districts (CZ) are districts with conditions voluntarily added by the applicant and approved in in accordance with NCGS 160D‐703. Conditional Zoning Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by‐right development. Conditional zoning districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure. Conditional zoning districts can include restrictive land uses, site/subdivision master plans and other information as described in Section 7.11 of the UDO. FILING INSTRUCTIONS: _________________________________________________________________ _____ Every applicant for a rezoning is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application. _____ A petitioner must complete this application in full. This application will not be processed unless all information requested is provided. _____ The filing fee. * Town of Lillington fees and charges are subject to change without notice. _____ Each application shall be accompanied by, at minimum, an accurate survey of the subject property, an Existing Conditions Map and Master Plan per Section 7.02.4 of the UDO. _____ The petitioner, or his duly authorized agent, shall submit with the application a list of all adjoining property owners of the proposed request, with the current mailing address of each. These adjoining property owners will be notified of the proposed request by the Planning & Inspections Department. _____ The application must be signed by the owner or by an authorized agent of the property. Rezoning Application (rev. 3.10.21) Page 2 of 3 GENERAL PROJECT INFORMATION: Project Address / Location: Zoning District: Size of Property (in acres): Harnett Co. Tax PIN #: Proposed Building Square Footage: ___________ Town Jurisdiction: _____ In-Town Limits _____ ETJ Existing land use/zoning on adjoining properties: North: _____________________________________________________ South: _____________________________________________________ East: _____________________________________________________ West: _____________________________________________________ APPLICANT INFORMATION: Applicant: Address: City: State: Zip: Phone: Email: Property Owner (if different from applicant): Address: City: State: Zip: Phone: Email: REZONING REQUEST: ______ _____ Conventional (General) _____ Conditional Zoning District Existing Zoning Classification: ________________________________________________________________________ Proposed Zoning Classification: ________________________________________________________________________ If the request is to a Conditional Zoning District, this application should be accompanied by a master plan that includes land use, existing conditions, buildings, lots, etc. per Section 7 of the Lillington UDO. In addition, please provide a narrative of the proposed use and list any proposed conditions: Proposed Land Use: _________________________________________________________________________________ __________________________________________________________________________________________________ Proposed Conditions Offered by Applicant: ______________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ 178.67 ac. A&M Tract (Per Co. GIS) S 23°00'00" WS 62 ° 0 0 ' 0 0 " E S 74°15' 0 0 " E 1009.80'673. 2 0 ' S 69°00' 0 0 " W N 84°45'00" W N 18°00'00" ES 87°00'00" ES 02°00'00" WN 87°00'00" W N 15°45'00" E963.60' 359.04'415.80'1016.40'462.00'1148.40'462.00'TOTAL AREA (INCLUDING R/W) 184.31 acres 8028585.97 sq ft 4.27 acres in right of way NET 180.04 ACRES BARN DORIS M TYSINGER DB 494 PG 215 WW P N 48°5 4' 5 2" W 182.0 5' ECM5" ABOVEGROUND 2" EIPWITH NO. 5 REBAR IN CENTER 1188.09'FENCE RUNS ALONG PROPERTY LINENO.4 REBAR SET FLUSH WITH GROUND C5 NO.4 REBAR SET FLUSH WITH GROUND S 88°35'30" W 1/2 " EIS 2" BELOW GROUND NO. 4 REBAR SET AT POINTERS AT CREEK N 86°45'44" E 45.85' DALE & NELLIE WEBBDB 2102 PG 120 ECM 14" ABOVEGROUND FENCE IS 0.71' ONTOPROPERTY N 01°24'30" WN 62°0 1' 3 2" E 335.42' 821.49' ECM 2" ABOVE GROUND GLEN W. JOHNSON DB 1086 PG 48 PC C SLIDE 94C TIE LIN E O N L Y APPROXIMATE 100 YEAR FLOOD PLAIN AS TAKEN FROM MAP NUMBER3720066000J ASADOPTED 10-03-2006 N 11°52'07" W560.45' N 22°19'18" W 286.14' POND WILLIAM A. SAWYER & PAULETTE P. SAWYER DB 3266 PG 638 PC E SLIDE 79D ECM 6" ABOVE GROUND WETLANDS AREA ON WEST SIDE OF ROAD INCLUDING RIGHT OF WAY 166.01 acres7231379.15 sq ft BARNS P N 06°52'02" W415.28'NO. 5 REBAR(BENT)NAIL AT BASEN 06°57'39" W539.99' BETSY S. WARREN DB 933 PG 62 PC E SLIDE 92B WETLANDS PWELL HOUSE P SILOS BARN P BARN P WETLANDS BETWEEN MONUMENT AND DITCH JOHN T. JOHNSON JR. DB 3146 PG 132 PB 2013 PG 156 N 4 8 ° 5 4 ' 5 2 " W PO R T I O N N O T AC C E S S I B L E D U E TO B E A V E R P O N D S 87°38'36" E 67 0 . 5 9 ' COMPUTED LOCATIONOF ECM AS SHOWN INPC E SLIDE 92BAND PB 2013 PG 156 ANNIE LEE GAINEY DB 933 PG 60 PC E SLIDE 92B 2" EIP4" ABOVEWATER 772' 492.13' EXISTING CONCRETE MONUMENT 4" ABOVEGROUND 485' BETWEEN DITCHES103' BETWEEN DITCHES S 87°38'36" E 1679.26'WE T L AN DS POND DITCHWETLANDS DITCH 1/2 EIP BENTNAIL AT BASEP DITCHBARN S 87°28'55" E 36.08'S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' P EXISTING MAG NAIL N 87°36'16" W 27.03'POND EXISTING COTTON SPINDLE BROKEN CONCRETE MONUMENT N 64°01'07" E AREA OF THIS PORTION INCLUDING RIGHT OF WAY 6.07 acres264441.37 sq ft BARN P S 3 1 ° 3 5 ' 0 0 " E US 421 VARIABLE R/W S 84°38'28" W 1511.46' US 421 WEST BOUND LA N E P NO.4 REBAR SET FLUSH WITH GROUNDNO.4 REBARSET FLUSHWITH GROUND C4 N 21°05'55" E 197.48' 6 9 5 . 4 7 ' BARNSP N 80°24'46" E APPROXIMATE ENDOF WATER LINE S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMSPB 2000 PG 773 S 31°18'15" E 217.95' 205.87' EXISTING MAG NAIL P P P POND6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND S 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' NO.4 REBAR3" BELOW ASPHALT P N 58° 2 3' 2 6" E NO. 4 REBAR FLUSH WITHGROUND N 58°23'26" E 30.69' 267.7 5' CEMETERY Lot 4 P NAIL AT BASE OF BENT 1 1/4 EIP (BENT) S 74°00'23" E S 64° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTON DB 1464 PG 281 PB 2000 PG 773PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE 656.54'COMBINED FACTOR 0 .99987271 NCGS "HIGHLAND" NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30'E=2074402.93' PUBLISHED COORDINATES NAD 83 (2001) N=603410.31' E=2074402.94'S 21°05'55" WN 21°05'55" E N 21°05'55" E N 22 °46 '30 " W928.05 ' 43.95' 41.55'TIE L INE ONLY CAMPBELL UNIVERSITY DB 561 PG 09PB 7 PG 49 S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OF ECM MENTIONED IN PB 2000 PG 773 REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 JAMES AND CAROLYN JONESDB 2699 PG 670PB 2009 PG 747 AREA OF THIS PORTION INCLUDING RIGHT OF WAY 12.23 acres 532765.46 sq ft ERNEST G. LONGDB 3168 PG 535 PB 2013 PG 319 SEE LINE SHOWN IN PB 2013 PG 319P JOHNSON FARM ROAD 6 0 ' PU B L IC R /W 1" EIP FLUSH WITH GROUND P S 02°07'08" E S 02°07'08" E S 02°07'08" E 99.91' 60.64' P N 80°57'22" E N 80°57'22" E 60.64' 32.53' 53.59' S 02°07'08" E 211.57' P WELL HOUSE BARN S 3 1 ° 4 6 ' 2 0 " E S 04°05'28" W1 3 5 0 . 7 5 ' 6" P VC W ATE R L INEN 6 3 ° 28 '3 7 " E N 87°37'53" W NO. 4 REBARAT BASE OF 1 1/4" EIPN 7 3 ° 46 ' 3 3 " E210 . 65 ' FIRE HYDRANT 82 . 8 3 ' P S 87°37'53" E C2 N 70°23'14 " E 45.84' 843.49' C1 JOHN T. JOHNSON DB 2016 PG 980 PB 2002 PG 447 P N 87°37'53" W 40.61' 48.65' ECM 2"ABOVE GROUNDS 01°36'07" W S 86°18'43" E 931.27'223.73' 11.19' C3 HOUSE ECM 1" ABOVE GROUND P S 02°23'27" W 32.79' NO.4 REBAR (BENT) NAIL SET AT BASE P PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISIONFROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded in db 685 pg 403 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS 24TH DAY OF MARCH AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 LN A NILORACHTRO ROE YVRUSDNAL AONISSEFORP SEAL L-3701 TREBLIGJ.YESL A N 58°2 3' 2 6" E S 3 1 ° 3 5 ' 0 0 " EL4 L2CEMETERY 6 9 5 . 4 7 ' INSET L3 30.69' N 58°23'26" E 267.7 5' L5 T IE L INE ON LY L 1 NAIL ATBASE OF BENT 1 1/4 EIP (BENT) NO. 4 REBAR FLUSH WITHGROUND 46.63' S 74°00'23" E 3/24/2022 AJG ________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. ________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THAT IS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING: 1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE. 3. THAT THE SURVEY IS A CONTROL SURVEY.________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYOR IS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONAL ABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR BARN I________________________________REVIEW OFFICER OF HARNETT COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING ________________________________________________________ REVIEW OFFICER _______________________ DATE VICINITY MAP NTS ........GEODECTIC MONUMENT POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" WNEILLS CREEK RDJOHNSON FARM RDD US 421 SITE LESLIE CAMPBELL AVE TYSINGER RD Id L1 L2 L3 L4 L5 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W Distance 175.18' 12.04' 11.07' 11.70' 11.32' 0 300 600 900 1200 1500 Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" W NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED SURVEY FOR: SEE INSET ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 685 PG 403 FIRST AND TWELTH TRACT AND A SMALL 1.2 ACRE TRACT IN DB 1464 PG 284 SCALE 1"=300' DATE 03/24/2022 NEILL'S CREEK TWP HARNETT CO NC FORSYTH INVESTMENTS COMPANY, LLC OWNER AT TIME OF SURVEY A AND M FARMS INC C/O W.M. JOHNSON PO BOX 69 LILLINGTON NC 27546 Harnett County GIS Ha r n ett GI S Surrounding County Boundaries City Limits County Boundary Fire Hydrants Fire Hydrants Force Main Gravity Service Laterals StepFM Sewer Main Force Main Lillington Sewer 0 1,300 2,600650Feet 1 inch = 1,505 feet ² November 3, 2022NOT FOR LEGAL USE .GIS/E-911 Addressing ParcelID PIN PID REID Owners Owner1 Owner2 MailingAddress 7589583 0670-17-6318.000 110670 0309 17050 JOHNSON LEWIS DAVID JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS DAVID JR JOHNSON JONATHAN MURRAY 4005 DAYTONA DR FAYETTEVILLE, NC 28311 7596259 0670-16-3898.000 110670 0311 16710 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7537226 0670-26-3878.000 110670 0310 16957 JOHNSON JOHN T JR JOHNSON JOHN T JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7575340 0670-27-2299.000 110670 0310 01 57611 JOHNSON LEWIS D JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS D JR JOHNSON JONATHAN MURRAY 4005 DAYTONA RD FAYETTEVILLE, NC 28311 0670-36-3840.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 0670-17-5272.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7537229 0670-07-4367.000 110670 0311 01 80526 JOHNSON LEWIS DAVID JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS DAVID JR JOHNSON JONATHAN MURRAY 4005 DAYTONA DR FAYETTEVILLE, NC 28311 7588962 0670-15-7985.000 110670 0407 3 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7605990 0670-26-3418.000 110670 0314 34961 TYSINGER DIANA LOCKE TYSINGER DIANA LOCKE 905 W 2ND ST ROANOKE RAPID, NC 27870-1620 7558111 0670-26-0710.000 110670 0313 16974 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7592729 0670-24-2289.000 110670 0407 01 52636 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7595819 0660-95-1776.000 110660 0076 11349 GAINEY STEPHEN & GAINEY ANN GAINEY STEPHEN GAINEY ANN 442 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7588795 0660-86-9357.000 110660 0101 37220 WILBURN SHEILA GALE WILBURN SHEILA GALE 2792 NC 210 NORTH LILLINGTON, NC 27546-0000 7595818 0660-96-6107.000 110660 0074 01 11331 GAINEY ANNIE LEE S GAINEY ANNIE LEE S 442 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7556390 0660-87-6095.000 110660 0079 25674 WEST CHRIS T & WEST AUDRA L WEST CHRIS T WEST AUDRA L 620 NEILLS CREEK RD LILLINGTON, NC 27546-8109 7589500 0660-96-0034.000 110660 0077 13312 HAMILTON DAVID E & WANCKEL TERRI ANN HAMILTON DAVID E WANCKEL TERRI ANN 470 NEILLS CREEK RD LILLINGTON, NC 27546 7571932 0660-87-9291.000 110660 0079 03 57774 KAY ADA EVELYN & SUTTON JEFFREY ALLAN KAY ADA EVELYN SUTTON JEFFREY ALLAN 601 CRIMSON OAK LN FUQUAY VARINA, NC 27526 7556372 0670-05-0649.000 110660 0074 03 35699 WARREN BETSY S WARREN BETSY S 322 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7598594 0660-87-9349.000 110660 0079 02 57773 WHITEHEAD CHARLES E & WHITEHEAD HEATHER M WHITEHEAD CHARLES E WHITEHEAD HEATHER M 34 RAINDROP CIRCLE ANGIER, NC 27501-0000 7539538 0660-94-8974.000 110660 0074 29197 SAWYER WILLIAM A & SAWYER PAULETTE P SAWYER WILLIAM A SAWYER PAULETTE P 306 ARRUNDALE DR CARY, NC 27511 7592723 0670-34-9684.000 110670 0318 23553 MILTON DAVID & MILTON JUDY MILTON DAVID MILTON JUDY 330 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7540046 0670-35-8139.000 110670 0315 01 39786 DAVIDSON REBECCA J & DAVIDSON JAMES P DAVIDSON REBECCA J DAVIDSON JAMES P 364 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7595965 0670-45-2886.000 110670 0322 19736 LONG ERNEST GORDON LONG ERNEST GORDON PO BOX 2327 LILLINGTON, NC 27546 7543944 0660-95-4265.000 110660 0102 35700 WARREN BETSY S WARREN BETSY S 322 NEILLS CREEK RD LILLINGTON, NC 27546-0000 7556449 0660-93-9736.000 110660 0087 22885 RYALS DONALD & RYALS CARMEN RYALS DONALD RYALS CARMEN PO BOX 235 ERWIN, NC 28339 7558223 0670-13-4813.000 110670 0400 17338 JOHNSON W GLENN JOHNSON W GLENN P O BOX 1700 BUIES CREEK, NC 27506-0000 7556493 0670-13-0850.000 110660 0167 17337 JOHNSON W GLENN JOHNSON W GLENN P O BOX 1700 BUIES CREEK, NC 27506-0000 7558253 0670-04-3021.000 11067001 0051 22551 WEBB DALE SR & HOSKINS NELLIE MCLEAN HEIRS WEBB DALE SR HOSKINS NELLIE MCLEAN HEIRS 9325 ALL SAINTS RD LAUREL, MD 20723-1703 7598554 0670-53-1737.000 110670 0264 5858 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7526497 0670-42-0909.000 110670 0300 14809 SEAT OF OUR PANTS PROPERTIES LLC SEAT OF OUR PANTS PROPERTIES LLC 3120 DOULTON LN FUQUAY VARINA, NC 27526 7579279 0670-42-4899.000 11067003 9002 62674 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7578917 0670-32-8673.000 110670 0297 19619 LLOYD FRANCES L LLOYD FRANCES L PO BOX 113 BUIES CREEK, NC 27506 7578844 0670-43-4125.000 110660 0160 23851 CRABTREE ROBERT H CRABTREE ROBERT H 3516 PINEY GROVE WILBON RD FUQUAY VARINA, NC 27526 7558123 0670-34-5476.000 110670 0318 01 59826 MILTON KENNETH E & MILTON SHARON L MILTON KENNETH E MILTON SHARON L PO BOX 1643 BUIES CREEK, NC 27506-0000 7578853 0670-42-0623.000 110670 0269 29694 CROOKS JOHN T CROOKS JOHN T 20 WALLACE LN LILLINGTON, NC 27546-7665 7539591 0670-43-0436.000 11067003 9000 62671 HARNETT COUNTY HISTORICAL SOCIETY FOUNDATION INC HARNETT COUNTY HISTORICAL SOCIETY FOUNDATION INC PO BOX 97 BUIES CREEK, NC 27506-0000 7578847 0670-33-9193.000 110670 0192 27364 WALKER JEFFREY WAYNE & WALKER CRAMER WALKER JEFFREY WAYNE WALKER CRAMER 25 PEARSON RD LILLINGTON, NC 27546-0000 7578849 0670-43-2135.000 110670 0193 9634 DUTTON PATRICIA PEARCE DUTTON PATRICIA PEARCE P O BOX 3894 BUIES CREEK, NC 27506-3894 7536039 0579-38-4946.000 11057901 0021 54297 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7591766 0670-43-1125.000 110670 0368 14810 DUTTON PATRICIA PEARCE DUTTON PATRICIA PEARCE PO BOX 3894 BUIES CREEK, NC 27506 7578857 0670-42-2536.000 110670 0271 3126 BLANCHARD BRANTLEY R BLANCHARD BRANTLEY R PO BOX 304 BUIES CREEK, NC 27506-0000 7578872 0670-32-9466.000 110670 0280 4576 BUNTING CAROLYN E BUNTING CAROLYN E 214 MORREENE RD DURHAM, NC 27705-0000 7597387 0670-32-9702.000 110670 0298 20443 MARTIN JAMES INGRAM SR MARTIN JAMES INGRAM SR PO BOX 392 BUIES CREEK, NC 27506-0392 7578854 0670-42-1519.000 110670 0270 18065 DEVANE STEPHEN MILTON & DEVANE CHERRY G DEVANE STEPHEN MILTON DEVANE CHERRY G 68 POWELL DR LILLINGTON, NC 27546-0000 7592034 0670-43-3135.000 110660 0161 9633 DUTTON PATRICIA PEARCE DUTTON PATRICIA PEARCE P O BOX 3894 BUIES CREEK, NC 27506-3894 7578814 0670-32-8534.000 110670 0296 21226 LEWIS CANDICE KNOX & LEWIS JONATHAN LEWIS CANDICE KNOX LEWIS JONATHAN 21 BURKOT RD LILLINGTON, NC 27546-6600 7506015 0670-32-9858.000 110670 0299 24644 KELSTER PROPERTIES LLC KELSTER PROPERTIES LLC 618 PINEKNOLL DR SANFORD, NC 27330-7208 7578850 0670-43-5175.000 110670 0194 18437 LAMM CATHERINE w LAMM CATHERINE w PO BOX 755 LILLINGTON, NC 27546 0650-96-8332.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 Rezoning Application (rev. 3.10.21) Page 1 of 3 TOWN OF LILLINGTON REZONING APPLICATION Planning & Inspections Department 102 East Front Street, PO Box 296 Lillington NC 27546 ● phone 910-893-0311 ●fax 910-893-3693 lillingtonnc.org PROCESS INFORMATION: ________________________________________________________________ Submission Requirement: A petition for a rezoning (conventional or conditional zoning district) to the Town's official zoning map shall be filed with the Administrator. Such petition shall contain all the information required on this form and must be determined to be complete by the Administrator prior to advancing it through the review process. Public Notification: This is a legislative process that requires a public hearing and public notification. General notice in newspaper and mailed notice to adjacent property owners shall be required. Review Process: Per Section 7 of the Lillington Unified Development Ordinance (UDO), all applications are to be reviewed for compliance by the Administrator and then forwarded for to the Planning Board (review) and Board of Commissioners (decision) for consideration. Conventional Rezoning Requests: These are “general” requests involving a zoning change to an individual parcel of land. The request is to amend or change the Town’s Official Zoning Map in a certain area from one zoning district to another. “Conventional” rezoning requests are not specific and if approved, any permitted land use within the new zoning district as illustrated in the Section 3.01.5 (Use Table) of the Lillington UDO could be permitted. Conditional Zoning District Requests: Conditional Zoning Districts (CZ) are districts with conditions voluntarily added by the applicant and approved in in accordance with NCGS 160D‐703. Conditional Zoning Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by‐right development. Conditional zoning districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure. Conditional zoning districts can include restrictive land uses, site/subdivision master plans and other information as described in Section 7.11 of the UDO. FILING INSTRUCTIONS: _________________________________________________________________ _____ Every applicant for a rezoning is required to meet with the Administrator in a pre-application conference prior to the submittal of a formal application. The purposes of this conference are to provide additional information regarding the review process and assistance in the preparation of the application. _____ A petitioner must complete this application in full. This application will not be processed unless all information requested is provided. _____ The filing fee. * Town of Lillington fees and charges are subject to change without notice. _____ Each application shall be accompanied by, at minimum, an accurate survey of the subject property, an Existing Conditions Map and Master Plan per Section 7.02.4 of the UDO. _____ The petitioner, or his duly authorized agent, shall submit with the application a list of all adjoining property owners of the proposed request, with the current mailing address of each. These adjoining property owners will be notified of the proposed request by the Planning & Inspections Department. _____ The application must be signed by the owner or by an authorized agent of the property. Rezoning Application (rev. 3.10.21) Page 2 of 3 GENERAL PROJECT INFORMATION: Project Address / Location: Zoning District: Size of Property (in acres): Harnett Co. Tax PIN #: Proposed Building Square Footage: ___________ Town Jurisdiction: _____ In-Town Limits _____ ETJ Existing land use/zoning on adjoining properties: North: _____________________________________________________ South: _____________________________________________________ East: _____________________________________________________ West: _____________________________________________________ APPLICANT INFORMATION: Applicant: Address: City: State: Zip: Phone: Email: Property Owner (if different from applicant): Address: City: State: Zip: Phone: Email: REZONING REQUEST: ______ _____ Conventional (General) _____ Conditional Zoning District Existing Zoning Classification: ________________________________________________________________________ Proposed Zoning Classification: ________________________________________________________________________ If the request is to a Conditional Zoning District, this application should be accompanied by a master plan that includes land use, existing conditions, buildings, lots, etc. per Section 7 of the Lillington UDO. In addition, please provide a narrative of the proposed use and list any proposed conditions: Proposed Land Use: _________________________________________________________________________________ __________________________________________________________________________________________________ Proposed Conditions Offered by Applicant: ______________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ PRELIMINARY PLAT: NOT FOR RECORDATION, SALES OR CONVEYANCES Certification of Approval for Recording I certify that the map or plat to which this certification is affixed meets all requirements of the Town of Lillington Unified Development Ordinance.___________________________________ ____________________ Administrator Date Certificate of Ownership and Dedication. I hereby certify that I am the owner of the property shown and described hereon, which is in the subdivision jurisdiction of the Town of Lillington and that I hereby adopt this plan of subdivision with my free consent and establish minimum building setback lines and dedicate all streets, alleys, walks, parks and other sites and easementsto public or private as noted. ___________________________________ ____________________ Owner(s) TOTAL AREA (INCLUDING R/W) 184.31 acres 8028585.97 sq ft 4.27 acres in right of way NET 180.04 ACRES DORIS M TYSINGERDB 494 PG 215 WW P SILOS BARN BARN P 1/2 EIP BENTNAIL AT BASE P EXISTING MAG NAIL S 3 1 ° 4 7 ' 3 8 " E 3 7 2 . 5 3 ' N 87°36'16" W 27.03' EXISTING COTTONSPINDLE N 64°01'07" E AREA OF THISPORTION INCLUDINGRIGHT OF WAY 6.07 acres 264441.37 sq ft S 3 1 ° 3 5 ' 0 0 " E BARN APPROXIMATE ENDOF WATER LINES 3 1 ° 4 7 ' 1 6 " E 4 2 0 . 2 7 ' S 31°18'15" E 205.87' EXISTINGMAG NAIL S 31°46'45" E SEE DB 1464 PG 284FOR DEED TO A&M FARMS PB 2000 PG 773 217.95' P P 6.68' TIE LINE ONLY 2" EIP 12" ABOVE GROUND PONDNO.4 REBAR 3" BELOW ASPHALT P P NO. 4 REBARFLUSH WITHGROUND N 58°23'26" E CEMETERY N 58°2 3' 2 6" E 267.75' Lot 4 P 30.69' NAIL ATBASE OF BENT 1 1/4 EIP (BENT) N 80°24'46" E S 74°00'23" E S 64 ° 0 3 ' 0 4 " E 463.61' 46.63' 262. 2 3 ' EIP TIE LINE ONLY KENNETH & SHARON MITCHELLDB 1977 PG 417 PB 2004 PG 842 DAVID & JUDY MILTONDB 1464 PG 281 PB 2000 PG 773 PB 2004 PG 842 3/4' EIP (BENT) NAIL AT BASE S 89°56'25" E S 55°55'03" E S 71°19'25" E S 56°58'25" E S 67°48'42" E 22.88' 73.03' 82.30' 35.39' 173.70' NO. 4 REBAR SETAT LOCATION OFECM MENTIONED IN PB 2000 PG 773 REBECCA J & JAMES P DAVIDSON DB 1207 PG 878 JAMES AND CAROLYN JONES DB 2699 PG 670 PB 2009 PG 747 931.27'SEE LINE SHOWN IN PB 2013 PG 319P 1" EIP FLUSH WITH GROUND P 1 3 5 0 . 7 5 ' JOHNSON FARM ROAD 6 0 ' PUB L IC R /W 6 " P VC W A TER L IN E S 02°07'08" E S 02°07'08" E 99.91' 60.64' P HOUSE BARN WELL S 3 1 ° 4 6 ' 2 0 " E P S 02°07'08" E N 80°57'22" E N 80°57'22" E S 02°07'08" E 60.64' 32.53' 53.59' 211.57' N 87°43'04" W 900.00' SOIL PATHN 04°05'28" ENEW TRACT 19.08 acres 831337.18 sq ft A&M FARMS DB 685 PG 403N 73 °4 6 ' 3 3 " E 82 .8 3 ' C1 FIRE HYDRANT P P S 86°47'28" E 851.79' NO. 4 REBARAT BASE OF 1 1/4" EIP ECM 1" ABOVE GROUND N 63°28' 3 7" E N 87°37'53" W N 87°37'53" W 210.65' 40.61' N 70°23'14 " E S 87°37'53" E 45.84' 48.65' 843.49' C2 JOHN T. JOHNSON DB 2016 PG 980PB 2002 PG 447 P C3 HOUSE P S 01°36'07" W S 86°18'43" E 223.73' 11.19' ECM 2" ABOVEGROUND S 02°23'27" W 32.79' NO.4 REBAR (BENT)NAIL SET AT BASE N 87°43'04" W NCGS "HIGHLAND"NSRS 2011 COORDINATES "AS SHOT" (3/15/2022) N=603410.30' E=2074402.93' PUBLISHED COORDINATESNAD 83 (2001)N=603410.31' E=2074402.94'S 04°06'45" WERNEST G. LONG DB 3168 PG 535 PB 2013 PG 319 N 18°25 '39" W2072.04 ' GR ID DISTANCE WELL S 86°45'48" E 48.21'916.70'SOIL PATH BARN NO. 4 REBAR 4" ABOVE GROUND 1030.68' EXISTING CONCRETE MONUMENT 10/25/2022 AJG________a. THAT THE SURVEY CREATES A SUBDIVISION OF LAND WITHIN THE AREA OF A COUNTY OR MUNICIPALITY THAT HAS AN ORDINANCE THAT REGULATES PARCELS OF LAND. ________b. THAT THE SURVEY IS LOCATED IN A PORTION OF A COUNTY OR MUNICIPALITY THATIS UNREGULATED AS TO AN ORDINANCE THAT REGULATES PARCELS OF LAND.________c. ANY ONE OF THE FOLLOWING:1. THAT THE SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR OR MORE EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN EXISTING STREET. 2. THAT THE SURVEY IS OF AN EXISTING FEATURE SUCH AS A BUILDING OR OTHER STRUCTURE, OR NATURAL FEATURE, SUCH AS A WATERCOURSE.3. THAT THE SURVEY IS A CONTROL SURVEY.________d. THAT THE SURVEY IS OF ANOTHER CATEGORY, SUCH AS THE RECOMBINATION OF EXISTING PARCELS, A COURT ORDERED SURVEY, OR OTHER EXEMPTION OR EXCEPTION TO THE DEFINITION OF SUBDIVISION. ________e. THAT THE INFORMATION AVAILABLE TO THE SURVEYOR IS SUCH THAT THE SURVEYOR IS UNABLE TO MAKE A DETERMINATION TO THE BEST OF THE SURVEYOR'S PROFESSIONALABILITY AS TO PROVISIONS IN (a) THROUGH (d) ABOVE. ________ ____________________________________________________ DATE SURVEYOR I________________________________REVIEW OFFICER OF HARNETT COUNTY, CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING ________________________________________________________ REVIEW OFFICER _______________________ DATE I ALSEY J. GILBERT PLS CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (deed description recorded indb 3168 pg 535 etc.) THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND (SEE REFERENCES ON PLAT) THAT THE RATIO OF PRECISION IS 1:37403 THAT THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE,REGISTRATION NUMBER AND SEAL THIS 25TH DAY OF OCTOBER AD 2022 ___________________________________________________________ ALSEY J. GILBERT PLS REG. NO. L-3701 LN A NILORACHTRO ROE YVRUSDNAL A ONISSEFORP SEAL L-3701 TREBLIGJ.YESL A VICINITY MAP NTS ........GEODECTIC MONUMENT POWER LINENOT SURVEYEDSTREAM (IE WATER COURSE) RIGHT OF WAYPARCEL BOUNDARY RCP...REINFORCED CONCRETE PIPE AREA BY COORDINATE METHODTITLE BY LAWYERPROPERTY SUBJECT TO EASEMENT OF RECORD FEATURE TIE LINE ........COMPUTED POINTC LEGEND:EIP........EXISTING IRON PIPE IPS........IRON PIPE SETEIS........EXISTING IRON STAKEISS........IRON STAKE SETR/W......RIGHT OF WAY PK........PARKER KALON NAILECM......EXISTING CONC MONUMENTCMS......CONCRETE MONUMENT SETF/H........FIRE HYDRANT S .......SEWER CLEAN-OUT T ........TELEPHONE BOX C ........CABLE BOX ........TRANSFORMER W .......WATER METER SSMH.....SANITARY SEWER MANHOLEN/F.........NOW OR FORMERLYBC..........BACK OF CURB SITENEILLS CREEK RDJOHNSON FARM RDD US 421 LESLIE CAMPBELL AVE TYSINGER RD Id L1 L2 L3 L4 L5 Bearing S 32°22'09" E N 16°40'30" W N 73°51'33" E S 17°54'19" E S 72°07'31" W Distance 175.18' 12.04' 11.07' 11.70' 11.32' 0 200 400 600 800 1000 Id C1 C2 C3 C4 C5 Delta 03°23'19" 10°17'56" 07°34'03" 01°02'59" 04°01'35" Radius 2250.00' 950.00' 675.00' 11566.16' 5870.00' Arc Length 133.07' 170.76' 89.15' 211.88' 412.51' Chord 133.05' 170.53' 89.09' 211.87' 412.43' Ch Bear S 72°04'53" W N 68°37'35" E N 59°41'36" E S 85°09'58" W S 86°39'16" W NO. 4 REBARS SET FLUSH AT ALL CORNER UNLESS OTHERWISE STATED SURVEY FOR: ALSEY J. GILBERT PLS 442 1/2 EAST MAIN ST. CLAYTON NC 27520 PHONE 919/553-5104 FAX:919/553-3663 ALL DISTANCES ARE HORIZONTAL DISTANCES NC GRID NORTH NAD 83 USING NSRS 2011 DEED REFERENCE: DB 3168 PG 535 PB 2013 PG 319 SCALE 1"=200' DATE 10/25/2022 NEILL'S CREEK TWP HARNETT CO NC FORSYTH INVESTMENTS COMPANY, LLC OWNER AT TIME OF SURVEY ERNEST G. LONG PO BOX 2327 LILLINGTON NC 27546 ParcelID PIN PID REID Owners Owner1 Owner2 MailingAddress 7578732 0670-65-3565.000 110670 0227 4065 BROWN GERALD YOUNG & C/O JERRY BROWN BROWN GERALD YOUNG C/O JERRY BROWN 301 GRAND AVE RALEIGH, NC 27606-1333 7537124 0670-66-0041.000 110670 0236 15572 HOLEMAN NICHOLAS CHRISTIAN & HOLEMAN CYNTHIA SMITH JT W/ROS HOLEMAN NICHOLAS CHRISTIAN HOLEMAN CYNTHIA SMITH JT W/ROS 61 PARKWOOD LN LILLINGTON, NC 27546 0670-76-2436.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7578730 0670-65-6756.000 110670 0224 01 51769 TURNER GERALD RUFUS TURNER GERALD RUFUS 1204 WATERSIDE LANDING LN SUMMRVILLE, SC 29485 7578726 0670-65-6314.000 110670 0221 31041 MAYNARD DANIEL P & MAYNARD JANET K MAYNARD DANIEL P MAYNARD JANET K P O BOX 446 BUIES CREEK, NC 27506-0000 7564740 0670-75-2942.000 110670 0410 60416 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7578728 0670-65-5313.000 110670 0222 5853 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7567791 0670-66-1121.000 110670 9015 BUIES CREEK COATS WATER AND SEWER DISTRICT OF HARN BUIES CREEK COATS WATER AND SEWER DISTRICT OF HARN PO BOX 759 LILLINGTON, NC 27546-0759 7592270 0670-65-3883.000 110670 0238 17402 BODENHAMER JANICE JONES & HOLDEN ALLISON ANNE JONES BODENHAMER JANICE JONES HOLDEN ALLISON ANNE JONES 408 SHORESIDE DR SWANSBORO, NC 28584-7748 7578725 0670-65-7316.000 110670 0220 8485 WEST MARK D & WEST JANET H WEST MARK D WEST JANET H PO BOX 323 BUIES CREEK, NC 27506-0000 7598593 0670-65-3471.000 110670 0228 7803 STERLING GREEN PROPERTIES LLC STERLING GREEN PROPERTIES LLC PO BOX 735 BUIES CREEK, NC 27506-0000 7514908 0670-66-0983.000 110670 0344 13561 ELLIOTT HOMES LLC ELLIOTT HOMES LLC 1402 PASS RD GULFPORT, MS 39501-5159 7591928 0670-66-5902.000 110670 0330 15863 HUMPHREY EDWARD WADE HUMPHREY EDWARD WADE 453 GREGORY CIRCLE LILLINGTON, NC 27546-0000 7564734 0670-75-1561.000 110670 0410 01 60417 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7593435 0670-66-7691.000 110670 0329 15862 HUMPHREY EDWARD WADE HUMPHREY EDWARD WADE 453 GREGORY CIRCLE LILLINGTON, NC 27546-0000 7593553 0670-65-4209.000 110670 0229 36579 REAVES VIRGINIA HESTER & HARTSOCK SHANNON ASHLEY REAVES VIRGINIA HESTER HARTSOCK SHANNON ASHLEY 1816 ROUND ROCK BLVD DURHAM, NC 27703 7578801 0670-65-4860.000 110670 0239 34819 TURNER RONALD JAMES & TURNER MICHAEL TURNER RONALD JAMES TURNER MICHAEL 313 N WILSON ST WALSTONBURG, NC 27888 7578777 0670-65-0488.000 110670 0231 34343 TODD JANIS TODD JANIS 75 PARKWOOD CIRCLE LILLINGTON, NC 27546-0000 7578795 0670-65-3809.000 110670 0237 17401 BODENHAMER JANICE JONES & HOLDEN ALLISON ANNE JONES BODENHAMER JANICE JONES HOLDEN ALLISON ANNE JONES 408 SHORESIDE DR SWANSBORO, NC 28584-7748 7565809 0670-55-3420.000 110670 0315 8647 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7558151 0670-67-6169.000 110670 0331 01 BYRD TRAVIS D BYRD TRAVIS D 476 GREGORY CIR LILLINGTON, NC 27546 7578722 0670-65-8678.000 110670 0219 33452 TAYLOR WILLIAM EDWARD TAYLOR WILLIAM EDWARD PO BOX 159 BUIES CREEK, NC 27506 7591925 0670-66-3718.000 110670 0352 15864 HUMPHREY EDWARD WADE HUMPHREY EDWARD WADE 453 GREGORY CIRCLE LILLINGTON, NC 27546-0000 7578787 0670-65-1618.000 110670 0233 29227 SCARBOROUGH TODD & SCARBOROUGH E SCARBOROUGH TODD SCARBOROUGH E BOX 488 BUIES CREEK, NC 27506-0000 7549853 0670-67-6221.000 110670 0331 13575 BERRY SHELBY ELIZABETH & BERRY BRYAN RICHARD BERRY SHELBY ELIZABETH BERRY BRYAN RICHARD 512 GREGORY CIR LILLINGTON, NC 27546 7522753 0670-65-4581.000 110670 0226 24137 ABIEL LLC ABIEL LLC 1122 VICK CHARLES DR RALEIGH, NC 27606-3338 7595544 0670-65-0598.000 110670 0232 34344 TODD JANIS TODD JANIS 75 PARKWOOD CIRCLE LILLINGTON, NC 27546-0000 7526835 0670-65-6583.000 110670 0223 9076 FALLIN LISA HOWELL & FALLIN KENNETH NEWTON II FALLIN LISA HOWELL FALLIN KENNETH NEWTON II 914 MILL RD GOLDSBORO, NC 27534-8951 7578719 0670-65-9425.000 110670 0218 33455 TAYLOR WILLIAM EDWARD TAYLOR WILLIAM EDWARD PO BOX 159 BUIES CREEK, NC 27506 7507622 0670-65-0378.000 110670 0230 33381 DAILEY RYAN T & DAILEY MELISSA M DAILEY RYAN T DAILEY MELISSA M PO BOX 735 BUIES CREEK, NC 27506-0735 7564728 0670-77-3044.000 110670 0343 16711 CAMPBELL UNIVERSITY INC CAMPBELL UNIVERSITY INC PO BOX 97 BUIES CREEK, NC 27506-0000 7578773 0670-65-1268.000 110670 0230 01 58359 CAMPBELL UNIVERSITY INC CAMPBELL UNIVERSITY INC PO BOX 97 BUIES CREEK, NC 27506-0000 7595965 0670-45-2886.000 110670 0322 19736 LONG ERNEST GORDON LONG ERNEST GORDON PO BOX 2327 LILLINGTON, NC 27546 7576915 0670-46-1939.000 110670 0321 17409 JONES JAMES W & JONES CAROLYN B JONES JAMES W JONES CAROLYN B PO BOX 562 COATS, NC 27521-0000 7578729 0670-65-5758.000 110670 0224 34818 TURNER GERALD R & TURNER EMERITA TURNER GERALD R TURNER EMERITA PO BOX 3206 145 PARKWOOD CIRCLE BUIES CREEK, NC 27506-0000 7578788 0670-65-0862.000 110670 0234 9365 BOX ALLEN J BOX ALLEN J P O BOX 1447 BUIES CREEK, NC 27506-0000 7592423 0670-65-5592.000 110670 0225 11635 FAMILY BANANA STAND FAMILY BANANA STAND 2664 TIMBER DR STE 416 GARNER, NC 27529 0670-65-9298.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7578796 0670-65-2947.000 110670 0237 01 BODENHAMER JANICE JONES & HOLDEN ALLISON ANNE JONES BODENHAMER JANICE JONES HOLDEN ALLISON ANNE JONES 408 SHORESIDE DR SWANSBORO, NC 28584-7748 7596259 0670-16-3898.000 110670 0311 16710 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7537226 0670-26-3878.000 110670 0310 16957 JOHNSON JOHN T JR JOHNSON JOHN T JR 720 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7575340 0670-27-2299.000 110670 0310 01 57611 JOHNSON LEWIS D JR & JOHNSON JONATHAN MURRAY JOHNSON LEWIS D JR JOHNSON JONATHAN MURRAY 4005 DAYTONA RD FAYETTEVILLE, NC 28311 0670-36-3840.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 0670-17-5272.000 ROW Street NC DEPARTMENT OF TRANSPORTATION NC DEPARTMENT OF TRANSPORTATION 1546 MAIL SERVICE CENTER RALEIGH, NC 27611 7592729 0670-24-2289.000 110670 0407 01 52636 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7593434 0670-28-0077.000 110670 0305 03 51286 JOHNSON RICHARD E JOHNSON RICHARD E 442 BAYWOOD DR WINTERVILLE, NC 28590-0000 7588962 0670-15-7985.000 110670 0407 3 A AND M FARMS INC A AND M FARMS INC C/O WM JOHNSON PO BOX 69 LILLINGTON, NC 27546-0069 7540046 0670-35-8139.000 110670 0315 01 39786 DAVIDSON REBECCA J & DAVIDSON JAMES P DAVIDSON REBECCA J DAVIDSON JAMES P 364 JOHNSON FARM RD LILLINGTON, NC 27546-0000 7558111 0670-26-0710.000 110670 0313 16974 JOHNSON JOHN TYLER JR JOHNSON JOHN TYLER JR 720 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7558123 0670-34-5476.000 110670 0318 01 59826 MILTON KENNETH E & MILTON SHARON L MILTON KENNETH E MILTON SHARON L PO BOX 1643 BUIES CREEK, NC 27506-0000 7592723 0670-34-9684.000 110670 0318 23553 MILTON DAVID & MILTON JUDY MILTON DAVID MILTON JUDY 330 JOHNSON FARM ROAD LILLINGTON, NC 27546-0000 7605990 0670-26-3418.000 110670 0314 34961 TYSINGER DIANA LOCKE TYSINGER DIANA LOCKE 905 W 2ND ST ROANOKE RAPID, NC 27870-1620 7598554 0670-53-1737.000 110670 0264 5858 CAMPBELL UNIVERSITY CAMPBELL UNIVERSITY PO BOX 97 BUIES CREEK, NC 27506-0097 7585963 0670-57-2836.000 110670 0323 27507 ANDREWS JOYCE P ANDREWS JOYCE P 3446 CHALYBEATE SPRINGS RD FUQUAY VARINA, NC 27526-6210 REZONING STAFF REPORT CASE NUMBER: _RZ-22-08 Landon Chandler, Planning Director ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org Planning Board: December 19, 2022 Town Commissioners: January 10, 2023 To assign zoning to two existing tracts, and one proposed addition totaling +/- 180.04 & 19.08 acres respectively. These tracts are located on US 421 S. & Johnson Farm Rd respectively. Current zoning on site is RA-30 & Conservation through Harnett County. The applicant is proposing three district zoning districts as shown in the supplemental materials, General Business (GB), Residential Mixed Use (RMX), and Facilities, Recreation and Open Space (FRO). Applicant Information Owner of Record: Applicant: Name: A&M Farms, Inc. & Ernest G. Long Name: Forsyth Investments Company, LLC Address: PO Box 69 Address: 414 Forsyth St. City/State/Zip: Lillington, NC 27546 City/State/Zip: Raleigh, NC 27609 Property Description PIN(s): 0670-24-2289.000, 0670-15-7985.000, & a portion of 0670-45-2886.000 Acreage: ~199.12 total Address/SR No.: Johnson Farm Rd. & US 421 S., NC 27546 Vicinity Map Terrain Physical Characteristics and Existing Land Uses Site Description: The site is currently comprised of 3 undeveloped tracts. There is currently public water and sewer along US 421 S. however, the capacity and/or ability to connect has not yet been fully explored. The surrounding land uses are single-family residential, agricultural, commercial, and institutional uses. Current Land Use Classification Per Harnett County Development Services: • Low Density Residential • Medium Density Residential • Environmentally Sensitive Areas • Employment Mixed Use Land Use Map Services Available - Other: A potential connection may be made however; no guarantees are expressed if this zoning proposal is approved. The developer will need to work with Harnett Regional Water, as well as the Town of Lillington to achieve adequate service to the project. Water: Sewer:  Public (Town Of Lillington) ☐Public (Town of Lillington) ☐ Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☒ Other (Unverified Proposed Zoning: The applicant is proposing a mixture of three different zoning districts as reference and explained below: 1.General Business (GB): The GB District is designed to accommodate highway-oriented retail, commercial service uses and, in some cases, light manufacturing. The major objectives of this district are to: A. To encourage the construction of and the continued use of the land for commercial and service uses, particularly those which have a larger land area requirement; B. To provide for the orderly expansion of such uses within this district, as designated on the zoning map; C. To discourage the continuance of existing non-conforming uses that would not be permitted as uses under the provision of this district; D. Discourage small Lot development on major highways; E. Encourage vehicular access from service drives and other local commercial streets rather than directly from arterial streets; and F. Provide a location for major shopping facilities and land uses requiring large outdoor spaces. 2.Residential Mixed Use (RMX): The RMX District is established to accommodate a variety of housing types in a neighborhood setting and is intended to provide areas for higher density residential development in close proximity (within ¼ - ½ mile) to commercial areas such as the CB, NB, NMX and GB districts. The intent is to create higher density residential areas that compliment commercial districts with physical proximity and pedestrian connectivity. The regulations of this district are intended to encourage quality design of multi-family developments and ensure their compatibility with surrounding neighborhoods and land uses. 3.Facilities, Recreation and Open Space (FRO): The FRO District is intended for open space, public facilities and privately owned and recreation areas. Publicly owned land uses include governmental, recreational, education, natural resource and utility facilities. Privately owned land uses include golf resorts and related facilities, land trusts established to preserve natural resources, schools and recreational facilities that typically include substantial open space. The major objectives of this district are to: A. Provide land for publicly-owned governmental facilities and privately-owned natural and man-made resource and recreation areas; and B. Preclude major residential, retail office, institutional, and industrial uses that typically provide limited open space Examples of Use Tables for All Proposed Districts: Staff Evaluation: The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the community. •REASONING: The requested zoning assignment to General Business (GB), Residential Mixed Use (RMX), and Facilities, Recreation and Open Space (FRO) Will Not have a negative impact on the community. These zoning districts would have to be well buffered from dissimilar zoning and/or uses. Although the uses that are being proposed are of a higher density and type, there are associated benefits that do not currently exist in the area. Unique opportunities and/or uses can be achieved through the various proposed districts to improve overall quality of life. The existing transportation characteristics will need to be upgraded to accommodate this project, thus improving traffic conditions along US 421 S. & Johnson Farm Rd. The requested zoning assignment is compatible with the existing Land Use Classification. •REASONING: These tracts ARE NOT currently outlined within the Town of Lillington’s Future Land Use Plan. However, if the property is annexed and zoned, this gives the Town an opportunity to include the future uses found on this property in a more comprehensive style plan. This request has the potential to act as a driver to further develop a course of action for the overall vicinity. The proposal does enhance or maintain the public health, safety and general welfare. •REASONING: The requested zoning assignment General Business (GB), Residential Mixed Use (RMX), and Facilities, Recreation and Open Space (FRO) would maintain or enhance the public health, safety, and general welfare. If this request is approved, staff envisions a style of development that has the potential to offer venues, services, and residential products that may not currently available in Town, or in some cases, the County as a whole. Due diligence will be taken to ensure compliance with all associated regulatory documents so that the aforementioned standards are preserved. TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com ORDINANCE FY2023-20 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY A&M FARMS, INC & ERNEST LONG 203.39 ACRES PIN#: 0670-15-7985.000, 0670-24-2289.000 & 0670-45-2886.000 HARNETT COUNTY RA-30 & CONSERVATION TO GENERAL BUSINESS (GB), RESIDENTIAL MIXED USE (RMX) & FACILIIES, RECREATION AND OPEN SPACE (FRO) WHEREAS, a petition has been received from A&M Farms, Inc. and Ernest Long to rezone 199.12-acres from Harnett County RA-30 and Conservation to General Business (GB), Residential Mixed Use (RMX) & Facilities, Recreation and Open Space (FRO); and WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a Regular meeting on January 10, 2023 with members of the public soliciting input on the matter. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that: Section 1. The Zoning Ordinance of the Town of Lillington is amended to change the following area from Harnett County RA-30 and Conservation to General Business (GB), Residential Mixed Use (RMX) & Facilities, Recreation and Open Space (FRO) and to amend the Lillington Zoning Map to show the area change: Beginning at the most eastern point of the A and M farms tract said point being a number 4 rebar a common corner with Campbell University and David and Joy Milton), said point being N 22 Deg 46 Min 30 Sec E 928.05’ from NCGS Monument Highland said monument having NCGS coordinates (NSRS 2011) of N=603410.30’ and E=2074402.93’said point being the POINT OF BEGINNING; thence along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 656.54'to a point on the eastern right of way of Johnson Farm Road; thence S 21 Deg 05 Min 55 Sec W, a distance of 41.55'to a point in center of Johnson Farm Rd; thence S 21 Deg 05 Min 55 Sec W, a distance of 43.95' to the Western right of way of Johnson Farm Rd; thence continuing along a line with Campbell University S 21 Deg 05 Min 55 Sec W, a distance of 197.48' to the Northern Right of Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com Way of US 421: thence along the Northern right of way US 421 with a curve the point of curvature of a non-tangent curve, concave to the south, having a radius of 11566.16' a central angle of 01 Deg 02 Min 59 Sec, and a chord of 211.87' bearing S 85 Deg 09 Min 58 Sec W; thence West along said curve, a distance of 211.88'; thence continuing along said right of way of US 421 S 84 Deg 38 Min 28 Sec W, a distance of 1511.46' to a point the point of curvature of a tangent curve, concave to the north, having a radius of 5870.00' and a central angle of 04 Deg 01 Min 35 Sec; thence West along said curve, a distance of 412.51', curving to the right; thence leaving said right of way of US 421 along a line with Glen W. Johnson N 01 Deg 24 Min 30 Sec W, a distance of 1188.09'; thence along the Northern line of Glen W. Johnson S 88 Deg 35 Min 30 Sec W, a distance of 821.49' to Rebar set in Creek; thence along the eastern line of Dale Webb to a 2” Eip with No. 5 rebar in center N 22 Deg 19 Min 18 Sec W, a distance of 286.14'; thence along a line with William A. Sawyer N 11 Deg 52 Min 07 Sec W, a distance of 560.45' to an existing concrete monument 6” above the ground; thence continuing along another line with William A. Sawyer N 06 Deg 52 Min 02 Sec W, a distance of 415.28' to a Found No. 5 rebar (bent); thence along a line with Betsy Warren N 06 Deg 57 Min 39 Sec W, a distance of 539.99' to and existing concrete monument 5” above ground; thence along another line with Betsy Warren N 48 Deg 54 Min 52 Sec W, a distance of 182.05' 2” existing iron pipe 4” above water; thence along a line with Annie L Gainey to an existing concrete monument as called for in PB 2013 Pg 156 N 48 Deg 54 Min 52 Sec W, a distance of 670.59'; thence along the southern line of John T Johnson S 87 Deg 38 Min 36 Sec E, a distance of 492.13' to an Existing Concrete Monument at edge of water; thence continuing along the John T Johnson line S 87 Deg 38 Min 36 Sec E, a distance of 1679.26' to the Western right of way of Johnson Farm Road; thence S 87 Deg 28 Min 55 Sec E, a distance of 36.08' to the center of Johnson Farm Road; thence along the center of Johnson Farm Road S 31 Deg 47 Min 38 Sec E, a distance of 372.53' to the center of Tysinger Road; thence continuing along the center of Tysinger Rd the following calls N 70 Deg 23 Min 14 Sec E, a distance of 45.84' to the point of curvature of a tangent curve, concave to the south, having a radius of 2250.00' and a central angle of 03 Deg 23 Min 19 Sec; thence East along said curve, a distance of 133.07', curving to the right; thence N 73 Deg 46 Min 33 Sec E, a distance of 82.83' to the point of curvature of a tangent curve, concave to the north, having a radius of 950.00' and a central angle of 10 Deg 17 Min 56 Sec; thence East along said curve, a distance of 170.76', curving to the left; thence N 63 Deg 28 Min 37 Sec E, a distance of 210.65' to the point of curvature of a tangent curve, concave to the northwest, having a radius of 675.00' and a central angle of 07 Deg 34 Min 03 Sec; thence Northeast along said curve, a distance of 89.15', curving to the left; thence leaving the centerline of Tysinger Road S 87 Deg 37 Min 53 Sec E, a distance of 48.65' to a Number 4 rebar found on the right of way; thence along a line with James and Carolyn Jones S 87 Deg 37 Min 53 Sec E, a distance of 40.61' to an existing concrete monument; thence a line with James and Carolyn Jones S 01 Deg 36 Min 07 Sec W, a distance of 223.73' to a number 4 rebar at base of a 1 ¼” Eip; thence along the southern line with James and Carolyn Jones S 86 Deg 18 Min 43 Sec E, a distance of 11.19' to an existing concrete monument 2” above ground; thence along a line with Ernest G. Lone S 04 Deg 05 Min 28 Sec W, a distance of 931.27' to a 1” existing iron pipe; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 211.57' to the eastern right of way of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to a point in center of Johnson Farm Road; thence S 02 Deg 07 Min 08 Sec E, a distance of 60.64' to the western right of way of Johnson Farm Road; thence along a line with Rebecca and James Davidson S 02 Deg 07 Min 08 Sec E, a distance of 99.91'; thence N 80 Deg 57 Min 22 Sec E, a distance of 53.59' to a point on the western right of way of Johnson Pond Road; thence N 80 Deg 57 Min 22 Sec E, a distance of 32.53' to the center of Johnson Pond Road; thence along the center of Johnson Pond Road the following calls S 31 Deg 47 Min 16 Sec E, a distance of 420.27'; thence S 31 Deg 46 Min 45 Sec E, a distance of 217.95'; thence S 31 Deg 18 Min 15 Sec E, a distance of 205.87'; thence leaving the center of Johnson Farm Road N 58 Deg 23 Min 26 Sec E, a Town of Lillington | 3 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com distance of 30.69' to the eastern right of way of Johnson Pond Road; thence along a line with along the southern line of David and Judy Milton N 58 Deg 23 Min 26 Sec E, a distance of 267.75' to a point in the branch; thence along said branch the following calls S 74 Deg 00 Min 23 Sec E, a distance of 46.63'; thence S 67 Deg 48 Min 42 Sec E, a distance of 173.70'; thence S 56 Deg 58 Min 25 Sec E, a distance of 35.39'; thence S 71 Deg 19 Min 25 Sec E, a distance of 82.30'; thence S 55 Deg 55 Min 03 Sec E, a distance of 73.03': thence S 89 Deg 56 Min 25 Sec E, a distance of 22.88'; to the POINT OF BEGINNING; said described tract containing 184.31 acres. See map entitled Forsyth Investments Company LLC by Alsey J. Gilbert PLS Dated 03/24/2022. Beginning at a new point in the southern line of Ernest G Long and northern line of Rebecca and James Davidson, said point being located N 87 Deg 43 Min 04 Sec W 1030.68' from an existing concrete monument being the northeastern corner of Rebecca and James Davidson and also being N 18 Deg 25 Min 39 Sec w 2072.04' from NCGS Highland having NSRS 2011 coordinates of N=603410.30' and E=2074402.94' as shot 03/15/2022, said point being the POINT OF BEGINNING; thence along the northern line of Rebecca J. and James P Davidson as recorded in db 1207 pg 878 N 87 Deg 43 Min 04 Sec W, a distance of 900.00' to a 1" EIP flush with ground; thence along a line with A&M Farms N 04 Deg 05 Min 28 Sec E, a distance of 931.27' to an ECM 1" above ground; thence along the southern line of James and Carolyn Jones as recorded in db 2699 pg 670 and pb 2009 pg 747 S 86 Deg 47 Min 28 Sec E, a distance of 851.79' an existing rebar 4" above ground; thence continuing along said line S 86 Deg 45 Min 48 Sec E, a distance of 48.21' and No. 4 rebar set flush; thence along a new line with Ernest G. Long S 04 Deg 06 Min 45 Sec W, a distance of 916.70' to the POINT OF BEGINNING; said described tract containing 19.08 Acres. Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby repealed. Section 3. This Ordinance Amendment shall be effective immediately upon adoption. Adopted this 10th day of January, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: January 10, 2023 Staff Work By: Landon Chandler, Planning Director AGENDA ITEM Consideration of Rezoning for 168.22 acres located on NC 210 S and Joel Johnson Road being PIN #: 0548-89-9755.000. ITEM SUMMARY Discuss and Consider the Rezoning for 168.22 acres located on NC 210 S and Joel Johnson Road being PIN #: 0548-89-9755.000. RECOMMENDED ACTION Approve Consideration of Rezoning for 168.22 acres located on NC 210 S and Joel Johnson Road being PIN #: 0548-89-9755.000 Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to Conditional District Residential Single Family, CD-RS10 is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area. Therefore, the ordinance for the zoning assignment request be Approved. The requested zoning assignment to Conditional District Residential Single Family, CD-RS10 is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare as stated in the evaluation. Therefore, the ordinance for the zoning assignment request be Denied. AGENDA ITEM #8-8A ZONING ASSIGNMENT STAFF REPORT CASE NUMBER: _RZ-22-09 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org Planning Board: December 19, 2022 Town Commissioners: January 10, 2023 To Rezone a 168.22-acre tract located on NC 210 S and Joel Johnson Road. Applicant is proposing a Conditional District Residential Single Family, CD-RS10 district with revised conditions and site plan. This project was originally approved February 15th, 2022 with the original conditions and site plan as shown in the packet. Applicant Information Owner of Record: Applicant: Name: WPBL PROPERTIES, LLC Name: WPBL PROPERTIES, LLC Address: 1064 N LAKESIDE DR Address: 1064 N LAKESIDE DR City/State/Zip: SMITHFIELD, NC 27577-8382 City/State/Zip: SMITHFIELD, NC 27577-8382 Property Description PIN(s): 0548-89-9755.000 Acreage: 168.22 Address/SR No.: NC 210 South and Joel Johnson Road, Lillington, NC 27546 Vicinity Map Physical Characteristics and Existing Land Uses Site Description: Site is currently a Residential/ Agriculture tract on NC 210 South and Joel Johnson Road. The 168.22-acre tract of land has access to Harnett County water and Town of Lillington Sewer. The surrounding land uses are Single Family Residential and Agricultural Farm land. Services Available Water: Sewer: Other: ☐ Public (Town Of Lillington) ☐ Public (Town of Lillington) ☒ Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☒ Other (Unverified) ☐ Other: (Unverified) Other: A potential connection may be made however; no guarantees are expressed as it relates to capacity if this zoning proposal is approved. No technical review has been performed on this project, and all other non-specified items will have to meet the Town of Lillington Unified Development Ordinance. Purpose for New Submittal for Project: • The applicant has stated in conversation that the original design as approved by the Board did not take into account some of the environmental features (ex. Topography) when originally submitted. When this was discovered, the applicant decided to re-design the project. The applicant will be available to discuss all reasoning and overall changes to the plan. Staff has highlighted some of the differences between the plans below. What is Changing: 1. The overall layout of the project 2. There are some linear feet of roadway and street loops that are being deleted – approximately 1,700lf total 3. The original plan called out 216 additional parking spaces, the new plan provides 156. 4. The original open space to be provided was 35.9 acres, the new plan provides 33.9 acres. 5. There are architectural standards that are being added in the zoning conditions as offered by the applicant. See Section 15 of New Zoning Narrative 6. Unit count is not changing from the original Conditional Districts: • Conditional Districts are districts with conditions voluntarily added only in response to a petition by the owner of all the property to be included in such district. In accordance with NCGS 160A-382, specific conditions applicable to these districts may be proposed by the applicant or Town but only those conditions mutually approved by the Town and the applicant may be incorporated into the Conditional District zoning. • Conditional Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Because Conditional District developments are constructed in a comprehensive manner, they may establish their own building, street, block, and lot pattern which may be unique from other surrounding blocks or neighborhoods. Conditional Districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure. • In addition to modification of specific district provisions (except use), the various provisions detailed in this Article may be varied if specifically requested by the petitioner as part of a Conditional District application with exception to the following: Article Title Exception to Modification 2 Zoning and District Provisions Uses permitted may not be added unless the use proposed is not currently defined or contemplated by the Code. Permitted uses may be removed from the petition. 6 Subdivisions & Infrastructure May substitute dedication of public open space for payment-in-lieu per Board of Commissioners approval. Except in areas identified on the Land Use Plan map as public greenways and linear parks. Amount required may not be reduced. • Upon the approval of the petition for a Conditional District, the subject property shall be identified on the Official Zoning Map by the appropriate district designation. A parallel conditional zoning designation shall be identified with the underlying general district letters "CD” (example CD-RS20). Proposed Zoning: The applicant is proposing a Conditional RS10 Zoning District with plans of a mixed-use single-family development with the following conditions: - The proposed Development is to follow the standards as defined in the Town of Lillington UDO. - Site specific Master Plan - A specific zoning narrative Possible Conditions as Requested by Staff: • Side street setbacks to be at least 15’ • There will be no parking within the Town’s maintained right-of-way • The project will comply with the recommendations of the Town adopted Harnett County Comprehensive Transportation Plan Staff Evaluation: The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the community. REASONING: The requested zoning assignment to Conditional District Residential Single Family, CD-RS10 Will Not have a negative impact on the community as it is similar in nature to existing uses within this area. The requested zoning assignment is compatible with the existing Land Use Classification. REASONING: The requested zoning district Is Compatible with this area’s land use plan. Since there is not a current designation for this area in the existing plan, the Town will be able to craft a specific classification for this property once it is taken into consideration. The proposal does enhance or maintain the public health, safety and general welfare. REASONING: The requested Zoning Assignment to Conditional District Residential Single Family, CD- RS10 Would Maintain or enhance the public health, safety, and general welfare due to area’s existing Single Family Residential and Agricultural land uses. Improvements to current transportation & utility infrastructures to accommodate the development will improve the Town’s overall networks. TOWN OF LILLINGTON 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com ORDINANCE FY2023-21 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY WPBL PROPERTIES, LLC 168.22 ACRES PIN#: 0548-89-9755.000 CONDITIONAL DISTRICT RESIDENTIAL SINGLE FAMILY (RS10) WHEREAS, a petition has been received from WPBL Properties, LLC to rezone 168.22-acres from Residential Single Family (RS10) to Conditional District Residential Single Family (CDRS10); and WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a Regular meeting on January 10, 2023 with members of the public soliciting input on the matter. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that: Section 1. The Zoning Ordinance of the Town of Lillington is amended to update the conditions and site layout: Commencing At A Point, Said Point Being Published In The National Geodetic Survey As “Lillington 2004 Cors Arp” (Pid: Dg5759) And Having Nc Grid Coordinates Of Northing: 607,894.54’ And Easting 2,056,246.71’; Thence S 23⁰ 03’ 06” W A Grid Distance Of 18,912.61 Feet To A Point Having Nc Grid Coordinates Of Northing: 590,492.07’ And Easting: 2,048,841.24’; Said Point Lying In The Center Line Of Hwy 210 Hereby Known As The Point Of Beginning. Thence From Said Point Of Beginning S 57°42'23" E, 50.91 Feet To A Point; S 57°42'23" E, 949.24 Feet To A Point; N 22°46'32" E, 465.66 Feet To A Point; N 22°46'32" E, 30.42 Feet To A Point; S 57°44'48" E, 4.92 Feet To A Point; S 57°42'12" E, 40.98 Feet To A Point; S 57°34'53" E, 309.28 Feet To A Point; S 57°44'37" E, 194.53 Feet To A Point; S 57°37'02" E, 445.71 Feet To A Point; S 57°30'36" E, 392.02 Feet To A Point; S 57°47'07" E, 180.66 Feet To A Point; S 57°33'53" E, 125.43 Feet To A Point; S 58°00'55" E, 103.90 Feet To A Point; S 49°41'53" E, 192.14 Feet To A Point; S 41°12'57" E, 28.79 Feet To A Point; S 0°06'32" E, 48.04 Feet To A Point; S 0°06'32" E, 23.72 Feet To A Point; S 1°00'45" W, 878.03 Feet To A Point; S 66°34'43" W, 175.49 Feet To A Point; S 66°05'09" W, 2,646.28 Feet To A Point; S 66°05'09" W, 4.11 Feet To A Point; N 46°23'16" W, 11.99 Feet To A Point; N 22°57'05" E, 20.92 Feet To A Point; N 59°28'53" E, 23.14 Feet To A Point; N 14°14'39" E, 10.19 Feet To A Point; N 17°27'15" W, 12.49 Feet To A Point; N 30°16'46" E, 20.18 Feet To A Point; N 11°31'50" W, 17.03 Feet To A Point; S 87°50'11" W, 18.18 Feet To A Point; N 38°27'59" W, 10.79 Feet To A Point; N 19°20'50" W, Town of Lillington | 2 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com 15.80 Feet To A Point; S 80°46'57" W, 12.84 Feet To A Point; N 29°08'58" W, 11.21 Feet To A Point; N 5°38'08" W, 18.65 Feet To A Point; N 30°58'10" E, 13.88 Feet To A Point; N 4°22'28" E, 19.11 Feet To A Point; N 17°36'48" E, 10.73 Feet To A Point; N 7°22'49" E, 13.97 Feet To A Point; N 17°49'46" W, 12.45 Feet To A Point; N 31°24'02" W, 12.83 Feet To A Point; N 28°25'59" E, 12.33 Feet To A Point; N 9°24'15" E, 24.76 Feet To A Point; N 4°31'03" E, 18.12 Feet To A Point; N 38°11'47" W, 7.57 Feet To A Point; N 4°27'52" W, 15.49 Feet To A Point; N 57°44'04" W, 24.95 Feet To A Point; N 3°05'53" W, 23.23 Feet To A Point; N 53°09'10" E, 3.79 Feet To A Point; N 12°49'22" W, 7.63 Feet To A Point; N 51°10'22" W, 20.48 Feet To A Point; N 23°30'20" W, 12.61 Feet To A Point; N 9°39'53" E, 22.63 Feet To A Point; N 51°27'06" W, 16.39 Feet To A Point; N 22°36'31" E, 24.43 Feet To A Point; N 21°14'51" W, 13.10 Feet To A Point; N 22°24'56" E, 21.21 Feet To A Point; N 5°30'06" E, 20.72 Feet To A Point; N 3°25'44" E, 25.61 Feet To A Point; N 50°16'59" E, 24.76 Feet To A Point; S 80°42'30" E, 10.77 Feet To A Point; N 40°24'37" E, 18.86 Feet To A Point; N 23°43'39" W, 10.64 Feet To A Point; N 18°48'35" E, 19.99 Feet To A Point; N 20°52'31" E, 10.59 Feet To A Point; N 53°35'00" E, 13.42 Feet To A Point; N 20°46'46" W, 21.67 Feet To A Point; N 35°16'39" E, 20.09 Feet To A Point; N 50°15'25" W, 14.70 Feet To A Point; N 6°17'51" E, 25.00 Feet To A Point; N 29°03'17" W, 36.22 Feet To A Point; N 35°52'42" E, 42.17 Feet To A Point; N 82°30'54" W, 5.56 Feet To A Point; N 82°30'54" W, 785.19 Feet To A Point; N 82°37'56" W, 112.70 Feet To A Point; N 82°51'57" W, 67.69 Feet To A Point; N 84°35'49" W, 153.66 Feet To A Point; N 84°35'49" W, 17.84 Feet To A Point; N 84°35'49" W, 32.22 Feet To A Point; N 26°47'32" E, 13.97 Feet To A Point; N 26°08'57" E, 48.10 Feet To A Point; N 25°25'10" E, 50.06 Feet To A Point; N 24°56'40" E, 53.79 Feet To A Point; N 24°40'06" E, 52.27 Feet To A Point; N 24°12'43" E, 49.65 Feet To A Point; N 23°41'33" E, 50.34 Feet To A Point; N 23°03'48" E, 56.34 Feet To A Point; N 22°52'43" E, 1,978.09 Feet To A Point; N 22°47'29" E, 280.61 Feet To A Point; Said Point Being Known As The Point And Place Of Beginning, Having An Area Of ±7,327,745 Square Feet, ±168.22 Acres More Or Less. Being A Portion Of The Property Described In Deed Book 3710 Page 938, Having A Map Book Reference Of Book 9 Page 111 Of The Harnett County Registry. Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby repealed. Section 3. This Ordinance Amendment shall be effective immediately upon adoption. Adopted this 10th day of January, 2023 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk