Loading...
HomeMy WebLinkAbout04-22-25 - Regular028 Dunn City Council Regular Meeting Tuesday, April 22, 2'025 6:30 p.m., Dunn Municipal,Building Minutes PRESENT: I Mayor William P. Elmore Jr.,Mayor Pro Tem J. Wesley Sills, Council Members Raquel McNeil, Billy N. Tart; Alan Hargis, and Dr. David L. Bradham. ABSENT: Council Member April Gaulden = Also present: City Manager Steven Neuschafer, Assistant City Manager Billy R.' Godwin,. Finance Director Cary McNallan, Chief of Police Cary"Jackson, Parks and Recreation Director- Brian McNeill,Human Resources .Director Connie Jernigan, Public Works Director Dwayne Williams,. Collections and; Distribution Manager Billy Cottle, Water Plant Manager Ian Stroud, Wastewater Plant Manager Donrie Dukes, Administrative Support Specialist Sydney McKoy, and. City Attorney: Tilghman" Pope: CALL TO ORDER Mayor William.P. Elmore, Jr. called the meeting to order at 6:30 PM. on Tuesday, April 22, 2025, in the Dunn Municipal Council Chambers. He welcomed those in attendance and those .watching online: The mayor introduced Justin. Hembree as the newly hired. City Manager starting June 1st. He asked attendees to silence their cell phones to avoid interruptions during the meeting - INVOCATION Reverend Floyd Ray from Mount Zion"Missionary Baptist Church delivered the invocation. PLEDGE; OF ALLEGIANCE Council Member Tart led the Pledge of Allegiance. ADJUSTMENT AND APPROVAL OF THE APRIL 22,.2025 MEETING AGENDA Mayor Elmore asked for any adjustments to the agenda. With no adjustments proposed, he called, for a motion to approve the agenda as submitted. Motion by Council Member Bradham, seconded by. Council Member Hargis Ltoapprove the agenda as submitted. The motion carried unanimously. PUBLIC COMMENT PERIOD Mayor Elmore stated tha t at Mr.:McNeill had signed up to speak regarding item 17.on the agenda. As.a public hearing had already been held on this matter, the mayor informed Mr. McNeill that he could stay for that item and potentially answer. questions from council members at that"tirne: No other members of the public had signed up to speak during the comment period CONSENT ITEMS Mayor Elmore, presented the, consent items forapproval, which included.: •" Minutes from February 7, 2025 - Budget Retreat and February 25, 2025 - Regular • Minutes from March 11, 2025 Work Session and March 25, 2025 - Regular Budget amendment for various operating accounts Motion to approve the "consent items was made by Mayor Pro Tem Sills, seconded by'Council Member. McNeil. The motion carried unanimously. A copy of BudgetAmendment (BA72025-31) is incorporated into these minutes as attachment #1. ITEMS FOR DISCUSSION AND/OR DECISION Rezoning Request RZ-25-01 110 S. Layton Avenue Mayor Elmore opened a public hearing on this matter and called on Planner, Abby Manning to provide a report. Ms. Manning presented the Rezoning Request RZ-25-01 submitted by Jan Jernigan for the property at 110 South Layton Avenue: The request was to rezone the '0.41-acre property "from R-10,. Residential to Office and Institutional(D&I). Ms. Manning explained the differences between the current and -proposed" zoning districts, provided, details, about the property and surrounding, area, and noted that the request was consistent with the city's land use plan. Ms. Manning stated that staff recommended approval of the rezoning request based on its' consistency with the land use plan. She also"mentioned that the Planning Board had unanimously voted.to recommend approval. Mayor Elmore asked if there were any questions for Ms. Manning. With no questions, he then asked if anyone in the audience wished to.s eak,in favor -of or, against the proposal. Hearing and seeing none, he closed the public hearing and opened the,floor fora decision on the zoning request. Motion by Council Member Hargis, seconded by Council Member Bradham "to approve Rezoning Request RZ-25-01 for; 3 parcels .-on South Layton Avenue from R-10 to: 0&I. The motion carried unanimously. - Special Use Permit Request SUP=2y5-03 , 1874 US HAW 301 ROC Daycare Mayor Elmore explained that item 7 is a Special Use Permit=Request, and this is an evidentiary hearing. He turned the hearing over to the City Attorney to handle all of Item 7, including the vote. City Attorney: The next matter is Case #SUP-25-03, which is a request by the Redemption Outreach Center for a Special Use: Permit to allow the use of child daycare of more than 8 at 1874 US Hwy. 301 S, which is PIN: 1515-18- 3182.0.00. This property is zoned R-20, Residential. The meeting on this matter is. judicial in nature and will be 'conducted in accordance -with special due process safeguards. Anybody that is going to testify this evening will need to be sworn. So, if you plan to give testimonythis evening, including the Planner, if you'll come to the podium, please, we'll be sworn_ at this time and then you `can return to.your-seat after you've been sworn. If you're going to swear, if you'll place your left hand on the Bible and raise your right hand: Do you solemnly swear that the testimony you're about to give will be the truth, the whole truth, and nothing but the truth; so help you God? Abby Manning, Planner & Shane Kelly, Applicant: I do. City Attorney: Thank you. You may return to your seat. - In this meeting, we -will first hear from Planner, Abby Manning and then. from the applicant and their witnesses and' then from opponents to'. -the request..Our parties may cross-examine witnesses after each witness testifies when - questions are called for. If you have exhibits, maps, reports, or other documentation that you would like for the council to consider, .it will need to be introduced as evidence and the person that is most familiar with that testimony should present. it: I do not see any attorneys present for this particular hearing. So, we'll skip that. At this time; I will now open the meeting on Case #SUP-25-03 Special Use Permit Application and ask -for testimony from our Planner, Abby Manning. Planner Manning: Thank you. You can go back to a couple slides, um, actually one forward. That one, I'm sorry, you were OK where you were. OK: The next case I'm .presenting is SUP-25-03. This is a Special Use Permit Request submitted by the Redemption Outreach Center. The owner of the property is the Board of Trustees of the Redemption Outreach.Center. The.location is 1874. US Hwy. 301 S. The applicant is requesting issuance of a Special Use Permit, to operate'the use -'of child daycare to accommodate more than eight (8) children. The property is 2.37- acres. and is located in Dunr's ETJ (Extra territorial jurisdiction). You can see the property highlighted in orange on the first page of your staff report and on the, slide, Next page please. Here you can seethe property from the street view. from US 301. Again,the property is 2.37 acres in size. The existing use is residential. The proposed use is a daycare facility. The .property is.currently zoned-R-20, .and right now well and septic is being utilized on the property. • Just below is data regarding surrounding- properties, Property surrounding the site. • To the north, we have residential R-20. The existing use is vacant. • . To the South we have industrial I-10.0. Existing use is also vacant and to the east we have industrial I-100, and the -existing use.is also vacant. . • To the West; -we have,R-20. This is a property also owned by. Redemption Outreach Center and industrial I 100 and this is the site of a planned industrial park. Next slide, please. The proposed use is a child daycare facility that will accommodate more .than eight ,children. The capacity is 29 children. The project name is.Rock Stars Academy. Access to "the development will be -off US Hwy...301. A traffic study was not required for this development for the UDO. Special Use Master Plan shows ,an outdoor.. play area, a parking area and street trees along Hwy. 301. The applicant does plan to connect to Dunn .sewer; system, which is available at this location. Next slide please. This Special Use Permit -Request is inconsistent with the City of Dunn Land Use plan. The Future Land Use Plan map designates this property as an office and industry character area. The Dunn Land Use Plan describes office and industry areas as those that provide office, industrial, and', economic development opportunities. They are -typically located, along major thoroughfares and corridors with adequate infrastructure and acreage to accommodate future growth. Facilities are accessed by employees during business hours but are not usually open to .the public. Next slide. A goal detailed in the Land Use Plan that's relevant to the Special Use request'is Policy 3 to encourage new businesses and non-residential development in office and industry, areas designated on the. future Land Use Map. An objective of Policy. 3 is to encourage.. a mix of non-residential uses, Including industrial,. warehouse; office,. research- and _. development, flex place, renewable energy, recycling, fabrication, assembly and technology. . As this application is -reviewed quasi judicially, I will not be making a recommendation. Attached to your staff report is the Special Use Application, Special Use Master Plan; supplemental information that was provided by the applicant and public noticing materials._ I have -provided conditions of approval in case the request is approved, which I'll go over now for SUP-25-03:-: 1. 029 • This is a Special Use for the operation of a child daycare more than eight (8) at.1874 US' Hwy. 301 S. • This is the property delineated as Exhibit A in the conditions, which. shows the SUP Master Plan. • The use is limited to one child daycare facility. • Development of the site will be consistent with the Special Use Master Plan and other appropriate processes - would be necessary to provide the master plan, if it was considered substantial. • Approval of a Stormwater. Management Plan is required prior to. issuance of a Development Permit, since this site will.exceed 20,000 square feet of impervious surface. • And lastly, the developer shall comply with city, state, and federal regulations; if applicable, that are not addressed in these conditions. The applicant is present tonight, but I can take any questions you `have forme before I turn it over. Question from the Council: When do I ask a question? Question from the Council: Is this daycare going to be just for the church members, or did you say it was for the public? Planner Manning: I will refer to the applicant on that one. I only know the capacity but I'm not aware of whether it'll be open to the public or only for the church's use. City Attorney: Before we . entertain further questions, would you like to introduce into evidence the application and the master plan and the other materials that you identified during your testimony? Planner Manning: Yes, I would.:Thank you. City Attorney: Then that would be so admitted. Anyone. from the Council have questions for the planning? Mayor Pro Tem Sills: You said they're attached to the sewer, but she didn't say anything about the water. Are they going to tap,into the water? Planner Manning: I'm aware that they're going to tape into the sewer.I'm not aware if they're going_ to tap into water or. not. I think they needed to tap into the sewer up because of their subject. They couldn't_ accommodate the capacity of 29 children. It is, but I'm :not aware if there is a need for water: City Attorney: Anyone else. on the council have questions for'the Planner? Question from the Council Well, this is just a question in general. Maybe I shouldknow this, but how do we measure sewer if you're not in the water? I thought the water, was measured and then the sewers based on the water usage. Yes, I can answer that. If go install a meter on the well to measure how much water goes to that facility, OK. Mayor Pro Tem.Sills: Did they have to have a neighborhood meeting for this? . Planner Manning: No, not for Special Use. City Attorney: Anyone else on the council have questions for the Planner? City Attorney: Is there anyone who's been sworn to testify that has questions for this witness? City Attorney: At this time, we will hear from the applicant and other proponents of the application. If you'll come forth and state your name and address please. Applicant; Good evening. My name is Shane Kelly. I serve as lead Pastor_ of the Redemption Outreach Center. " Real quick, since there were'two questions already, I do want to answer those. The first being that this is absolutely intended to be open to the public. It is our sincerest goal and hope to meet a need of the community, not just our congregation. The second question about utilities. We currently are connected to water at this site.. I have spoken with Billy. Cottle about this. We would only need to connect to the sewer because currently there's a septic system in place. Now that the septic system technically does meet the 'capacity requirements but being a dated septic system for the counties guidelines, it's best for us thinking long term to connect to the city sewer. I did prepare some remarks, if I may, just broadly beyond those two questions. We're here tonight to respectfully to.request a Special Use Permit. As Abby outlined for you, the hope is that we would reconfigure our current Parsonage to accommodate an initial enrollment of 22 kids. Supported by up to five staff members. Our daycare would operate Monday through Friday, from 7:30AM.to 5:30 PM to provide high quality care to families in our community.Our submitted site plan fully complies with the city's current zoning ordinance. I do want totake a moment and, thank the Planning Department, specifically Abby,. for her assistance along the way. That was critical for us. I appreciate that very much. I do want to emphasize that as 'you. know, we're not seeking rezoning A daycare _facility is already a permitted use within the current zoning district, subject to approval of a Special.Use-Permit, which is obviously'why I'm here this evening. The need for additional childcare in, our area is urgent and well documented. Currently, all local daycares are operating with extended wait lists, some stretching up to two (2) years, according to the Early Childhood Foundation of North Carolina. For everyone (1) available spot in a licensed- childcare center, there are five (5) or more families that are competing for that -single spot. This shortage "places a tremendous burden on our young families, many of whom are working or may wish to return to work. But of course, childcare being independent to that. Our project offers an immediate- and tangible solution to that pressing need.. I do -understand;' and I want to acknowledge that the city's Long Range. Land Use Plan does designate our area as an office and industrial. development. However, I would- sincerely hope that these plans are living documents that are meant to: evolve -in response to real time community needs. I do want to point to what ounproject is directly aligned with in terms of the Imagined Dunn Strategic Vision Plan. I have a few goals thatLbelieve:we support. I'll be brief on this. 1. The .very first goal in that plan is to create a 7quality of life for residents that is second to none: The lack of available childcare actively works against that goal. While our proposal would actively fulfill it and support it. 2. The second goal in that plan is to accommodate and support the needs of diverse and growing population as our community grows the demand for quality. Childcare is only going to increase. So we're offering a proactive step forward for our community. 3. And .the fifth goal in that plan, this will be my last. It's to cultivate a strong .sense of pride and promote Dunn as a place to live, to invest, and to raise a family and by responding to the needs of our youngest residents and their families. We're helping to tell that story_in a meaningful way. So in closing, I believe that this project offers clear benefits to our city without requiring .any changes to existing zoning. It addresses an immediate need. It aligns with the city's broader strategic goals and strengthens the fabric of our community. Thank you for your time, for your service to our city, and forconsidering this application. I'm happy to answer any other questions that you may have at this time. City Attorney: Questions from the Council. Are there, others who've been sworn to provide testimony that have. any questions for this witness? Were you able to hear and understand the conditions that M-s. Manning is. recommended at the Council grantsa' special" use permit request? Applicant: I did hear them, and we will happily comply. City Attorney: Do you consent to those conditions, if the permit is approved? Thank you, Sir.. Any other questions from Council? Next, we will hear from people opposing the request. Hearing -none and seeing none, we will now .entertain any further questions Troin the City Council members: for the - applicant or Ms. Manning. Once, the public meeting is closed, the only questions thatyou may ask will be for clarification only. There can be no new evidence after this hearing is closed. You have -heard the conditions that have been recommended by Ms. Manning, which the applicant has consented to. If there -are additional conditions that you would like the applicant to consider, now is the time that you should ask for their consideration. First, are there any further questions from the Council? Are there any additional conditions beyond those that were recommended by Ms. Manning that you would like to ask the applicant to consider? At this time, Mr. Mayor, it would be appropriate to entertain a motion to close the .hearing. Motion, by Council Member- Tart, .second by -Council Member Bradham to close the hearing. Motion carries - unanimously. OK Council, if you'll turn to the page behind the master plan, which is a fold out in your agenda package; you will see there are 6. findings that must be found. All of them must be found in the affirmative before you can consider granting this permit, if that is the wishes of the Council. We will need to vote on those one at a time that each criteria=has either been met or has not been met and then once. we have been through all six of them, if you have found in the affirmative that all six of those findings have been met, then we will consider a motion to. approve the permit. So, the first criterion we're finding is' 1. That - the use would not materially endanger the. public health or- safety -if located where proposed and " developed according to the plan as submitted and approved. Motion.by Mayor, Pro Tem Sills, seconded by Council Member Bradham that the use will not materially- endanger the public health or safety. Motion -carries unanimously. r 030 2. That the use meets all the required standards of the Unified Development Ordinance. Motion by Council Member -Bradham, second by Council Member Hargis that the use meets all required. standards of this ordinance. Motion carried unanimously. 3. That the use will not substantially injure the value of adjoining or abutting property. Motion by Mayor- Pro Tem Sills, seconded by Council Member McNeil to approve that, the third finding will not injure or substantially injure the adjoining property. Motion carries unanimously. 4. That adequate utilities, access roads, drainage, sanitation and other necessary facilities have been done or are being provided. Motion by Council Member McNeil, seconded by. Mayor Pro Tem Sills that adequate utilities, access roads, drainage, sanitation -'and other necessary facilities have been or are being provided. Motion carries unanimously: 5. The establishment of the proposed ° use shall not impede the orderly development and improvement of surrounding property. Motion by Mayor Pro Tem . Sills, second by Council Member. Bradham that the proposed use will not impede anything. Motion carries unanimously. 6. All required findings that the requested use will be in conformity with the City's adopted comprehensive plans: Clarifying the affirmative that required ,use would be in the affirmative with the cities adopted comprehensive plans. Motion by Council Member Bradham and seconded by Council Member McNeil -that all required findings that :the requested use will be in conformity. Motion, carries unanimously. Having found all of the required findings in the affirmative, you may consider a "motion to approve with. conditions as outlined by Ms. Manning, Special Use Permit Application SUP-25-03. Motion by Council Member Bradham, seconded by Council Member Hargis to approve with [following] conditions SUP-25-03 for use as a'childcare for more than eight at 1874 US Hwy, 301 PIN#1515-18-3182.000., Conditions r 1 • This is a Special Use for the operation of a child daycare more than eight (8) at 1874 US Hwy. 301 S. • This is the property delineated as Exhibit Ain the conditions, which shows the SUP Master Plan. • The use is limited to one child daycare facility. • Development of the site, will be consistent with the Special. Use Masten Plan and other appropriate processes would be necessary to provide the master plan, if it was considered substantial, • Approval of a Stormwater Management Plan is required prior to issuance of a Development Permit, since this site will exceed 20,000 square feet of impervious surface. • And lastly, the developer shall comply with city, state,. and federal regulations, if applicable, that are not addressed in these conditions. Motion carries unanimously. Mayor Elmore: Thank you, Tilghman. City Attorney:. Yes, Sir. r Mayor Elmore: Thank you all for investing in the community. t , Conditional Zoning CZ-25-03 800 N Fayetteville Ave Ironbrook Square Apartments Mayor Elmore opened a public hearing on this matter and called on Planner, Abby Manning to present the report. Ms. Manning presented Conditional -Zoning Request CZ-25-03' submitted by'Greenway Development LLC for the property at 800 North Fayetteville Avenue. The request was to rezone the 4.31-acre property from I=10 Industrial to RM-CZD (Residential Mixed -Conditional Zoning District) for the purpose of developing a 60-unit multifamily residential complex. Ms. Manning provided details about the property, .surrounding area, and the proposed development. She explained that the rezoning would expand theRM zoning area, which is primarily intended to accommodate residential uses. The proposed development would include 60 mixed -units of one, two, and three -bedroom apartments with amenities such as a clubhouse, fitness center, and computer center. Current site features are vacant, and adjacent properties include ;industrial- and residential uses. The rezoning is consistent with goals in the city's land use plan, such as encouraging high -density housing,close to amenities. With a traffic study not required -for developments under 100 units, Ms. Manning recommended approval based on the plan's consistency with city goals. Mark Richardson from ,Greenway Residential Development, spoke. in favor of :the project, highlighting the need for rental housing in the area, presenting a market study indicating demand for 580 units while they are proposing only 60. He pointed out Ghat the project would improve what he described as a blighted area, bringing new life and residents to Dunn. J. David Lee, owner of nearby properties, also spoke in support of the project, emphasizing its, potential to encourage development in -the area, improve..nearby property values, fill housing needs,and increase tax revenue for the city with -anticipated revenue between 35,000 and 40,000 dollars annually. Wanda Burns Ramsey, the listing agent for the property, discussed the challenges faced in attracting commercial development over the past four years -despite significant advertising efforts. She mentioned that only the current residential proposal had materialized into a contract. James Ringgard, an adjacent property- owner; expressed concerns about the- project's impact on his long- standing business, -citing over 35 years of operation at the site. He sought clarification on the types of buffers, fences, or landscaping proposed between the new development and his -property. After the public hearing was closed, the council discussed the differences in potential tax revenue between industrial and residential developments, -noting that while industrial development generally provides a higher -tax value, the -market demand indicates a significant need for housing at this time. Mayor ,Pro Tem Sills raised, concerns that despite .the housing demand, the tax benefits do not outweigh the Tong -term incentives that industrial zoning could fulfill. Motion by Mayor. Pro Tem Sills,, seconded by Council Member McNeil to deny. Conditional Zoning ,Request CZ-25-03 for rezoning 800 North'Fayetteville Avenue, citing that this rezoning would not align with the long-term industrial potential of that corridor. The motion carried unanimously. Conditional Zoning CZ-25-01 S Powell Ave. Juniper Creek'Apartments Mayor Elmore opened a public hearing on this matter and called on Planner, Abby Manning to present the report. Ms. Manning presented Conditional Zoning.Request CZ-25-01 submitted by Fitch IREC Affordable, LLC for -the property on South Powell Avenue. The request was to rezone the 7.03-acre property from 0&I and RM to RM- CZD for the purpose of developing a 64-unit multifamily residential complex. The location, of the site was detailed, as well as the zoning districts involved. Ms. Manning described the surrounding area, noting that the property was vacant and adjacent to both residential and office zones. City water and sewer services were available at the location. The proposed development featured an access point off South Powell Avenue, and a traffic study was not required as the development did not meet the threshold of 100 units that would necessitate such analysis. i Ms.. Manning explained that -the Conditional Zoning Master Plan showed the development would have over 22,000 square feet of improved or usable open space and�over- 30,000 square feet of natural open space: She also mentioned there would be a stub out for potential development on the adjacent property; which was a requirement of the Unified Development Ordinance (UDO). The development was considered infill, allowing deviations from some UD0 standards, such as increased impervious surface area beyond the typically allowed 40%. She noted that the land use plan categorized the area within the hospital district, which supports'_housing development along with medical and office facilities. The proposal was consistent with the city's land use plan goals, specifically encouraging new housing developments in designated, areas with existing infrastructure. Andre Gonzalez from Fitch Affordable then spoke in favor of the project. He highlighted"the compatibility of the proposed apartment complex, with the surrounding area, which is already served by city utilities. He addressed the pressing need for housing in the community, citing a- market study provided by the applicant that demonstrated significant demand for rental units exceeding supply. The project aimed to address_a portion of this shortfall with the 64 units proposed. J. Nowell Smith, owner of Skinner Smith Funeral Home, spoke against the project. He expressed concerns about its compatibility with his business, -emphasizing. that the existing zoning was intended to support commercial -uses related to the hospital. He noted that the area had been envisioned for commercial growth, particularly for medical offices and related enterprises. After closing the public hearing, council members engaged in a discussion about the proposal. Concerns were raised about deviating from the -area's intended commercial. use as laid out in the city's strategic plans. While there was acknowledgment.of the housing need in the area, the impact on existing businesses, -like the funeral home, was a focal pointof the discussion. . ;F 031 Motion by Mayor Pro. Tem, Sills, seconded. by- Council Member- McNeil to "deny Conditional Zoning Request CZ-25-01 for -South PowellAvenue, citing the need to adhere -to the original vision for the area as a medical and commercial zone. -The' motioncarried unanimously.- Specia1 Use Permit Request SUP-25-01 S Powell Ave. Juniper Creek Apartments., This item was removed from the agenda.as. it was rendered moot by the denial of the associated conditional zoning request. Motion b Council Member Hargis, seconded b Council Member Bradham to re y g y move item 10-from the agenda. The motion carried unanimously. Conditional Zonin - g CZ-25-02 Susan Tart Road Susan Tart Townhomes Mayor Elmore opened a public hearing on this matter and called on Planner., Abby Manning to present the report. Ms. Manning presented the revised Conditional Zoning Request- CZ-25-02 submitted by Susan Tart Development, LLC" for the property on Susan Tart Road. "The request.was to amend a 'previously approved - conditional zoning to allow for 22 'townhomes and a, commercial component. Ms. Manning explained that wetlands discovered on' the property necessitated the redesign. She provided details about the- property, surrounding area, and the proposed development. The site is 5.46 acres in size, is currently,vacani and wooded, : and utilities are available. The surrounding ,area includes, office and institutional zoning with existing. office uses to the north, residential RM zoning with' multifamily" residential ` use to the south, .and office and institutional zoning to the west with office use. To the east,.there, are office and institutional as well as vacant residential R-10 zoning areas. Ms. Manning noted that the request is -consistent with the city's land use plan, with the future land use map placing this property in the hospital district. This area emphasizes supporting -uses such as offices, clinics, laboratories,, accommodations, housing, and neighborhood -scale commercial. Goals and recommendations of - the land .use plan that are relevant include managing` future growth, encouraging new businesses, and allowing for a range_ of housing types. The Planning Board'had unanimously voted toi recommend approval on April 1st, and staff also recommended approval based on the.proposed development's consistency with the city's:land -use plan: Conditions that carry over from the previous zoning approval: 1. This will be a self. -contained site with no stub. streets. 2. Stormwater management will be installed to handle the maximum build out of the entire site. 3. Volume for use is townhomes - not to exceed 22 units, restaurants, medical tenants, and financial institutions are the uses permitted- bn the site. Pro.pos`ed"Conditions that, are. additional to the revised application: 1. Commercial- component is conceptual only; and the final layout shall comply"with the master plan or be modified to comply with.the underlying mixed -use plan. , 2. . The proposed driveway located off Susan Tart Road is subject to.NCDOT approval fordriveway permit: 3. if internal roads are accepted by the City of Dunn -for ownership and maintenance, the final roadway .;design will meet the minimum standards of the City of Dunn and any deviation would require approval from Public Works. 4.. The final site layout will be subject to review and final approval by. the Fire Marshall. Ben Stout, representing the'applicant, `spoke in favor of the project, explaining thechanges made due to the wetlands .discovery and 'expressing appreciation for the planning staff s assistance. He highlighted that the redesign led to a reduction in the number of-townhomes from 35 to 22 and emphasized"theeffort made to - . comply with all previous conditions. He praised the Planning staff for their support and expressed excitement to move forward with the development. After closing the public hearing, council members discussed the proposal. Motion by Council Member Hargis, seconded -by Council Member Bradham to approve the revisions for Conditional Rezoning Request CZ-25-02 for.Susan Tart Road, PIN# 1516-06-0454-000 as presented, including the following conditions recommended by staff which are 1.. This will be. a self-contained site with no stub streets. 2.. 'Stormwater,management will be installed to handle the maximum build out of the entire site. 3. Volume for use is townhomes not to exceed 22 units, restaurants, medical tenants, and financial institutions`are the uses permitted on the site. 4. Commercial component is conceptual only, and the final layout shall comply with the°,master Plan- or be modified to comply with the underlying mixed -use plan. 5. . The proposed driveway -located off, Susan Tart Road is subject .to NCDOT approval for driveway permit. 6. If internal roads are accepted by the -City `of Dunn for ownership and maintenance, the final roadway design will meet the minimum standards of the City of Dunn and any deviation would require approval from Public Works. 7. The final site layout will. be subject to review and final approval bythe'Fire Marshall. The motion carried unanimously.. Special Use Permit Request SUP-.25704 Susan Tart Road Susan Tart Townhomes Mayor Elmore: The next item is item 12, and this will, also be an evidentiary hearing. Mayor Elmore turned the case over to the City Attorney to take care of item 12. City Attorney: Thank you, Mr. Mayor. The next matter is case # SUP-25-04 . A request by .Susan -Tart Development, LLC for a Special Use Permit to-. allow the use of dwelling single family attached-townhomes at -PIN# 1516-06-0454-000. The property is conditionally zoned MXD, Mixed -Use. This meeting is judicial in nature and will be "conducted in accordance with special due process safeguards. At this time, all persons wishing to provide testimony should approach the podium to be sworn. Place your left hand on the Bible, raise your right hand, please. Do you solemnly swear that the testimony you're about to give will be the truth, the whole truth, and nothing.:but the truth so help you God? Abby Manning, Planner & Ben Stout (Applicant): I do City Attorney: Thank you Miss Manning; you- can stay in this meeting. We'll first hear from Planner, Abbey Manning, then from the applicant and their witnesses, and then, from opponents to the request. Parties may cross-examine witnesses after they.have testified. The questions are called or, if you havedocuments, evidence, reports, maps orother exhibits that you wish for the council to. consider, the witness than is most familiar with those should present them and ask that they be introduced into evidence. At this time, I will now open the meeting on +case #SUP-25-04, Special Use Permit Application and ask for testimony from the Planner. Planner, Abby Manning: Thank you. Our last case tonight is Special Use Permit Request SUP-25-04.. This Special Use Permit Request was submitted by the owner of the property, Susan Tart Development, .LLC. The applicant is requesting issuance of a Special Use Permit to operate the Use of dwelling, Single. Family Attached. or Townhome at the subject property at PIN 1516-06-0454.0,00 on-Susan`Tart Rd. This is the, corresponding Special -Use Request with CZ-25702 on the slide and on the first page of Staff Report, where you can see the property highlighted in orange. Here you can see the street view from Susan. Tart Rd. The acreage of the site is 5.46 acres. .The existing use is vacant and wooded. The proposed useds Townhomes. The current zoning is MXU-CZD. _City water and sewer is available at the site and the site does feature some wetlands. Just below this, ' is the data regarding surrounding properties. • To the north, we: have Office and Institutional zoning with an office use. To the south, we have residential R-M zoning. The existing us is multifamily residential. • To the west, we have Office and Institutional zoning. The existing use is :an office; and • to theeast;. we have Office and Institutional and residential R-10 zoning. The O&I use is an office, and the R-10 use is vacant. Next slide please. The proposed use- is. a 22-unit townhome complex. The project name is Susan Tart Townhomes. Access to the development will be on Susan Tart Road and a traffic study was not required for this, development. A conditional zoning of this property was. recently approved, which included the, residential portion of this development in addition to a commercial component. The townhome use requires issuance of a Special Use Permit . -The Special Use Master- Plan shows the proposed development has 1.47 acres of usable or natural or improved open space. 1.67 acres of natural open space, street -trees within the development and along Susan Hart Road and sidewalks within the development. Next.slide, please. This Special Use Permit Request is consistent with the City of Down Land Use plan.. The Future Land Use Map places this property in the Hospital District. This area is anchored by Betsy Johnson Hospital. In addition to the hospital and other medical facilities, this area emphasizes supporting uses .such as offices. Clinics, laboratories, accommodations, housing and neighborhood scale commercial. Next slide. 032 The requested Special Use is consistent with the goals and recommendations that are detailed in the Land Use Plan, .specifically Policy 1, 3, and 6. Policy one is to manage future growth and encourage quality development through implementation of the Strategic Vision Plan, the Land Use Plan and the Unified Development Ordinance and other plans and. Regulations adopted by City Council. Objective 1.5 is to encourage residential growth development in areas already served utilities and services. Policy .3 is to encourage new businesses, new businesses and non-residential development and office and industry areas designated on the future land use map. Objective 3.3 is to allow for integration of compatible uses in office and industry and the hospital district. Policy 6 is to encourage a range of housing types based on the availability of infrastructure, proximity,to"services and amenities, and compatibility with existing development described in the future Land Use Map. Objective .6.2 Within larger developments, encourage a higher density housing types to be located in those areas with closest proximity to services, amenities, and infrastructure. Attached to this report is the Conditional Zoning Application materials, the revised Special Use Master Plan, and the previously approved.:. Special Use Master Plan. Next slide please. "Here you can see the originally approved master plan showing the townhomes and this is on does not show the commercial component. You can see that it's located in the eastern side of the property. Next slide. The revised plan here shows the townhomes are located in the western side, of the property and there are, 22 instead of 35 as it was originally approved. Next slide. Also attached to the staff reportis the public noticing materials and the recommended conditions of approval, which I'll go over for you now. These conditions are carried forward from the conditions of CZ-25-02 of the zoning case regarding the same property, Harnett County -Pin# 1516-06-0454.0.00. • The site will be self-contained with no stub -streets. • A stormwater management plan or a stormwater shall be .installed to handle maximum build out of the entire site. • The. following 4 uses are only to be permitted on the site l.townhomes not to exceed 22 2.restaurants, 3.medical clinics, and 4.banks and financial institutions. • .The commercial component of the site is conceptual only. • The, final layout shall comply with the master plan or be modified to comply with -the underlying zoning of the site. • The proposed driveway, located off Susan Tart Rd. is subject to NCDOT driveway permit issuance. • If internal roads are accepted by the City of Dunn for ownership and maintenance, the final roadway design will meet the minimum standards of the City of Dunn, and any deviations will require approval from Public Works. • The final site layout will be subject to review and approval by the Fire Marshall. That concludes my presentation, and I can answer any questions you have. City Attorney:. Any questions from the Council for Ms. Manning? Anyone else that's been sworn to provide testimony you have questions for Ms: 'Manning? Thank you so much. We will now hear from the applicant. I know you were just up there, but if you'll state your name and address again. Applicant: yes, Sir. Thank you. Ben Stout, 222 Maiden Lane, Fayetteville, NC I support what Abby has presented and appreciate her time and help Sin. this matter. If you have any .questions, I'd be happy to try to address them. City Attorney:. You consent to the conditions that she's recommended. Applicant: Yes, Sir. -We've discussed that. City Attorney: Any questions for Mr: Stout? Mayor Pro Tern Sills: When we voted on this first time, was there a HOA in place? Yes. Applicant: That's one of the things we discussed with all these projects, especially.when you have storm water. I mean, it's you have to have it. So they'll be one set up. Typically, that happens when we go to get just like the project that recorded today.. Once it's recorded and you have your book and page number, we'll get all that stuff set up and all that paperwork filed accordingly. Mayor Pro Tem Sills: So do we need to put an HOA as a condition? Applicant: No. City Attorney: Yeah, yeah. The ordinance already requires the UDO. He still -has to comply with USDA requirements whether it's a condition or not. Applicant: Yes, Sir. Mayor Pro Tem Sills: So, there will be an HOA. Applicant: Yes, Sir. Council Member Hargis: - I have a question. I just can't see it that well in the thing. I. know we talked about it from before when you were up here about garages. Are you going have garages? Applicant: Yes. We have to have a certain amount of off-street parking that these projects and we've exceeded . by just a few spots. So, we'll have a parking pad out front, garage inside and there's a couple of ancillary spots near the mailbox kiosk, some overflow parking. Council Member. Hargis: OK, good. Do we need to add that as a condition? Garage, garage. Applicant: It's within the UDO as well. It is..Yes.-OK, OK. Make a point City Manager Neuschafer: It's recorded on the submission of the information that was admitted as evidence that outlines the parking table, 22 driveway and 22 garages. Council Member Hargis: OK, I didn't see that. OK, Small handwriting over there. City Attorney: Any other questions for Mr. Stout? We will now hear from. people opposing the request. Hearing none and seeing none, this will be a final opportunity for Council to ask questions of the applicant or proponents or opponents, or for Miss Manning. Once the hearing has been closed,- questions may only be -for clarification and no new evidence may be introduced. Are there any further questions from Council? Are there any conditions other than those that have been recommended by staff that you would like to ask the applicant to consider in the granting of this permit? If not, we'll enter the appropriate time to entertain a motion to close the hearing. Mayor Pro Tem Sills: So moved. City Attorney. OK. Motion by Mayor Pro Tem Sills, second by Council Member Bradham to close public hearing. Any discussion? All in favor say, aye. Council: Aye. Any opposed? OK, motion passed Mayor. All right. City Attorney: As we had with the earlier Special Use Permit, there are six (6) required findings that you must find in the affirmative before you can consider awarding the Special Use Permit.. Usually, we will consider those one by one. And since this is a matter that has previously been before you and you have previously approved the permit and the proposed use is less intense than what you previously proposed, I'm going to read all six findings.. And if you care to make a motion that all six findings have been found in the ` affirmative, that would be appropriate. • First finding is that the use will not materially endanger the public health or safety if located where proposed and developed according to the plan I submitted and approved. • The second is that the use meets all required standards of the Unified Development Ordinance. • The third -is that the use will not substantially injure the value of adjoining or abutting property. • The 4th is that adequate utilities, access roads, drainage, sanitation and other necessary facilities have been or are being provided. • The 5th is the establishment of the proposed use shall not impede the orderly development and improvement of surrounding property. • The 6th is the requested use will be in conformity with the City's adopted comprehensive plans. Mayor Pro Tem Sills: Mayor, I move that's all six (6) findings of fact be voted for in the affirmative. Council Member McNeil: Second i 033 City Attorney: Motion by Mayor Pro Tern Sills, second by Council Member McNeil. Any discussion? All in favor aye, Council: Aye City Attorney: Any opposed? Motion carries in favor. City Attorney: Having found all required findings in the affirmative, you may consider a motion to approve and conditions of Special Use Permit. Mayor Pro Tern Sills: I move to approve with conditions Special Use Permit SUP-25-04 for dwelling single family attached townhomes, PIN 1516-06-0454.000 Susan Tart Rd. Council Member Hargis: Second. City Attorney: All in favor of the motion say, Aye. Any opposed? OK. Motion passes. Thank you. Consideration of Republic Waste. Contract Extension. Billy Godwin, Assistant City Manager, presented the proposed extension of the Republic Waste contract for an additional 5 years. He detailed the terms of the extension, which encompassed a 4% rate increase for fiscal years 26 and 27, and for the fiscal years 28, 29, and 30, the rate increases would be the lesser of the consumer price index for waste services or 5 percent, whichever is less. The city would have the option to opt out -of yard waste collection with 120 days' notice. This aspect was specifically included upon the council's request, as yard waste collection had been a point of contention. Council .members expressedsome reservations about the yard waste collection, with Mayor Pro -Tem Sills indicating his intent to vote for the contract, albeit reluctantly, due to constituents' general disfavor and his personal disuse of the. yard waste can. He ' shared that financially and logistically, there were no better alternatives to the current service. Council Member Bradham echoed Mr. Sills's sentiments. Motion by Council Member Bradham, seconded by Council Member Tart to approve as presented the second amendment to the existing contract between the City of Dunn and Republic Waste Services.. The motion carried unanimously. A copy -of 2"1 Amendment to the Existing Republic Waste Services Contract is incorporated into these minutes as Attachment #2. Voluntary Annexation Petition ANX-03-2 5 US 301 N Jernigan Rd University Storage, LLC (step #2) City Manager Neuschafer presented the second step of the voluntary annexation process for property owned by University Storage LLC on US 301 North and Jernigan Road. Motion by Council Member Tart, seconded by Mayor Pro Tem.Sills to approve step 2 of the annexation process for ANX-03-2 5 . The motion carried unanimously. A copy of Resolution Fixing Date ofPublic Hearing (R2025-21) is incorporated into these minutes as Attachment #3. Voluntary Annexation Petition-ANX-04-25 Arrowhead Rd. & US 301 S. Sam Harnett, LLC (Step #1) City Manager Neuschafer presented the first step of the voluntary annexation process for 65 acres of property owned by Sam Harnett LLC on Arrowhead Road and US 301 South. Mayor Elmore noted that this annexation was part of a partnership to build a spec building in the area. Motion by Mayor Pro Tem Sills, seconded by Council Member Hargis to adopt the Resolution to Direct the Clerk to Investigate the Voluntary Annexation Petition ANX-04-25 Arrowhead Road. The motion carried unanimously. A copy of Resolution to Direct. Clerk to Investigate (R2025-22) is incorporated into these minutes as Attachment #4. Voluntary Annexation Petition-ANX-05-25 Arrowhead Rd. & US 301 S. County of Harnett (Step #1) Steve Neuschafer presented the first step of the voluntary annex atiomprocess for property owned by.Harnett County on Arrowhead Road and US 301 South, which is part of the same development partnership as the previous item. Motion by Council Member Hargis, seconded by Mr. Sills to adopt the Resolution Directing the City Clerk to Investigate the Voluntary Annexation Petition ANX-05-25 as received. The motion carried unanimously. A copy of Resolution Directing City Clerk to Investigate (R2025-23) is incorporated into these minutes as Attachment #5. Consideration of Ordinance to Demolish House 305 W Greenwood - TABLED March 25, 2025 Mayor Elmore called on the Inspections Department to provide an update on the property at 305 West Greenwood Street, which had been tabled from the previous meeting. .John Ganus, Inspector presented photos and details of the property's, current condition, noting significant structural and safety issues. He also mentioned -that the owner had submitted a permit application for repairs,: but it did not address all the necessary issues and exceeded 50% of the structure's value. Frederick McNall, the property owner, spoke about his efforts to repair the house and its sentimental value to his family. After discussion, the council voted on the matter. Motion by Mayor Pro Ten! Sills, seconded by Council Member-Bradham to adopt the Ordinance Directing the Code Inspector to .Proceed with the Demolition of the.Structure Located at 305 West Greenwood, PIN #1516-35-6273.000. The motion was carried, with Council Member McNeil voting against.. A copy of - Ordinance Directing Code Inspector to Proceed with Demolition of the Structure Located at 305 W.. Greenwo.od (02025-07)is incorporated into these minutes as Attachment #6. Food Lion Pump Station Study Funding Application for Consideration City Manager Neuschafer presented a request for authorization to file an application with the State of .North Carolina fora loan and/or grant -to aid in the study and/or construction of upgrades" to. the Food Lion pump station. He explained that the current SOC projects involve removing the machine and welding pump station on US Highway 301 South and installing a gravity line: However-, the waste from areas across I-95, including the Circle K, Hardy World, the two industrial parks, and new proposed developments, would still be -directed to the Food Lion pump -station: Given the age and capacity of the Food Lion pump station, which was .installed in the 1980s, it was recommended to move forward with exploring funding options for upgrades to support future growth in the area.- The engineering firm DMP will handle the application process with the state, and the outcome will determine available funding options. This application is crucial for sustaining the corridor's infrastructure, ensuring it can handle increased sewage demands, and preventing'future regulatory compliance issues similar to an SOC. Motion' by Council Member Bradham, seconded by -Council Member Hargis to . adopt :the attached Resolution -Authorizing the- City Manager to .Execute and File an Application .with the State:of North Carolina for a Loan and/or Grant to Aid in the Study -of or Construction of the Project after ensuring that the :exploration of funding options aligns with addressing future needs and alleviating SOC concerns, the motion carried unanimously. A copy of Resolution Authorizing City Manager to Execute and File -Application for Loan and/or Grant to Aid in Study of or Construction of the Project (R2025-24) is incorporated into these minutes as Attachment #7. ANNOUNCEMENTS; INFORMATION, AND CLOSED SESSION Administrative Reports City.Manager Neuschafer provided an update on the city's goals and objectives, stating that they were being maintained as proposed. Financial-Report/Assessment Update -" Finance Director McNall presented the financial report for the month of March, 2025. Assistant City_ Manager,Godwin provided an update on the Wayfinding Signs Project, stating that the signs were - currently in production. He anticipated that the installation process would begin sometime in May, aiming for._ completion ahead of the upcoming .World Series. event, though he was careful to note. that the completion' timeline was ideally before the event. ADJOURNMENT The meeting was, adjourned upon a motion by Council Member Bradham that was seconded by Mayor Pro Tem Sills and unanimously approved. e`° % %miaiRoP Elmore, Jr., Mayo Attest: �,OTy®F ®® B �® lie CJORPORA SEAL elissa R. Ma Clerk 1'�' • • • ®fie �,,gCAR t °°®®