HomeMy WebLinkAbout10-22-24 Regular CITY OF
P2024-10 ATTACH#1
8$7 10-22-24
NORTH FARINA
rodamatton
Recognition of Veterans c/Jay 2024
WHEREAS, Veterans Day is an annual Holiday in the United State honoring military veterans
and is observed on November 11th, which is the anniversary of the signing of the Armistice
that ended World War I; and
WHEREAS, on Veterans Day, we reflect upon the invaluable contributions of our country's
veterans and reaffirm our commitment to provide them and their families with the support
they have earned; and
WHEREAS, on Veterans Day, we pay tribute to the service and sacrifice of the men and
women who bravely defended our freedom, answering the calls of duty and risking their lives
to protect their fellow countrymen, thereby inspiring our nation with their courage and
dedication; and
WHEREAS, the observance of Veterans Day not only preserves the historical significance of
the date, but helps focus attention on the important purpose of Veterans Day: to honor and
pay tribute to all military veterans who have served in the United States Armed Forces.
NOW, THEREFORE BE IT RESOLVED,that I, Mayor William P. Elmore Jr., do hereby proclaim
November 11, 2024 as "Veterans Day" in the City of Dunn and, on behalf of the City Council
and the residents of the City of Dunn and all those who call Dunn home, extend our heartfelt
gratitude to our Veterans, and encourage our community to recognize their valor and sacrifice
by showing them the honor they are due, through appropriate ceremonies and uplifting our
veterans and their families in your prayers.
Proclaimed-this the 22'd day of Octo6er, 2024.
William P. Elmore Jr.
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Mayor
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AT EST:
�'.�°Y x ° s,a 'S a t" „'�,',,;, pay, 6 •
'' £ elissa R. Matti, C , CCMC
City Clerk
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?Oi ere cornmunz ��1ns!
CITY OF DUNN BUDGET ORDINANCE AMENDMENT Department: Water Treatment
Budget Amendment#: 13
FISCAL YEAR ENDING: 6/30/2025 Date: 10/22/2024
•A `ria io'ro i t n Amount of 'ro
.A riatiion
pP P
DESCRIRTION rBefore Amendment
-. <.. ,. : . .. .:._. .,. _ � .< :: =.:Amendment.. • _ .,Increase ectease
Water and Sewer 03'0-0'811-1501 Maintenance-Water Tanks 70,000.00 21,050.00 $ 91,050.00
EXPENDITURE TOTAL $ 70,000.00 $ 21,050 00 $' 91,050 00
Appropriation: Amount�`of A ro nation,
-�:; '-_.�,� ,.._• -Arr�endiment �`. .. ��.Increa'se/ Decrease. .. .';° _Arrrendme`nt '
Water and Sewer 030-0390-4000 Fund Balance Appropriation $ 844,484.00 $ 21,050.00 $ 865,534.00
RfEVENUE TOTAL $ 844,484 00 $ 21,050 00 $ 865,534.00
CERTIFICATION: I certify this requested budget amendment was a ro y the City Council on:
City Manager: 10/22/2024
Finance Director: 10/22/2024
JUSTIFICATION: Allocate funding for the pain d adtlmg logos to_the Carr Street
'water tower this was an unbudgeted expense
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FUNDING SOURCE: Appropriate Water and Sewer Fund reserves
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• SUP-06-24(ATTACH#2)
10-22-24
4 r Planning Staff Report
Rezoning Case:SUP-06-24
-,R oa,, City Council Meeting:October 22,2024
-,, , r is 4 r Location:N. Powell Ave between
�� �� �„ W Cumberland Street and N Ashe Ave
102 N Po ell Ave PO Box1065 .:Dil-nil,.Nerth Ceiolina 28,335
( 0)230,3505 i,C tyofDunn.or
Request: SUP for Townhome Use
The applicant requests a Special Use Permit to construct townhomes. The applicant has received Council approval to
conditionally rezone the project site to CZ-MXU in July 2024. The applicant is requesting the use of single-family attached
dwellings in addition to single-family detached dwellings which are permitted by right.Townhomes are permitted on properties
in the MXU zoning district only through issuance of a Special Use Permit. Phase 1 of the development consists of townhomes.
This Special Use Permit application only applies to Phase 1.
Property Information:
OWNER/APPLICANT: General Utility Company(Owner);
Donald Lee Curry,Jr.,Brickyard Management(Applicant) - . 4' ' �`
ADDRESS/LOCATION:Refer to Location Map. N Powell Avenue. - 0�� �`������a�� ����
P.I.N.(s):1516-93-1325.000; 1517-03-0036.000; � �
-- .��filtt 4�� � e1 ��O, r
41507-92-4674.000 ›.„:„..„.„7„.*„.,:-.,„,
5 \k,0ytr ��4v o� o 4 ,5, �. �
O ,'i��n � , >��0,40 � 5� �
SIZE:The area of disturbance is 18.06 acres+/-. � - �����,��,,���,��,��,�,,e ��,�������� , ; ; j
�,x r $ M"' s c t1 j +
EXISTING ZONING: The subject parcel is currently zoned CZ- ;�;
MXU.This district is to accommodate a variety of housing types in ,a �����` ttt
a neighborhood setting and is intended to provide areas for higher . 7" c 5' ; '°'��tt a���a•;
density residential development near commercial areas. The N, ,
intent is to create higher density residential areas that 't} " , t t
compliment commercial districts with physical proximity and ;S z= M �, ,wr ` , ' �1
pedestrian connectivity. Location :'
, .!
EXISTING LAND USE:The subject parcel is currently vacant/wooded lands and farmland.
•4 w� 4* , .`� � * � SURROUNDING LAND USE: •
r�Z �� 4 � � ,4ri North:Wooded lands,farmland,single family residential
�� �� 40.6 1610** ° . itT '�� East: Commercial;Industrial
tw ;(4' � a �n x 0� a� ^0 a1ni't' `� � ��
h � o �i� � kok Via ; West: Wooded lands
w vtriti o t� It �l* � � � tl k � � ,t it South:Wooded lands and Commercial
•^�.�h�� � 1t\°a �R���� l�� � ie� ttliyap ��a a,
� ` .44 ` �°1 ` , "Vi 51 OTHER SITE CHARACTERISTICS:
, ,� arc1'17.71,�� x,itt �� , A portion of the two westernmost parcels are located within the
j: n. � r ,'Re '` �'\° ,���,"�'E; Special Flood Zone Hazard Area. The parcels are located within the
• FF City of Dunn s ETJ and will be processed for annexations at a later
°• �� 1 ����� � ,.. stage of the development process. The applicant is proposing two
�* �,„� � ems$`� � � � g � t���'..� "
° �, i . its entrances off N Powell Avenue, as well as a stub-street(Street D)to
' Surrounding Land Uses 1/ i s �� ��.) the North.
DEVELOPMENT REVIEW:
Should the Special Use Permit application be approved by Council, the applicant shall submit the Major Subdivision
Development Permit application for review and approval.
DIMENSIONAL PROVISIONS FOR REQUESTED USE:
Minimum Standard
Front Yard Setback 20 feet
Side Yard Setback 0 feet(attached);1 0 feet
Rear Yard Setback 20 feet
Secondary Front/Street Side 15 feet
Lot Area 6000 square feet minimum
Lot Width 50 linear feet
Maximum Impervious Surface N/A
DEVELOPMENT POTENTIAL:
Maximum Number of Townhomes Smallest Lot
120 6,000 square feet
FUTURE LAND USE PLAN CLASSIFICATIONS:
The future land use classification of the property is
"Medium Density Residential" and "Highway ,
Commercial," as illustrated in Future Land Use Map.The 4 � �`
tom 3 �
Special Use proposed is consistent with the adopted Land h, � ,x ...
Use Plan. 4),!,,, TV;%t,,„ stvo
rio
Medium Density Residential: Medium Density Residential _'� �� � k`� a�z, c ra,3`,� ,�
<�v ��a� � a �rfi�° ��a � � a
applies to majority single-family neighborhoods. Some ..- �°
f$4,„tat
attached dwellings may be appropriate, including
clustering and conservation-oriented subdivisions, and a��4k �" ��°
townhomes maybe considered aspart of aplanned � ^ �
" "° ° z � ' >� ,,3at f!x lamar a
development.Medium Density Residential areas w k jatfif2„. ° a-
are often characterized as "suburban", with few non- Nu�°a
�� t —
� *gym
residential uses and low-volume neighborhood streets. / is
° '���
Pedestrian facilities are appropriate, though connectivity
with surrounding areas may be interrupted by higher
Future Land Uses °. 0
volume arterial roads.
Highway Commercial:These areas feature larger-scale commercial uses, oriented along major thoroughfares and junctions
that serve a local and regional market. This area includes retail, lodging, and services in multi-tenant developments often
anchored by a large retailer or employer.While generally automobile-oriented, efforts should be made to provide pedestrian
and vehicle connectivity between parcels to avoid access-related congestion. Light industry and multi-family developments
may also be appropriate.
Associated plan goals and policies that may be considered include the following:
Policy 2 of the Future Land Use Plan:Strengthen Dunn's identity and enhance its character by encouraging high-quality design
throughout the city;2.1:Develop design standards for residential projects.
Policy 6:Encourage a range of housing types based on the availability of infrastructure,proximity to services and amenities,and
compatibility with existing development as described in the Future Land Use Map.
IMPACTS ON LOCAL INFRASTRUCTURE AND FACILITIES
UTILITIES:Public water lines and public sewer lines are available for the subject parcels.
TRAFFIC:Traffic Impact Analysis will be completed prior to preliminary plat approval.
CONDITIONS OF APPROVAL:See attached Conditions of Approval.
Attachments:
Conditions of Approval
Notification Mailing List
Application
Special Use Master Plan
Conditions of Approval
SUP-06-24
SUP-06-24: Special Use Permit for single-family attached dwellings (townhomes) on PINs 1516-93-1325.000; 1517-
03-0036.000;1507-92-4674.000.
The property delineated with Exhibit"A" is subject to the following conditions:
A. Applicability: All use and development of the property applicable to this Special Use Permit(SUP-06-24)and as
delineated in Exhibit "A" shall occur consistent with the standards and requirements for. Townhomes per the
Dunn Unified Development Ordinance.
B. Permitted and Prohibited Uses.
1. Townhome use is limited to 120 single family attached residential units and as shown on the Special Use
Master appearing in Exhibit"A".
C. Development Standards.
1. No single-family residential lot within this development shall be smaller than 6000 square feet in size.
2. Setback Standards. Minimum setback standards for this residential development shall be:
Front: 20 feet
Side/End: 0 feet/10 feet
Corner Side: 15 feet
Rear: 20 feet
3. Signage for this development be in accordance with the applicable sign regulations as set forth in Unified
Development Ordinance and that the proper permit(s)be obtained prior to the installation of any permanent
signs on the property. Note:This conditional approval is NOT approval for the size,shape, or location of any
signs.
G. Other Conditions.
1. Open Space and Amenities:
a. The construction of the pedestrian boardwalk over the wetlands shall be completed in conjunction
with the townhomes during Phase 1 of this development.
2. Use and Development Conditions.
a. This Special Use Permit and the master plan conditions of approval are not to be construed as all-
encompassing of the applicable rules, regulations, etc., which must be complied with for any
development. Other regulations, such as building, environmental, health, State agencies, and so
forth, may govern the specific development. The developer is the party responsible to ensure full
compliance with all applicable Federal,State,and local regulations.
All Conditions of Approval from CZ-06-24 carry forward, not limited to those listed below:
1. Mixtures of unit types shall vary, however,there shall be no more than 120 townhomes.
2. Minimum lot widths for single-family attached shall be 20 feet.
3. Single-family attached units shall be front-loaded, or rear-loaded (via alley), however in any case,
they must contain at least a single car garage.
4. Developer shall establish in the covenants that all trash and recycling containers provided by the
city shall be kept inside the garage of all single-family attached units or developer to provide
enclosed trash corral with 100%opaque screening from view of any right of way.
5. The private, recorded legal documents governing the subdivision shall obligate the homeowner's
association to maintain the landscaping and lawn care on all lots containing single-family
attached (townhome) units.All common areas and landscape buffers shall also be maintained by
the HOA per the city's UDO requirements.
6. The side elevation of a townhome that faces an existing or proposed right-of-way(excluding
alleys) shall be consistent with the front façade and shall include two (2) of the following
elements:
a. Windows or shutters
b. Addition of a gable, dormer, or shed roof
c. Two or more building materials
d. Decorative trim, shake, cornice, horizontal trim, brackets or air vents/windows on the gable.
e. Variation in siding material pattern for at least 20 percent of the wall area
f. Matching window grids.
7. Parking:A minimum of 2 spaces per unit.
8. Utility Allocations:
Water: 17,010 GPD
Sewer: 14,175 GPD
The above Special Use Conditions are accepted by the owner as an applicant at the October 22,2024,City Council
hearing,as documented by the official hearing minutes for that day.
Issued by:
Alyssa Garcia, MPA,CZO Date
SPECIAL USE PERMIT APPLICATION
Petitioner: Brickyard Management, LLC
Property: N. Powell Ave. Assemblage
STATEMENTS OF JUSTIFICATION
STATEMENT 1; The use will not materially endanger the public health or safety if located
where proposed and developed according to the plan as submitted and approved.
STATEMENT BY PETITIONER:
The proposed use will not materially endanger the public health of safety if located where
proposed and developed according to the plan as submitted and approved.The location,use, and
proposed layout is consistent with the City's published land planning documents and the recently
approved rezoning.The proposed use will be designed in a manner that meets approved
standards for public safety including proper construction materials and installation methods.
The Owner will obtain permits with the local authorities with jurisdiction prior to initiating
construction.
STATEMENT 2: The use meets all required standards of this Ordinance.
STATEMENT BY PETITIONER
The proposed use of single family attached and detached residential lots meets all required
standards of the City of Dunn Ordinance,The development also complies with NCDOT and
NCDEQ design requirements and standards, Construction documents will incorporate standards
and requirements from all requisite agencies and the Developer will secure all necessary
permits prior to initiating construction.
STATEMENT 3 The use wilt not substantially injure the value of adjoining or abutting
property.
STATEMENT BY PETITIONER:
The requested use as single family homes will not substantially injure the value of adjoining or
abutting property riot will they impair the integrity or character of these surrounding properties
nor will they be a detriment to health,morals or welfare,The requested use is the first step
toward revitalizing an area that is in need of growth and development.The properties in question
have long been vacant.The proposed use for the property appropriately preserves existing
environmentally sensitive areas and utilizes existing utility infrastructure. Furthermore,the
proposed development is expected to increase adjacent property values due to new construction
and price point relative to the existing properties.
STATEMENT h Adequate utilities,access roads,drainage,sanitation,and other
necessary facilities have been or are being provided,
STATEMENT BY PETITIONER:
Existing infrastructure including water,sewer,natural gas,and roadway access is in place to
allow for the development of this property based on the proposed use. The development will
extend this infrastructure to serve the development arid surrounding properties.
STATEMENT 5: The establishment of the proposed use shall not impede the orderly
development and improvement of surrounding property.
STATEMENT BY PETITIONER:
The establishment of the proposed use does not impede the orderly development and
improvement of surrounding property.The proposed layout takes into account adjacent potential
development to the north by providing a street connection and utility stubs for future
connectivity, thereby lessening the burden of developing the adjacent parcel and providing
improved emergency vehicular access and utility redundancy.
STATEMENT 6 The requested use wilt be in conformity with the City's adopted
comprehensive plants).
STATEMENT BY PETITIONER:
The requested use is in compliance and conformity with the City's adopted.Comprehensive Plans
including the Land Use Plan and Unified Development Ordinance. According to the City of
Ounn's Land Use Plan adopted on December 13,2022,the property is identified as"medium
density residential'which is consistent with the proposed housing type proposed in this
rezoning.The proposed use specifically addresses Policy 6 in the Land Use Plan which states:
"Encourage a range of housing types based on the availability of infrastructure,proximity to
services and amenities,and compatibility with existing development as described in the Future
Land Use map.-This proposed rezoning also allows for compliance with Policy 6.1 which
encourages a mix of lot sizes and/or housing types.
The proposed use of single family attached and detached residential lots complies with the
allowable principal permitted uses listed in the City Code,Article 4,Section 4,03 Establishment
of Zoning Districts and Article 5.Section 5,06 Table of Permitted Uses.
The proposed use and accompanying layout are also in compliance with the recently approved
rezoning conditions for the parcels in question.The provided layout incorporates the associated
density,setback,and use restrictions as approved in this rezoning.
ATTACH#3
10-22-24
•- 3
7i
STATE OF NORTH CAROLINA
DEVELOPMENT AGREEMENT
PURSUANT TO §160D-1001,ET SEQ.
COUNTY OF HARNETT
THIS DEVELOPMENT AGREEMENT ("Agreement") is made as of the 22nd day of
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October, 2024, by and between RP WeIions Land & Development, LLC, a North Carolina
limited liability company, (hereinafter referred to as "Developer") and the City of Dunn, a
North Carolina municipal corporation(hereinafter referred to as the"City").
WITNESSETH:
WHEREAS, Developer is the owner of certain property located within the City's
corporate limits identified as Middleton Townes Subdivision Phase One, as shown and depicted
on that plat of the same name and recorded in Map Book 2023, Page 506, Harnett County
Registry attached hereto as Exhibit A.(the"Developer's Property"); and
WHEREAS, as an integral part of the Middleton Townes Subdivision Phase One
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development, Developer has prepared an Overall Site Plan for the Friendly Road Lane Widening
project which site plan contains the development plan and construction drawings for the Friendly
Road widening project and which are attached hereto as Exhibit B and incorporated herein by
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reference (hereinafter the "Plan and Construction Drawings"). Said Plan and Construction
Drawings being subject to approval by the City were prepared by Fleet Temple Engineering,
PLLC and dated 9-23-2023; and
o intends to build a residential housingdevelopment WHEREAS, Developer on
Developer's Property located off Friendly Road, Dunn, NC 28334 and bearing the subdivision
name Middleton Townes Subdivision Phase One. (the "Development"). In conjunction with the
Development the City's Uniform Development Ordinance (UDO) requires the Developer to
bear the costs of and to install in R-7 zoning districts: underground drainage, curb and gutter,
public water and hydrants, public sewer, streetlights, paved streets, street trees, street signs,
underground wiring park open space, and sidewalks. (the"Developer Obligations");and
WHEREAS, in connection with the performance of the Developer Obligations the City
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has requested that the Developer include with the Developer Obligations certain additional work
for the benefit of the City for which the City shall bear the costs to wit: installation along the
North side of Friendly Road 1,120 linear feet of 30"curb and gutter and a five (5)foot sidewalk
with concrete handicap ramps; six inch (6") concrete driveway aprons where appropriate;
resurfacing with a one inch (1") overlay approximately 1,120 linear feet (3,960 sq/yds) of
Friendly Road; installation of various sizes of RCP and curb inlets for stormwater drainage; and,
relocation of a fire hydrant and sewer lateral (the"City-Requested Improvements");and
WHEREAS, in further connection with the performance of the Developer Obligations,
the Developer and the City have agreed that certain other additional work will benefit both the
Developer and the City and therefore,the parties have agreed that following additional work will
be included with the Developer's Obligations and the parties will equally bear the costs of the
following: installation of 1300 linear feet of 30" curb and gutter on the North side of Friendly
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Road and a five (5)foot sidewalk with concrete handicap ramps; installation of 700 linear feet of
30"curb and gutter on the South side of Friendly Road; resurfacing with a one inch (1")overlay
approximately 1,325 linear feet (4,925 sq/yds) of Friendly Road; installation of various sizes of
RCP and curb inlets for stormwater drainage; and, relocation of a fire hydrant (the "Mutual
Improvements"); and
WHEREAS,the parties hereto desire to enter into this Agreement to bind themselves to
certain terms, conditions and obligations regarding the following: (i) certain obligations by
Developer to construct the Development and to (i) complete the Developer Obligations, and (ii)
the City's reimbursement of certain expenses related to Developer's Obligations as set out
herein.
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.
A. Developer shall build and completely construct the Development according to
the Plan and Construction Drawings.
B. Developer shall design, obtain appropriate permits and construct and dedicate
to the City, subject to the City's acceptance, the Developer's Obligations, the
City-Requested Improvements, and the Mutual Improvements, (hereinafter
"Infrastructure and Appurtenances") as shown on the Plans and
Construction Drawings.
C. Developer shall construct the Infrastructure and Appurtenances at the same
time as it constructs the Development and according to the Plans and
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Construction Drawings. Thereafter, Developer shall offer for dedication to
the Citythe Infrastructure and Appurtenances. Prior to the City's acceptance
of said dedication of the Infrastructure and Appurtenances, such acceptance
being in the City's sole discretion, the City's Public Utilities Director
("Director") or designee may inspect the same to.ascertain that they are in
proper working order, not in need of repair or modification and free from any
defects in workmanship. If the Director determines that the Infrastructure and
Appurtenances are not in proper working order, the Director shall provide
written notice thereof to Developer,who shall make such repairs within ninety
(90) days of such notice, whereupon the Director shall reinspect the
Infrastructure and Appurtenances.
D. Developer warrants that all Infrastructure and Appurtenances constructed and
installed by Developer and dedicated to the City shall remain in proper
working order, shall not be in need of repair or modification, and shall be free
from any defects in workmanship for a period of one year from the date of
acceptance of dedication by the City.
E. Developer shall complete construction of the Development pursuant to the
Plan and Construction Drawings.
F. Upon completion of the Developer's Obligations, Developer shall offer for
dedication said Infrastructure and Appurtenances to the City for ownership
and operation. Provided, however, any dedication by Developer to the City
shall not release Developer from Developer Obligations or its further
obligation to correct any part of the Infrastructure or Appurtenances within
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one year from the date of dedication (hereinafter "Corrective Work
Period"). Developer hereby agrees to warrant and correct during the
Corrective Work Period all or any part of the Infrastructure and
Appurtenances as determined by the Director as being defective, inadequate
or failing to meet workmanlike standards. Developer shall comply with all
reasonable directives and requirements issued by the Director regarding the
construction of the Infrastructure and Appurtenances.
G. Developer shall bear as its separate obligation all permit fees, fines, costs, and
penalties imposed or assessed by any governmental agency or regulatory
authority regarding the construction of the Development and Infrastructure
and Appurtenances, subject to reimbursement as provided herein. Developer 3
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shall provide and maintain a performance bond, in a form satisfactory to the
City and in favor of the City bonding and guaranteeing the full and faithful
performance of all terms, obligations and conditions herein; and, Developer
shall indemnify and hold the City harmless from any and all loss, cost or
damage, including reasonable attorney's fees, occasioned by any act or
omission relating to the construction of the Infrastructure and Appurtenances.
H. Developer shall maintain or cause to be maintained, in full force and effect,
commercial general public liability insurance with a financially responsible
insurance company or companies licensed to do business in the State of North
Carolina insuring against claims on account of loss of life, bodily injury, or
property damage that may arise from, or be occasioned by,the performance of
their respective obligations under this Agreement; and, such insurance shall
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provide for a combined single limit of not less than Two Million and No/100
Dollars ($2,000,000.00) for bodily injury, death, or property damage. Such
insurance shall extend to the contractual obligation of the insured party arising
out of the indemnification obligations set forth in this Agreement. At the
City's request, Developer shall furnish to the City evidence that the insurance
described above is in full force and effect. All such insurance shall include a
waiver of subrogation by the insurer against the City. Except for the
Developer's right to enforce the City's obligation to pay Developer the City's
Reimbursement as provided in Section 3, Developer hereby waives all other
rights of recovery against the City and its officials, employees and agents, for
any and all damages, consequential losses, lost profits, interruption of
construction or lost sales or services.
I. Developer shall indemnify and hold harmless the City and its agents from and
against any and all claims for damage of any kind including, but not limited
to, damage or injury to the person or property of anyone or any entity arising
from any act, omission or performance of or non-performance by Developer
of its obligation under this Agreement including, but not limited to, the
defense or pursuit of any claim or any action or proceeding with respect
thereto; and in case any action or proceeding is brought against the City by
reason of any such matter, then in such event, Developer, upon notice from
the City, shall defend the City at Developer's expense by counsel reasonably
satisfactory to the City. The City need not have first paid any such claim in
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order to be so indemnified. This indemnity shall expressly survive expiration
or termination of this Agreement. •
J. All construction performed by Developer pursuant to this Agreement shall be
performed and completed in the locations shown and in accordance with the
Plan and Construction Drawings approved by the City.
Pursuant to N.C.G.S. 160A-320,this is a contract between the Developer and
City for added public enterprise improvements that are ancillary to
Developer's private development but not occasioned by the Developer. The
coordination of separately contracted improvements (e.g. the portion of the
Infrastructure and Appurtenances requested by the City) would cost the City
more if constructed separately from the work required to be performed by the
Developer in connection with the Development. The City is reimbursing
Developer for costs associated with the construction of the City-Requested
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Improvements and for one-half(1/2)the costs of the Mutual Improvements
all of which is over and above that which would be required of a developer
under the City's Unified Development Ordinance. Developer agrees to
execute such documentation (such as deeds and easements) as the City may
request to achieve the purposes of this Agreement.
Section 2. Remedies. Should Developer fail to perform any of Developer's Obligations set
out in Section 1, then the City may, at the City's election and in addition to other
remedies set forth herein or allowed by law refuse to grant certificates of
occupancy for the Development until Developer has satisfied any such obligation,
term or condition.
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Section 3. City Obligations. Within thirty (30) days after Developer (i) completes
construction of the Infrastructure and Appurtenances, (ii) obtains all permits for
the Infrastructure and Appurtenances, (iii) offers the same to the City for
dedication and (iv) the City accepts the dedication of the same, the City will
reimburse Developer for the actual cost incurred by Developer for the City-
Requested Improvements and for one-half (1/2) the costs of the Mutual
Improvements (the "City's Reimbursement"). The City's Reimbursement for
the City-Requested Improvements and for one-half (1/2) the costs of the
Mutual Improvements shall not exceed $752,232.22. Eligible costs for the City
Reimbursement include all those items listed under "City of Dunn Costs" and
one-half(1/2) of the costs of those items listed under "Welions Construction &
City of Dunn Share Costs" as shown on that estimate from Wellons Construction
Inc., dated September 20, 2024, entitled "Friendly Road Improvements — Share
Costs" which estimate is attached hereto as Exhibit C and incorporated herein by
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reference. In addition to the$752,232.22 set forth above,the City-Reimbursement
shall also include not more than $39,100.00 for Mobilization, Clearing and
Demolition for tree removal on the North side of Friendly and the removal and
replacement of a brick wall as set forth in the above-referenced estimate.
Section 4. Additional Documents. The parties agree to take all necessary action to enter
into, execute and deliver any and all written documents necessary to carry out the
intent and terms of this Agreement. However, it is acknowledged and agreed by
Developer that nothing in this Agreement shall create any obligation upon the
City to issue any permits in connection with construction of the Infrastructure and
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Appurtenances nor shall this Agreement create any obligation upon the City that
would impede or impair the City in performing any governmental function,
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including without limitation, (i) development, building and fire inspections, (ii)
construction and site plan review, or(iii)issuance of certificates of occupancy.
Section 5. 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, orFederal Express, Airborne Express, or similar overnight
P � P' Pby p' p' � g
delivery service,addressed as follows:
If to Developer: RP Wellons Land&Development,LLC
Attn: Seth Thompson
P.O.Box 730
Dunn,NC 28835
If to Town: City of Dunn
Attn: City Manager's Office
401 East Broad Street
Dunn,NC 28334
Notice shall be deemed to have been given upon receipt. Refusal of delivery shall
be deemed receipt.
Section 6. Covenant Running With The Land. It is the intention of the parties hereto that
this Agreement shall be an equitable servitude and a covenant running with the
lands comprising the Development. This Agreement shall be recorded by the
Developer with the Harnett County Register of Deeds.
Section 7. Modification. No minor modification of this Agreement shall be valid or binding
unless such modification is in writing, duly dated and signed by both parties.
Major modifications must be approved following the procedures in G.S. 160D-
-9-
1006(e). Any modification that increases the City's reimbursement requirement
by more than$54000.00 shall constitute a major modification.
Section 8. 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
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
}
arm's length negotiations. Each party is represented by separate counsel.
Section 9. 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 will not be unreasonably withheld or delayed provided the
Assignee demonstrates to the City its capability to perform the Developer's
Obligations herein.
Section 10. 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.
-10-
}
Section 11. Binding Effect. It is mutually understood and specifically agreed that this
Agreement is binding Developer's successors,- assigns, tenants, lessees and
sublessees of the parties hereto.
Section 12. Governing Law. This Agreement shall be interpreted and construed in
accordance with the laws of the State of North Carolina.
Section 13. 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 14. Counterparts. This Agreement may be executed in one or more counterparts.
$
Section 15. 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 16. Headings. The captions and headings throughout this Agreement 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 Agreement.
fi
Section 17. Counsel and Draftsmanship. The parties hereto have sought and received the
and executingthis
advice of their respective legal counsel in drafting, preparing
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.
-11 -
Section 18. 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.
Section 19. Term. This Agreement shall be for a period of two (2) years, unless extended by
agreement of the parties.
Section 20. Compliance with Development Agreement Act. This Agreement is entered into
between the Developer and the City pursuant to North Carolina General Statutes
§§160D-1001 through 160D-1012 (the "Development Agreement Act"). The
City Council has detetinined that the estimated benefits to be received by the City
are in excess of the City Reimbursement and the City would not be able to
complete such improvements for the cost of the City's Reimbursement if
contracted separately from this Agreement. Pursuant to North Carolina General
Statute §160D-1005, a legislative public hearing was held on October 22,2024
by the City Council for the City. The notice for the legislative public hearing
specified, among other things, the location of the Development, the development
uses proposed by the Development and a place where the proposed Agreement
could be obtained,being 401 East Broad Street, Dunn,NC 28334.
IN WITNESS WHEREOF,this Agreement has been executed the day and year first above
written.
RP Wellons Development, LLC, a North
Carolin united lia ility company
By: Robert P. Wellons
Title: Manager
- 12-
FCIT OF DUNN
By: 1/2
®eoldWittipm P.Elmore,J•.
A sttd: K.
• dog, .
elissa R.Mattis SAI-
City Clerk CJ''•: •°'.T
••• ....•• %
�eoaa�eio�
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33
,3!
-13-
3
STATE OF NORTH CAROLINA
COUNTY OF ' ' ' prr
I, a notary public of the County and State aforesaid, certify that Robert P. Wellons, Manager for
RP Wellons Land & Development, LLC personally appeared before me this day and
acknowledged the due execution of the foregoing instrument.
7A /
Witness myhand and official stampor seal,this M dayof ,2024.
My Commission Expires ol7a.,�a�` ublic
•
l.- • °'0 CF' q
STATE OF NORTH CAROLINA
COUNTY OF WARENalitidt
I, a Notary Public of the County and State aforesaid, certify that William P. Elmore, Jr.
personally came before me this day and acknowledged that he is Mayor of City of Dunn, 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 Mayor, sealed with its corporate seal and
attested by Melissa R.Mattis as its City Clerk.
A_Ce
Witness my hand and official stamp or seal,this t2 day of L ' .2024.
My C ,mmission Expires: o 7,.2025-
.
e P01°j14a ary Public
m �• � o
m s
•
CS p
�off. °� .
ff _ .
�LIG ••
- 14-
Exhibit A
Plat of Middleton Townes Subdivision Phase One by 4Dsite solutions dated 9-21-2023 and
recorded in Map Book 2023,Page 506, Harnett County Registry.
Exhibit B
Plan and Construction Drawings entitled Overall Site Plan for the Friendly Road Lane Widening
prepared by Fleet Temple Engineering,PLLC and dated 9-23-2023.
Exhibit C
Estimate from Wellons Construction Inc., dated September 20,2024, entitled"Friendly Road
Improvements—Share Costs."
jS
}
-15-
218
Dunn City Council
Special Called Meeting
Thursday,February 18,2022
2:00 p.m.,Dunn Municipal Building
Minutes
PRESENT: Mayor William P.Elmore Jr.,Mayor Pro Tem Dr.David L.Bradham,Council Members Frank
McLean,Billy N.Tart,and Chuck Turnage.Absent:Council Members J.Wesley Sills and April Gaulden
Also present City Manager Steven Neuschafer,Assistant City Manager Mathew Boone,Finance Director Jim
Roberts,Public Utilities Director Heather Adams,and City Attorney Tilghman Pope
CALL TO ORDER AND INVOCATION
Mayor Elmore opened the meeting at 2:00 p.m.,gave the invocation and led in the Pledge of Allegiance.
Motion by Mayor Pro Tem Bradham and second by Council Member McLean to enter Closed Session to
instruct the staff concerning the negotiation of the price and terms of a contract concerning the acquisition of
real property in accordance with[N.C.G.S.143-318.11(a)(5)].Motion unanimously approved.
Mayor Elmore reconvened the meeting and with no further business to discuss,motion by Council Member
Turnage and second by Mayor Pro Tem Bradham to adjourn the meeting at 4:32 p.m.Motion unanimously
approved.
••‘' CITY pF'%,
•
0• RPO
� T�`: = William P.Elmore Jr.
: SEAL Mayor
Attest 0 ;'
▪ •
ti CARO\-io`
•
•
Tammy illiams
City Clerk
(ATTACH#4)
10-22-24
NORTH CAROLNA
HARNETT COUNTY
WATER PURCHASE CONTRACT
fa
THIS CONTRACT, for the sale and purchase of water, is entered into this the day
of 14 2024,. byand between the CITY OF DUNN,hereinafter referred to as the
CITY(seller),and the SAMPSON COUNTY WATER AND SEWER DISTRICT 2,hereinafter
referred to as the DISTRICT(purchaser).
WITNESSETH
WHEREAS,the DISTRICT is organized and established under the provisions of.Chapter
153A of the North Carolina General Statutes and, under the authority of G.S. 153A-275, operates
a water supply and distribution system, serving water users within the area described in plans on
file in the offices of the DISTRICT, entitled, "Sampson County Water and Sewer District 2"
County Complex, East Rowan Street, Clinton, North Carolina, 28328, and in the exercise of this
authority, requires a supply of treated water;and
WHEREAS,the CITY is organized and established under the provisions of Chapter
160A of the North Carolina General Statutes and owns and operates a water supply and distribution
system,with a capacity currently capable of serving the present customers of the CITY'S system
and the estimated number of water users to be served by the DISTRICT as shown in the plans of
the system, entitled, "Sampson County Water and Sewer District 2" now on file in the offices of
1
the DISTRICT; and
WHEREAS,the CITY agrees to sell, and the DISTRICT agrees to purchase, a supply of
treated water in accordance with the terms and conditions set forth below.
NOW,THEREFORE,in consideration of the foregoing and the mutual agreements herein
set forth,the parties hereby agree as follows:
1. The CITY Agrees:
(a) Quantity and Quality: To furnish the DISTRICT at the point of delivery hereinafter
specified during the term of this contract or any renewal or extension thereof, potable
treated water meeting applicable purity standards established under the North Carolina
Drinking Water Act, G.S. 13 0A-311 et. seq. and the rules promulgated thereunder
governing Public Water Systems in 15A NCAC Chapter 18C. CITY agrees to furnish such
quantities as may be required by the DISTRICT not to exceed a monthly average of 75,000
gallons per day and a daily maximum of 100,000 gallons. Further, in the event the daily
flow exceeds. 1.5 times the maximum daily flow contracted for due to excessive use, a
break in the DISTRICT'S water system, or other emergency, the DISTRICT is obligated
to immediately contact the CITY'S utility personnel and inform them the maximum daily
amount will be exceeded. Each of the parties hereto shall immediately notify the other of
an emergency or condition which may affect the quality of water in either party's system.
The DISTRICT further agrees that their minimum quarterly usage shall not be less than
3.0 million gallons,or approximately 32,876 gallons per day.To determine quarterly usage,
a quarterly running total shall be calculated using a running three (3) billing cycle period;
based on this calculation, total usage during each period shall be equal to or greater than
2
3.0 million gallons.Usage calculations shall be tallied using CITY'S monthly water billing
cycle,which occurs on or near the 15th (fifteenth) day of each month. Should the quarterly
running total fall below the established minimum level, an additional billing equal to the
established minimum level less the quarterly running total would be in order.
(b) Point of Delivery and Pressure: That water will be furnished at a reasonably constant
pressure calculated at 50 to 55 PSI from existing 6-inch supply main at the point located
on Highway 55 known as Highway 55 Meter Pit (35.297945, -78.573297). If a greater
pressure than that noxtiially available at the point of delivery is required by the DISTRICT,
the cost of providing such greater pressure shall be born by the DISTRICT; emergency
failures of pressure or supply due to main supply line breaks,power failure, flood,fire, and
use of water to fight fire, earthquake, or other catastrophe, shall excuse noncompliance by
the CITY from this provision for such reasonable period of time as may be necessary to
restore service at the required pressure.
(c) Metering Equipment: To operate and maintain at its own expense at the point of
delivery the necessary metering equipment, including a meter house or pit required
devices of standard type for properly measuring the quantity of water delivered to the
DISTRICT and to calibrate such metering equipment whenever requested by the
DISTRICT, but no more frequently than once every twelve months; a meter registering
not more than 2% above or below the test results shall be deemed to be accurate. The
previous readings of any meter disclosed by test to be inaccurate shall be corrected for the
three (3) months previous to such test in accordance with the percentage of inaccuracy
found by such test.If the meter fails to register for any period of time,the amount of water
furnished for such period shall be deemed to be the amount of water delivered in the
3
corresponding period immediately prior to the failure, unless the CITY and the
DISTRICT shall agree upon a different amount. The metering equipment shall be read
monthly by the CITY according to the CITY'S prevailing meter reading schedule. An
official of the DISTRICT shall have access to the meter for the purpose of verifying its
reading at any reasonable time, upon request.
(d) Billing Procedure: To furnish the DISTRICT at the above address, not later than
the 10th day of each month with an itemized statement of the amount of water furnished
to the DISTRICT during the preceding month.
2. The DISTRICT Agrees:
(a) Payment Date: To pay the CITY'S monthly bill no later than the past due date
posted on the statement for water furnished, which said past due date shall be at least 10
days but not more than 20 days after the date of statement for water delivered.
(b) Rates: That the water rates charged by the CITY to the DISTRICT shall be no
greater than the prevailing municipal wholesale bulk rate charged by the CITY to its other
municipal customers which rate, at the time of execution of this contract, is $2.75 per
1,000 gallons for water used as determined by the readings from the Highway 55 meter.
This shall be the rate until such time as CITY rates change pursuant to paragraph (3)(e)
below. In consideration therefore, and to minimize the potential for competition between
the DISTRICT and the CITY for a particular customer or group of customers, the
DISTRICT will establish rates that are equal to or greater than the rate charged by the
CITY for a corresponding volume used by the same classification of user.
3. It is further agreed between the CITY and DISTRICT as follows:
4
(a) Terris of Contract:That this contract shall extend for a term of 1 year from the date
of the initial delivery of any water as shown by the first bill submitted by the CITY to the
DISTRICT and thereafter,may be renewed or extended upon.such terms as may be agreed
upon by the CITY and the DISTRICT.
(b) Delivery of Water: That 10 days prior to the estimated date of the delivery of water
to the DISTRICT'S water supply distribution system, the DISTRICT shall notify the
CITY in writing setting out the date for the initial delivery of water.
(c) Water for Testing: When requested by the DISTRICT, the CITY will make
available to the contractor or the DISTRICT personnel at the point of delivery or other
point reasonably close thereto,water sufficient for testing,flushing, and filling the system.
The DISTRICT shall notify the CITY at least 12 hours prior to said testing, flushing, or
filling any request for the provision of water for said purpose.
(d) Failure to Deliver: The CITY, at all times, shall operate and maintain its system
in an efficient manner and will take such action as may be necessary to furnish the
DISTRICT with quantities of water required by the DISTRICT as stated in this contract.
Temporary or partial failures to deliver water shall be remedied with all possible dispatch.
In the event of an extended shortage of water or the supply of water available to the CITY
is otherwise diminished over an extended period of time, the supply of water to the
DISTRICT'S consumers shall be reduced or diminished in the same ratio or proportion
as the supply to the CITY'S consumers is reduced or diminished.
(e) Modification of Contract: That requests to modify the provisions of this contract
pertaining to the volume of water to be furnished to the DISTRICT may be made by the
5
DISTRICT by written notice to the CITY given at least sixty (60) days prior to the
desired effective date of said modifications. Notwithstanding any other provision of this
contract, the provisions hereof pertaining to the schedule of rates to be paid to the CITY
for water delivery are subject to modification at the end of every fiscal yearperiod,
generally coinciding with annual budget preparation and may be modified by the CITY
by written notice to the DISTRICT given at least 60 days prior to the desired effective
date of said modification provided however, that any and all increases shall be subject to
the rate limitations set out in Paragraph 2(b) above. Further, during the 1 year duration of
this agreement the CITY and the DISTRICT mutually agree and understand that any
requests by either party for modifications of this agreement shall be submitted in written
form to the other party at least.sixty (60) days prior to the desired effective date of the
requested modification provided that no such modification shall be permitted except upon
the expressed mutual consent of both parties.
(f) Regulatory Agencies: That this contract is subject to such rules, regulations, or
laws as may be applicable in similar agreements in this State, and the CITY and the
DISTRICT will collaborate in obtaining such permits, certificates, or other regulatory
compliance as may be required.
(g) Successor to the DISTRICT: In the event of any occurrence rendering the
DISTRICT incapable of perfotiiiing under this contract,any successor of the DISTRICT,
whether the result of legal process, assignment, or otherwise, shall succeed to the rights of
the DISTRICT hereunder.
6
(h) Authority to Amend, Modify or Alter: No officer or agent of the CITY or
DISTRICT other than the City Board of Commissioners or the District Board shall have
the power to amend, modify, or alter this agreement, or in any may waive any condition or
to bind CITY or DISTRICT to make any promises or representation not contained herein.
(i) Responsibility for Quality: It is distinctly understood and agreed by both parties
hereto that the CITY'S obligation as to the bacteriological quality of water furnished only
applies to the point of delivery. The DISTRICT shall be solely responsible for the
bacteriological quality of water beyond the point of delivery.
(j) Policies and Ordinances of the City of Dunn: It is understood and agreed by both
parties that the DISTRICT shall be subject to all policies and ordinances of the CITY,
including those implemented in the future, which relates to the subject matter of this
contract..If a policy or ordinance directly conflicts with any term of this contract,then the
contract shall control.
(k) Emergency Situations:Notwithstanding any other provision of this contract,in the
event of an emergency situation created by unexpected events beyond the control of either
party,the Director of Public Works or his designee on behalf of the CITY,and the County
Manager or his designee on behalf of the DISTRICT, may agree to a modification or
alteration of the terms of this contract in order to address the emergency situation. Any
such modification or change shall continue in effect for the duration of the emergency or
until the governing board of either party directs its discontinuance, whichever occurs
earlier.
(1) Addresses for Notice: Whenever notice or information is to be furnished by the
CITY to the DISTRICT,it shall be personally delivered or mailed to the County Manager
7
at the Sampson County Office Complex, 435 Rowan Road, Clinton, North Carolina
28328.Whenever notice or information is to be furnished by the DISTRICT to the CITY,
-it shall be personally delivered or mailed to the City Manager at the Dunn City Hall or
Post Office Box 1065, Dunn, North Carolina 28335-1065. As used herein "personal
delivery"includes email, facsimile, or physical delivery.
NOW THEREFORE,the parties hereunto have set their hands and seals the said day and year
first
above written.
CITY O DUNN
� as@3B@V6gg®
By: fir, / ,o‘r.N.1\11
OF a
William P. Elmore, �, �yor
°
o
aF ° 4
A vS . ,° �'®
4_1-c
elissa Matti, •
lerk
SAMPSON DISTRICT WATER AND SEWER
DISTRICT 2
By:
Chairperson, District Board
ATTEST:
Clerk to the District Board
8