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HomeMy WebLinkAbout101623 mHARNETT COUNTY BOARD OF COMMISSIONERS Regular Meeting Minutes October 16, 2023 The Harnett County Board of Commissioners met in regular session on Monday, October 16, 2023 at 6:00 pm, in the Commissioners Meeting Room, Harnett County Resource Center and Library, 455 McKinney Parkway, Lillington, North Carolina. Members present: Members absent: Staff present: William Morris, Vice Chairman Barbara McKoy, Commissioner Lewis W. Weatherspoon, Commissioner Matthew B. Nicol, Chairman W.Brooks Matthews, Commissioner Brent Trout, County Manager Dwight Snow, County Attorney Allen Coats, Deputy Finance Officer Melissa Capps, Clerk Vice Chainnan Morris called the meeting to order at 6:00 pm. Vice Chairman Morris led the Pledge of Allegiance and provided the invocation. Vice Chairman Morris called for any additions or deletions to the published agenda. Commissioner Weatherspoon requested to add an item under new business, to discuss the quarry expansion of Martin Marietta. Commissioner Weatherspoon made a motion to approve the agenda as amended. Commissioner McKoy seconded the motion. The motion carried unanimously. Commissioner McKoy made a motion to approve the consent agenda. Commissioner Weatherspoon seconded the motion. The motion passed unanimously. The items on the consent agenda were as follows: A.Minutes1.Regular Meeting Minutes of October 2, 2023 ii.Work Session Minutes of October 10, 2023 B.Angier Fire Department is seeking the approval of the Board of Commissioners to construct a new Fire Station in the 700 Block of Mangum Rd, the Lillington side of new bypass, at a cost of 4 to 5 million dollars. The property has been purchased by the department. They are proposing the construction of an 8,000 sq. ft. station. Their contractor has estimated the cost per sq ft to be $450 to $525 per sq. ft. This would put the cost of the station between $3,600,000 to $4,200,000. An additional $800,000 would be spent to purchase a rescue pumper and additional equipment. Their Board Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page I of 13 feels this will improve response times in the area of the new bypass. They will fund the project with a loan from the USDA. C.Harnett County Emergency Services is requesting Board approval to receive a total of $56,890.90 in Homeland Security funding from North Carolina Emergency Management. We have been awarded $19,775.45 to purchase a new variable message board for Emergency Management and $37,115.45 for a swift water rescue trailer which will go to the Swift Water Team housed out of Bui es Creek Fire Department. There is no cost share related to these awards for the county. D.The Harnett County Public Library respectfully requests permission to accept the American Library Association's Community Connect: Fostering Digital Access Grant on behalf of the Angier Public Library. This grant award includes 5 laptops, 5 hotspots, 1 year of cellular network service for each hotspot, and $2,000 to go towards digital literacy programming, equipment, and supplies. No match required. E.IT requests approval of the 2nd phase agreement from CloudWyze for broadband expansion derived from our Harnett County Broadband Initiative RFP in 2020. The 2nd phase will cover part of western Harnett County from Highway 87 towards Lillington around the Highway 27 corridor. This phase will be entirely a fiber implementation and will cover around 2,800 locations. The goal is to reach as many unserved homes and close gaps between potential grant opportunities in this area as possible. F.Veterans Services requests approval and acceptance of BJA Grant funds for Veterans Treatment Court. This grant is for a four-year period in the amount of $950,000. G.Harnett Regional Water requests the Board adopt a resolution authorizing a grant and/or loan application to NCDEQ to address the USEPA required Lead & Copper Rule Revisions Compliance Project. The project will construct a lead service line inventory for HRW and its customers. (Attachment 1) H.The Legal Department requests the approval of the land lease with leasehold improvements between the County and CAD Enterprises, Inc. The annual lease amount is $3,088.85 annually for a period of ten years with one 5-year option to renew. I.Administration is requesting the Board of Commissioners approve the allocation of $5,000 of displaced ARP A funding for two sessions of Digital Literacy Training with Cloud Wyze. J.The Harnett County Board of Commissioners appoint Rose Ferguson as a County Commissioner Appointee to the Juvenile Crime Prevention Council and Stephanie Taylor as an Alternate Representative to the Historic Properties Commission. K.Adopt a Resolution to Partially Abandon an Unpaved Portion of SR 1422 (Ausley Road) from North Carolina's Secondary Road System. (Attachment 2) Chairman Nicol opened the meeting for informal comments by the public, allowing up to 3 minutes for each presentation up to 30 minutes. The following people provided comments: Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 2 of 13 1.Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC. 2.Alan Longman of234 Hamilton Road, Bunnlevel, NC. 3.Zach Howerton of 124 Powell Drive, Fuquay Varina, NC. 4.Rebekah Brock of 5220 Christian Light Road, Fuquay Vamia, NC. 5.Marge Morton of 86 Gwyndolyn Way, Fuquay Vamia, NC. Ms. Morton presented an updated petition. A copy is on file in the clerk's office. No one else spoke. The public comment period was closed. Paul Polinski, Social Services Director, presented information regarding a budget amendment for mandated service for Foster Care Room and Board payments. Additional funding is needed for the Title IV-E Federal Foster Care and State Foster Home programs due to rate increases as well as to budget new funding for Kinship Foster Care payments associated with Senate Bill 20. Allen Coats, Deputy Finance Officer, shared the recommendation is to use fund balance this year and look at additional revenue resources to cover it in the future. Commissioner McKoy made a motion to approve the budget amendment. The motion was seconded by Commissioner Weatherspoon and carried unanimously. (Attachment 3) Steve Ward, Hamett Regional Water Director, reviewed information regarding a request to extend water and sewer to the construction site of the proposed new fire station for Angier Fire Department in the 700 Block of Mangum Road. A cost estimate was provided. Commissioner Weatherspoon made a motion to extend water and sewer to the construction site of the proposed new fire station for Angier Fire Department in the 700 Block of Mangum Road. Commissioner McKoy seconded the motion. The motion carried unanimously. Sarah Arbour, Long Range Planner/Planner II, petitioned the Board for a public hearing on Proposed Zoning Change: Case# PLAN2307-0005 Landowner / Applicant: LGI Homes NC, LLC/ Greenfield Communities; 35.36 +/-acres; PIN# 0655-02-6490.000; Proposed rezoning from the RA-40 to the RA-30 zoning district; Piney Grove Rawls Rd., Fuquay-Varina; Hectors Creek Township. Ms. Arbourstated staffs evaluation is: •The impact to the adjacent property owners is reasonable, and the benefits of the rezoning outweigh any potential inconvenience or harm to the community. The requested rezoning of the property to RA-30 may result in the expansion of sewer service for future development and may improve the existing road network for the adjacent developments via connection to stub roads in adjacent developments. •The requested zoning district is not fully compatible with the Agricultural and Rural Residential land use classification. Typically, this land use classification is primarily for agricultural and low-density residential land uses and is located in areas of the County that lack utility infrastructure and rely on septic system for wastewater treatment. However, the recent introduction of sewer to the area has made the land more suitable for higher density residential developments and greater use intensities. As a result, the existing land uses in the area have changed considerably and no longer reflect the typical development patterns compatible with the existing future land use Hamett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 3 of 13 classification, which was adopted in 2016. The future land use classification in this area will be re-evaluated through the comprehensive land use plan update in the coming months. •The requested zoning designation would enhance the public health, safety and general welfare due to the potential for increased connectivity of the road network through the potential road connections from the Serenity development to the north and the Regalwood Development to the south. •The request does not need to be evaluated for Small Scale Rezoning based on the size of the property and the similarity of permitted uses in the requested zoning district. •As stated in the evaluation, the requested rezoning to RA-30 is reasonable due to the compatibility with surrounding land uses and the availability of public water and public sewer. Therefore, it is recommended that this rezoning request be APPROVED. On September 5, 2023 the Harnett County Planning Board voted unanimously ( 4-0) to recommend approval of this rezoning due to the growth patterns in this area. Three residents were present from the adjacent Regalwood subdivision to speak in opposition of the proposed rezoning. Concerns included: •The residents opposed a possible connection to the Regalwood Subdivision road stub, Sherman Drive, in the event that the subject property is developed as a major subdivision due to a possible increase in traffic. Residents stated that the current width of Sherman Rd. cannot accommodate an increase in residential or construction traffic and expressed concerns of the safety and accessibility of the active open space for the subdivision. •The residents also opposed the request to rezone due to concerns that the lot and home sizes would be incompatible with the current lot and home sizes in their existing subdivision. Vice Chairman Morris opened the public hearing and the following people spoke: I.Tony Tate of 5011 South park Drive, Durham, NC spoke in favor of the request. 2.Ben Taylor of 32 Retreat Drive, Fuquay Varina, NC spoke in favor of the request. Commissioner Weatherspoon asked if staff had any comments regarding the closure of Sherman Road. Mark Locklear, Development Services Director, shared they have had conversations leading up to this meeting, clear and exactly what the situation is when it comes to Sherman Road, we understand those roads are small roads, and obviously they have no interest in people from the Greenfield Development coming through their development. We have consulted with NCDOT, NCDOT has advised us that Serenity has numerous access points, because it is a large scale neighborhood, and because of its numerous access points, it wouldn't be necessary to go through down to Sherman Pines Road. The only issue we are trying to work out now is do we need a cul-de-sac, do we need a hammerhead at the end of it. There is a requirement in Harnett County for dead end roads to have a turnaround for emergency vehicles and we have yet to resolve. Commissioner McKoy expressed concerns and stated you do not have any guarantee. Commissioner McKoy stated she is very aware of Serenity Springs and she is very concerned Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 4 of 13 with the congestion and the traffic. Commissioner McKoy stated I am against reducing the lot size to put more houses on this property; it is creating a hazard in this County with the traffic. Vice Chairman Morris asked if the Board was to set this aside for 30 days would the applicant be able to get a written agreement with NCDOT. Mr. Taylor stated he is not sure if NCDOT will weigh in without seeing a plan; that is our concern. Mr. Taylor pointed out there is a land use that's already been approved that actually had more lots by LGI Homes former application. There are construction drawings prepared that have been all but approved at County staff level. Mr. Taylor shared information on what they are proposing. 3.Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC spoke in opposition of the request. 4.Alan Longman of234 Hamilton Road, Bunnlevel, NC spoke in opposition of the request. 5.Karen Reichert of 6711 River Road, Fuquay Varina, NC spoke in opposition of the request. 6.Donna Waldron of 291 Sherman Road, Fuquay Varina, NC stated they would like something more concrete than a gentleman's agreement in not punching through Sherman Drive. 7.John Picolla of 14 Bass Hound Circle, Fuquay Varina also shared concerns regarding not opening Sherman Road. He stated he would like to see something in writing. No one else spoke and the public hearing was closed. Commissioner Weatherspoon stated since we do not have two commissioners here tonight, and in order for the applicant to get a written agreement, he made a motion to table Proposed Zoning Change: Case# PLAN2307-0005 until November 20, 2023. Commissioner McKoy made a motion to deny Proposed Zoning Change: Case# PLAN2307-0005. Vice Chairman Morris seconded the motion to table Proposed Zoning Change: Case# PLAN2307-0005. Vice Chairman Morris and Commissioner Weatherspoon voted in favor of tabling Proposed Zoning Change: Case# PLAN2307-0005 to November 20, 2023. Commissioner McKoy voted against the motion. The motion carried 2: 1. Ms. Arbour petitioned the Board for a public hearing on Proposed Zoning Change: Case# PLAN2308-0003 Landowner/ Applicant: MVI Group, LLC / CE Group, Inc.; 10.10 +/-acres; Pin #0653-30-4549.000; From RA-20 M to Commercial Zoning District; Hector's Creek Township; US Hwy 401 North. Ms. Arbourstated staff's evaluation is: •The requested zoning change to Commercial is reasonable as the property is located along a major thoroughfare, and there are several non-residential uses in the vicinity. •The requested zoning district is completely compatible with the underlying land uses, Employment Mixed Use and Rural Centers. These two land use classifications are development nodes designed to encourage commercial activity and economic development throughout the County. •The requested zoning would enhance or maintain public health, safety and general welfare due to a nonresidential growth patterns along US 401 and the required site improvements once developed for commercial use. Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 5 of 13 •Due the compatibility of the requested zoning classification with the underlying land use and the proximity of the requested zoning classification to the subject property, the request does not need to be evaluated for reasonableness. •As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on the presence of the existing businesses in the area, the direct access to US HWY 401, the potential site improvements that would be required, and compatibility with the land use classifications. It is recommended that this rezoning request be APPROVED. On September 5, 2023, the Harnett County Planning Board voted unanimously (4-0) to recommend approval of the requested rezoning due to the compatibility with the Harnett County Land Use Plan. There was one resident present to speak in opposition of the requested rezoning. The resident expressed concerns that some of the uses permitted within the Commercial zoning district could negatively impact his family's adjacent properties with noise, light, and air pollution. Vice Chairman Morris opened the public hearing and the following people spoke: 1.Mark Ashness of301 Glenwood Ave, Suite 220. Raleigh, NC spoke in favor of the request. 2.Alan Longman of234 Hamilton Road, Bunnlevel, NC spoke in opposition to the request. 3.Scott Parrish of 658 Kipling Road, Fuquay Varina, NC spoke in opposition to the request. 4.Zach Hobbs of 99 Kipling Road, Fuquay Varnia, NC spoke in opposition to the request. 5.Amber Chiarello of Porch Swing Lane, Fuquay Varnia, NC spoke in opposition to the request. 6.Tim Johnson of24 Bay Street, Fuquay Varnia, NC spoke in opposition to the request. Commissioner Weatherspoon stated being that we have two commissioners not here, he made a motion to table Proposed Zoning Change: Case# PLAN2308-0003 until November 20, 2023. Commissioner McKoy seconded the motion. The motion carried unanimously. Commissioner McKoy made a motion to table all of the items until the next meeting. Vice Chairman Morris deferred to Attorney Snow since the public hearings are on the agenda. Attorney Snow stated the public hearings have been advertised, you would need to defer action after the public hearing has been held. Commissioner McKoy stated she can agree with that but if we are going to table one or two, we need to table all. Commissioner McKoy stated even with the public hearing, you have two commissioners not here, so what do we do when we come back to the subject. Vice Chairman Morris stated if we hold the public hearing there is a record. Attorney Snow stated everything is being recorded, they should go back and listen to those comments before making a decision. Ms. Arbourpetitioned the Board for a public hearing on Proposed Zoning Change: Case# PLAN2308-0002 Landowner/Applicant: MVI Group, LLC / CE Group, Inc.; 31.023 +/-acres; Pin #0653-40-2393.000; From RA-30 to Commercial Zoning District; Hector's Creek Township; SR# 1576 (Kipling Church Road) & NC Hwy 401 N. Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 6 of 13 Ms. Arbourstated staffs evaluation is: •The requested zoning change to Commercial is reasonable. The property is located in close proximity to the requested zoning classification and there are several non­ residential uses in the vicinity. •The requested zoning district is compatible with the underlying land uses, Employment Mixed Use and Rural Centers. These two land use classifications are development nodes designed to encourage commercial activity and economic development throughout the County. •The requested zoning would enhance or maintain public health, safety and general welfare due the required site improvements once developed for commercial use. •Due the compatibility of the requested zoning classification with the underlying land use and the proximity of the requested zoning classification to the subject property, the request does not need to be evaluated for reasonableness. •As stated in the evaluation, the requested rezoning to Commercial would not have an unreasonable impact on the surrounding community based on the presence of the existing businesses in the area, the potential site improvements that would be required, and compatibility with the land use classifications. It is recommended that this rezoning request be APPROVED. At the October 2, 2023 Planning Board meeting, the board voted unanimously, (5-0), to recommend denial of the proposed rezoning based on limited road access and the potential impact on the surrounding properties. Several residents spoke in opposition of the proposed rezoning, and one resident spoke in favor of the rezoning, but with concerns. The residents who spoke stated concerns regarding: •Access on SR# 1576, Kipling Church Rd. •Safety for the children who play in the area •Preservation of the area's history and the heritage of the residents in this area •Impacts to the wildlife population Vice Chairman Morris opened the public hearing and the following people spoke: 1.Mark Ashness of 301 Glenwood Ave, Suite 220 Raleigh, NC spoke in favor of the request. 2.Marge Morton of 86 Gwyndolyn Way, Fuquay-Vamia, NC spoke in opposition to the request. 3.Dan Smith of 132 Kipling Road, Fuquay-Varina, NC spoke in opposition to the request. 4.Alan Longman of 234 Hamilton Road, Bunnlevel, NC spoke in opposition of the request. 5.Scott Parrish of 658 Kipling Road, Fuquay-Varina, NC spoke in opposition to the request. 6.Ernie Watson of 170 Cattie Drive, Cameron NC spoke in opposition to the request. 7.Betty Harmen of 118 Benton Place, Angier, NC spoke in opposition to the request. Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 7 of 13 8.Denis Boucher of Porch Swing Lane, Fuquay-Varnia, NC spoke in opposition to the request. 9.Rebekah Brock of 5220 Christian Light Road, Fuquay-Varnia, NC spoke in opposition to the request. 10.Amber Chiarello of Porch Swing Lane, Fuquay Varnia, NC spoke in opposition to the request. No one else spoke and the public hearing was closed. Commissioner Weatherspoon made a motion to table Proposed Zoning Change: Case# PLAN2308-0002 until November 20, 2023. The motion was seconded by Vice Chairman Morris and carried unanimously. Vice Chairman Morris stated at this time we will take a 10 minute recess at 7:55 p.m. Vice Chairman Morris called the meeting back to order at 8:05 p.m. Ms. Arbourpetitioned the Board for a public hearing on Public Hearing on Proposed Zoning Change: Case #PLAN2308-0004 Landowner I Applicant: MVI Group, LLC / CE Group, Inc.; 74.46 +/-acres; Pin #0653-50-3495.000; From RA-30 to RA-20R Zoning District; Hector's Creek Township; SR# 1576 (Kipling Church Road). Ms. Arbourstated staffs evaluation is: •The impact to the surrounding community is reasonable, and the benefits of rezoning outweigh any potential harm to the community due to the compatibility with the underlying future land use. •The requested rezoning is compatible with the Medium Density Residential and Employment Mixed Use land use classifications. The Medium Density Land use classification exists in areas identified as suitable for gross housing densities of 2-5 units per acre, which could potentially be possible in the requested zoning district. The Employment Mixed Use classification supports a variety of uses, including residential, where appropriate. •The requested rezoning maintains the public health, safety and general welfare as the uses permitted in the requested zoning classification are compatible with surrounding land uses. •The request is not for a small scale rezoning and does not need to be evaluated for reasonableness. The parcel is approximately 74 acres, the uses permitted within the requested zoning district are compatible with the adjacent uses and the land use classifications. •The requested rezoning to RA-20R would not have an unreasonable impact on the surrounding community based on compatibility with the County's Land Use Plan and the existing surrounding land uses. Therefore, it is recommended that this rezoning request be APPROVED. At the September 5, 2023 Planning Board, the Harnett County Planning Board voted unanimously to table the rezoning application. At the time of the Planning Board meeting, an October 16, 2023 Regular Meeting Minutes Page 8 of 13 insufficient rezoning request application had been submitted for the adjacent property by the same applicant and landowner. It was the will of the Board to wait to consider the rezoning requests together, so the item was tabled. At the October 2, 2023 Planning Board, the Hamett County Planning Board voted unanimously, (5-0), to recommend denial of the rezoning. The Board stated concerns about the limited road network and the possible impacts to the adjacent community. Several residents spoke in opposition at the Planning Board. The residents stated concerns regarding: •The ability of the current infrastructure to support a higher residential density, including roads, emergency services, and schools. •Access to a limited road network •Preserving the historic nature of the community for the residents who live there currently. Vice Chairman Morris opened the public hearing and the following people spoke: 1.Mark Ashness of 301 Glenwood Ave, Suite 220 Raleigh, NC spoke in favor of the request. 2.Alan Longman of 234 Hamilton Road, Bunnlevel, NC spoke in opposition to the request. 3.Scott Parrish of 658 Kipling Road, Fuquay-Varina, NC spoke in opposition to the request. 4.Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC spoke in opposition to the request. 5.Joe Langley of 298 Kirk Adams Road, Angier, NC spoke in opposition to the request. Commissioner Weatherspoon made a motion to table Proposed Zoning Change: Case #PLAN2308-0004 until November 20, 2023. Vice Chairman Morris seconded the motion. The motion carried unanimously. Ms. Arbourpetitioned the Board for a public hearing on Proposed Zoning Change: Case # PLAN2308-0005 Landowner/Applicant: Truelove Enterprises, LLC / Triangle Land Partners, LLC; 121.4 +/-acres; Pin #0539-98-0036.000; From RA-30 to RA-20R Zoning District; Upper Little River Township; SR # 1229 (McDougald Road). Ms. Arbourstated staff's evaluation is: •The impact to the surrounding community is unreasonable. The requested zoning district is not adjacent to or located in close proximity to the subject property. As a result, rezoning the property could potentially allow for higher intensity uses and more residential units than the current zoning designation permits, which could result in a greater impact on adjacent properties. •The intent of the Low Density Residential land use classification is to support smaller lot residential developments in areas where water and sewer are available and the development is compatible with the adjacent land uses; however, sewer service is not Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 9 of 13 available, and the adjacent properties are either undeveloped, used for agricultural activities, or were developed as a compatibility subdivision with 25,000 sq. ft. lots or greater. Therefore, the rezoning request is not compatible with the land use classification. •The proposal does not enhance or maintain the public health, safety, and general welfare. The proposal could potentially allow for higher intensity land uses and residential developments with more units, which is incompatible with the established low-density development patterns and ongoing agricultural activities in the vicinity. •The request is not for a small scale rezoning and does not need to be evaluated for reasonableness due to the size of the tract and the similarities between the existing and proposed zoning classifications. •As stated in the evaluation, the requested rezoning to RA-20R would have an unreasonable impact on the surrounding community based on incompatibility with the County's Land Use Plan and the surrounding land uses in the vicinity. Therefore, it is recommended that this rezoning request be DENIED. At the October 2, 2023 Planning Board meeting, the board voted ( 4-1) to recommend denial of the proposed rezoning. The Board recommended denial based on several concerns stated by the residents. Several residents attended the meeting to speak in opposition. The residents' concerns included: •The potential for an increase in traffic on a section of McDougald Rd. with limited site distance due to the curves in the road and the topography of the land. •Loss of farmland. Vice Chairman Morris opened the public hearing and the following people spoke: 1.Scott Brown of 409 Chicago Drive, Suite 112, Fayetteville, NC spoke in favor of the request. 2.Rynal Stephenson of 5808 Farrington Place, Raleigh NC, provided information on the traffic study results. Commissioner Weatherspoon stated based on your traffic impact analysis how much more traffic will this subdivision bring to McDougald Road. Mr. Stephenson stated if fully built out about a 1,000 more cars a day; some of those are going to go left and others right. He stated the good news is the road is currently carrying a low traffic volume; carrying the cars will not be the issue here, its going to be things like locating the driveway in the correct spot to provide the site distance needed. Commissioner Weatherspoon asked if they had any conversations with NCDOT at this point on where they would locate the driveway. Mr. Stephenson stated we have had some initial conversations, but we have not met out in the field yet. For a rezoning, it's a little early for that, but as we move forward we would meet with them in the field to finalize that location. Commissioner McKay stated you said it would add about a 1,000 more cars to that road, this is rural country, this road has a lot of curves on it. Mr. Stephenson said, not all those cars would go in one direction, it is probably 800 in one direction over an entire day. Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 10 of 13 Commissioner McKoy stated that road is already congested and to reduce the size it's like stacking houses on that piece of property and I can understand why the Planning Board looked at it very carefully. Mr. Stephenson stated as Mr. Brown discussed, the rezoning would increase the lot count by 15 or so extra homes, from a traffic standpoint, those extra lots would not make or break that road, there are some curves out there but I think there are some things we can do from a development standpoint in working with NCDOT to add curvature, signage to draw more attention to those curves, we are happy to do that as well. Commissioner Weatherspoon stated going from 30-20 you'll add 15 more houses and add about 30 more cars. Mr. Brown stated about 100 trips per day. Mr. Stephenson stated about 15 more cars during rush hour. 3.Nelson Pagans of 1048 McDougald Road, Lillington, NC spoke in opposition to the request. 4.Walter Clarey of 906 McDougald Road, Lillington, NC spoke in opposition to the request. 5.Alan Longman of 234 Hamilton Road, Bunnlevel, NC spoke in opposition to the request. 6.Phillip Spence of 193 Spence Way Lane, Lillington, NC spoke in opposition to the request. 7.Anthony Plumley of 195 Spence Way Lane, Lillington, NC spoke in opposition to the request. 8.Alison Plumley of 195 Spence Way Lane, Lillington, NC spoke in opposition to the request. 9.Elizabeth Longman of 234 Hamilton Road, Bunnlevel, NC spoke in opposition to the request. Commissioner Weatherspoon made a motion to table Proposed Zoning Change: Case# PLAN2308-0005 until November 20, 2023. Vice Chairman Morris seconded the motion. The motion carried unanimously. Jay Sikes, Development Services Assistant Director/ Manager of Planning Services, petitioned the Board for a Public Hearing on Proposed Text Amendment: Case# PLAN2309-0001 Applicant: Applicant: Sarah Lukaszuk; Harnett County Unified Development Ordinance; Article V, Sections 1.2 (Table of Use Types & Regulations) & Section 7.7.4 (Vehicle, Sales, Leasing & Rental). To amend Harnett County's U.D.O. Article V. Use Regulations, Section 1.2 Table of Use Types and Regulations, and Section 7.7.4 Vehicle Sales, Leasing, & Rental use regulations. At the October 2, 2023 Planning Board meeting, the board voted (5-0) to recommend approval of the text amendment due to the compatibility with the Harnett County regulatory documents. •There was no one present at the meeting to speak in opposition. The requested Text Amendment is compatible with Harnett County regulatory documents and the benefits outweigh any potential inconvenience or harm to the community. Therefore, it is recommended that this Text Amendment request be APPROVED. Vice Chairman Morris opened the public hearing. The following people spoke: Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 11 of 13 1.Rebekah Brock of 5220 Christian Light Road, Fuquay Varnia, NC spoke in opposition to the request. 2.Alan Longman of234 Hamilton Road, Bunnlevel, NC. Commissioner Weatherspoon stated looking at this use regulation, it looks like to me this is classified as vehicle sales, leasing, if I interpret chart in the UDO correctly is does not matter if it is RA 40 or RA 20M it has the same use. Mr. Sikes stated yes sir, it would be a special use. Commissioner Weatherspoon stated to take RA 30 out of this amendment they could still operate this business, is that correct. Mr. Sikes stated yes, they would still have to ask for special permission to operate. Commissioner Weatherspoon made a motion to approve the text amendment. Vice Chairman Morris seconded the motion. The motion carried unanimously. (Attachment 4) Brent Trout, County Manager, shared we have some upcoming public meetings regarding the Comprehensive Land Use Plan update and I hope that those individuals will come to those meetings to provide similar input if that's how they feel regarding the growth. We have a Citizen Information Session on October 26 from 6 - 7:30 p.m. in the Resource Center and Library Training Room. We will be discussing Animal Services, Development Services, and Economic Development. A while back the Board approved a grant application for USDA Rural Housing Preservation Grant (HPG23). We received notice that we were awarded $85,000. The funds will be used to provide rehabilitation and general repairs to owner-occupied homes for homeowners who meet US Department of Housing and Urban Development (HUD) very-low-income and/or low-income standards. Commissioner Weatherspoon, the Deputy County Manager and I attended a ceremony at Campbell University, and we received a nice gift announcing us as Founders to the Medical School in recognition of the $3 million dollars in support of the medical school. Commissioner Weatherspoon shared information regarding a request to approve a letter to NC Department of Environmental Quality in opposition of the mining permit modification for Martin Marietta Materials. Commissioner Weatherspoon made a motion to approve the letter in opposition of the mining permit modification for Martin Marietta Materials, Inc Fuquay Quarry. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 5) Commissioner Weatherspoon made a motion to approve the budget amendments as requested by the Finance Officer. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 6) Commissioner Weatherspoon made a motion to approve the tax rebates, refunds and releases as requested by the tax administrator. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 7) Commissioner Weatherspoon shared information regarding a request to approve a letter to the US Army Corp of Engineers expressing opposition to authorization to discharge dredged or fill material into potential waters of the United States for the proposed mining operation expansion for Martin Marietta Materials, Inc. Fuquay Quarry. Commissioner Weatherspoon made a motion Harnett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 12 of 13 to approve the letter. The motion was seconded by Commissioner McKoy and carried unanimously. (Attachment 8) Commissioner Weatherspoon made a motion to go into Closed Session to consult with the County's Legal Counsel in order to preserve the attorney-client privilege concerning the handling of certain litigation including the following Case: The appeal of Jackson Family Enterprises, LLC before the NC Property Tax Commission., File No. 22 PTC 0259 (2 parcels). This motion is made pursuant to NC General Statute Section 143-318.11 (a) (3). The motion was seconded by Commissioner McKoy and carried unanimously. Following a motion to come out of Closed Session, Vice Chairman Morris called the meeting back into open session. Commissioner Weatherspoon made a motion to adjourn at 9:33 pm. The motion was seconded by Commissioner Matthews and carried unanimously. William Morris, Vice Chairman Hamett County Board of Commissioners October 16, 2023 Regular Meeting Minutes Page 13 of 13