March 12, 2024 Regular Session MeetingAGENDA
Lillington Board of Commissioners
Regular Monthly Meeting
Lillington Town Hall
102 East Front Street
Lillington, North Carolina 27546
March 12, 2024 6:00pm
CALL TO ORDER MAYOR GLENN MCFADDEN
WELCOME MAYOR GLENN MCFADDEN
PLEDGE OF ALLEGIANCE MAYOR GLENN MCFADDEN
INVOCATION COMMISSIONER MARSHALL PAGE
CONSIDERATION OF AGENDA
PUBLIC COMMENT Public comment is an opportunity for citizens wishing to present unscheduled items of concern or
interest to the Commissioners. It is requested that citizens limit their presentations to three (3)
minutes.
CONSENT AGENDA
All items on the Consent Agenda are considered routine, to be enacted by one motion without discussion. If a Governing Body member or citizen requests discussion of an item, the item will be removed from the Consent Agenda and considered separately.
Item #1 Approval of Work Session Minutes from February 12, 2024
Item #2 Approval of Closed Session Minutes from February 12, 2024
Item #3 Approval of Regular Session Minutes from February 13, 2024
Item #4 Approval of FY23-24 Budget Amendment #5
Item #5 Approval of Contract with Pyro Shows East Coast, Inc. for 4th of July Fireworks
Item #6 Approval of School Resource Officer Program Reimbursement Agreement For Elementary And Primary Schools – between the Harnett County Board of Education, the Harnett County Schools, the County of Harnett and the Town of Lillington.
Item #7 Approval of NCDOT Routine Maintenance Agreement - Mowing
Town of Lillington | 2 Item #8 Approval of Agreement Between Town of Lillington & Davenport & Company, LLC for Professional Financial Advisory Services PUBLIC HEARING
Item #9 Public Hearing on the Question of Annexation of the contiguous Satellite Area PIN #: 0559-17-5176.000. Case Number ANX-24-01 (Darleen & Telford Miller)
Lindsey B. Lucas, Town Clerk Item #9A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town
of Lillington (Darleen & Telford Miller) Lindsey B. Lucas, Town Clerk Item #10 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (Darleen & Telford Miller) Landon Chandler, Planning Director Item #10A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Darleen & Telford Miller)
Landon Chandler, Planning Director
Item #11 Public Hearing on Consideration of a Rezoning Request from Light Industrial, LI
to Residential Single Family, RS10 for 2 tracts totaling 1.52 acres. PIN#’s 0559-
77-9488.000 & 0559-87-0476.000 (Moss Home Builders & Realty, Inc.) Landon Chandler, Planning Director
Item #11A Consideration of Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance from Light Industrial, LI to Residential Single Family, RS10 for 2 tracts totaling 1.52 acres. PIN#’s 0559-77-9488.000 & 0559-87-0476.000 (Moss Home Builders & Realty, Inc.) Landon Chandler, Planning Director
Item #12 Public Hearing on Consideration of a Rezoning Request from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS10 for a .56-acre tract. PIN#: 0559-05-1500.000 (SLW Trust)
Landon Chandler, Planning Director Item #12A Consideration of Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS10 for a .56-acre tract. PIN#: 0559-05-
1500.000 (SLW Trust) Landon Chandler, Planning Director
Town of Lillington | 3
Item #13 Public Hearing on Consideration of Text Amendment to Article X of the
Lillington Unified Development Ordinance
Landon Chandler, Planning Director
Item #13A Consideration of Approval of Text Amendment to Article X of the Lillington Unified Development Ordinance Landon Chandler, Planning Director
NEW BUSINESS Item #14 Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statue §160A-31 from Capeton, LLC Lindsey B. Lucas, Town Clerk/ Permitting Technician
Item #15 Consideration of Resolution Fixing Date of Public Hearing for April 9, 2024, on Question of Annexation, Pursuant to G.S. §160A-31 as Requested by Capeton, LLC for Properties Identified as PIN#’s: 0660-73-6096.000, 0660-73-3104.0000660-73-4138.000 & 0660-73-5319.000 Lindsey B. Lucas, Town Clerk/ Permitting Technician
NON-AGENDA ITEMS
Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled
items that need consideration by the Board.
ADJOURNMENT
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
Alicia L. Adams, Administrative Services Director
Lisa B. Young, Assistant Town Manager
AGENDA ITEM
Consent Agenda Items
ITEM SUMMARY
All items on the Consent Agenda are considered routine, to be enacted by one motion without
discussion. If a Governing Body member or citizen requests discussion of an item, the item will
be removed from the Consent Agenda and considered separately:
Item #1 Approval of Work Session Minutes from February 12, 2024
Item #2 Approval of Closed Session Minutes from February 12, 2024
Item #3 Approval of Regular Session Minutes from February 13, 2024
Item #4 Approval of FY23-24 Budget Amendment #5
Item #5 Approval of Contract with Pyro Shows East Coast, Inc. for 4th of July Fireworks
Item #6 Approval of School Resource Officer Program Reimbursement Agreement For Elementary And Primary Schools – between the Harnett County Board of Education, the Harnett County Schools, the County of Harnett and the Town of Lillington.
Item #7 Approval of NCDOT Routine Maintenance Agreement - Mowing
Item #8 Approval of Agreement Between Town of Lillington & Davenport & Company, LLC for Professional Financial Advisory Services
RECOMMENDED ACTION Approve consent agenda items as recommended by staff.
AGENDA ITEMS #1-8
Lillington Board of Commissioners February 12, 2024 Work Session Meeting Minutes
Work Session Meeting of the Town Board of the Town of Lillington, Monday, February 12,
2024 at 8:30 a.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North
Carolina.
Board Members Present: Mayor Glenn McFadden Mayor Pro Neil McPhail Commissioner Marshall Page Commissioner Danny Babb
Commissioner Patricia Moss
Board Members Absent: Commissioner Rupert Langdon Staff Present: Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Lindsey Lucas, Town Clerk Alicia Adams, Administrative Services Director John Bethune, Fire Chief Landon Chandler, Planning Director
Shane Cummings, Engineer
Brian Hyde, Senior Infrastructure Inspector William Baker, Parks & Recreation Director Brandon Harris, Assistant Parks & Recreation Director Hunter Barnes, Public Works
Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Discussion & Consideration of Resolution Authorizing NCDOT to Participate in
Improvements on 10th Street Mayor Glenn McFadden recognized Landon Chandler, Planning Director. Mr. Chandler stated that in conjunction with the Downtown plan, we engaged with Mott McDonald to go through a study of 10th Street as requested by NCDOT. Since US 421 is a US route they want to make sure if we divert traffic through 10th Street that it will be appropriate. What came out of the study is
that we need signalization and a couple of upgrades to 10th Street. NCDOT is happy to work with us on that. Mr. Chandler reminded the Board of the approved Letter of Intent not to exceed $200,000. With that, NCDOT is requesting the Town adopt a Resolution enumerating those facts. Commissioner Page made a motion to approve the Resolution Authorizing NCDOT Participate in Improvements on 10th Street. Commissioner McPhail seconded the motion that
passed 4-0.
Item #2 Discussion & Review of Water & Sewer Tap Fees
Mayor Glenn McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings
explained that the current process for a water tap would include a meter charge and then a tap
fee. He explained in the past several years some of these taps have been more than 5 foot which
requires a utility contractor to go out and install these for both water and sewer. This puts a
burden on the Town to hire that out. Mr. Cummings stated in the forms that were given out it
Lillington Board of Commissioners February 12, 2024 Work Session Meeting Minutes
shows the cost of hiring that out ranges from $10,000-$14,000, the average monthly bill and then
how many years it would take to recoup that cost. Mr. Cummings said the proposal to the Board
is if someone needed a tap, public works would go out and assess the tap. If it’s more than 5 feet
or we must do a major road cut or something that would exceed the standard meter and tap fee
cost, this fee would be put back on the builder, property owner, or developer. Discussions were
continued and it was the consensus of the Board to have a few more discussions on this before
any decisions were made.
Item #3 Discussion Regarding Downtown Survey Work for Duke Energy and Phase II
Mayor Glenn McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings stated he
met with Duke Energy and went over their latest high level of design for downtown. Through
that discussion to incorporate Main Street from Harnett Street to Ivey Street there will need to be
additional survey work done down Main Street because that original scope is not in what
Stewart, Inc. had completed with their surveys. What we need from the Board today is an okay to
reach out to some survey consultants to get quotes. It was the consensus of the Board for him to
reach out to some survey consultants and get quotes to bring back to the Board.
Item #4 Discussion Regarding CAMPO Membership
Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries explained that
as we go forward with CAMPO we need to designate who will represent the Town. There needs
to be a Board member voted as our Executive Committee Member and someone from the Town
Staff to be voted as a Technical Coordinating Committee Member. Commissioner Page made a
motion to designate Commissioner McPhail as the Executive Board member. Commissioner
Babb seconded the motion that passed 4-0. Commissioner Page made a motion to designate
Landon Chandler, Planning Director as the Technical Coordinating Committee member.
Commissioner Babb seconded the motion that passed 4-0.
Item #4 Administrative Reports
Monthly Public Works Activities Report – Mayor Glenn McFadden recognized Hunter Barnes,
Public Works. Mr. Barnes went over ongoing and completed projects.
Capital Projects Update- Mayor Glenn McFadden recognized Alicia Adams, Administrative
Services Director. Mr. Jeffries went over the following updates;
SCIF Grants
Downtown Facilities
Stewart, Inc. is continuing to work on the construction drawings for Downtown. Staff has
received cost estimates from Duke Energy for relocation of utilities. The Town has entered into a
contract with Duke Energy including a non-refundable deposit of $90K. This will provide the
Town with the actual cost for construction for underground utilities. Staff is continuing to work
closely with Ducke Energy and Pike to work through construction plans. Stewart is continuing to
Lillington Board of Commissioners February 12, 2024 Work Session Meeting Minutes
work with the adjacent site developers to coordinate relocation of the clock and streetscape
designs. Stewart is currently working on the selected design opinion for the clock design.
Traffic analysis has been completed and submitted to both NCDOT and Stewart. The study
ensured that the 10th Street by-pass will be sufficient for the additional traffic volumes.
McAdams is continuing to explore alternatives for stormwater retention Downtown as requested
by the Lillington Board of Commissioners at the October 23, 2023 Special Meeting.
Resource Institute Stormwater Projects
Staff was notified that the State allocated $3.5 million for Stormwater infrastructure
improvements and stream restoration, to provide more efficient stormwater management and
flood resiliency. Project components will include stormwater management, replacing undersized
culverts, and stabilizing streambanks to improve flood resiliency. Following the completion of
the H + H study staff selected priority projects for construction. Staff has received all of the
funding to begin the project.
Projects:
1. Downtown Stormwater Improvements
• Currently looking for alternative locations for an SCM
2. Duncan Street
• Under construction
3. Railroad Crossing
• This infrastructure has failed and staff is working to get this project underway.
Temporary repairs may have to be made.
• Engineering Services Contract has been executed.
• Survey work has started
4. 13th Street Reservoir
• Engineering Services contract is slated to be approved during the Regular Board
Meeting February 13th under the consent agenda.
Golden Leaf Application Stormwater Harnett Street
Project Description:
The proposed storm drainage improvements would include removal and replacement of existing storm drainage pipe, ranging from 15” RCP to 30” RCP, and removal and replacement of storm drainage structures, including catch basins, drop-inlets, storm drainage manholes, and storm drainage headwalls. The proposed storm drainage infrastructure will effectively capture storm
runoff, convey stormwater efficiently inside public right-of-way, and increase the level of service
of the storm drainage system. In addition, private storm drainage infrastructure would be relocated to the Town Right-of-Way to allow for easier access for future maintenance and inspections. The probable cost of this project is $1.3 million, staff requested full funding for the
Lillington Board of Commissioners February 12, 2024 Work Session Meeting Minutes
project. Staff met with Golden Leaf February 8, 2024, to discuss the project and are awaiting a in
person site visit.
The Golden Leaf Foundation Board will select projects to be funded in April 2024.
North Carolina Emergency Management Transportation Infrastructure Resiliency Grant
The Town was awarded a grant from the North Carolina Emergency Management Transportation
Infrastructure Resiliency Program for $790,000. Staff issued a Notice of Award to Narron
Contracting, Inc. and the project is currently under construction. Staff requested an extension, it
was approved and the new completion date is June 30, 2024. Currently, the contractor is
installing the new headwalls and extension of the current culvert pipe, as depicted below.
Capeton Greenway RFQ Staff received a proposal that includes cost for engineering services from Transystems.
Unfortunately, this proposal was excessively high. Staff is exploring other options and will be negotiating with the engineering firm which was ranked secondly during the RFQ process. Fire Station #3 Request for Design Build Proposals were received by the Town. The contract has been approved
and Bobbitt is working closely with the Town on design of Fire Station #3. The Geotechnical study has been completed for the site and proved to the Town.
ARPA S.L. 2022-74 Appropriated Projects All documentation was submitted to the State to fund the Hwy 210 sewer line expansion and
Southern Regional Sanitary Sewer/Poorhouse Creek installation of new sanitary sewer
interceptor and regional pump station. The total allocation was $9,250,000. Staff has received the offer and acceptance letter from the Department of Water Infrastructure. Hwy 210 Sewer line Project
Temple Grading signed the NTP August 14, 2023. Staff anticipates construction to begin before
the end of the month. Poorhouse Creek Myers Engineering is currently at 65% completed construction drawings. The Board approved
Phase II of the contract and Myers is working on construction drawings and acquiring easements.
LASII Grant Staff submitted the LASII grant application October 2, 2023 requesting $500,000 to develop and implement a new stormwater utility to provide a predictable, equitable and ongoing funding
source for its stormwater program.
The activities that the Town seeks to accomplish with the funding that the utility will provide include:
• Increasing the flood resiliency of the transportation system in and through the Town;
Lillington Board of Commissioners February 12, 2024 Work Session Meeting Minutes
• Funding stormwater Capital Improvement Projects (CIPs) to address stormwater
quantity and quality issues;
• Handling critical maintenance needs and operations; and
• Meeting planning and implementation needs.
Monthly Financial Report – Mayor Glenn McFadden recognized Lisa Young, Assistant Town
Manager. Ms. Young reviewed the monthly summaries for the Town’s revenues, expenditures,
and year-to-date fund balances in the General Fund, Water/Sewer Fund, and the Powell Bill
Fund for the month of January.
Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager.
Mr. Jeffries turned the floor over to Landon Chandler, Planning Director. Mr. Chandler stated there
had been some questions regarding absences on the Planning Board. The bylaws don’t state
anything regarding the number of absences a member can have before they are terminated from
the Board. It was the consensus of the Board for Mr. Chandler to review the bylaws and bring any
proposed revisions to the Board at the next Board meeting.
Item #5 Discussion of Regular Meeting Agenda for February 13, 2024 Mayor Glenn McFadden reviewed the Agenda for the February 13, 2024, Regular Meeting.
Commissioner McPhail stated the Garden club would like to donate a barn quilt to Neil and Cindy
McPhail Park and he wanted to know if the Board would be okay with accepting the donation. It was the consensus of the Board to accept the donation of the barn quilt from the Garden Club. Commissioner McPhail talked to the Board about having a Spring Family Workday at the
Botanical Trail. Mr. McPhail stated the Chamber would like to work through Parks and Recreation
as well as the Town for any help and equipment that might be needed. They would also need people to help with picking up trash, moving limbs, etc. Commissioner Babb suggested asking local high school Beta Club members if they would like to come volunteer since they need a certain number of hours of volunteer work. The cleanup day is planned for March 9, 2024, and the rain
date is scheduled for March 23, 2024.
Commissioner Babb made a motion to go into Closed Session per §143-318.11(a)(5). Commissioner Page seconded the motion that passed 4-0 Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner McPhail and a second by Commissioner Page. Attest:
____________________________ _______________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
Lillington Board of Commissioners February 13, 2024
Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, February
13, 2024 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North
Carolina.
Board Members Present:
Staff Present:
Mayor Glenn McFadden
Mayor Pro Tempore Neil McPhail
Commissioner Marshall Page
Commissioner Rupert Langdon
Commissioner Danny Babb
Commissioner Patricia Moss
Joseph Jeffries, Town Manager
Lisa Young, Assistant Town Manager
Lindsey B. Lucas, Town Clerk
Alicia Adams, Administrative Services Director
Landon Chandler, Planning Director
Shane Cummings, Town Engineer
William Baker, Parks & Recreation Director
Soonaoso Letuli, Police Lieutinant
Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order and welcomed
those in attendance at 6:00 p.m.
Invocation: Commissioner Page held the invocation.
Agenda Consideration: Mayor Glenn McFadden presented the agenda for the consideration by
the Town Board. Commissioner Page moved to approve the agenda as presented. The motion
was seconded by Commissioner McPhail and approved unanimously. (Minute Book Notation:
Agenda is on file at Lillington Town Hall).
Public Comment: Mayor Glenn McFadden inquired as to whether anyone wished to address the
Town Board.
Anthony Campbell – 204 Day Song Ct – Mr. Campbell would like for his Trash Pickup fee to be
removed since he is a truck driver and is never home to accumulate trash.
Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as
submitted to the Board. The motion was seconded by Commissioner Babb and the following
consent agenda items were approved unanimously.
Item #1
Work Session Minutes from December 11, 2023
Lillington Board of Commissioners February 13, 2024
Item #2
Regular Meeting Minutes from December 12, 2023
Item #3
Work Session Minutes from January 8, 2024
Item #4
FY23-24 Budget Amendment #4
Item #5
Contract for Services between the Town of Lillington and Rodney Ellen
Item #6
Pipeline Crossing License Agreement RFCC2023039 (Raleigh & Fayetteville
Railroad, LLC)
Item #7
Proposal with McAdams Regarding 13th Street Reservoir Storm Drainage
Improvements
Item #8
Resolution of the Town of Lillington Declaring Surplus property and the Disposal of
Said Items
Item #9
Amendment to Contract to Audit Accounts
PUBLIC HEARING
Item #10 Public Hearing on the Question of Annexation of the Noncontiguous Satellite Area PIN #:
0651-12-8408.000. Case Number ANX-23-06 (David F. McRae & Faye M. Bain)
Mayor Glenn McFadden opened the Public Hearing at 6:03 p.m.
Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated the Town of Lillington
received a petition under §160A-58.1 for satellite annexation. The Town Board by Resolution directed the
Town Clerk to investigate the sufficiency of the petition. In accordance with §160A-58.2 the Town Board
called a Public Hearing for the question of annexation for 25.730 -acres being PIN #: 0651-12-8408.000
Case Number ANX-23-06.
With no additional comments, Mayor McFadden closed the Public Hearing at 6:04 p.m.
Item #10A Consideration of Approval of An Ordinance to Extend the Corporate Limits of
the Town of Lillington (David F. McRae & Faye M. McRae)
A motion was made by Commissioner Langdon to approve the Ordinance to Extend the Corporate Limits of the Town of Lillington. The motion was seconded by Commissioner Moss
and approved unanimously. Item #11 Public Hearing on the Question of Annexation of the Noncontiguous Satellite Area PIN #:
0651-14-7403.000. Case Number ANX-23-07 (3SRI LLC & PALLEWAR LLC)
Mayor Glenn McFadden opened the Public Hearing at 6:04 p.m.
Lillington Board of Commissioners February 13, 2024
Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated the Town of Lillington
received a petition under §160A-58.1 for satellite annexation. The Town Board by Resolution directed the
Town Clerk to investigate the sufficiency of the petition. In accordance with §160A-58.2 the Town Board
called a Public Hearing for the question of annexation for 55.66 -acres being PIN #: 0651-14-7403.000
Case Number ANX-23-07.
- Wayne Edwards – 3776 US 401 N Fuquay- Varina NC 27526 – spoke in opposition of the annexation
With no additional comments, Mayor McFadden closed the Public Hearing at 6:07 p.m.
Item #11A Consideration of Approval of An Ordinance to Extend the Corporate Limits of
the Town of Lillington (3SRI LLC & PALLEWAR LLC )
A motion was made by Commissioner Page to approve the Ordinance to Extend the Corporate Limits of the Town of Lillington. The motion was seconded by Commissioner Langdon and approved unanimously.
Item #12 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (3SRI LLC & PALLEWAR LLC, The Spaulding Group, PA, & David F. McRae & Faye M. Bain) Mayor Glenn McFadden opened the Public Hearing at 6:07 p.m. Mayor Glenn McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained
Town staff received an application from the owner to assign zoning to a 25.7-acre tract PIN#: 0651-12-8408.000. Applicant is proposing a Conditional District Residential Single Family, CD-RS10 Cluster district with proposed conditions and site plan. Site is currently an agriculturally used tract (forestry). This tract land has access to Harnett County Water and Sewer (via potential
easement). The surrounding land uses are Single Family Residential, Industrial, Commercial, and
Agricultural. The applicant is proposing a Conditional RS10 Cluster Zoning District with plans of a mixed-use single-family development consisting of a total of 262 lots (3.22DUA) with the following
conditions:
1. Materials: Vinyl Siding Shall Be Prohibited As A Primary Façade Material On Townhome Units. Vinyl Windows, Decorative Elements And Trim Is Permitted. 2. Anti-Monotony Provisions: In Order To Promote Variation In Home Appearance, No Front Elevation & Color Palette Combination (Including Door Color) Shall Be Duplicated For Two (2) Lots In A Row Or Directly Across The Street. 3. Roofline: Townhome Rooflines Shall Be Broken Up Vertically Or Horizontally Along The Front Façade, Such That No Roofline Is In A Single Mass. 4. Character: The Applicant's Vision For Overall Quality Shall Be Governed By The Following
Architectural Themes: Contemporary, Modern Farm, Transitional, Craftsman, Or Timeless Designs.
5. Architectural Requirements: At Least Two (2) Of The Following Materials Shall Be Utilized On
Lillington Board of Commissioners February 13, 2024
Each Façade: Wood Or Cement Board And Batten, Fiber Cement Siding, Wood Or Cement Shingle, Masonry Brick, Brick Veneer, Masonry Stone, Stone Veneer Or Synthetic Stone. All
Units Shall Contain A Front Masonry Façade Extending A Minimum Of 18" Up From The Foundation. 6. Residential Design Elements: Each Residential Unit Shall Contain At Least Two (2) Of The Following Design Features: Walkup Porch, Dormer Or Gable, 2nd Story Porch Or Balcony, Bay Window, Architectural Shingles, Metal Roof Accent, Cornice Or Corbel. 7. Glazing: All Units Shall Provide A Minimum 25% Glazing On The Front Door Or Provide A Transom. 8. Façade Modulation: Attached Townhome Buildings Shall Have Front Façade Modulations A
Minimum 12 Inches In Depth Between Each Unit. 9. Porches: All Units Shall Contain A Covered Front Porch Or Entryway.
10. Solid Waste: All Units Shall Be Served By Individual Trash/Recycle Services.
11. Stormwater: The Total Post-Developed Stormwater Discharge Rate Shall Not Exceed Pre-Developed Rates For The 1,2,10 And 25-Yr Storm Events. 12. Minimum 15' Type 'B' Landscape Buffer Shall Be Provided Along Hwy 401 With Berm
Conditions Requested by Town Staff: 1. Side street/corner setbacks to be established at least 10’. 2. There will be no parking within the Town maintained right-of-way. 3. The project will comply with the recommendations of the Town adopted Comprehensive Transportation Plan Addendum to include additional right of way dedication, 10’ side-path, and all street cross-sections as outlined therein. 4. Applicants will add an additional buffer on southern end of tract per the Town’s UDO and notate that the adjacent property is zoned Light Industrial. 5. All other regulations within the Unified Development Ordinance or other adopted plans must be followed unless specified within the agreed upon conditions. This includes potential redesign of this conceptual plan due to environmental or regulatory conditions on site. 6. Offsite sewer/utility easements and system capacity must be secured before preliminary plans/construction drawings are submitted.
The Planning Board considered the Conditional District Residential Single Family, CD-RS10
Cluster district at their meeting on November 20, 2023 and did vote 4-1 to recommend Approval
to the Board of Commissioners.
Lillington Board of Commissioners February 13, 2024
- Wayne Edwards - 3776 US 401 N Fuquay- Varina NC – spoke in opposition of the rezoning
- Garrett Danker – 43 Sweet Home Ct Lillington– Spoke in opposition of the rezoning
- Brian Duncan – 282 Raleigh Street Holly Springs NC – Spaulding Engineering
With no additional comments, Mayor McFadden closed the Public Hearing at 6:22 p.m.
Part II Mayor Glenn McFadden opened the Public Hearing at 6:25 p.m.
Mayor Glenn McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained
Town staff received an application from the owner to assign zoning to a 55.66-acre tract PIN#: 0651-14-7403.000. Applicant is proposing a Conditional District Residential Single Family, CD-
RS10 Cluster district with proposed conditions and site plan. Site is currently an agriculturally
used tract (forestry). This tract land has access to Harnett County Water and Sewer (via potential easement). The surrounding land uses are Single Family Residential, Industrial, Commercial, and Agricultural.
The applicant is proposing a Conditional RS10 Cluster Zoning District with plans of a mixed-use
single-family development consisting of a total of 262 lots (3.22DUA) with the following conditions: 13. Materials: Vinyl Siding Shall Be Prohibited As A Primary Façade Material On Townhome Units.
Vinyl Windows, Decorative Elements And Trim Is Permitted. 14. Anti-Monotony Provisions: In Order To Promote Variation In Home Appearance, No Front Elevation & Color Palette Combination (Including Door Color) Shall Be Duplicated For Two (2) Lots In A Row Or Directly Across The Street. 15. Roofline: Townhome Rooflines Shall Be Broken Up Vertically Or Horizontally Along The Front Façade, Such That No Roofline Is In A Single Mass. 16. Character: The Applicant's Vision For Overall Quality Shall Be Governed By The Following Architectural Themes: Contemporary, Modern Farm, Transitional, Craftsman, Or Timeless Designs.
17. Architectural Requirements: At Least Two (2) Of The Following Materials Shall Be Utilized On Each Façade: Wood Or Cement Board And Batten, Fiber Cement Siding, Wood Or Cement Shingle, Masonry Brick, Brick Veneer, Masonry Stone, Stone Veneer Or Synthetic Stone. All Units Shall Contain A Front Masonry Façade Extending A Minimum Of 18" Up From The Foundation.
18. Residential Design Elements: Each Residential Unit Shall Contain At Least Two (2) Of The Following Design Features: Walkup Porch, Dormer Or Gable, 2nd Story Porch Or Balcony, Bay Window, Architectural Shingles, Metal Roof Accent, Cornice Or Corbel. 19. Glazing: All Units Shall Provide A Minimum 25% Glazing On The Front Door Or Provide A Transom. 20. Façade Modulation: Attached Townhome Buildings Shall Have Front Façade Modulations A Minimum 12 Inches In Depth Between Each Unit.
Lillington Board of Commissioners February 13, 2024
21. Porches: All Units Shall Contain A Covered Front Porch Or Entryway.
22. Solid Waste: All Units Shall Be Served By Individual Trash/Recycle Services. 23. Stormwater: The Total Post-Developed Stormwater Discharge Rate Shall Not Exceed Pre-Developed Rates For The 1,2,10 And 25-Yr Storm Events. 24. Minimum 15' Type 'B' Landscape Buffer Shall Be Provided Along Hwy 401 With Berm
Conditions Requested by Town Staff: 7. Side street/corner setbacks to be established at least 10’.
8. There will be no parking within the Town maintained right-of-way. 9. The project will comply with the recommendations of the Town adopted Comprehensive Transportation Plan Addendum to include additional right of way dedication, 10’ side-path, and all street cross-sections as outlined therein. 10. Applicants will add an additional buffer on southern end of tract per the Town’s UDO and notate that the adjacent property is zoned Light Industrial. 11. All other regulations within the Unified Development Ordinance or other adopted plans must be followed unless specified within the agreed upon conditions. This includes potential redesign of this conceptual plan due to environmental or regulatory conditions on site.
12. Offsite sewer/utility easements and system capacity must be secured before preliminary plans/construction drawings are submitted. The Planning Board considered the Conditional District Residential Single Family, CD-RS10
Cluster district at their meeting on November 20, 2023 and did vote 4-1 to recommend Approval
to the Board of Commissioners.
- Wayne Edwards - 3776 US 401 N Fuquay- Varina NC – spoke in opposition of the rezoning
- Garrett Danker – 43 Sweet Home Ct Lillington– Spoke in opposition of the rezoning
- Brian Duncan – 282 Raleigh Street Holly Springs NC – Spaulding Engineering
With no additional comments, Mayor McFadden closed the Public Hearing at 6:29 p.m.
Item #12A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to
the Newly Incorporated City Limits (3SRI LLC & PALLEWAR LLC, The Spaulding Group, PA, & David F. McRae & Faye M. Bain) A motion was made by Commissioner Page as stated in the evaluation, the requested zoning
assignment to Conditional District Residential Single Family, CD-RS10 Cluster district is
compatible with Town of Lillington regulatory documents and would not have an unreasonable
impact on the surrounding community based on the uses in this area as well as the Town’s Land Use
Lillington Board of Commissioners February 13, 2024
Plan designation for this area. Therefore, it is recommended that this zoning assignment request be
approved. The motion was seconded by Commissioner Langdon and approved unanimously.
Part II
A motion was made by Commissioner Page as stated in the evaluation, the requested zoning
assignment to Conditional District Residential Single Family, CD-RS10 Cluster district is
compatible with Town of Lillington regulatory documents and would not have an unreasonable
impact on the surrounding community based on the uses in this area as well as the Town’s Land Use
Plan designation for this area. Therefore, it is recommended that this zoning assignment request be
approved. The motion was seconded by Commissioner Langdon and approved unanimously.
NEW BUSINESS
Item #13 Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous
Satellite Annexation Petition Received Under General Statue §160A-31 from Telford & Darlene
Miller
Mayor McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated for your Consideration is a Resolution Directing the Town Clerk to Investigate a Contiguous Satellite
Annexation Petition Received Under General Statute §160A-31 from Telford and Darlene Miller. The Annexation Petition was received on February 1, 2024. The contiguous annexation of 120.84 acres of the property identified as PIN #: 0559-17-5176.000 located on 301 W Old Rd situated in the County of Harnett.
A motion was made by Commissioner Page to approve the Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation Petition Received Under General Statute §160A-31 from Telford and Darlene Miller. The motion was seconded by Commissioner Moss and approved unanimously.
For the Record: The Town Clerk does hereby certify an investigation has been completed of the petition for the contiguous annexation of 120.84 acres of the property identified as PIN #: 0559-17-5176.000 located at 301 W Old Rd situated in the County of Harnett. The petition attached hereto and have found as a fact that said petition is signed by all owners of real property lying in the area described
therein, in accordance with G.S. §160A-31.
Item #14 Consideration of Resolution Fixing Date of Public Hearing for March 12, 2024, on
Question of Annexation, Pursuant to G.S. §160A-31 as Requested by Telford & Darlene Miller for
Property Identified as PIN#: 0559-17-5176.000.
Mayor McFadden recognized Lindsey Lucas. Ms. Lucas stated for your Consideration is a Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to G.S. §160A-31
as Requested by Telford and Darlene Miller for Property Identified as PIN #: 0559-17-5176.000 on March 12, 2024 at 6:00 pm. A motion was made by Commissioner Page to approve the Resolution Fixing Date of Public Hearing for March 12, 2024 at 6 pm, on Question of Annexation, Pursuant to G.S. §160A-31 as
Requested by Telford and Darlene Miller for Property Identified as PIN #: 0559-17-5176.000. The motion was seconded by Commissioner McPhail and approved unanimously.
Lillington Board of Commissioners February 13, 2024
Landon Chandler, Planning Director asked permission to take the floor. Mr. Chandler wanted to make sure a separate public hearing was held and a separate vote was made for the second tract
from Item 12-12A. (See Part II under Items 12 and 12A)
Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff.
Commissioner Langdon thanked Commissioner Moss for stepping in last minute to attend the Museum
meeting he was unable to attend.
Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner McPhail.
Attest:
____________________________ ____________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org
ORDINANCE FY2024-18 BUDGET ORDINANCE AMENDMENT
FISCAL YEAR 2023-2024
#5
BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that the
following amendment is made to the budget ordinance for the period ending June 30, 2024:
Section 1. To amend the General, Powell and Water/Sewer Funds, the revenues and
expenditures are to be changed as follows:
Account Number Description Increase Decrease
60-90-720-1610 Mnt & Rep–Lift Stn $ 26,000
60-90-720-3300 Materials & Supplies $ 8,000
60-90-720-5300 Dues & Subscriptions $ 500
60-95-329-0000 Interest $ 5,000
60-95-399-0000 Fund Balance $ 29,500
10-20-500-1512 Mnt & Rep-Museum $ 2,000
10-20-500-3300 Materials & Supplies $ 5,000
10-20-500-1500 Mnt & Rep-Town
Hall $ 1,500
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.org
10-20-500-7400 Capital Outlay $ 10,000
10-20-500-1505 Mnt & Rep-
Fireman’s Hut $ 49,000
10-80-620-7400 Capital Outlay $ 49,000
10-00-329-0000 Interest $ 13,500
10-00-399-0000 Fund Balance $ 5,000
To budget funds for failed lift stations at Prison and Shawtown ($26,000); poles and receptacles
on Front St ($10,000); dugouts, batting cage, and updates to Chamber Field ($49,000);
Miscellaneous adjustments.
Section 2. Copies of this budget amendment shall be furnished to the Governing Body,
Budget Officer, Clerk and the Finance Director for their direction.
Adopted this 12th day of March, 2024
____________________________ Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
1
SCHOOL RESOURCE OFFICER PROGRAM
REIMBURSEMENT AGREEMENT FOR
ELEMENTARY AND PRIMARY SCHOOLS
This Reimbursement Agreement (hereinafter “Agreement”) effective July 1, 2023 is made and entered into by and between the Harnett County Board of Education (hereinafter “Board”), the governing body of the Harnett County Schools (hereinafter “HCS”), the County of Harnett
(hereinafter “County”), and the Town of Lillington (hereinafter referred to as the “Town”).
WITNESSETH:
WHEREAS, the Board and the Town entered into a School Resource Officer Program
Memorandum of Understanding (hereinafter referred to as the “MOU”) effective October 1, 2018;
WHEREAS, Article V of the MOU states that the Board and governing body of the Town agree to enter into a separate contract to address the assignment of School Resource Officers (hereinafter referred to as “SRO” or collectively “SROs”) to specific HCS schools and payment
for SRO services during each fiscal year;
WHEREAS, County agrees to provide funding for the SRO’s to the Board for reimbursement of SRO services as described in the MOU.
NOW, THEREFORE, in consideration of the promises and covenants of the parties herein contained, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Board, County, and the Town do hereby agree as follows:
Article I
SRO School Assignment
The Town shall hire and train law enforcement officers to serve as SROs pursuant to the MOU in each of the following schools within the Town’s limits:
1. Lillington-Shawtown Elementary
2. STAR Academy
Between school years and during scheduled holidays, the Town shall have the right to utilize the
SROs for non-SRO purposes so long as such uses do not conflict with any of the requirements of the MOU.
Article II
Compensation for SRO Services
The County, as part of the Current Expense Funding made to the Board every fiscal year,
shall include eleven-twelfths (11/12) of the yearly allocation, identified below, to be used by the
2
Board to compensate for law enforcement officers performing SRO services during the months that school is in session.
The compensation to be paid by County to the Town for reimbursement of the SRO
services described in the MOU and for non-SRO purposes during scheduled holidays and between school years shall be set at $151,225.17 per fiscal year, which shall be paid over twelve (12) equal monthly installments over the course of the fiscal year in accordance with Article III. The annual compensation paid by the County shall increase by three percent (3%) at the beginning of each
subsequent fiscal year. If the total amount of funds expended on the SROs for the then-current
fiscal year of the MOU exceeds the allocated amount for the current fiscal year, the Town shall be solely responsible for the excess expenditures of the SRO’s services, unless the agreed upon in writing by the County.
At the conclusion of the academic year, the County will invoice the Board for all expenses
incurred for SRO activities.
In addition to the annual compensation, the County shall provide a one-time bonus for the 2023-2024 academic year of five-thousand dollars ($5,000.00) for each SRO position identified Article I of the Agreement, not-to-exceed total of ten thousand dollars ($10,000.00). This one-time bonus is independent of the compensation for the annual law enforcement officers performing
SRO services. Each one-time bonus shall be paid to the Town in two (2) two-thousand five-
hundred dollars ($2,500.00) payments, payable upon invoicing by the municipalities at the conclusion of each semester of the 2023-2024 academic year. The one-time bonus shall be excluded in calculating the 3% annual increase in compensation to municipalities for law enforcement officers performing SRO services.
Article III
Invoices for SRO Services
In order to request payment, the Town shall submit monthly invoices to the Harnett County Sheriff’s Office (hereinafter referred to as “HCSO”) describing the applicable charges, including
identification of personnel who performed the services, dates services were performed, the school
at which the SRO performed the services, and reimbursable expenses, if any. If the invoice contains expenditures for non-SRO purposes during a scheduled holiday, the invoice shall identify the type of services performed by the SROs. Prior to submission of invoices to the Board, the HCSO shall verify them for accuracy within five business days of receipt. Once verified, County shall process
and pay invoices within 30 days of receipt.
Article IV
Term and Termination of Agreement
The term of this Agreement shall begin on July 1, 2023 and end on June 30, 2026 (the
“Initial Term”), unless terminated earlier as herein provided. At the expiration of the Initial Term, this Agreement shall automatically renew for successive one (1) year terms upon the renewal of the MOU, unless any of the parties provide at least 30 days’ written notice of its intent to terminate prior to the expiration of the then-current term.
This Agreement may be terminated by any party, with or without cause, upon 90 days’
written notice to the other parties. However, this Agreement shall automatically terminate without
3
notice upon the termination of the MOU. If at any time this Agreement is terminated during the Initial Term or any subsequent term of the MOU, the parties shall negotiate and execute a new
agreement that is compliant with Article V or any amendment thereof prior to the termination date
of this Agreement, unless any amendment of the MOU no longer requires such an agreement.
Article V
Notice
Any notice, consent, or other communication in connection with this Agreement shall be
in writing and may be delivered in person, by mail, or by facsimile transmission (provided sender confirms notice by written copy). If hand-delivered, the notice shall be effective upon delivery. If by facsimile copy, the notice shall be effective when sent. If served by mail, the notice shall be effective three business days after being deposited in the United States Postal Service by certified
mail, return receipt requested, addressed appropriately to the address set forth below:
To Board: Harnett County Schools Attention: Superintendent
1008 South 11th Street Lillington, North Carolina 27546 To County
Brent Trout County Manager Post Office Box 759 Lillington, North Carolina 27546
With copy to: Christopher Appel Senior County Staff Attorney
Post Office Box 238 Lillington, North Carolina 27546 To Town
Joseph Jeffries
Town Manager Post Office 296 Lillington, NC 27546
4
Article VI
Miscellaneous Provisions
1. Relationship of Parties. The parties to this Agreement shall be independent contractors,
and nothing herein shall be construed as creating a partnership or joint venture; nor shall any employee of the parties be construed as employees, agents, or principals of any other party to this Agreement. Each party agrees to assume the liability for its own acts or omissions, or the acts or omissions of their employees or agents, during the term of this
Agreement, to the extent permitted under law.
2. Governing Law; Venue. This Agreement shall be governed by the laws of the State of North Carolina. The venue for initiation of any such action shall be Harnett County, North Carolina Superior Court.
3. Amendments and Modifications; Additional Policies and Procedures. This Agreement may be modified or amended by mutual consent of the parties as long as the amendment is executed in the same fashion as this Agreement.
4. Entire Agreement. This Agreement constitutes the entire agreement between the parties
and supersedes all prior agreements and understandings, whether written or oral, relating to the subject matter of this Agreement.
5. Severability. In the event that any provision of this Agreement shall be invalid, illegal, or
otherwise unenforceable, the validity, legality, and enforceability of the remaining provisions shall in no way be affected or impaired thereby.
6. No Third Party Benefits. There are no third-party beneficiaries to this Agreement. Nothing in this Agreement shall create or give to third parties any claim or right of action against
the parties.
7. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which taken together constitute one and the same instrument.
8. E-Verify: All parties shall comply with the requirements of Article 2 of Chapter 64 of the
North Carolina General Statutes, “Verification of Work Authorization,” and will provide documentation reasonably requested by any party to this Agreement demonstrating such compliance.
5
IN WITNESS WHEREOF, the parties hereto caused the Agreement to be executed on their behalves.
HARNETT COUNTY BOARD OF EDUCATION
_____________________________________ Chair
ATTEST:
___________________________
COUNTY OF HARNETT
____________________________________
William Morris, Chairman Harnett County Board of Commissioners ATTEST:
__________________________________ Melissa Capps, Clerk to the Board
TOWN OF LILLINGTON ________________________________
Glenn McFadden, Mayor
ATTEST:
___________________________ Lindsey B. Lucas, Town Clerk
Member NYSE | FINRA | SIPC Page 1
Davenport Public Finance
Independence Center
101 N. Tryon Street
Suite 1220
Charlotte, NC 28246
AGREEMENT BETWEEN
TOWN OF LILLINGTON, NORTH CAROLINA AND
DAVENPORT & COMPANY LLC FOR
PROFESSIONAL FINANCIAL ADVISORY SERVICES
THIS AGREEMENT, made in duplicate in the Town of Lillington, North Carolina, on
2024, by and between the Town of Lillington, a political subdivision of the State of North Carolina, herein-
referred to as the “Town,” or “Client” and Davenport & Company LLC organized and existing under the laws of
the Commonwealth of Virginia, herein referred to as the “Financial Advisor”, “Contractor” and/or “Davenport”.
WHEREAS, the Town desires to enter into an Agreement with Davenport for professional assistance related to
financial advice, counsel and other associated services deemed appropriate by the Town; and
WHEREAS, the Financial Advisor represents that it is duly authorized and qualified to provide the aforesaid
services.
NOW, THEREFORE, in consideration of the mutual covenants, promises and representations contained herein,
the parties hereto agree as follows:
ARTICLE I. PROGRAM ADMINISTRATOR & DAVENPORT PERSONNEL
The Town Manager of the Town of Lillington hereinafter referred to, as the “Town Manager” is the administrator
in charge of all activities associated with this Agreement. The Financial Advisor represents that it has, or will
secure at its own expense all personnel required in performing the services under this Agreement. Such
personnel shall not be employees of, nor have any contractual relationship with, the Town. Further, all services
required hereunder will be performed by the Financial Advisor or under its supervision, and all personnel
engaged in the work shall be fully qualified to perform such services.
ARTICLE II. SCOPE OF SERVICES
A. Advisory & Consulting Services.
The Financial Advisor shall, using its professional staff members, provide financial advice, counsel and
other associated services deemed appropriate to the Town.
B. Non-Transaction Related Services.
For non-transaction related activities, the services to be provided shall include, but not be limited to the
following:
Member NYSE | FINRA | SIPC Page 2
1. Provide pertinent advice and counsel for the duration of this contract to the Town concerning
developments in the financial community in general and municipal finance in particular, to enable
the Town to remain in the best possible financial posture.
2. Develop financial analysis programs and computer models to be used in conjunction with the Town’s
capital planning and financing program(s).
3. Review and advise on special projects involving potential Town financing as requested by the Town
Finance Manager.
4. Provide such other financial advisory services deemed appropriate by the Town.
5. Present, as requested, a Report to the Town Council on the status of the Town’s debt, capital
planning, and credit profile.
6. Meet with Town Staff and the Town Council on an as-needed basis to discuss, review, revise any
Capital Plans.
C. Transaction Related Services.
Upon request of the Town, the Financial Advisor shall provide Transaction Related Services. The Town
is under no obligation to request the Financial Advisor’s Transaction Services. For each financial
transaction, the services to be provided will be set forth in writing and may include, but not be limited
to, the following:
1. Assist Town officials in developing information to be presented to bond rating agencies in order to
achieve the highest bond rating realistically achievable. Accompany Town officials on all
presentations to the rating services.
2. Review capital projects contemplated by the Town and work with the Town Manager and other
officials in developing options, plans and strategies for financing planned capital improvements,
taking into consideration costs and the effects that various alternatives have on the Town’s financial
position.
3. The Financial Advisor shall develop a time schedule to ensure that all work is begun and completed
in a timely manner including all work associated with any financings.
4. The Financial Advisor shall analyze and make recommendations with respect to whether the sale of
bonds should be a competitive sale, a negotiated sale, or a direct bank loan.
5. The Financial Advisor shall assist the Town’s staff in the selection of a financing team for the sale
of bonds. The Financial Advisor’s functions in this regard shall include the following basic actions:
a. Developing requests for proposals;
b. Conducting a conference with Town staff to facilitate evaluating the financing team
proposals;
c. Upon selection of the financing team, the Financial Advisor shall assist the Town staff and
Bond Counsel in bringing said team on Council and up-to-date in as timely a fashion as
possible, providing a smooth transition in order that the Town’s ongoing process of issuing
bonds will experience no delay or inconvenience.
6. The Financial Advisor shall assist and advise in the development of debt service coverage ratios,
reserve funds or other structural components as requested.
7. The Financial Advisor shall assist in the procurement and negotiation of credit support mechanisms
as needed.
Member NYSE | FINRA | SIPC Page 3
8. The Financial Advisor shall assist in the preparation and development of the financing documents,
any credit presentations to the rating agencies and the printing of the Official Statement or other
offering document. It is understood by the parties hereto that primary responsibilities for the above-
mentioned legal functions will rest with the Bond Counsel, the Town Attorney and, as such, the
Financial Advisor will not assume primary responsibility for any legal documents.
a. However, upon request, the Financial Advisor shall be responsible for reviewing all
documents and attending all sessions and presentations, as well as reviewing and providing
financial comments upon all documents as to form and content in order to best protect the
Town’s interests in any and all such documents and presentations; and
b. The Financial Advisor shall assist, as necessary, together with the Town and the Local
Government Commission (“LGC”), in the preparation of the offering document used in
conjunction with the sale of bonds.
9. In the event of a competitive or negotiated sale of bonds, the Financial Advisor shall assist the Town
in the sale of bonds to the Investment Bank. Relative to this process, the Financial Advisor shall
recommend to the Town the general timing for the competitive or negotiated sale of said bonds,
specific bond purchase contract requirements, good faith deposit checks, as necessary, bond
maturities, interest rates and the discount or premiums being offered by the Investment Bank.
10. The Financial Advisor shall be responsible for working with the Town’s staff to ensure the proper and
appropriate interest rates are being offered.
11. Provide such other financial advisory services deemed appropriate by the Town.
ARTICLE III. COMPENSATION
A. Advisory & Consulting Services and Non-Transaction Related Services (check one option):
Option 1 (Hourly Fees): The Town and Financial Advisor will agree to a fee arrangement for Advisory
and Non-Transaction Services in advance of commencing work on any task. This fee will be based on
the expected scope of work and the level of resources required of the Financial Advisor. As the task
evolves, the Town and the Financial Advisor may negotiate changes to the original fee based upon
changes in the related scope of work. Fees for these tasks will be based on the schedule of hourly rates
outlined below:
- Senior Vice President $300
- First Vice President $275
- Vice President $250
- Associate Vice President / Analyst $225
During each month or at such other frequency as requested by the Town, Davenport will receive from
the Town compensation for the provision of Advisory and Consulting Services and Non-Transaction
Related Services as requested by the Town and billed in accordance with the hourly fee above. The Town
agrees to pay at the rate specified for Services satisfactorily performed or provided in accordance with
Member NYSE | FINRA | SIPC Page 4
this Agreement. As agreed upon by the Town and the Financial Advisor, these fees can be incorporated
with the Transaction Related fees addressed below to be paid from debt proceeds.
Option 2 (Annual Retainer): For all Advisory and Non-Transaction Services the Financial Advisor shall
be compensated through an annual retainer in the amount of $35,000 payable annually in arrears on
December 31. As agreed upon by the Town and the Financial Advisor, these fees can be incorporated
with the Transaction Related fees addressed below to be paid from debt proceeds.
B. Transaction Related Services:
If the Town elects to utilize the Financial Advisor’s Transaction Related Services, the Town and the
Financial Advisor agree that the Financial Advisor shall be compensated based on an agreed upon
completion fee. Such fee shall be negotiated prior to the completion of the transaction and shall be
based on the size and complexity of the proposed issuance. As part of this engagement, Davenport
proposes the following not-to-exceed costs for certain financing approaches (the actual fee amount will
be determined based upon complexity and scope of work for individual transactions.
The Financial Advisor shall be compensated for any issuance of bonds and/or notes upon successful
completion and closing of such financing, according to the provisions above. Should the Town terminate
a financing prior to closing, the Financial Advisor shall be compensated for services provided prior to
such termination according to the schedule of hourly rates found in Article III A.
C. Special Projects:
The Town, in its sole discretion, may deem certain activities of the Financial Advisor to constitute a
Special Project. A Special Project is one that either, in the sole opinion of the Town, involves the
professional resources of the Financial Advisor to a degree above and beyond that already provided for
under Article III A and B of this contract, or, that involves the bidding of an investment portfolio or
investment agreement, a tax credit/federal subsidy-related financing (e.g. BAB’s, RZEDB’s, QSCBs,
RZFB’s, USDA/RD debt), a 2/3rds General Obligation Bond offering, a Special Revenue Bond offering,
a Public Private Partnership Financing (e.g. Tax Increment Financing, Special Assessment District
Financing, Privatization Financing Arrangements) or a Utility System Revenue Bond offering. In any of
Credit Public Offering with Bank Placement without
Bond Rating Bond Rating
Limited Obligation Bonds NTE $85,000 NTE $70,000
Refunding Component Upcharge NTE $30,000 NTE $30,000
Other Financing Structures (e.g. Special Obligation Bonds, Special Assessment Financings,
Tax increment Financings, Variable Rate Demand Obligations, etc.) would be negotiated on a
transaction by transaction basis.
Revenue Bonds NTE $95,000 NTE $80,000
General Obligation Bonds NTE $75,000 NTE $60,000
Member NYSE | FINRA | SIPC Page 5
these events, the Town and the Financial Advisor shall negotiate prior to the beginning of the Project on
a fair and equitable basis for compensation.
D. Additional Fees and Expenses:
Davenport will charge an additional fee equal to 4% of our compensation. Reasonable and necessary
direct out-of-pocket expenses (e.g. mileage (billed at prevailing IRS limits), meals and lodging) incurred
by Davenport shall be billed to the Town, at least annually, at cost. Davenport will strive to limit direct
expenses where possible while still providing for the timely and professional delivery of services.
E. Inflation Adjustment Allowance:
All fees and charges identified in sections COMPENSATION: A, B and C above, shall be subject to
adjustment based on the Consumer Price Index (“CPI”) growth factor as published by the Bureau of
Labor Statistics or similar/successor agencies for the period being billed using base prices as
established in the agreement and stated above.
ARTICLE IV. TERM OF AGREEMENT
This Agreement shall be considered to be in effect until such time as either the Town or Davenport terminates
the Agreement. The Town or Davenport may terminate this agreement at any time upon thirty (30) days written
notice without cause. Davenport will be reimbursed for its reasonable and necessary out-of-pocket expenses
and services provided prior to termination.
ARTICLE V. E-VERIFY
Each Party hereto shall comply with the requirements of Article 2 of Chapter 64 of the N C General Statutes.
Further, if any party hereto utilizes a subcontractor, such party shall require the subcontractor to comply with
the requirements of Article 2 of Chapter 64 of the N C General Statutes.
ARTICLE VI. IRAN DIVESTMENT ACT CERTIFICATION
Pursuant to N.C.G.S. 143-6A-5 (a), each party hereto does hereby truthfully certify at the time of executing this
agreement that in accordance with the Iran Divestment Act, the supplier is not listed on the Final Divestment
List created by the State Treasurer pursuant to N.C.G.S. 143-6A-4.
ARTICLE VII.
A. Adequate Consideration.
Both parties hereby agree and stipulate that this contract is supported by fair and adequate consideration.
B. Liability Insurance.
Contractor shall maintain professional liability insurance in an amount satisfactory to Client and provide
proof of same upon request.
Member NYSE | FINRA | SIPC Page 6
C. Independent Contractor.
Contractor shall perform this Agreement as an independent Contractor and shall have and maintain
complete control over its employees, agents and operations. Accordingly, Contractor shall be responsible
for payment of all Federal, State and Local taxes. Contractor and its agents and employees shall not
represent, act, purport to act, or be deemed to be the agent, representative, employee or servant of the
Client.
D. Worker’s Compensation Insurance.
If required under State or Federal law, Contractor shall provide and maintain worker’s compensation
insurance covering the work outlined herein and provide satisfactory proof of same to Client prior to
commencement of any work.
E. Drafting of Document and Reliance by Parties.
In negotiation, discussion and drafting of this contract, the parties have been advised to seek legal counsel
for representation to the extent they desire and have been given the opportunity to do so. The parties
warrant, represent and agree that they are not relying on the advice of any other party to this contract as
to the legal or other consequences arising out of the negotiation and execution of this contract other than
legal counsel to the extent they have chosen to consult legal counsel. The parties warrant and agree that
this contract was not induced by fraud, coercion, compulsion or mistake. This contract shall be deemed to
have been drafted by both parties and for purposes of interpretation no presumptions shall be made to the
contrary.
F. Reading and Signing.
The parties hereby further warrant that they have completely read all the terms hereof; that they are
competent to sign this contract; that they fully understand the terms of this contract; and that they
voluntarily accept the terms of this contract.
G. Entire Agreement.
The parties hereto warrant and agree that this contract contains the entire agreement between the parties
and that the terms of this contract are contractual and not a mere recital.
H. Governing Law and Consent to Jurisdiction and Venue.
The parties warrant and agree that this Agreement has been executed in the State of North Carolina and
shall be subject to, and construed in accordance with, the laws of the State of North Carolina. Any and all
actions relating in any way to this contract shall be brought in the General Courts of Justice in the County
of Harnett, State of North Carolina in the District Court Division.
I. Savings Clause.
To the extent any provision herein shall be deemed unenforceable, either as a matter of law or any other
reason, such provision shall be modified to reflect the intent of the parties. If such a provision cannot be
modified to reflect the intent of the parties, the remainder of the agreement shall remain in full force and
effect as long as the purpose and intent of the agreement can still be carried out by the remaining
enforceable terms. In the event that there are unenforceable provisions which prevent the effect, intent
and purpose of the agreement from being carried out, which cannot be modified to keep such purpose and
intent, then the parties hereby agree that they shall take whatever action necessary to effectuate the
purpose of this agreement. In the event the parties cannot come to an agreement as to the alternative
methods for effecting the purpose and intent of this agreement, the parties hereby expressly consent to
binding arbitration by a single arbitrator to be selected by the Harnett County Resident Superior Court
Judge. Said arbitrator shall, following an opportunity to be heard by each party, provide for an enforceable
plan to affect the purposes and intents of this agreement, including directing the parties to draft
documents, file actions or take any actions necessary to affect his directive. The Arbitrator’s directive shall
be enforceable by Order of the court and to the extent the parties do not follow such directive, said parties
shall be subject to the power of contempt by the court for not abiding by the terms of this agreement. Fees
Member NYSE | FINRA | SIPC Page 7
for the services of the Arbitrator, if such becomes necessary, shall be borne by equally between the parties.
Despite this paragraph, if a party hereto believes it has the right to bring a court proceeding or file an action
with the court that relates in any way to the matters in controversy addressed by this Agreement, said
proceeding shall be filed in Harnett County District Court and all parties hereby consent and agree to said
jurisdiction and venue.
J. Dispute Resolution.
Without waiving the foregoing resolution process discussed in the Savings clause paragraph above, if a
party hereto believes it has the right to bring a court proceeding or file an action with the court that relates
in any way to the matters in controversy addressed by this contract, said proceeding shall be filed and
heard in Harnett County District Court and all parties hereby consent and agree to said exclusive jurisdiction
and venue.
K. Indemnification/Hold Harmless.
To the fullest extent allowable under North Carolina law, Contractor hereby agrees to indemnify, hold
harmless and defend Client from any and all actions which may arise as a result of any damages or claims
for damages against Contractor or Client by any person or entity, including other parties hereto, arising
from this contract or performance of the services as called for herein which are the result of any breach of
the Contract terms or negligence on the part of Contractor or Contractor’s agents or employees.
L. Awareness of Hazards/other.
Contractor represents that it understands the currently known hazards to persons, property and the
environment resulting from the services called for in this contract. Contractor further represents that it will
perform all services under this Agreement in a safe, efficient and lawful manner, using industry-accepted
practices and methods.
M. Waiver Only for Specific Occurrence.
Any waiver by either party of any provision or condition of this Agreement shall not be construed or deemed
to be a waiver of any other provision or condition of this Agreement, nor a waiver of a subsequent breach
of the same provision or condition.
N. Waiver of Less Than Strict Performance.
Failure to require strict performance of any of the provisions hereof shall not be considered a waiver of
future right to demand strict performance with the provisions of this Agreement.
O. No Third Party Beneficiaries.
Nothing contained in this Agreement shall create a contractual relationship with or cause of action in favor
of a third party against either Party.
P. Guarantee.
It is understood by all parties that the Client has full control over the manner of performance of the services
called for in the contract. Contractor represents that it is familiar with this type of work and hereby provides
a guarantee that, absent unforeseen circumstances, the services will be performed to reasonably accepted
standards within their profession.
Q. Termination.
It is understood that Client shall have the right to terminate this agreement at any time and for any reason.
Contractor shall cease work upon receipt of said notice. Contractor shall be entitled to reasonable
compensation for expenses and work to date in the event such notice is given.
R. Collection Costs and Reasonable Attorney Fees.
In the event either party is caused to engage the services of an attorney to enforce the terms of this
Agreement, the prevailing party shall be entitled to recover the costs of such enforcement including, but
not limited to, reasonable attorney’s fees, court costs and other fees and costs reasonably incurred.
Member NYSE | FINRA | SIPC Page 8
S.Headings.
The subject headings of the paragraphs are included for purposes of convenience only and shall not affect
the construction or interpretation of any of its provisions.
T.Authority.
The undersigned persons hereby verify that they have the actual and apparent authority to enter into this
contract and that any and all action necessary to approve this contract has been undertaken and approved
by said entities.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed at the
place and on the day hereinabove first mentioned.
TOWN OF LILLINGTON, NORTH CAROLINA
By:
Name:
Title:
DAVENPORT & COMPANY LLC
By:
Ted Cole
Senior Vice President
PRE-AUDIT CERTIFICATE
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
This the day of , .
Town of Lillington Town Manager
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
TYPE OF PUBLIC HEARING
Legislative
AGENDA ITEM Consideration of Ordinance Extending the Corporate Limits of the Town of Lillington.
ITEM SUMMARY The Town of Lillington received a petition under §160A-31 for satellite annexation. The Town Board by
Resolution directed the Town Clerk to investigate the sufficiency of the petition. In accordance with
§160A-58.2 the Town Board called a Public Hearing on March 12, 2024 for the question of annexation
for 120.84-acres being PIN #: 0559-17-5176.000 Case Number ANX-24-01.
§ 160A-58.2. Public hearing.Upon receipt of a petition for annexation under this Part, the city council shall cause the city clerk toinvestigate the petition, and to certify the results of his investigation. If the clerk certifies that uponinvestigation the petition appears to be valid, the council shall fix a date for a public hearing on the
annexation. Notice of the hearing shall be published once at least 10 days before the date of hearing.
At the hearing, any person residing in or owning property in the area proposed for annexation and any
resident of the annexing city may appear and be heard on the questions of the sufficiency of the petition and the desirability of the annexation. If the council then finds and determines that (i) the area described in the petition meets all of the standards set out in G.S. 160A-58.1(b), (ii) the petition bears the signatures
of all of the owners of real property within the area proposed for annexation (except those not required to sign by G.S. 160A-58.1(a)), (iii) the petition is otherwise valid, and (iv) the public health, safety and welfare of the inhabitants of the city and of the area proposed for annexation will be best served by the annexation, the council may adopt an ordinance annexing the area described in the petition. The ordinance may be made effective immediately or on any specified date within six months from the date of passage.
RECOMMENDED ACTION
APPROVE the Ordinance to Extend the Corporate Limits of the Town of Lillington, North Carolina.
AGENDA ITEM #9-9A
OHEOHE OHEOHEOHEOHEOHEA
B
C
D
E
F
G
H
I
J
K
L
M
N
O
P
Q
R
S
T
U
V W X
Y Z
AA
AB
AC TABOYS CORPORATION
PIN: 0559-37-3887.000
DB 3366 PG 506
PB 1 PG 84
HARNETT COUNTY BOARD OF
EDUCATION
PIN: 0559-37-5263.000
DB 1757 PG 343
PB 2003 PG 809
DOLGENCORP INC & C/O TAX
PIN: 0559-36-3561.000
DB 1409 PG 635
PB 99 PG 504MILTON, OLLIE LEE
MILTON, REBECCA B.
PIN: 0559-36-1335.000
DB 1407 PG 670
PB 99 PG 504
MARY BETHEA BAKER
FAMILY LLC
PIN: 0559-25-6678.000
PID: 100559 0113
DB 2330 PG 738
1/2" EIR (CONTROL CORNER)
NAD 83 / NSRS 2011 / SPC
N: 597,712.96'
E: 2,053,403.16'
1/2" EIR
1/5"EIP
1/2" EIP
I-BEAM
A.FULLER, WILLIAM C.K. BAREFIELD, MARTHA M.U: HARRINGTON, LUCCILE
PIN: 0549-96-4910.000 PIN: 0559-06-3400.000 PIN: 0559-16-0313.000
DB 3363 PG 425 DB 706 PG 903 DB 734 PG 570
B.YEADEN, PATRICIA A.L.DAVIS, ANNIE M.V: CURRIN, VICTORIA B. ET AL
PIN: 0549-96-5844.000 PIN: 0559-06-3357.000 PIN: 0559-18-1322.000
DB 2498 PG 235 DB 2678 PG 346 DB 3991 PG 389
C.YEADEN, PATRICIA A.M.SIMS, TRACIE L.W:CURRIN, VICTORIA B. ET AL
PIN: 0549-96-5881.000 PIN: 0559-06-4304.000 PIN: 0559-18-3342.000
DB 2505 PG 531 DB 3944 PG 645 DB 3991 PG 389
D. YEADEN, PATRICIA A.N:MCALLISTER, PAUL E.X: CURRIN, VICTORIA B. ET AL
PIN: 0549-96-6738.000 PIN: 0559-06-4351.000 PIN: 0559-18-4340.000
DB 2498 PG 235 DB 1737 PG 25 DB 3991 PG 389
E. HARRINGTON, ERNEST O:MCALLISTER, PAUL E.Y: HARNETT FOOD PANTRY INC
PIN: 0549-86-7733.000 PIN: 0559-06-4299.000 PIN: 0559-28-2114.000
DB 728 PG 941 DB 1737 PG 25 DB 3537 PG 242
F. COOPER, VERNE LYNETTE P: ALCINDOR, EARLENE Z: HARNETT FOOD PANTRY INC
PIN: 0549-96-7770.000 PIN: 0559-06-5294.000 PIN: 0559-28-2173.000
DB 803 PG 268 DB 2510 PG 467 DB 3537 PG 242
G.HARRINGTON, ERNEST Q:ALCINDOR, EARLENE AA: TOBLER, AMY MILTON ET AL
PIN: 0549-96-8627.000 PIN: 0559-06-6241.000 PIN: 0559-28-7045.000
DB 387 PG 413 DB 2510 PG 467 DB 3952 PG 992
H.HARRINGTON, ERNEST R:MCALLISTER, DAVID EARL AB: MILLER, DARLENE
PIN: 0549-96-7663.000 PIN: 0559-06-6198.000 PIN: 0559-28-9031.000
DB 718 PG 13 DB 3164 PG 185 DB 765 PG 22
I.DRANE, ANNIE D.S:HODGES CURTIS ET AL.AC: HARNETT CO SHRINE CLUB
PIN: 0559-06-1469.000 PIN: 0559-06-9126.000 HOLDING
DB 386 PG 599 DB 852 PG 988 PIN: 0559-37-0894.000
DB 1155 PG 175
J. MCNEILL, MARVA ET AL.T: HARRINGTON, LUCILLE
PIN: 0559-06-2416.000 PIN: 055906-9265.000
DB 392 PG 429 DB 533 PG 198
T
T
T
M
M
M
M
M
T
T
OH
E
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHEOHEOHEOHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
OHE
CREEK
CREEK
POND
POND
POSSIBLE 88.9' ENCROACHMENT OF A DEBRIS PILE
POSSIBLE 8.6' ENCROACHMENT OF A SHEDTRAILER
30" RCP
30" RCP
T
T T
1/5"EIP
ADJOINING LOT INFORMATION
POSSIBLE 17.3'
ENCROACHMENT
OF A SHED
18" RCP
PAVED ROAD
1/5" EIP - BENT
(POB)
30" RCP
POSSIBLE 5.5'
ENCROACHMENT
OF A 3.5 BARB
WIRE FENCE
PAVED ROAD
W OLD RD (
S
R
1
2
8
6
)
60' PUBLIC
R
/
W
PC# 1 SL 13
8
NC 2
7
W
60' P
U
B
LI
C
R/
W (
S
C
A
L
E
D)
PC#
1
S
L
1
3
8 OHESHED
CARPORT
1 STORY VINYL HOUSE
W/ FRONT PORCH AND DECK
3" EIP 2" EIP
1" EIR
1/2" EIP
114" EIP
EXISTING
C
I
T
Y
O
F
L
I
L
L
I
N
G
T
O
N
L
I
M
I
T
S
OHE
OHE
T
SHAWTOWN RD (SR 1133)60' PUBLIC R/WPC# 1 SL 138EXISTIN
G
C
I
T
Y
O
F
LILLING
T
O
N
L
I
M
I
T
S
NEW CITY
O
F
LILLINGT
O
N
L
I
M
I
T
S
NEW CITY OFLILLINGTON LIMITSNEW
C
I
T
Y
O
F
LILLIN
G
T
O
N
L
I
M
I
T
S
NE
W
C
I
T
Y
O
F
LIL
L
I
N
G
T
O
N
L
I
M
I
T
S
NEW CITY OF
LILLINGTON LIMITS
NE
W
C
I
T
Y
O
F
LIL
L
I
N
G
T
O
N
L
I
M
I
T
S
NEW
CI
T
Y
O
F
LILLI
N
G
T
O
N
LI
MI
T
S
NEW CIT
Y
O
F
LILLINGT
O
N
L
I
M
I
T
S
L1L2L3
L
4
L
5
L6
L7L8L9L1
0L11
L12L1
3
L14
L15
L16
L17
L18
L19 L20
L21 L22
L23
L24
L25
L26
L27
L28
L29
L30L31
L32L33
L34L35L36L37L38L39L40L41L48L47L46L45L44L43L42LINE TABLE
LINE#
L1
L2
L3
L4
L5
L6
L7
L8
L9
L10
L11
L12
DIRECTION
S89° 37' 46"W
N86° 37' 29"W
S59° 30' 57"W
N36° 50' 50"W
N46° 55' 27"W
N65° 06' 33"W
S25° 07' 37"W
S26° 32' 58"W
S30° 06' 14"W
N58° 13' 09"W
S31° 48' 05"W
S31° 48' 05"W
LENGTH
1043.69'
182.58'
47.00'
150.52'
232.87'
60.00'
213.52'
191.61'
156.87'
432.88'
200.43'
110.99'
LINE TABLE
LINE#
L13
L14
L15
L16
L17
L18
L19
L20
L21
L22
L23
L24
DIRECTION
N59° 48' 30"W
N51° 27' 03"E
N51° 36' 25"E
N51° 46' 25"E
N56° 14' 39"E
S01° 40' 44"W
S77° 54' 49"E
S81° 00' 22"E
S77° 57' 46"E
S10° 36' 13"W
S79° 13' 44"E
S79° 13' 44"E
LENGTH
1531.98'
929.39'
796.02'
366.95'
59.47'
51.62'
126.07'
126.97'
156.05'
52.07'
558.12'
60.49'
LINE TABLE
LINE#
L25
L26
L27
L28
L29
L30
L31
L32
L33
L34
L35
L36
DIRECTION
S79° 13' 44"E
S17° 34' 48"W
S77° 33' 31"E
S19° 23' 35"W
S77° 17' 51"E
S18° 06' 36"W
S73° 30' 26"E
S04° 35' 37"E
S73° 17' 16"W
S73° 17' 16"W
N24° 39' 17"E
N24° 38' 40"E
LENGTH
986.46'
33.52'
150.05'
33.83'
263.50'
929.70'
420.03'
74.03'
287.10'
198.27'
223.23'
199.10'
LINE TABLE
LINE#
L37
L38
L39
L40
L41
L42
L43
L44
L45
L46
L47
L48
DIRECTION
N24° 37' 55"E
N22° 56' 12"E
N19° 27' 34"E
N17° 57' 10"E
N18° 03' 08"E
N18° 03' 08"E
N17° 57' 10"E
N19° 27' 34"E
N22° 56' 12"E
N24° 37' 55"E
N24° 38' 40"E
N24° 39' 17"E
LENGTH
197.05'
208.34'
197.67'
207.51'
149.86'
157.47'
208.25'
200.28'
211.05'
197.95'
199.11'
223.48'
DARLENE MILLER &
TELFORD A MILLER JR
PIN: 0559-18-7271.000
DB 4191 PG 1573
PB 1 PG 84
DARLENE MILLER &
TELFORD A MILLER
JR
PIN: 0559-28-4150.000
DB 4191 PG 1573
C
CC
T
15" RCP
18" RCP
114" EIP (CONTROL CORNER)
NAD 83 / NSRS 2011 / SPC
N: 596,509.21'
E: 2,050,853.76'
LEGEND
EXISTING BOUNDARY CORNER FOUND
BOUNDARY CORNER SET
COMPUTED POINT
CLEAN OUT
TRANSFORMER / ELECTRIC BOX
LIGHT POLE
UTILITY POLE
WATER METER
FIRE HYDRANT
UTILITY VALVE
TELEPHONE PEDESTAL
CABLE PEDESTAL
UTILITY MANHOLE
UTILITY HAND HOLE
AIR CONDITIONING UNIT
SIGN
GUY WIRE
BURIED UTILITY MARKER
EIP EXISTING IRON PIPE
EIR EXISTING IRON REBAR
IPS IRON PIPE SET
PC PLAT CABINET
SL SLIDE
DB DEED BOOK
PG PAGE
BM BOOK OF MAPS
R/W RIGHT OF WAY
POB POINT OF BEGINNING
(T)TOTAL
NEW CITY LIMITS
EXISTING CITY LIMITS
PROPERTY LINE NOT SURVEYED
OVERHEAD UTILITY LINES
EDGE OF PAVEMENT
PAVEMENT
WATER (POND)
1 inch = ft.
( IN FEET )
GRAPHIC SCALE
0 125 1000
250
500250250 NAD 83 / NSRS 2011 / SPCSHEET 1 OF 2BATEMAN CIVIL SURVEY COMPANYENGINEERS ● SURVEYORS ● PLANNERS2524 RELIANCE AVENUE, APEX, NC 27539PHONE: (919) 577-1080 FAX: (919) 577-1081INFO@BATEMANCIVILSURVEY.COMNCBELS FIRM# C-2378DRAWING #: 220408
DATE: 05/16/2023
SCALE: 1" = 250'
CHECKED BY: SPC
DRAWN BY: BMN
DESIGNED BY:
REVISIONS
1.
2.
3.
4.
5.
CLASS OF SURVEY: A
POSITIONAL ACCURACY: 0.06'
TYPE OF GPS FIELD PROCEDURE: NC CORS NETWORK
DATES OF SURVEY: MAY 2023
DATUM/EPOCH: NAD83/NSRS2011
GEOID MODEL: 18
COMBINED GRID FACTOR(S): 0.99987544
UNITS: US SURVEY FEETNAD 83 / NSRS 2011 / SPCCONTIGUOUS ANNEXATION PLAT EXCLUSIVELY FOR ASHTON WOODSAS RECORDED IN DEED BOOK 4191, PAGE 1573PIN: 0559-17-5176.000LILLINGTON TWSP • HARNETT COUNTY • NORTH CAROLINAT
M
a/c
C
THIS MAP IS CONSIDERED PRELIMINARY, NOT FOR RECORDATION, CONVEYANCE OR
SALES UNLESS SIGNED AND SEALED BY THE LICENSED SURVEYOR.NC-210 SNC-27
W
OLD
U
S-
4
2
1
US-421 N
US-401 SS MAIN STSHAWTOWN RDS 13TH STFRO
N
T
S
T
E MCNIEL S
T
VICINITY MAP
NOT TO SCALE
W OLD RD
*SITE
N/F
MILLER, DARLENE & MILLER, TELFORD A. JR
PIN: 0559-17-5176.000
PID: 100549 0153
DB 4191 PG 1573 / PC 1 SL 138
301 W. OLD RD, LILLINGTON, NC
TOTAL ANNEXATION AREA:
5,263,655 SF = 120.84 ACRES
(INCLUDES 83,410 SF OF SHAWTOWN ROAD)
REVIEW OFFICER CERTIFICATION
STATE OF NORTH CAROLINA
COUNTY OF HARNETT
I, ___________________, REVIEW OF HARNETT COUNTY, CERTIFY THAT THE MAP OR PLAT
TO WHICH THIS
CERTIFICATION IS AFFIXED MEETS ALL STATUTORY REQUIREMENTS FOR RECORDING.
______________________, REVIEW OFFICER
DATE ______________________
CERTIFICATION OF APPROVAL FOR RECORDING
I CERTIFY THAT THE MAP OR PLAT TO WHICH THIS CERTIFICATION IS AFFIXED MEETS ALL
REQUIREMENTS OF THE TOWN OF LILLINGTON
UNIFIED DEVELOPMENT ORDINANCE.
_______________________________ ____________________
ADMINISTRATOR DATE
SEE PAGE 2 OF 2 FOR ANNEXATION LEGAL DESCRIPTION
OHE
NOTES
1. THIS SURVEY WAS PREPARED BY BATEMAN CIVIL SURVEY COMPANY UNDER THE SUPERVISION OF STEVEN
P. CARSON, PLS.
2. ALL DISTANCE ARE HORIZONTAL GROUND DISTANCE AND ALL BEARINGS ARE BASED ON GPS
OBSERVATIONS, NAD83 / NSRS 2011 / SPC, UNLESS OTHERWISE SHOWN.
3. PROPERTY LIES IN ZONE "X" PER NATIONAL INSURANCE PROGRAM FLOOD INSURANCE RATE MAP
#3720054800J, DATED 10/03/2006.
4. SITE ZONED "RS20" PER HARNETT COUNTY GIS.
5. AREAS COMPUTED BY COORDINATE METHOD.
6. THIS SURVEY PERFORMED WITHOUT THE BENEFIT OF A TITLE REPORT.
7. NO GRID MONUMENTS FOUND WITHIN 2000'.
I, STEVEN P. CARSON, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY
SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MY SUPERVISION (DEED
DESCRIPTION RECORDED IN DB 4191, PG 1573; THAT THE BOUNDARIES NOT
SURVEYED ARE CLEARLY INDICATED AS DRAWN FROM INFORMATION FOUND AS
SHOWN HERE ON; THAT THE RATIO OF PRECISION AS CALCULATED IS 1:10,000+; THAT
THIS PLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED WITNESS
MY ORIGINAL SIGNATURE, REGISTRATION NUMBER AND SEAL THIS _______ DAY OF
______________________, A.D., 2023.
I, FURTHER THAT IN ACCORDANCE WITH G.S. 47-30-F-11-C-1; CERTIFY THAT THE
SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR MORE
EXISTING EASEMENTS AND DOES NOT CREATE A NEW STREET OR CHANGE AN
EXISTING STREET. FOR THE PURPOSE OF THIS SUBSECTION, AN "EXISTING PARCEL"
OR "EXISTING EASEMENT" IS AN AREA OF LAND DESCRIBED IN A SINGLE, LEGAL
DESCRIPTION CONVEYED TO A NEW OWNER BY DEED IN ITS EXISTING
CONFIGURATION.
__________________________________________________
STEVEN P. CARSON, PLS DATE
NC LICENSE NO. L-4752
I DO HEREBY CERTIFY THAT THE LILLINGTON BOARD OF COMMISSIONERS APPROVED THE
ANNEXATION ON __________________ AND OFFICIALLY ADOPTED THIS ANNEXATION MAP.
__________ ______________________________________________
DATE LINDSEY B. LUCAS, TOWN CLERK
__________ ______________________________________________
DATE LANDON CHANDLER, ZONING ADMINISTRATOR
P:\2022 Projects\220408 Miller Farm ALTA\DWG\220408 Miller Farm Annexation + Topo + SUE + Wetlands.dwg, 1/29/2024 9:24:20 AM
Bateman Civil Survey Company, PC Phone: (919) 577-1080
2524 Reliance Avenue Fax: (919) 577-1081
Apex, NC 27539 info@batemancivilsurvey.com
01/30/24 Pin 0559-17-5176.000- Legal.docx
LEGAL DESCRIPTION: PIN 0559-17-5176.000
BEING ALL THAT CERTAIN PARCEL(S), SITUATED IN LILLINGTON, HARNETT COUNTY, NORTH CAROLINA, BEING KNOWN AS PID# 100549 0153 (PIN: 0559-17-5176.000) , HARNETT
COUNTY RECORD, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 1/5” BENT EXISTING IRON REBAR FOUND ON A NORTHERN PROPERTY
CORNER OF OLLIE LEE MILTON & REBECCA B. MILTON (PIN: 0559-36-1335.000, DB 1407, PG 670) AND A SOUTH-EASTERN PROPERTY CORNER OF DARLENE MILLER & TELFORD A. MILLER JR. (PIN: 0559-17-5176.000, DB. 4191 PG .1573, PLAT CAB. 1, SLIDE 138) AND BEING DESIGNATED AS THE POINT OF BEGINNING AS SHOWN ON MAP MADE BY BATEMAN CIVIL SURVEY COMPANY, DATED 05/16/2023 AND ENTITLED “CONTIGUOUS ANNEXATION PLAT EXCLUSIVELY FOR ASHTON WOODS” AND RUNNING THE FOLLOWING CALLS: SOUTH 89°37'46" WEST A DISTANCE OF 1,043.69’ TO A 3/4" IRON PIPE SET; THENCE NORTH 86°37'29" WEST A DISTANCE OF 182.58’ TO A 1/5” EXISTING IRON PIPE; THENCE SOUTH 59°30'57" WEST A DISTANCE OF 47.00’ TO A 1/5” EXISTING IRON PIPE; THENCE NORTH 36°50'50" WEST A DISTANCE OF 150.52’ TO A 3/4" IRON PIPE SET;
THENCE NORTH 46°55'27" WEST A DISTANCE OF 232.87’ TO A COMPUTED POINT, SAID POINT BEING ON THE EASTERN RIGHT OF WAY OF SHAWTOWN ROAD (SR 1133), THENCE, CROSSING SAID RIGHT OF WAY, NORTH 65°06'33" WEST A DISTANCE OF 60.00’
TO A COMPUTED POINT ON THE WESTERN RIGHT OF WAY OF SHAWTOWN ROAD; THENCE, ALONG SHAWTOWN ROAD, SOUTH 25°07'37" WEST A DISTANCE OF 213.52’ TO A COMPUTED POINT ON THE WESTERN RIGHT OF WAY OF SHAWTOWN ROAD;
THENCE SOUTH 26°32'58" WEST A DISTANCE OF 191.61’ TO A COMPUTED POINT ON THE WESTERN RIGHT OF WAY OF SHAWTOWN ROAD; THENCE SOUTH 30°06'14" WEST A DISTANCE OF 156.87’ TO AN I-BEAM ON THE WESTERN RIGHT OF WAY OF SHAWTOWN ROAD; THENCE, LEAVING SAID RIGHT OF WAY, NORTH 58°13'09" WEST A DISTANCE OF 432.88’ TO A 1-1/4” EXISTING IRON PIPE AT THE NORTHERN PROPERTY CORNER OF LUCILLE HARRINGTON (PIN: 0559-16-0313.000, DB. 734, PG. 570), SAID IRON PIPE BEING A CONTROL CORNER WITH STATE PLANE COORDINATES N: 593,509.21’ AND E: 2,020,853.76’ (NAD 83 / NSRS 2011 / SPC); THENCE SOUTH 31°48'05" WEST A DISTANCE OF 200.43’ TO A 1/2” EXISTING IRON PIPE; THENCE SOUTH 31°48'05" WEST A DISTANCE OF 110.99’ TO A 3/4” IRON PIPE SET;
THENCE NORTH 59°48'30" WEST A DISTANCE OF 1,531.98’ TO A COMPUTED POINT ON THE EASTERN RIGHT OF WAY OF NC-27 W;
Bateman Civil Survey Company, PC Phone: (919) 577-1080
2524 Reliance Avenue Fax: (919) 577-1081
Apex, NC 27539 info@batemancivilsurvey.com
01/30/24 Pin 0559-17-5176.000- Legal.docx
THENCE, ALONG SAID RIGHT OF WAY, NORTH 51°27'03" EAST A DISTANCE OF 929.39’ TO A
COMPUTED POINT ON THE EASTERN RIGHT OF WAY OF NC-27 W; THENCE, CONTINUING ALING SAID RIGHT OF WAY, NORTH 51°36'25" EAST A DISTANCE OF 796.02’ TO A COMPUTED POINT ON THE EASTERN RIGHT OF WAY OF NC-27 W; THENCE, CONTINUING ALING SAID RIGHT OF WAY, NORTH 51°46'25" EAST A DISTANCE OF 366.95’ TO A COMPUTED POINT ON THE EASTERN RIGHT OF WAY OF NC-27 W; THENCE, CONTINUING ALING SAID RIGHT OF WAY, NORTH 56°14'39" EAST A DISTANCE
OF 59.47’ TO A COMPUTED POINT ON THE EASTERN RIGHT OF WAY OF NC-27 W; THENCE, LEAVING NC-27 W, SOUTH 01°40'44" WEST A DISTANCE OF 51.62’ TO A COMPUTED POINT, SAID POINT BEING THE SOUTHWEST PROPERTY CORNER OF
VICTORIA B. CURRIN (PIN: 0559-18-1332.000, DB 3991, PG 389); THENCE SOUTH 77°54'49" EAST A DISTANCE OF 126.07’ TO A 3/4” IRON PIPE SET; THENCE SOUTH 81°00'22" EAST A DISTANCE OF 126.97’ TO A 3/4” IRON PIPE SET;
THENCE SOUTH 77°57'46" EAST A DISTANCE OF 156.05’ TO A 1-1/4” EXISTING IRON PIPE; THENCE SOUTH 10°36'13" WEST A DISTANCE OF 52.07’ TO A COMPUTED POINT; THENCE SOUTH 79°13'44" EAST A DISTANCE OF 558.12’ TO A COMPUTED POINT ON THE WESTERN RIGHT OF WAY OF SHAWTOWN ROAD (SR 1133), SAID POINT BEING THE SOUTHEAST PROPERTY CORNER OF DARLENE MILLER & TELFORD A. MILLER JR (PIN:
0559-18-7271.000, DB 4191, PG 1573) THENCE, CROSSING SHAWTOWN ROAD, SOUTH 79°13'44" EAST A DISTANCE OF 60.49’ TO A COMPUTED POINT, SAID POINT BEING THE SOUTHWEST PROPERTY CORNER OF DARLENE MILLER & TELFORD A. MILLER JR. (PIN: 0559-28-4150.000, DB 4191, PG 1573); THENCE SOUTH 79°13'44" EAST A DISTANCE OF 986.46’ TO A COMPUTED POINT SAID POINT BEING THE SOUTHEAST PROPERTY CORNER OF DARLENE MILLER & TELFORD A.
MILLER JR (PIN: 0559-28-4150.000, DB 4191, PG 1573); THENCE SOUTH 17°34'48" WEST A DISTANCE OF 33.52’ TO A 3” EXISTING IRON PIPE; THENCE SOUTH 77°33'31" EAST A DISTANCE OF 150.05’ TO A 2” EXISTING IRON PIPE;
THENCE SOUTH 19°23'35" WEST A DISTANCE OF 33.83’ TO 1” EXISTING IRON REBAR; THENCE SOUTH 77°17'51" EAST A DISTANCE OF 263.50’ TO 1/2" EXISTING IRON REBAR, SAID REBAR BEING A CONTROL CORNER WITH NORTH CAROLINA STATE PLANE COORDINATES N: 597,712.96’ AND E: 2,053,403.16’ (NAD 83 / NSRS 2011 / SPC); THENCE SOUTH 18°06'36" WEST A DISTANCE OF 929.70’ TO A 1/2" EXISTING IRON REBAR; THENCE SOUTH 73°30'26" EAST A DISTANCE OF 420.03’ TO A ½” EXISTING IRON REBAR; THENCE SOUTH 04°35'37" EAST A DISTANCE OF 74.03’ TO A 3/4” IRON PIPE SET; THENCE SOUTH 73°17'16" WEST A DISTANCE OF 287.10’ TO A 3/4” IRON PIPE SET;
THENCE SOUTH 73°17'16" WEST A DISTANCE OF 198.27’ TO A 1/5” BENT EXISTING IRON REBAR, SAID REBAR BEING THE POINT AND PLACE OF BEGINNING. SAID ANNEXATION CONTAINS 5,263,655 SQUARE FEET (120.84 ACRES) MORE OR LESS.
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
ORDINANCE FY2024-12 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF LILLINGTON, NORTH CAROLINA WHEREAS, the Town of Lillington Governing Board has received a petition under G.S. 160A-31 for contiguous satellite annexation of the area described below; and WHEREAS, the Governing Board has by Resolution No. 2024-15 directed the Town Clerk to investigate the sufficiency of said petition; and WHEREAS, the Town Clerk has certified the sufficiency of said petition and the Governing Board
adopted Resolution No. 2024-16 fixing a date of public hearing. By authority granted by G.S. 160A-58.2, a public hearing on the question of this annexation was held at the Lillington Town Hall at 6:00 o’clock, P.M. on the 12th day of March, 2024, after due notice by publication on the 1st of March, 2024; and
WHEREAS, the Governing Board does hereby find as a fact that the petition meets the requirements of G.S. 160A-31, as amended BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that:
Section 1. By virtue of the authority granted by G.S. 160A-58.2, the following described
contiguous territory is hereby annexed and made part of the Town of Lillington, as of March 12,
2024.
The area proposed for annexation are described as follows:
Being All That Certain Parcel(S), Situated In Lillington, Harnett County, North Carolina, Being Known As Pid# 100549 0153 (Pin: 0559-17-5176.000) , Harnett County Record, And Being More Particularly Described As Follows:
Beginning At A 1/5” Bent Existing Iron Rebar Found On A Northern Property Corner Of Ollie Lee Milton & Rebecca B. Milton (Pin: 0559-36-1335.000, Db 1407, Pg 670) And A South-Eastern Property Corner Of Darlene Miller & Telford A. Miller Jr. (Pin: 0559-17-5176.000, Db. 4191 Pg .1573, Plat Cab. 1, Slide 138) And Being Designated As The Point Of Beginning As Shown On Map Made By Bateman Civil Survey Company, Dated 05/16/2023 And Entitled “Contiguous Annexation Plat Exclusively For Ashton Woods” And Running The Following Calls:
South 89°37'46" West A Distance Of 1,043.69’ To A 3/4" Iron Pipe Set; Thence North 86°37'29" West A Distance Of 182.58’ To A 1/5” Existing Iron Pipe; Thence South 59°30'57" West A Distance Of 47.00’ To A 1/5” Existing Iron Pipe; Thence North 36°50'50" West A Distance Of 150.52’ To A 3/4" Iron Pipe Set;
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Thence North 46°55'27" West A Distance Of 232.87’ To A Computed Point, Said Point Being On The Eastern Right Of Way Of Shawtown Road (Sr 1133),
Thence, Crossing Said Right Of Way, North 65°06'33" West A Distance Of 60.00’ To A Computed Point On The Western Right Of Way Of Shawtown Road; Thence, Along Shawtown Road, South 25°07'37" West A Distance Of 213.52’ To A Computed Point On The Western Right Of Way Of Shawtown Road; Thence South 26°32'58" West A Distance Of 191.61’ To A Computed Point On The Western Right Of Way Of Shawtown Road; Thence South 30°06'14" West A Distance Of 156.87’ To An I-Beam On The Western Right Of Way Of Shawtown Road; Thence, Leaving Said Right Of Way, North 58°13'09" West A Distance Of 432.88’ To A 1-1/4” Existing Iron Pipe At The Northern Property Corner Of Lucille Harrington (Pin: 0559-16-0313.000, Db. 734, Pg. 570), Said Iron Pipe Being A Control Corner With State Plane Coordinates N:
593,509.21’ And E: 2,020,853.76’ (Nad 83 / Nsrs 2011 / Spc); Thence South 31°48'05" West A Distance Of 200.43’ To A 1/2” Existing Iron Pipe; Thence South 31°48'05" West A Distance Of 110.99’ To A 3/4” Iron Pipe Set;
Thence North 59°48'30" West A Distance Of 1,531.98’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Along Said Right Of Way, North 51°27'03" East A Distance Of 929.39’ To A Computed Point
On The Eastern Right Of Way Of Nc-27 W; Thence, Continuing Aling Said Right Of Way, North 51°36'25" East A Distance Of 796.02’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Continuing Aling Said Right Of Way, North 51°46'25" East A Distance Of 366.95’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Continuing Aling Said Right Of Way, North 56°14'39" East A Distance Of 59.47’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Leaving Nc-27 W, South 01°40'44" West A Distance Of 51.62’ To A Computed Point, Said Point Being The Southwest Property Corner Of Victoria B. Currin (Pin: 0559-18-1332.000, Db 3991, Pg 389); Thence South 77°54'49" East A Distance Of 126.07’ To A 3/4” Iron Pipe Set;
Thence South 81°00'22" East A Distance Of 126.97’ To A 3/4” Iron Pipe Set; Thence South 77°57'46" East A Distance Of 156.05’ To A 1-1/4” Existing Iron Pipe; Thence South 10°36'13" West A Distance Of 52.07’ To A Computed Point; Thence South 79°13'44" East A Distance Of 558.12’ To A Computed Point On The Western Right Of Way Of Shawtown Road (Sr 1133), Said Point Being The Southeast Property Corner Of Darlene Miller & Telford A. Miller Jr (Pin: 0559-18-7271.000, Db 4191, Pg 1573)
Thence, Crossing Shawtown Road, South 79°13'44" East A Distance Of 60.49’ To A Computed Point, Said Point Being The Southwest Property Corner Of Darlene Miller & Telford A. Miller Jr. (Pin: 0559-28-4150.000, Db 4191, Pg 1573); Thence South 79°13'44" East A Distance Of 986.46’ To A Computed Point Said Point Being The Southeast Property Corner Of Darlene Miller & Telford A. Miller Jr (Pin: 0559-28-4150.000, Db 4191, Pg 1573); Thence South 17°34'48" West A Distance Of 33.52’ To A 3” Existing Iron Pipe; Thence South 77°33'31" East A Distance Of 150.05’ To A 2” Existing Iron Pipe; Thence South 19°23'35" West A Distance Of 33.83’ To 1” Existing Iron Rebar; Thence South 77°17'51" East A Distance Of 263.50’ To 1/2" Existing Iron Rebar, Said Rebar Being A Control Corner With North Carolina State Plane Coordinates N: 597,712.96’ And E: 2,053,403.16’
(Nad 83 / Nsrs 2011 / Spc); Thence South 18°06'36" West A Distance Of 929.70’ To A 1/2" Existing Iron Rebar; Thence South 73°30'26" East A Distance Of 420.03’ To A ½” Existing Iron Rebar; Thence South 04°35'37" East A Distance Of 74.03’ To A 3/4” Iron Pipe Set;
Town of Lillington | 3
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Thence South 73°17'16" West A Distance Of 287.10’ To A 3/4” Iron Pipe Set; Thence South 73°17'16" West A Distance Of 198.27’ To A 1/5” Bent Existing Iron Rebar, Said Rebar
Being The Point And Place Of Beginning.
Said Annexation Contains 5,263,655 Square Feet (120.84 Acres) More Or Less.
Annexation Map Recorded in Map Book _______ - _______
Section 2. Upon and after March 12, 2024, the above-described territory and its citizens
and property shall be subject to all debts, laws, ordinances, and regulations in force in the Town of
Lillington and shall be entitled to the same privileges and benefits as other parts of the Town of
Lillington. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.
Section 3. The Mayor of the Town of Lillington shall cause to be recorded in the office
of the Register of Deeds of Harnett County, and in the office of the Secretary of State at Raleigh,
North Carolina, an accurate map of the annexed territory, described in Section 1 above, together with
a duly certified copy of this ordinance. Such a map shall also be delivered to the Harnett County
Board of Elections, as required by G.S. 163-288.1.
Adopted this 12th day of March, 2024
__________________________
Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
APPROVED AS TO FORM:
Tony Buzzard, Town Attorney
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Landon Chandler, Planning Director
AGENDA ITEM
Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits
ITEM SUMMARY
Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Darleen & Telford Miller)
RECOMMENDED ACTION Approve Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Darleen & Telford Miller)
Suggested Statement of Consistency
As stated in the evaluation, the requested zoning assignment to Conditional District Residential Single Family, CD-RS10 is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area.
Therefore, the ordinance for the zoning assignment request be Approved.
The requested zoning assignment to Conditional District Residential Single Family, CD-RS10 is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable impact on the surrounding community, but would also fail to enhance the public health, safety, and general welfare as stated in the evaluation. Therefore, the
ordinance for the zoning assignment request be Denied.
AGENDA ITEM #10-10A
ZONING ASSIGNMENT STAFF REPORT
CASE NUMBER: RZ-24-01 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org
Planning Board: February 19, 2024 Town Commissioners: March 12, 2024
To Rezone three parcels totaling approximately 123.85-acres located as pictured below. Applicant is proposing a Conditional District Residential Single Family, CD-RS10 Cluster District with voluntary
conditions and site plan. Current Zoning on site is RS20 & NB.
Applicant Information
Owner of Record: Applicant:
Name: Darleen & Telford August Miller, Jr. Name: Starlight Homes North Carolina
Address: PO Box 1202 Address: 900 Ridgeville Dr. Suite 335
City/State/Zip: Lillington, NC 27546 City/State/Zip: RALEIGH, NC 27609
Property Description
PIN(s): 0559-17-5176.000, 0559-18-7271.000, 0559-28-4150.000 Acreage: 123.85
Address/SR No.: Around 301 & 401 W. Old Rd.
Vicinity Map
Physical Characteristics and Existing Land Uses Site Description: Site is currently a residentially used tract between HWY 27 W. 7 NC 210 S. The 123.85-acre
assemblage of land has access to Town of Lillington Water and Sewer. The surrounding land uses are Single
Family Residential, Commercial, Institutional, and previously approved projects to the South.
Services Available Water: Sewer: Other:
Public (Town Of Lillington) ☒ Public (Town of Lillington)
☐ Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☐ Other (Unverified) ☐ Other: (Unverified)
Other: A potential connection may be made however; no guarantees are expressed as it relates to capacity if this zoning proposal is approved. No technical review has been performed on this project, and all other non-specified items will have to meet the Town of Lillington Unified Development Ordinance.
Conditional Districts:
• Conditional Districts are districts with conditions voluntarily added only in response to a petition by the
owner of all the property to be included in such district. In accordance with NCGS 160A-382, specific
conditions applicable to these districts may be proposed by the applicant or Town but only those conditions mutually approved by the Town and the applicant may be incorporated into the Conditional District zoning.
• Conditional Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Because Conditional District developments are constructed in a comprehensive manner, they may establish their own building, street, block, and lot pattern which may be unique from other surrounding
blocks or neighborhoods. Conditional Districts may be used in any district but is not intended to relieve
hardships that would otherwise be handled using a variance procedure.
• In addition to modification of specific district provisions (except use), the various provisions detailed in
this Article may be varied if specifically requested by the petitioner as part of a Conditional District application with exception to the following: Article Title Exception to Modification
2 Zoning and District Provisions Uses permitted may not be added unless the use proposed is not currently defined or contemplated by the Code. Permitted uses may be removed from the petition.
6 Subdivisions & Infrastructure May substitute dedication of public open space for payment-in-lieu per Board of Commissioners approval. Except in areas identified on the Land
Use Plan map as public greenways and linear parks.
Amount required may not be reduced.
• Upon the approval of the petition for a Conditional District, the subject property shall be identified on the Official Zoning Map by the appropriate district designation. A parallel conditional zoning designation shall be identified with the underlying general district letters "CD” (example CD-RS20).
Proposed Zoning:
The applicant is proposing a Conditional RS10 Cluster Zoning District with plans of a mixed-use single-family
development with the following voluntary conditions: Site Conditions
1. Per UDO 5.13.4.A, the maximum number of homes allowed (5 units/acre in base
zoning) is 619 lots. This subdivision shall have a maximum of 400 lots.
2. Per UDO 5.13.4.B, there is no minimum lot size for a single‐family cluster
subdivision. This project proposes a minimum lot size of 4,500 sf.
3. Per UDO 5.13.3, a minimum open space area required for a cluster subdivision is
20%.
4. Per UDO 5.13.5 the minimum lot frontage and building setbacks for an R‐10
district may be reduced by 25% for a cluster development.
Single Family Home Lots
RS‐10 Base Zoning Requested
Lot Width ‐ 50 ft 40 ft
Front Setback ‐ 20 ft 15 ft
Rear Setback ‐ 25 ft 20 ft
Side Setback ‐ 8 ft 6 ft
Side Street Setback ‐ 20 ft 15 ft
Townhome Lots
Minimum Lot Area 1,800 sf
Minimum Lot Width 20 ft
Front Setback 20 ft
Side Setback 0’
Rear Setback 10’
Side Street Setback 10’
5. Street network shall be as shown on preliminary site plan.
6. Parking
a. Single Family: Each single family residence will have at least (2) paved
parking spaces. The spaces will either be within an enclosed garage,
driveway, or as designated parking pad.
b. Townhome: Each townhome has adequate setback to park a car in front
of the garage and (1) inside the garage (for single garage units).
Additional visitor parking will be provided at a rate of 1 space / 4
townhome units.
7. On the eastern tract, two access points shall be provided with no connection to
West Old Road due to existing railroad easement.
8. Street sections for subdivision shall provide a 52’ ROW and 27’ B‐B section.
9. Cul‐de‐sacs shall be allowed up to 800 linear feet in length.
10. Improvements recommended by the NCDOT shall be constructed per NCDOT
final requirements.
11. A voluntary 20’ public greenway easement shall be provided in the general
vicinity of Poorhouse Creek to allow for the future development of said
greenway by the Town of Lillington.
12. No curb and gutter shall be required outside site boundary and along any
perimeter streets. Existing swales shall be utilized or relocated as necessary for
any NCDOT required improvements. The developer shall have the option of
installing curb and gutter, if needed, to facilitate drainage or site development.
13. Offsite Pedestrian Improvements
a. 10’ sidepath along east side of Shawtown Road along site frontage only.
b. 5’ sidewalk along south side of W Old Road along site frontage east of
Shawtown Road.
c. 10’ sidepath along south side of W Old Road along site frontage west of
Shawtown Road.
d. 5’ Sidewalk along south side of NC 27 W along site frontage only.
e. Elimination of the greenway along poorhouse creek as shown on Town of
Lillington Pedestrian Plan due to significant impacts to environmentally
sensitive areas.
Townhome Architectural Conditions
1. End units facing a public ROW must include a minimum of two (2) windows.
2. Façade Treatment: May include a mix of siding types including lap siding, board
& batten, shake, stone, or brick. Each unit shall include a minimum of two (2) of
these elements.
3. All townhomes will have an enclosed garage. Garage doors shall be painted to
complement the house trim or siding color and contain either windows,
decorate details, or carriage style adornments.
4. A varied color palette shall be utilized on homes throughout the subdivision to
include a minimum of three (3) color families for siding and may include varied
trim, shutter, and accent colors complementing the siding color.
5. All homes will have architectural shingles as the primary roof material.
6. In order to promote variation in home appearance, no home shall be
constructed with either an exterior elevation (front façade) or color palette that
is identical to any home on either side of the same unit.
7. Driveway widths may exceed 50% of the total property frontage and can be
located within 2’ of a side lot line for townhome lots.
8. 30” valley gutters can be used for townhome lots given the minimal lot width
and spacing between driveways.
Conditions as Requested by Town Staff:
1. There will be no parking within the Town maintained right-of-way. 2. Manufactured homes located on parcels and manufactured home park status will be removed upon approval of construction drawings.
3. Offsite sewer/utility easements must be secured before preliminary plans/construction drawings are submitted. Approval of the conceptual zoning plan does not guarantee capacity related to utilities.
4. Unit count will be dictated by the site-specific plan as supplied by the applicant at 351 units. Any
adjustment to this plan to increase lot count, or distribution of Townhome vs. Single Family Detached
home sites will require additional approval by the Board of Commissioners. Staff requests that item number one under site conditions as submitted within the voluntary conditions be stricken.
5. The project will comply with the recommendations of the Town adopted Harnett County
Comprehensive Transportation Plan and any other findings from NCDOT or the required Traffic Impact Analysis. 6. All other regulations within the Unified Development Ordinance, other adopted plans, or studies must be
followed unless specified within the agreed upon conditions.
Staff Evaluation: Recommended Approval The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the community: REASONING: The requested zoning assignment to Conditional District Residential Single Family, CD-RS10 Will Not have a negative impact on the community as it is similar in nature to existing uses within this area such as previously approved projects to the South of the Miller Property, and existing lots that border the project.
The requested zoning assignment is compatible with the existing Land Use Classification: REASONING: The requested zoning district Is Compatible with this area’s land use plan. The Towns land use classifications for this area are Single Family Residential, Greenway, and Linear Parks. What the applicant is proposing in this area fits with these descriptions based off voluntary conditions supplied, as well as the site-specific development plan.
The proposal does enhance or maintain the public health, safety and general welfare:
REASONING: The requested Zoning Assignment to Conditional District Residential Single Family, CD-RS10 Would Maintain or enhance the public health, safety, and general welfare due to area’s existing Single Family Residential and Agricultural land uses. Improvements to current transportation & utility infrastructures to accommodate the development will improve the Town’s overall networks.
Arnold Land Design, PLLC
113 Yosemite Court
Holly Springs, NC 27540
Arnold Land Design, PLLC
113 Yosemite Court / Holly Springs, North Carolina 27540 / (919) 630 ‐2552
January 3, 2024
Town of Lillington
102 East Front Street
Lillington, NC 27546
RE: Miller Farms – Conditions of Approval
Dear Sir/Madam:
We wish to request a conditional rezoning for the Miller Farms subdivision. It is
requested that the proposed property be rezoned from RS‐20 to RS10‐CD.
The following conditions shall be applied to the proposed rezoning for the Miller Farms
Subdivision:
The following cluster development option conditions have been applied to the
preliminary site plan for the Miller Farms Subdivision:
Site Conditions
1. Per UDO 5.13.4.A, the maximum number of homes allowed (5 units/acre in base
zoning) is 619 lots. This subdivision shall have a maximum of 400 lots.
2. Per UDO 5.13.4.B, there is no minimum lot size for a single‐family cluster
subdivision. This project proposes a minimum lot size of 4,500 sf.
3. Per UDO 5.13.3, a minimum open space area required for a cluster subdivision is
20%.
4. Per UDO 5.13.5 the minimum lot frontage and building setbacks for an R‐10
district may be reduced by 25% for a cluster development.
Single Family Home Lots
RS‐10 Base Zoning Requested
Lot Width 50 ft 40 ft
Front Setback 20 ft 15 ft
Rear Setback 25 ft 20 ft
Side Setback 8 ft 6 ft
Side Street Setback 20 ft 15 ft
Conditions of Approval January 3, 2024
Miller Farms Page 2 of 3
Arnold Land Design, PLLC
113 Yosemite Court / Holly Springs, North Carolina 27540 / (919) 630 ‐2552
Townhome Lots
Minimum Lot Area 1,800 sf
Minimum Lot Width 20 ft
Front Setback 20 ft
Side Setback 0’
Rear Setback 10’
Side Street Setback 10’
5. Street network shall be as shown on preliminary site plan.
6. Parking
a. Single Family: Each single family residence will have at least (2) paved
parking spaces. The spaces will either be within an enclosed garage,
driveway, or as designated parking pad.
b. Townhome: Each townhome has adequate setback to park a car in front
of the garage and (1) inside the garage (for single garage units).
Additional visitor parking will be provided at a rate of 1 space / 4
townhome units.
7. On the eastern tract, two access points shall be provided with no connection to
West Old Road due to existing railroad easement.
8. Street sections for subdivision shall provide a 52’ ROW and 27’ B‐B section.
9. Cul‐de‐sacs shall be allowed up to 800 linear feet in length.
10. Improvements recommended by the NCDOT shall be constructed per NCDOT
final requirements.
11. A voluntary 20’ public greenway easement shall be provided in the general
vicinity of Poorhouse Creek to allow for the future development of said
greenway by the Town of Lillington.
12. No curb and gutter shall be required outside site boundary and along any
perimeter streets. Existing swales shall be utilized or relocated as necessary for
any NCDOT required improvements. The developer shall have the option of
installing curb and gutter, if needed, to facilitate drainage or site development.
13. Offsite Pedestrian Improvements
a. 10’ sidepath along east side of Shawtown Road along site frontage only.
b. 5’ sidewalk along south side of W Old Road along site frontage east of
Shawtown Road.
c. 10’ sidepath along south side of W Old Road along site frontage west of
Shawtown Road.
d. 5’ Sidewalk along south side of NC 27 W along site frontage only.
e. Elimination of the greenway along poorhouse creek as shown on Town of
Lillington Pedestrian Plan due to significant impacts to environmentally
sensitive areas.
Conditions of Approval January 3, 2024
Miller Farms Page 3 of 3
Arnold Land Design, PLLC
113 Yosemite Court / Holly Springs, North Carolina 27540 / (919) 630 ‐2552
Townhome Architectural Conditions
1. End units facing a public ROW must include a minimum of two (2) windows.
2. Façade Treatment: May include a mix of siding types including lap siding, board
& batten, shake, stone, or brick. Each unit shall include a minimum of two (2) of
these elements.
3. All townhomes will have an enclosed garage. Garage doors shall be painted to
complement the house trim or siding color and contain either windows,
decorate details, or carriage style adornments.
4. A varied color palette shall be utilized on homes throughout the subdivision to
include a minimum of three (3) color families for siding and may include varied
trim, shutter, and accent colors complementing the siding color.
5. All homes will have architectural shingles as the primary roof material.
6. In order to promote variation in home appearance, no home shall be
constructed with either an exterior elevation (front façade) or color palette that
is identical to any home on either side of the same unit.
7. Driveway widths may exceed 50% of the total property frontage and can be
located within 2’ of a side lot line for townhome lots.
8. 30” valley gutters can be used for townhome lots given the minimal lot width
and spacing between driveways.
Please let me know if you have any questions and/or require any additional information.
Sincerely,
Arnold Land Design, PLLC
David Arnold, PE
(919) 630‐2552
arnoldlanddesign@gmail.com
Amenities shown are for reference only and indicate possibilities of what park areas will be comprised of.
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
ORDINANCE FY2024-13
AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY DARLEEN & TELFORD MILLER 123.85 ACRES PIN#’S: 0559-17-5176.000, 0559-18-7271.000, & 0559-28-4150.000 RESIDENTIAL SINGLE FAMILY, RS20 & NEIGHBORHOOD BUSINESS, NB TO CONDITIONAL DISTRICT RESIDENTIAL SINGLE FAMILY, CD-RS10
WHEREAS, a petition has been received from Darleen & Telford Miller to rezone 123.85-acres from Residential Single Family, RS20 & Neighborhood Business, NB to Conditional District Residential
Single Family, CD-RS20; and WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a Regular
meeting on March 12, 2024 with members of the public soliciting input on the matter. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that:
Section 1. The Zoning Ordinance of the Town of Lillington is amended to change the following area from Residential Single Family, RS20 & Neighborhood Business, NB to Conditional District Residential Single Family, CD-RS10 and to amend the Lillington Zoning Map to show the area change:
Being All That Certain Parcel(S), Situated In Lillington, Harnett County, North Carolina, Being
Known As Pid# 100549 0153 (Pin: 0559-17-5176.000) , Harnett County Record, And Being More Particularly Described As Follows: Beginning At A 1/5” Bent Existing Iron Rebar Found On A Northern Property Corner Of Ollie Lee Milton & Rebecca B. Milton (Pin: 0559-36-1335.000, Db 1407, Pg 670) And A South-Eastern Property Corner Of Darlene Miller & Telford A. Miller Jr. (Pin: 0559-17-5176.000, Db. 4191 Pg .1573, Plat Cab. 1, Slide 138) And Being Designated As The Point Of Beginning As Shown On Map
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Made By Bateman Civil Survey Company, Dated 05/16/2023 And Entitled “Contiguous Annexation Plat Exclusively For Ashton Woods” And Running The Following Calls:
South 89°37'46" West A Distance Of 1,043.69’ To A 3/4" Iron Pipe Set; Thence North 86°37'29" West A Distance Of 182.58’ To A 1/5” Existing Iron Pipe; Thence South 59°30'57" West A Distance Of 47.00’ To A 1/5” Existing Iron Pipe; Thence North 36°50'50" West A Distance Of 150.52’ To A 3/4" Iron Pipe Set; Thence North 46°55'27" West A Distance Of 232.87’ To A Computed Point, Said Point Being On The Eastern Right Of Way Of Shawtown Road (Sr 1133), Thence, Crossing Said Right Of Way, North 65°06'33" West A Distance Of 60.00’ To A Computed Point On The Western Right Of Way Of Shawtown Road; Thence, Along Shawtown Road, South 25°07'37" West A Distance Of 213.52’ To A Computed Point On The Western Right Of Way Of Shawtown Road;
Thence South 26°32'58" West A Distance Of 191.61’ To A Computed Point On The Western Right Of Way Of Shawtown Road; Thence South 30°06'14" West A Distance Of 156.87’ To An I-Beam On The Western Right Of Way
Of Shawtown Road; Thence, Leaving Said Right Of Way, North 58°13'09" West A Distance Of 432.88’ To A 1-1/4” Existing Iron Pipe At The Northern Property Corner Of Lucille Harrington (Pin: 0559-16-0313.000,
Db. 734, Pg. 570), Said Iron Pipe Being A Control Corner With State Plane Coordinates N: 593,509.21’ And E: 2,020,853.76’ (Nad 83 / Nsrs 2011 / Spc); Thence South 31°48'05" West A Distance Of 200.43’ To A 1/2” Existing Iron Pipe; Thence South 31°48'05" West A Distance Of 110.99’ To A 3/4” Iron Pipe Set; Thence North 59°48'30" West A Distance Of 1,531.98’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Along Said Right Of Way, North 51°27'03" East A Distance Of 929.39’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Continuing Aling Said Right Of Way, North 51°36'25" East A Distance Of 796.02’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Continuing Aling Said Right Of Way, North 51°46'25" East A Distance Of 366.95’ To A
Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Continuing Aling Said Right Of Way, North 56°14'39" East A Distance Of 59.47’ To A Computed Point On The Eastern Right Of Way Of Nc-27 W; Thence, Leaving Nc-27 W, South 01°40'44" West A Distance Of 51.62’ To A Computed Point, Said Point Being The Southwest Property Corner Of Victoria B. Currin (Pin: 0559-18-1332.000, Db 3991, Pg 389);
Thence South 77°54'49" East A Distance Of 126.07’ To A 3/4” Iron Pipe Set; Thence South 81°00'22" East A Distance Of 126.97’ To A 3/4” Iron Pipe Set; Thence South 77°57'46" East A Distance Of 156.05’ To A 1-1/4” Existing Iron Pipe; Thence South 10°36'13" West A Distance Of 52.07’ To A Computed Point; Thence South 79°13'44" East A Distance Of 558.12’ To A Computed Point On The Western Right Of Way Of Shawtown Road (Sr 1133), Said Point Being The Southeast Property Corner Of Darlene Miller & Telford A. Miller Jr (Pin: 0559-18-7271.000, Db 4191, Pg 1573) Thence, Crossing Shawtown Road, South 79°13'44" East A Distance Of 60.49’ To A Computed Point, Said Point Being The Southwest Property Corner Of Darlene Miller & Telford A. Miller Jr. (Pin: 0559-28-4150.000, Db 4191, Pg 1573); Thence South 79°13'44" East A Distance Of 986.46’ To A Computed Point Said Point Being The
Southeast Property Corner Of Darlene Miller & Telford A. Miller Jr (Pin: 0559-28-4150.000, Db 4191, Pg 1573); Thence South 17°34'48" West A Distance Of 33.52’ To A 3” Existing Iron Pipe; Thence South 77°33'31" East A Distance Of 150.05’ To A 2” Existing Iron Pipe;
Town of Lillington | 3
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
Thence South 19°23'35" West A Distance Of 33.83’ To 1” Existing Iron Rebar; Thence South 77°17'51" East A Distance Of 263.50’ To 1/2" Existing Iron Rebar, Said Rebar Being
A Control Corner With North Carolina State Plane Coordinates N: 597,712.96’ And E: 2,053,403.16’ (Nad 83 / Nsrs 2011 / Spc); Thence South 18°06'36" West A Distance Of 929.70’ To A 1/2" Existing Iron Rebar; Thence South 73°30'26" East A Distance Of 420.03’ To A ½” Existing Iron Rebar; Thence South 04°35'37" East A Distance Of 74.03’ To A 3/4” Iron Pipe Set; Thence South 73°17'16" West A Distance Of 287.10’ To A 3/4” Iron Pipe Set; Thence South 73°17'16" West A Distance Of 198.27’ To A 1/5” Bent Existing Iron Rebar, Said Rebar Being The Point And Place Of Beginning. Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby repealed. Section 3. This Ordinance Amendment shall be effective immediately upon adoption with the following conditions: Site Conditions
1. Per UDO 5.13.4.A, the maximum number of homes allowed (5 units/acre in base zoning) is 619 lots. This subdivision shall have a maximum of 400 lots. 2. Per UDO 5.13.4.B, there is no minimum lot size for a single‐family cluster subdivision. This project proposes a minimum lot size of 4,500 sf. 3. Per UDO 5.13.3, a minimum open space area required for a cluster subdivision is 20% 4. 4. Per UDO 5.13.5 the minimum lot frontage and building setbacks for an R‐10 district may be reduced by 25% for a cluster development. Single Family Home Lots RS‐10 Base Zoning Requested Lot Width - 50 ft 40 ft
Front Setback - 20 ft 15 ft Rear Setback - 25 ft 20 ft Side Setback - 8 ft 6 ft Side Street Setback - 20 ft 15 ft Townhome Lots
Minimum Lot Area 1,800 sf Minimum Lot Width 20 ft Front Setback 20 ft Side Setback 0’ Rear Setback 10’ Side Street Setback 10’ 5. Street network shall be as shown on preliminary site plan.
6. Parking a. Single Family: Each single family residence will have at least (2) paved parking spaces. The spaces will either be within an enclosed garage,
driveway, or as designated parking pad. b. Townhome: Each townhome has adequate setback to park a car in front of the garage and (1) inside the garage (for single garage units). Additional visitor parking will be provided at a rate of 1 space / 4
Town of Lillington | 4
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
townhome units.
7. On the eastern tract, two access points shall be provided with no connection to West Old Road due to existing railroad easement. 8. Street sections for subdivision shall provide a 52’ ROW and 27’ B‐B section. 9. Cul‐de‐sacs shall be allowed up to 800 linear feet in length. 10. Improvements recommended by the NCDOT shall be constructed per NCDOT final requirements. 11. A voluntary 20’ public greenway easement shall be provided in the general
vicinity of Poorhouse Creek to allow for the future development of said greenway by the Town of Lillington.
12. No curb and gutter shall be required outside site boundary and along any perimeter streets. Existing swales shall be utilized or relocated as necessary for any NCDOT required improvements. The developer shall have the option of
installing curb and gutter, if needed, to facilitate drainage or site development. 13. Offsite Pedestrian Improvements a. 10’ sidepath along east side of Shawtown Road along site frontage only. b. 5’ sidewalk along south side of W Old Road along site frontage east of Shawtown Road. c. 10’ sidepath along south side of W Old Road along site frontage west of Shawtown Road. d. 5’ Sidewalk along south side of NC 27 W along site frontage only. e. Elimination of the greenway along poorhouse creek as shown on Town of Lillington Pedestrian Plan due to significant impacts to environmentally
sensitive areas. Townhome Architectural Conditions 1. End units facing a public ROW must include a minimum of two (2) windows. 2. Façade Treatment: May include a mix of siding types including lap siding, board
& batten, shake, stone, or brick. Each unit shall include a minimum of two (2) of these elements. 3. All townhomes will have an enclosed garage. Garage doors shall be painted to complement the house trim or siding color and contain either windows, decorate details, or carriage style adornments. 4. A varied color palette shall be utilized on homes throughout the subdivision to include a minimum of three (3) color families for siding and may include varied trim, shutter, and accent colors complementing the siding color.
5. All homes will have architectural shingles as the primary roof material. 6. In order to promote variation in home appearance, no home shall be constructed with either an exterior elevation (front façade) or color palette that
Town of Lillington | 5
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
is identical to any home on either side of the same unit.
7. Driveway widths may exceed 50% of the total property frontage and can belocated within 2’ of a side lot line for townhome lots.
8. 30” valley gutters can be used for townhome lots given the minimal lot widthand spacing between driveways.
Conditions as Requested by Town Staff:
1. There will be no parking within the Town maintained right-of-way.
2.Manufactured homes located on parcels and manufactured home park status will be removed
upon approval of construction drawings.
3.Offsite sewer/utility easements must be secured before preliminary plans/construction
drawings are submitted. Approval of the conceptual zoning plan does not guarantee capacityrelated to utilities.
4.Unit count will be dictated by the site-specific plan as supplied by the applicant at 351 units.Any adjustment to this plan to increase lot count, or distribution of Townhome vs. SingleFamily Detached home sites will require additional approval by the Board of Commissioners.Staff requests that item number one under site conditions as submitted within the voluntaryconditions be stricken.
5.The project will comply with the recommendations of the Town adopted Harnett CountyComprehensive Transportation Plan and any other findings from NCDOT or the requiredTraffic Impact Analysis.
6.All other regulations within the Unified Development Ordinance, other adopted plans, or
studies must be followed unless specified within the agreed upon conditions.
Adopted this 12th day of March, 2024
__________________________ Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Landon Chandler, Planning Director
AGENDA ITEM
Public Hearing on Consideration of a Rezoning Request from Light Industrial, LI to Residential Single Family, RS10 for 2 tracts totaling 1.52 acres. PIN#’s 0559-77-9488.000 & 0559-87-0476.000
ITEM SUMMARY
Consideration of Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance from Light Industrial, LI to Residential Single Family, RS10 for 2 tracts totaling 1.52 acres. PIN#’s 0559-77-9488.000 & 0559-87-0476.000
RECOMMENDED ACTION Approve Ordinance Amending the Town of Lillington Zoning Ordinance from Light Industrial, LI to Residential Single Family, RS10 for 2 tracts totaling 1.52 acres. PIN#’s 0559-77-9488.000 & 0559-87-0476.000
Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to Residential Single Family, RS10 is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area. Therefore, the ordinance for the zoning
assignment request be Approved.
The requested zoning assignment to Residential Single Family, RS10 is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable
impact on the surrounding community, but would also fail to enhance the public health,
safety, and general welfare as stated in the evaluation. Therefore, the ordinance for the zoning assignment request be Denied.
AGENDA ITEM #11-11A
ZONING ASSIGNMENT STAFF REPORT
CASE NUMBER: RZ-24-02 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org
Planning Board: February 19, 2024 Town Commissioners: March 12, 2024
To Rezone two parcels totaling approximately 1.52-acres located as pictured below. Applicant is proposing a Residential Single Family, RS10 District. Current Zoning on site is Light Industrial (LI). This is a straight
zoning request.
Applicant Information
Owner of Record: Applicant:
Name: Jonathon Bethune Name: Moss Home Builders & Reality, INC.
Address: 3032 US 401 S. Address: PO Box 577 / 149 Summerville Ct.
City/State/Zip: Lillington, NC 27546 City/State/Zip: Lillington, NC 27546
Property Description
PIN(s): 0559-77-9488.000 & 0559-87-0476.000 Acreage: 1.52 Total
Address/SR No.: 907 & 911 E. McNeill St.
Vicinity Map
Physical Characteristics and Existing Land Uses
Site Description: Site is currently a residentially used tract. The 1.52-acre assemblage of land has access to
Town of Lillington Water and Sewer. The surrounding land uses are Single Family Residential, Commercial, Institutional, Industrial, and previously approved projects immediately adjacent. In 2011 these parcels were rezoned from RS10 to Light Industrial. The owner at that time wanted to put a car lot from what we can see from the rezoning application. The future owner is asking for it to be zoned again for the uses listed in the RS10
district. This would primarily provide the ability to build homesites on the property.
Services Available Water: Sewer: Other:
Public (Town Of Lillington) ☒ Public (Town of Lillington)
☐ Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☐ Other (Unverified) ☐ Other: (Unverified)
Other: A potential connection may be made however; no guarantees are expressed as it relates to capacity if this zoning proposal is approved. No technical review has been performed on this project, and all other non-specified items will have to meet the Town of Lillington Unified Development Ordinance.
Staff Evaluation: Recommended Approval The impact to the adjacent property owners and the surrounding community is reasonable, and the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the community: REASONING: The requested zoning assignment to Single Family, RS10 Will Not have a negative impact on the community as it is similar in nature to existing uses within this area such as previously approved projects adjacent, and existing lots that border the project.
The requested zoning assignment is compatible with the existing Land Use Classification:
REASONING: The requested zoning district Is Compatible with this area’s land use plan. The Towns land
use classifications for this area are Single Family Residential. What the applicant is proposing in this area fits with these descriptions based off of all regulatory documents. The proposal does enhance or maintain the public health, safety and general welfare:
REASONING: The requested rezoning to Single Family, CD-RS10 Would Maintain or enhance the public
health, safety, and general welfare. The uses allowed in the proposed district are less intense than most light
industrial uses that could be placed on the lot, and potentially decreases large scale traffic impacts.
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
ORDINANCE FY2024-14 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY JONATHAN BETHUNE
.76 ACRES PIN#: 0559-77-9488.000 & .76 ACRE PIN#: 0559-87-0476.000 LIGHT INDUSTRIAL, LI TO RESIDENTIAL SINGLE FAMILY, RS10
WHEREAS, a petition has been received from Jonathan Bethune to rezone 1.52-acres from Light Industrial, LI to Residential Single Family, RS10; and WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a
Regular meeting on March 12, 2024 with members of the public soliciting input on the matter. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that: Section 1. The Zoning Ordinance of the Town of Lillington is amended to change the following area from Light Industrial, LI to Residential Single Family, RS10 and to amend the Lillington Zoning Map to show the area change:
TRACT 1
BEGINNING at a stake in the center line of the ditch that crosses State Highway from Lillington to State Prison Camp, formerly Lillington to Dunn Highway, and in the Northern margin of said highway the same being North 13 degrees 30 minutes East 30 feet from the center of said State Highway and in the line
between WR Cranford and Reid Ross land and runs thence North 13 degrees 30
minutes East 330 feet with the center line of said ditch and line between WR Cranford and Reid Ross to a stake and comer in said ditch between WR Cranford and Reid Ross; thence North 17 degrees 30 minutes West 100 feet and parallel with said State Highway to a new stake comer; thence South 13 degrees 30
minutes West 330 feet parallel with said first line and ditch to a new stake comer
in the Northern margin of said State Highway; thence with the Northern margin of
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
said State Highway South 76 degrees 30 minutes East 100 feet to the BEGINNING, containing 76/100 acres, more or less. Same being described in
Book 5 l 8, page l 09 of the Hamett County Registry.
TRACT II BEGINNING at an iron stake in the Northern margin of the right of way of the State Highway leading from Lillington to State Prison Farm; said Highway being
designated as State Road 2016, said stake being located North 76 degrees 30
minutes West 130 feet from a nail and cap marking the intersection of the Northern margin of the right of way of State Road 2016 with State Road 2063, the same being the Southwest comer of Lewis Stewart lot, and runs thence with the line of said Stewart lot, North 13 degrees 30 minutes East 330 feet to an iron stake
comer with said Stewart; thence North 76 degrees 30 minutes West 100 feet to an
iron stake comer with Turlington lot; thence South 13 degrees 30 minutes West 300 feet with Turlington line to Northern margin of the right of way of said Lillington to Prison Camp Highway (SR 2016), an iron stake comer; thence with the Northern margin of the right of way of said highway, South 76 degrees 30
minutes East l 00 feet to the BEGINNING, containing 76/100 acres, more or less.
Being the same property described in Book 591, page 320 of the Harnett County Registry.
Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby
repealed.
Section 3. This Ordinance Amendment shall be effective immediately upon adoption.
Adopted this 12th day of March 2024
__________________________ Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Landon Chandler, Planning Director
AGENDA ITEM
Public Hearing on Consideration of a Rezoning Request from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS10 for a .56-acre tract. PIN#: 0559-05-1500.000 ITEM SUMMARY
Consideration of Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS10 for a .56-acre tract. PIN#: 0559-05-1500.000 RECOMMENDED ACTION
Approve Ordinance Amending the Town of Lillington Zoning Ordinance from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS10 for a .56-acre tract. PIN#: 0559-05-1500.000 Suggested Statement of Consistency
As stated in the evaluation, the requested zoning assignment to Conditional District Residential Single Family, CD- RS10 is compatible with Town of Lillington regulatory documents and would not have an unreasonable impact on the surrounding community based on the uses in this area as well as the Town’s Land Use Plan designation for this area.
Therefore, the ordinance for the zoning assignment request be Approved.
The requested zoning assignment to Conditional District Residential Single Family, CD-RS10 is not compatible with Town of Lillington regulatory documents and would not only have an unreasonable impact on the surrounding community, but would also fail to enhance
the public health, safety, and general welfare as stated in the evaluation. Therefore, the
ordinance for the zoning assignment request be Denied.
AGENDA ITEM #12-12A
ZONING ASSIGNMENT STAFF REPORT
CASE NUMBER: RZ-24-03 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org
Planning Board: February 19, 2024 Town Commissioners: March 12, 2024
To Rezone a parcel totaling approximately .56-acres located as pictured below. Applicant is proposing a Conditional District Residential Single Family, CD-RS10 with voluntary conditions as shown on the site
plan. Current Zoning on site is RS20
Applicant Information
Owner of Record: Applicant:
Name: SLW Trust Name: Same as Owner
Address: PO BOX 2078 Address:
City/State/Zip: Lillington, NC 27546 City/State/Zip:
Property Description
PIN(s): 0559-05-1500.000 Acreage: .56
Address/SR No.: 337 Bailey Way
Vicinity Map
Physical Characteristics and Existing Land Uses Site Description: Site is currently a residentially used tract on Bailey Way Rd. The .56-acre parcel of land has
access to Town of Lillington Water and Sewer. The surrounding land uses are mainly Single Family Residential
homes with large scale subdivision projects within the vicinity.
Land Use - Single Family Residential
Services Available Water: Sewer: Other:
Public (Town Of Lillington) ☒ Public (Town of Lillington)
☐ Public (Harnett County) ☐ Private (Septic) ☐ Private (Well) ☐ Other (Unverified) ☐ Other: (Unverified) Other: A potential connection may be made however; no guarantees are expressed as it relates to capacity if this zoning
proposal is approved. No technical review has been performed on this project, and all other non-specified items will have to meet the Town of Lillington Unified Development Ordinance.
Conditional Districts:
• Conditional Districts are districts with conditions voluntarily added only in response to a petition by the
owner of all the property to be included in such district. In accordance with NCGS 160A-382, specific conditions applicable to these districts may be proposed by the applicant or Town but only those conditions mutually approved by the Town and the applicant may be incorporated into the Conditional District zoning.
• Conditional Districts provide for orderly and flexible development under the general policies of this ordinance without the constraints of some of the prescribed standards guiding by-right development. Because Conditional District developments are constructed in a comprehensive manner, they may establish their own building, street, block, and lot pattern which may be unique from other surrounding
blocks or neighborhoods. Conditional Districts may be used in any district but is not intended to relieve hardships that would otherwise be handled using a variance procedure.
• In addition to modification of specific district provisions (except use), the various provisions detailed in this Article may be varied if specifically requested by the petitioner as part of a Conditional District application with exception to the following:
Article Title Exception to Modification
2 Zoning and District Provisions Uses permitted may not be added unless the use proposed is not currently defined or contemplated by the Code. Permitted uses may be removed from the petition.
6 Subdivisions & Infrastructure May substitute dedication of public open space for payment-in-lieu per Board of Commissioners approval. Except in areas identified on the Land
Use Plan map as public greenways and linear parks. Amount required may not be reduced.
• Upon the approval of the petition for a Conditional District, the subject property shall be identified on the Official Zoning Map by the appropriate district designation. A parallel conditional zoning designation shall be identified with the underlying general district letters "CD” (example CD-RS20).
Proposed Zoning:
The applicant is proposing a Conditional RS10 Zoning District with plans of placing a one duplex unit on-site
with the following voluntary conditions: 1. The applicant would like to construct the duplex according to the plot plan & elevations as submitted.
Conditions as Requested by Town Staff: 1. The driveway shall be constructed with an all-weather material and parking spaces will be provided such that all vehicles are contained on-site. 2. All other regulations within the Unified Development Ordinance, other adopted plans, or studies must be followed unless specified within the agreed upon conditions.
Staff Evaluation: Recommended Approval
The impact to the adjacent property owners and the surrounding community is reasonable, and
the benefits of the Zoning Assignment outweigh any potential inconvenience or harm to the
community:
REASONING: The requested zoning assignment to Conditional District Residential Single Family, CD-RS10
Will Not have a negative impact on the community as it is similar in nature to proposed uses such as previously
approved subdivision projects within the vicinity. The requested zoning assignment is compatible with the existing Land Use Classification: REASONING: The requested zoning district Is Compatible with this area’s land use plan. The Towns land use classifications for this area are Single Family Residential. What the applicant is proposing in this area fits with these descriptions based off voluntary conditions supplied, as well as the site-specific development plan.
The proposal does enhance or maintain the public health, safety and general welfare: REASONING: The requested Zoning Assignment to Conditional District Residential Single Family, CD-RS10 Would Maintain or enhance the public health, safety, and general welfare due to area’s existing Single Family Residential land uses. The applicant has removed a dilapidated structure that was an issue for the community. Therefore, the potential of redevelopment of the parcel enhances safety, health, and general
welfare.
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
ORDINANCE FY2024-15 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY SLW TRUST
.56 ACRES PIN#: 0559-05-1500.00 RESIDENTIAL SINGLE FAMILY, RS20 TO CONDITIONAL DISTRICT RESIDENTIAL SINGLE FAMILY, CD-RS20
WHEREAS, a petition has been received from SLW Trust to rezone .56-acres from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS20; and WHEREAS, the required newspaper notices have been given, adjacent property owners notified, the recommendation from the Lillington Planning Board received, and a public hearing held at a
Regular meeting on March 12, 2024 with members of the public soliciting input on the matter. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL of the Town of Lillington that: Section 1. The Zoning Ordinance of the Town of Lillington is amended to change the following area from Residential Single Family, RS20 to Conditional District Residential Single Family, CD-RS20 and to amend the Lillington Zoning Map to show the area change:
BEGINNING at a set iron pin in the northern margin of SR #1137, same being the
southwest comer of the Marshall Patterson tract, Book 535, Page 96, Hamett County Registry, and running thence along the northern margin of SR #1137 the following courses and distances: North 57 deg. 18 min. 50 sec. West 65.83 feet, North 56 deg. 38 min. 55 sec. West 100 feet to a set iron pin, North 48 deg. 18
min. 40 sec. West 100 feet to a set iron pin, and North 41 deg. 13 min. 15 sec.
West 91.34 feet; thence North 24 deg. 06 min. 07 sec. East 37.98 feet to a found iron stake; thence South 56 deg. 39 min. 40 sec. East 59.46 feet to a found iron pin; thence South 57 deg. 03 min. 15 sec. East 309.87 feet to a found iron pin, comer with Mashall Patterson; thence with Patterson South 40 deg. 55 min. 55
sec. West 78.76 feet to the BEGINNING and being 0.569 acres as shown on a
survey by Piedmont Surveying dated April 15, 1983. For further reference: The
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
above-described parcel is shown as an adjoining property to Lot 13 and Lot 14 on Boundary and Easement Survey For: "Hamett County" on Map Book 2014, Page
40, Hamett County Registry.
The property hereinabove described being the same property acquired by previous owner, Lincoln Blanding, in Book 755, Page 560, Hamett County Registry.
Section 2. All laws and clauses in conflict with this Ordinance Amendment are hereby
repealed.
Section 3. This Ordinance Amendment shall be effective immediately upon adoption with the following conditions: 1. The driveway shall be constructed with an all-weather material and parking spaces will
be provided such that all vehicles are contained on-site.
2. All other regulations within the Unified Development Ordinance, other adopted plans, orstudies must be followed unless specified within the agreed upon conditions.
Adopted this 12th day of March 2024
__________________________ Glenn McFadden, Mayor
Attest:
__________________________
Lindsey B. Lucas, Town Clerk
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Landon Chandler, Planning Director
AGENDA ITEM
Public Hearing on Consideration of Text Amendment to Article X of the Lillington Unified Development Ordinance
ITEM SUMMARY Consideration of Approval of the Text Amendment to Article X of the Lillington Unified
Development Ordinance
RECOMMENDED ACTION Approve Text Amendment to Article X of the Lillington Unified Development Ordinance
as presented.
AGENDA ITEM #13-13A
Text Amendments Summary:
Ar�cle X Defini�ons and interpreta�ons:
We are adding Tobacco & Vape Shops to uses defined as “Personal Care Services Restricted”:
Article X
The Planning Department was asked to consider moving this par�cular use to a more restricted level.
There is poten�al for adverse impact with other similar retail uses has been evaluated and it is my
conclusion that defining this use differently is warranted.
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
TOWN OF LILLINGTON
ORDINANCE FY2024-06
AN ORDINANCE TO AMEND THE LILLINGTON UNIFIED
DEVELOPMENT ORDINANCE
WHEREAS, the Board of Commissioners of the Town of Lillington may enact ordinances to protect
the health, safety, and welfare of its citizens under the North Carolina General Statutes
§160A-174; and
BE IT ORDAINED, by the Governing Board of the Town of Lillington, North Carolina, that
Lillington Unified Development Ordinance is amended as follows:
ARTICLE X. DEFINITIONS AND INTERPRETATIONS
SECTION 10.03 DEFINITIONS (GENERAL) As used in the UDO, the following terms shall have the meanings assigned to them in this section. When one or more defined terms are used together, their meanings shall also be combined as the context shall require or permit. All
terms not specifically defined shall carry their usual and customary meanings. Undefined terms indigenous to a trade, industry or profession shall be defined when used in such context in accordance with their usual and customary understanding in the trade, industry or profession to which they apply.
PERSONAL CARE SERVICES (RESTRICTED). A personal service establishment that may
tend to have a blighting and/or deteriorating effect upon surrounding areas and that may need to
be dispersed from other similar uses to minimize its adverse impacts, including check-cashing
services and tattooing, piercing, tobacco & vape stores, and similar services. These uses may also
include accessory retail sales of products related to the services provided.
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed.
Adopted this 12th day of March, 2024
__________________________ Glenn McFadden, Mayor
Attest:
Lindsey B. Lucas, Town Clerk
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
AGENDA ITEM
Consideration of Resolution Directing the Town Clerk to Investigate a Contiguous Satellite
Annexation Petition Received Under General Statue §160A-31 from Capeton, LLC.
ITEM SUMMARY
A petition for annexation for property identified as PIN #:0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000 and 0660-73-5319.000 submitted in accordance with § 160A-31 by property owner on February 28, 2024.
§ 160A-31. Annexation by petition. (a) The governing board of any municipality may annex by ordinance any area contiguous to its boundaries upon presentation to the governing board of a petition signed by the owners of all the real property located within such area. The petition shall be signed by each owner of real property in the area and shall contain the address of each such owner.
(b) The petition shall be prepared in substantially the following form: DATE: To the _____________ (name of governing board) of the (City or Town) of ____________ 1. We the undersigned owners of real property respectfully request that the area described in paragraph 2 below be annexed to the (City or Town) of _________
2. The area to be annexed is contiguous to the (City or Town) of _________ and the boundaries of such territory are as follows: (b1) Notwithstanding the provisions of subsections (a) and (b) of this section, if fifty-one percent (51%) of the households in an area petitioning for annexation pursuant to this section have incomes that are two hundred percent (200%) or less than the most recently published United
States Census Bureau poverty thresholds, the governing board of any municipality shall annex by ordinance any area the population of which is no more than ten percent (10%) of that of the municipality and one-eighth of the aggregate external boundaries of which are contiguous to its boundaries, upon presentation to the governing board of a petition signed by the owners of at least seventy-five percent (75%) of the parcels of real property in that area. A municipality shall not be
required to adopt more than one ordinance under this subsection within a 36-month period. (b2) The petition under subsection (b1) of this section shall be prepared in substantially the following form: DATE:
To the ___________ (name of governing board) of the (City or Town) of ______________
AGENDA ITEM #14
1. We the undersigned owners of real property believe that the area described in paragraph 2 below meets the requirements of G.S. 160A-31(b1) and respectfully
request that the area described in paragraph 2 below be annexed to the (City or
Town) of _________. 2. The area to be annexed is contiguous to the (City or Town) of _________, and the boundaries of such territory are as follows: (c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the
municipality to investigate the sufficiency thereof and to certify the result of the investigation. For
petitions received under subsection (b1) or (j) of this section, the clerk shall receive the evidence provided under subsection (l) of this section before certifying the sufficiency of the petition. Upon receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a
newspaper having general circulation in the municipality at least 10 days prior to the date of the
public hearing; provided, if there be no such paper, the governing board shall have notices posted in three or more public places within the area to be annexed and three or more public places within the municipality. (d) At the public hearing persons resident or owning property in the area described in the
petition and persons resident or owning property in the municipality shall be given an opportunity
to be heard. The governing board shall then determine whether the petition meets the requirements of this section. Upon a finding that the petition that was not submitted under subsection (b1) or (j) of this section meets the requirements of this section, the governing board shall have authority to pass an ordinance annexing the territory described in the petition. The governing board shall have
authority to make the annexing ordinance effective immediately or on the June 30 after the date of
the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance. (d1) Upon a finding that a petition submitted under subsection (j) of this section meets the requirements of this section, the governing body shall have the authority to adopt an annexation
ordinance for the area with an effective date no later than 24 months after the adoption of the
ordinance. (d2) Upon a finding that a petition submitted under subsection (b1) of this section meets the requirements of this section, the governing body shall, within 60 days of the finding, estimate the capital cost to the municipality of extending water and sewer lines to all parcels within the area
covered by the petition and estimate the annual debt service payment that would be required if
those costs were financed by a 20-year revenue bond. If the estimated annual debt service payment is less than five percent (5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body shall within 30 days adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the
ordinance. If the estimated annual debt service payment is greater than or equal to five percent
(5%) of the municipality's annual water and sewer systems revenue for the most recent fiscal year, then the governing body may adopt a resolution declining to annex the area. If such a resolution is adopted, the governing body shall immediately submit a request to the Local Government Commission to certify that its estimate of the annual debt service payment is reasonable based on
established governmental accounting principles.
(1) If the Local Government Commission certifies the estimate, the municipality is not required to annex the area and no petition to annex the area may be submitted under subsection (b1) of this section for 36 months following the
certification. During the 36-month period, the municipality shall make ongoing, annual good faith efforts to secure Community Development Block Grants or
other grant funding for extending water and sewer service to all parcels in the
areas covered by the petition. If sufficient funding is secured so that the estimated capital cost to the municipality for extending water and sewer service, less the funds secured, would result in an annual debt service payment cost to the municipality of less than five percent (5%) of the municipality's annual
water and sewer systems revenue for the most recent fiscal year, then the
governing body shall within 30 days adopt an annexation ordinance for the area with an effective date no later than 24 months after the adoption of the ordinance. (2)If the Local Government Commission notifies the governing board that the
estimates are not reasonable based on established governmental accounting
principles and that a reasonable estimate of the annual debt service payment isless than five percent (5%) of the municipality's annual water and sewer systemsrevenue for the most recent fiscal year, then the governing body shall within 30days of the notification adopt an annexation ordinance for the area with an
effective date no later than 24 months after the adoption of the ordinance.
(d3) Municipal services shall be provided to an area annexed under subsections (b1) and (j) of this section in accordance with the requirements of Part 7 of this Article. (e)From and after the effective date of the annexation ordinance, the territory and itscitizens and property shall be subject to all debts, laws, ordinances and regulations in force in such
municipality and shall be entitled to the same privileges and benefits as other parts of such
municipality. Real and personal property in the newly annexed territory on the January 1 immediately preceding the beginning of the fiscal year in which the annexation becomes effective is subject to municipal taxes as provided in G.S. 160A-58.10. If the effective date of annexation falls between June 1 and June 30, and the effective date of the privilege license tax ordinance of
the annexing municipality is June 1, then businesses in the area to be annexed shall be liable for
taxes imposed in such ordinance from and after the effective date of annexation. (f)For purposes of this section, an area shall be deemed "contiguous" if, at the time thepetition is submitted, such area either abuts directly on the municipal boundary or is separated from the municipal boundary by the width of a street or street right-of-way, a creek or river, or the
right-of-way of a railroad or other public service corporation, lands owned by the municipality or
some other political subdivision, or lands owned by the State of North Carolina. A connecting corridor consisting solely of a street or street right-of-way may not be used to establish contiguity. In describing the area to be annexed in the annexation ordinance, the municipal governing board may include within the description any territory described in this subsection which separates the
municipal boundary from the area petitioning for annexation.
(g)The governing board may initiate annexation of contiguous property owned by themunicipality by adopting a resolution stating its intent to annex the property, in lieu of filing a petition. The resolution shall contain an adequate description of the property, state that the property is contiguous to the municipal boundaries and fix a date for a public hearing on the question of
annexation. Notice of the public hearing shall be published as provided in subsection (c) of this
section. The governing board may hold the public hearing and adopt the annexation ordinance as provided in subsection (d) of this section.
(h) A city council which receives a petition for annexation under this section may by ordinance require that the petitioners file a signed statement declaring whether or not vested rights
with respect to the properties subject to the petition have been established under G.S. 160A-385.1
or G.S. 153A-344.1. If the statement declares that such rights have been established, the city may require petitioners to provide proof of such rights. A statement which declares that no vested rights have been established under G.S. 160A-385.1 or G.S. 153A-344.1 shall be binding on the landowner and any such vested right shall be terminated.
(i) A municipality has no authority to adopt a resolution or petition itself under this Part
for annexation of property it does not own or have any legal interest in. For the purpose of this subsection, a municipality has no legal interest in a State-maintained street unless it owns the underlying fee and not just an easement. (j) Using the procedures under this section, the governing board of any municipality may
annex by ordinance any distressed area contiguous to its boundaries upon presentation to the
governing board of a petition signed by at least one adult resident of at least two-thirds of the resident households located within such area. For purposes of this subsection, a "distressed area" is defined as an area in which at least fifty-one percent (51%) of the households in the area petitioning to be annexed have incomes that are two hundred percent (200%) or less than the most
recently published United States Census Bureau poverty thresholds. The municipality may require
reasonable proof that the petitioner in fact resides at the address indicated. (k) The petition under subsection (j) of this section shall be prepared in substantially the following form: DATE:
To the ___________ (name of governing board) of the (City or Town) of ______________
1. We the undersigned residents of real property believe that the area described in paragraph 2 below meets the requirements of G.S. 160A-31(j) and respectfully request that the area described in paragraph 2 below be annexed to the (City or Town) of _________.
2. The area to be annexed is contiguous to the (City or Town) of ________, and the
boundaries of such territory are as follows: (l) For purposes of determining whether the percentage of households in the area petitioning for annexation meets the poverty thresholds under subsections (b1) and (j) of this section, the petitioners shall submit to the municipal governing board any reasonable evidence that
demonstrates the area in fact meets the income requirements of that subsection. The evidence
presented may include data from the most recent federal decennial census, other official census documents, signed affidavits by at least one adult resident of the household attesting to the household size and income level, or any other documentation verifying the incomes for a majority of the households within the petitioning area. Petitioners may select to submit name, address, and
social security number to the clerk, who shall in turn submit the information to the Department of
Revenue. Such information shall be kept confidential and is not a public record. The Department shall provide the municipality with a summary report of income for households in the petitioning area. Information for the report shall be gleaned from income tax returns, but the report submitted to the municipality shall not identify individuals or households. (1947, c. 725, s. 8; 1959, c. 713;
1973, c. 426, s. 74; 1975, c. 576, s. 2; 1977, c. 517, s. 4; 1987, c. 562, s. 1; 1989 (Reg. Sess., 1990),
c. 996, s. 3; 2011-57, s. 3; 2011-396, s. 10.)
RECOMMENDED ACTION
Approve the Resolution Directing the Town Clerk to Investigate a Contiguous Satellite Annexation
Petition Received Under General Statue §160A-31 from Capeton, LLC.
PROPERTY LINE PER PB 15, PG 55CL
U
B
R
O
A
D
(
S
R
2
0
7
5
)
60'
P
U
B
L
I
C
R
I
G
H
T
O
F
W
A
Y 10' ACCESS EASEMENT FORCEMETERY per PB 2021, PG 30230' NON-EXCLUSIVEACCESS AND UTILITYEASEMENT per DB1402, PG 571(THREE NEIGHBORSLANE)30'20' UTILITY EASEMENT FOR BUIES CREEK-COATSWATER AND SEWER DISTRICT OF HARNETT COUNTYper DB 603, PG 226 and PLAT CABINET 2, SLIDE 48EIREIPEIPBENT EIREIPEIPEIPEIREIREIREIREIREIREIREIPEIREIREIPEIREIREIREIREIREIREIREIREIRANGLEIRONEIREIREIPEIREIREIREIREIPEIPEIRPTPTEIP FOUND(DISTURBED)U.S. HIGHWAY 421E. CORNELIUS HARNETT BLVD.VARIABLE WIDTH PUBLIC RIGHT OF WAY20.0'50.0'CENTERLINE OF DITCHIS PROPERTY LINELEO MCNEILL JOHNSONNO DEED FOUNDPIN No. 0660-82-3870QUINTON MATTHEWSDB 4053, PG 747PIN No. 0660-72-5580AFRICAN METHODISTEPISCOPAL ZION CHURCHDB 4216, PG 148PIN No. 0660-72-5673WILLIE SMITHC/O JANIE MCKOYDB 913, PG 710PIN No. 0660-72-7416LILLINGTON AA ACQUISITIONS, LLCDB 4095, PG 670PB 2021, PG 605PIN No. 0660-42-7059GLENDA MATT
H
EW
S
CAROLYN SPEARS and
D
E
N
N
I
S
S
P
E
A
R
S
DB 4089,
P
G
7
1
7
PB 1
5
,
P
G
5
5
PIN No
.
0
6
6
0
-
6
2
-
8
9
7
7
CALVIN OCKLETREERONNIE OCKLETREEDB 1430, PG 801PB 15, PG 55PIN No. 0660-63-81
7
0
CALVIN OCKLETREEJENNIE OCKLETREEDB 79E, PG 71PB 15, PG 55PIN No. 0660-63-8115 CINDY M. WHITEDB 79E, PG 71PB 15, PG 55PIN No. 0660-63-7242 ROSE MCKAY FREEMANDB 3759, PG 878PB 15, PG 55PIN No. 0660-63-6278
A
L
L
E
N
B
L
U
E
D
B
1
3
6
2
,
P
G
4
4
1
P
B
1
5
,
P
G
5
5
PI
N
N
o
.
0
6
6
0
-
7
3
-
0
1
7
6
JIM ROBINSON, Jr.DB 3270, PG 869PB 2013, PG 252PIN No. 0660-73-2321JAMES MCKAYROY MCKAYDB 1418, PG 152PB 2013, PG 252PIN No. 0660-73-0426JENNIE TERRYDB 1094, PG 249PIN No. 0660-73-4532TALBOT MCKOYCHRISTOPHER MCKOYDB 1475, PG 142PIN No. 0660-73-6576THYRON LAWSONSHIRL E. LAWSONDB 2052, PG 184PB 2018, PG 207PIN No. 0660-83-342450' ACCESSEASEMENT per PB2004, PG 1190and DB 2052, PG184MINNIE MCNEILLDB 365, PG 641PB 2018, PG 207PIN No. 0660-83-1253JOHN MCLEANANNIE MCLEANDB 1047, PG 231PC F, SLIDE 270APIN No. 0660-83-3115POINT OF BEGINNINGLOCALIZATION POINTEXISTING IRON REBARNAD 83 (2011)N: 603,145.81'E: 2,067,937.94'CSF: 0.999874060S
5
5
°
2
9
'
3
5
"
W
6
6
6
.
9
4
'
(G
ROUND
)CAPETON, LLCDB 4215, PG 240PB 98, PG 376PIN No. 0660-73-41381.009 ACRES43,972 SFTOWN OF LILLINGTON LIMITS (IN)(OUT)TOWN OF LILLINGTON LIMITS (IN)(OUT)CAPETON, LLCDB 4218, PG 2854PB 2016, PG 336PIN No. 0660-73-609616.150 ACRES703,499 SFCAPETON, LLCDB 4218, PG 1833PIN No. 0660-73-31041.727 ACRES75,220 SFCAPETON, LLCDB 4218, PG 1877PIN No. 0660-73-53190.443 ACRES19,309 SFCAPETON, LLCDB 4218, PG 1840PIN No. 0660-73-8532CAPETON, LLCDB 4218, PG 1846PIN No. 0660-73-9563CAPETON, LLCDB 4218, PG 1852PIN No. 0660-83-0488S 65°00'05" E480.81' (TIE LINE)EIPDITCH50' ACCESSEASEMENT per PB2004, PG 1190 andDB 2052, PG 190NCGS MON. "NURSING"NAD 83(2011)N: 603,523.63'E: 2,068,487.53'(LOCALIZED COORDINATES)N 65°04'41" W381.71'N 65°05'37" W305.14'N 46°
3
0
'
5
0
"
E
39
3
.
7
8
'
N
4
6
°
3
0
'
5
0
"
E
1
8
4
.
7
9
'
N
4
4
°
3
5
'
0
0
"
E
81
.
2
8
'
N
4
6
°
1
3
'
1
0
"
E
36
0
.
6
3
'S 78°21'59" E201.41'S 78°21'59" E73.98'S 78°21'59" E118.00'N 11°37'55"
E
80.02'S 78°21'10" E120.08'S 78°24'37" E145.23'S
4
0
°
0
8
'
1
7
"
W
34
6
.
4
1
'S 66°32'34" E200.47'S 66°36'00" E172.37'S
4
1
°
5
4
'
2
9
"
W
15
7
.
6
4
'
S
3
8
°
5
6
'
2
8
"
W
21
3
.
6
6
'N 66°33'08" W183.00'S 3
6
°
2
9
'
5
5
"
W
31
6
.
1
6
'N 57°25'24" W290.99'S 19°
2
2
'
5
5
"
W
343.06
'S 52°19'20" E100.89'S 64°30'21" E179.55'S 27
°
3
8
'
1
8
"
W
485.
3
1
'L1L2
L
3
L4
L5
L6L7
L8
L9
L10L1
1
L12
L13
L14L15L16L17L18L19L20TOTAL ANNEXATION AREA19.330 ACRESE. CORNELIUS HARNETTBLVD.US HWY 421SITECEDAR GROVESCHOOL RDNEILLS CREEKRD
LINE TABLELINE BEARINGDISTANCEL1N 65°00'05" W49.02'L2N 44°12'52" E40.30'L3N 46°36'14" E154.97'L4N 46°08'28" E28.49'L5N 44°36'19" E25.05'L6S 07°29'51" W42.97'L7S 57°27'12" E39.85'L8S 42°41'52" W233.65'L9S 42°41'52" W111.38'L10S 78°00'42" E200.00'L11N 42°59'18" E113.18'L12S 11°41'26" W51.97'L13N 10°35'07" E17.52'L14S 64°57'40" E28.58'L15S 74°48'04" W22.66'L16S 82°27'14" W43.77'L17S 64°49'47" W32.66'L18S 72°29'28" W81.61'L19S 85°25'30" W60.90'L20N 74°53'39" W62.21'LEGAL DESCRIPTION - PIN 0660-73-4138BEGINNING AT AN EXISTING IRON REBAR LOCATED ON A COMMON PROPERTY LINE OF THAT PROPERTY OWNED BY JENNIE TERRY (PIN NO.0660-73-4532), DB 1094, PG 249, HARNETT COUNTY REGISTRY AND HAVING NORTH CAROLINA GRID COORDINATES (NAD83, 2011), N:603,375.10', E: 2,067,332.37'; THENCE, NORTH 44°35'00" EAST A DISTANCE OF 81.28' TO AN EXISTING IRON REBAR; THENCE, SOUTH64°30'21" EAST A DISTANCE OF 179.55' TO AN EXISTING IRON PIPE; THENCE, SOUTH 27°38'18" WEST A DISTANCE OF 485.31' TO ANEXISTING IRON REBAR; THENCE, NORTH 57°27'12" WEST A DISTANCE OF 39.85' TO AN EXISTING IRON REBAR; THENCE, NORTH 19°22'55"EAST A DISTANCE OF 343.06' TO AN EXISTING IRON REBAR; THENCE, NORTH 07°29'51" EAST A DISTANCE OF 42.97' TO AN EXISTING IRONREBAR; THENCE, NORTH 52°19'20" WEST A DISTANCE OF 100.89' TO AN EXISTING IRON REBAR, BEING THE POINT AND PLACE OFBEGINNING, AND HAVING AN AREA OF 1.009 ACRES (43,972 SQUARE FEET), MORE OR LESS.LEGAL DESCRIPTION - PIN 0660-73-3104BEGINNING AT AN EXISTING IRON REBAR LOCATED ON A COMMON PROPERTY LINE OF THAT PROPERTY OWNED BY JENNIE TERRY (PIN NO.0660-73-4532), DB 1094, PG 249, HARNETT COUNTY REGISTRY AND HAVING NORTH CAROLINA GRID COORDINATES (NAD83, 2011), N:603,375.10', E: 2,067,332.37'; THENCE, SOUTH 52°19'20" EAST A DISTANCE OF 100.89' TO AN EXISTING IRON REBAR; THENCE, SOUTH07°29'51" WEST A DISTANCE OF 42.97' TO AN EXISTING IRON REBAR; THENCE, SOUTH 19°22'55" WEST A DISTANCE OF 343.06' TO ANEXISTING IRON REBAR; THENCE, NORTH 57°25'24" WEST A DISTANCE OF 290.99' TO AN EXISTING IRON PIPE; THENCE, NORTH 46°30'50"EAST A DISTANCE OF 184.79' TO AN EXISTING IRON PIPE; THENCE, NORTH 46°36'14" EAST A DISTANCE OF 154.97' TO AN EXISTING IRONPIPE; THENCE, NORTH 46°08'28" EAST A DISTANCE OF 28.49' TO AN EXISTING IRON PIPE; THENCE, NORTH 44°36'19" EAST A DISTANCE OF25.05' TO AN EXISTING IRON REBAR, BEING THE POINT AND PLACE OF BEGINNING, AND HAVING AN AREA OF 1.727 ACRES (75,220SQUARE FEET), MORE OR LESS.LEGAL DESCRIPTION - PIN 0660-73-5319BEGINNING AT A NEW IRON PIPE LOCATED ON THE SOUTHWEST PROPERTY CORNER OF THAT PROPERTY OWNED BY TALBOT MCKOY ANDCHRISTOPHER MCKOY (PIN NO. 0660-73-6576), DB 1475, PG 142, HARNETT COUNTY REGISTRY AND HAVING NORTH CAROLINA GRIDCOORDINATES (NAD83, 2011), N: 603,510.79', E: 2,067,481.34'; THENCE, SOUTH 78°21'59" EAST A DISTANCE OF 201.41' TO A POINT;THENCE, SOUTH 42°59'18" WEST A DISTANCE OF 113.18' TO A POINT; THENCE, NORTH 78°00'42" WEST A DISTANCE OF 200.00' TO ANEXISTING IRON REBAR; THENCE, NORTH 42°41'52" EAST A DISTANCE OF 111.38' TO A NEW IRON PIPE, BEING THE POINT AND PLACE OFBEGINNING, AND HAVING AN AREA OF 0.443 ACRES (19,309 SQUARE FEET), MORE OR LESS.LEGAL DESCRIPTION - PIN 0660-73-5319BEGINNING AT AN EXISTING IRON REBAR LOCATED ON THE SOUTHWEST CORNER OF THAT PROPERTY OWNED BY MINNIE MCNEILL (PINNO. 0660-83-1253), DB 365, PG 641 AND PLAT BOOK 2018, PAGE 207, HARNETT COUNTY REGISTRY AND HAVING NORTH CAROLINA GRIDCOORDINATES (NAD83, 2011), N: 603,145.81', E: 2,067,937.94'; THENCE, SOUTH 66°32'34" EAST A DISTANCE OF 200.47' TO AN EXISTINGIRON REBAR; THENCE, SOUTH 66°36'00" EAST A DISTANCE OF 172.37' TO AN EXISTING IRON REBAR; THENCE, SOUTH 41°54'29" WEST ADISTANCE OF 157.64' TO AN EXISTING IRON REBAR LOCATED IN THE CENTER OF AN EXISTING DITCH; THENCE WITH SAID CENTERLINE OFDITCH THE FOLLOWING SIX (6) CALLS: SOUTH 74°48'04" WEST A DISTANCE OF 22.66' TO AN EXISTING IRON REBAR; THENCE, SOUTH82°27'14" WEST A DISTANCE OF 43.77' TO AN EXISTING IRON REBAR; THENCE, SOUTH 64°49'47" WEST A DISTANCE OF 32.66' TO ANEXISTING IRON REBAR; THENCE, SOUTH 72°29'28" WEST A DISTANCE OF 81.61' TO AN EXISTING IRON REBAR; THENCE, SOUTH 85°25'30"WEST A DISTANCE OF 60.90' TO AN EXISTING IRON REBAR; THENCE, NORTH 74°53'39" WEST A DISTANCE OF 62.21' TO AN EXISTING IRONREBAR; THENCE, LEAVING SAID DITCH, SOUTH 38°56'28" WEST A DISTANCE OF 213.66' TO A NEW IRON PIPE; THENCE, NORTH 66°33'08"WEST A DISTANCE OF 183.00' TO AN EXISTING IRON REBAR; THENCE, SOUTH 36°29'55" WEST A DISTANCE OF 316.16' TO AN EXISTINGIRON REBAR; THENCE, NORTH 65°04'41" WEST A DISTANCE OF 381.71' TO AN EXISTING IRON PIPE; THENCE, NORTH 65°05'37" WEST ADISTANCE OF 305.14' TO AN EXISTING IRON REBAR; THENCE, NORTH 65°00'05" WEST A DISTANCE OF 49.02' TO A NEW IRON PIPE;THENCE, NORTH 46°30'50" EAST A DISTANCE OF 393.78' TO AN EXISTING IRON REBAR (BENT); THENCE, NORTH 44°12'52" EAST ADISTANCE OF 40.30' TO AN EXISTING IRON PIPE; THENCE, SOUTH 57°25'24" EAST A DISTANCE OF 290.99' TO AN EXISTING IRON REBAR;THENCE, SOUTH 57°27'12" EAST A DISTANCE OF 39.85' TO AN EXISTING IRON REBAR; THENCE, NORTH 27°38'18" EAST A DISTANCE OF485.31' TO AN EXISTING IRON PIPE; THENCE, NORTH 64°30'21" WEST A DISTANCE OF 179.55' TO AN EXISTING IRON REBAR; THENCE,NORTH 46°13'10" EAST A DISTANCE OF 360.63' TO AN EXISTING IRON REBAR LOCATED ON THE SOUTHERN RIGHT OF WAY OF U.S.HIGHWAY 421 (VARIABLE WIDTH PUBLIC RIGHT OF WAY); THENCE, LEAVING SAID PUBLIC RIGHT OF WAY, SOUTH 42°41'52" WEST ADISTANCE OF 233.65' TO A NEW IRON PIPE; THENCE, SOUTH 42°41'52" WEST A DISTANCE OF 111.38' TO AN EXISTING IRON REBAR;THENCE, SOUTH 78°00'42" EAST A DISTANCE OF 200.00' TO A POINT; THENCE, NORTH 42°59'18" EAST A DISTANCE OF 113.18' TO A POINT;THENCE, SOUTH 78°21'59" EAST A DISTANCE OF 73.98' TO A NEW IRON PIPE; THENCE, SOUTH 78°21'59" EAST A DISTANCE OF 118.00' TOAN EXISTING IRON REBAR; THENCE, NORTH 11°37'55" EAST A DISTANCE OF 80.02' TO AN EXISTING IRON REBAR; THENCE, SOUTH78°21'10" EAST A DISTANCE OF 120.08' TO AN EXISTING IRON REBAR; THENCE, SOUTH 11°41'26" WEST A DISTANCE OF 51.97' TO ANEXISTING IRON REBAR; THENCE, SOUTH 78°24'37" EAST A DISTANCE OF 145.23' TO AN EXISTING IRON PIPE; THENCE, NORTH 10°35'07"EAST A DISTANCE OF 17.52' TO AN EXISTING IRON REBAR; THENCE, SOUTH 64°57'40" EAST A DISTANCE OF 28.58' TO AN EXISTING IRONREBAR; THENCE, SOUTH 40°08'17" WEST A DISTANCE OF 346.41' TO AN EXISTING IRON REBAR, BEING THE POINT AND PLACE OFBEGINNING, AND HAVING AN AREA OF 16.150 ACRES (703,499 SQUARE FEET), MORE OR LESS.NNC GRID NAD 83(2011)0SCALE: 1 inch = ft.10050100WithersRavenel115 MacKenan Drive | Cary, NC 27511License #: F-1479 | t: 919.469.3340 | www.withersravenel.comK:\20\20-1370\201372.40-Greenfield-Matthews Assemblage-Capeton\Geomatics\Survey\Res-Com\Drawings\Matthews Annexation Plat.dwg, Thursday, January 18, 2024 11:38:05 AM, BDAYTON WR Job No.:DATE:SURVEYED BY:DRAWN BY:CHECK & CLOSURE BY:PROPERTY OFSHEET: OFNO SCALEVICINITY MAP02201372.401/18/2024WRBDBDCAPETON, LLC11NEILLS CREEK TOWNSHIP | HARNETT COUNTYNORTH CAROLINACONTIGIOUS ANNEXATION PLAT FOR THE TOWN OF LILLINGTONNGENERAL NOTES1.BASIS OF BEARINGS: NC STATE PLANE GRID COORDINATES, NAD83(2011).2.ALL DISTANCES ARE HORIZONTAL GROUND DISTANCES IN U.S. SURVEY FEET UNLESS OTHERWISE NOTED.3.AREAS SHOWN HEREON WERE COMPUTED USING THE COORDINATE METHOD.4.LINES NOT SURVEYED ARE SHOWN AS BROKEN LINES FROM INFORMATION REFERENCED ON THE FACE OF THIS PLAT.5.SUBJECT PROPERTY IS LOCATED WITHIN A FLOOD HAZARD AREA ACCORDING TO FLOOD INSURANCE RATE MAP3720066000J, DATED OCTOBER 3, 2006.6.IRON PIPES SET AT ALL CORNERS UNLESS OTHERWISE NOTED.OWNER DATA:CAPETON, LLC8601 SIX FORKS ROAD, SUITE 270RALEIGH, NC 27615NOTE:THIS PLAT IS FOR ANNEXATION PURPOSES ONLY AND SHOULD NOT BECONSIDERED A BOUNDARY SURVEY.TOWN OF LILLINGTON CERTIFICATIONI DO HEREBY CERTIFY THAT THE LILLINGTON BOARD OF COMMISSIONERSAPPROVED THE ANNEXATION ON ___________________________ AND OFFICIALLYADOPTED THIS ANNEXATION MAP.DATE LINDSEY B. LUCAS, TOWN CLERKDATE LANDON CHANDLER, ZONING ADMINISTRATORNO
R
TH CAROLINABENJAMIN E.
DA
Y
T
ON
PR
O
FESSIONALLAND SURVE
YORSEALL-4390BENJAMIN E. DAYTON4390SURVEYOR'S CERTIFICATEI, , PLS, CERTIFY THAT THIS PLAT WAS DRAWN UNDER MY SUPERVISION FROM AN ACTUAL SURVEY MADE UNDER MYSUPERVISION (DEED DESCRIPTION RECORDED AS SHOWN HEREON); THAT THE BOUNDARIES NOT SURVEYED ARE CLEARLY INDICATED AS DRAWN FROMINFORMATION SHOWN ON THE FACE OF THIS PLAT; THAT THE RATIO OF PRECISION OR POSITIONAL ACCURACY AS CALCULATED IS THAT THISPLAT WAS PREPARED IN ACCORDANCE WITH G.S. 47-30 AS AMENDED. WITNESS MY ORIGINAL SIGNATURE, LICENSE NUMBER AND SEAL.THIS DAY OF A.D.,.PROFESSIONAL LAND SURVEYOR LICENSE NUMBER, L-I ALSO CERTIFY THAT THIS SURVEY IS OF AN EXISTING PARCEL OR PARCELS OF LAND OR ONE OR MORE EXISTING EASEMENTS AND DOES NOTCREATE A NEW STREET OR CHANGE AN EXISTING STREET.##January20241:20,000;PRELIMINARYNOT FOR RECORDATION,CONVEYANCE OR SALES
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
RESOLUTION FY 2024-17
RESOLUTION DIRECTING THE CLERK TO INVESTIGATE A
CONTIGUOUS ANNEXATION PETITION RECEIVED UNDER
G.S. 160A-31
FROM CAPETON, LLC
WHEREAS, a petition requesting annexation of a parcel described in said petition for property
identified as PIN #: 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000 and 0660-73-
5319.000 was received by the Town Clerk; and
WHEREAS, G.S. 160A-31 provides that the sufficiency of the petition shall be investigated by the Town Clerk before further annexation proceedings may take place; and
WHEREAS, the Town Board of the Town of Lillington, deems it advisable to proceed in response
to this request for annexation.
NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lillington that:
The Town Clerk was hereby directed at the March 12, 2024 Board Meeting to investigate the
sufficiency of the above-described petition and to certify at the March 12, 2024 meeting to Town
Board the result of her investigation.
Adopted this the 12th day of March, 2024.
Attest:
_______________________________ ______________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor
AGENDA ITEM SUMMARY
Date of Meeting: March 12, 2024
Staff Work By: Lindsey B. Lucas, Town Clerk
AGENDA ITEM
Consideration of Resolution Fixing Date of Public Hearing on Question of Annexation, Pursuant to
G.S. §160A-31 as Requested by Capeton, LLC for Property Identified as PIN #: 0660-73-6096.000,
0660-73-3104.000, 0660-73-4138.000 and 0660-73-5319.000.
ITEM SUMMARY
For your consideration is a Resolution Fixing Date of Public Hearing on Question of
Annexation, Pursuant to G.S. §160A-31 for property identified as PIN#:0660-73-6096.000, 0660 73-3104.000, 0660-73-4138.000 and 0660-73-5319.000. § 160A-31. Annexation by petition. (c) Upon receipt of the petition, the municipal governing board shall cause the clerk of the municipality to investigate the sufficiency thereof and to certify the result of the investigation. For petitions received under subsection (b1) or (j) of this section, the clerk shall receive the evidence
provided under subsection (l) of this section before certifying the sufficiency of the petition. Upon
receipt of the certification, the municipal governing board shall fix a date for a public hearing on the question of annexation, and shall cause notice of the public hearing to be published once in a newspaper having general circulation in the municipality at least 10 days prior to the date of the public hearing; provided, if there be no such paper, the governing board shall have notices posted in three or more
public places within the area to be annexed and three or more public places within the municipality. (d) At the public hearing persons resident or owning property in the area described in the petition and persons resident or owning property in the municipality shall be given an opportunity to be heard. The governing board shall then determine whether the petition meets the requirements of this
section. Upon a finding that the petition that was not submitted under subsection (b1) or (j) of this section meets the requirements of this section, the governing board shall have authority to pass an ordinance annexing the territory described in the petition. The governing board shall have authority to make the annexing ordinance effective immediately or on the June 30 after the date of the passage of the ordinance or the June 30 of the following year after the date of passage of the ordinance.
RECOMMENDED ACTION Approve Resolution Fixing Date of Public Hearing for April 9, 2024, on Question of Annexation,
Pursuant to G.S. §160A-31 as Requested by Capeton, LLC for Property Identified as PIN #: 0660-
73-6096.000, 0660-73-3104.000, 0660-73-4138.000 and 0660-73-5319.000
AGENDA ITEM #15
TOWN OF LILLINGTON
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2654 ● Fax (910) 893-3693 ● www.lillingtonnc.com
RESOLUTION FY 2024-18
RESOLUTION FIXING DATE OF PUBLIC HEARING
ON QUESTION OF ANNEXATION, PURSUANT TO G.S. 160A-131 AS
REQUESTED BY CAPETON, LLC IDENTIFIED AS PIN#: 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000 & 0660-73-5319.000
WHEREAS, a petition requesting annexation of the contiguous area described herein has been received; and WHEREAS, the Lillington Town Board has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and WHEREAS, certification by the Town Clerk as to the sufficiency of the petition has been made. NOW, THEREFORE, BE IT RESOLVED by the Town Board of the Town of Lillington, North Carolina that: Section 1. A public hearing on the question of annexation of the contiguous area described herein will be held at the Town of Lillington Town Hall, 102 East Front Street, Lillington,
North Carolina, at 6:00 p.m., or shortly thereafter, on the 9th day of April, 2024. Section 2. The area proposed for annexation is described as follows: Beginning at an Existing Iron Rebar located on the southwest corner of that property owned
by Minnie McNeill (PIN No. 0660-83-1253), DB 365, PG 641 and Plat Book 2018, Page 207, Harnett County Registry and having North Carolina Grid Coordinates (NAD83, 2011), N: 603,145.81’, E: 2,067,937.94’; Thence, South 66°32'34" East a distance of 200.47' to an Existing Iron Rebar; Thence, South 66°36'00" East a distance of 172.37' to an Existing Iron Rebar; Thence, South 41°54'29" West a distance of 157.64' to an Existing Iron Rebar located
in the center of an existing ditch; Thence with said centerline of ditch the following six (6) calls: South 74°48'04" West a distance of 22.66' to an Existing Iron Rebar; Thence, South 82°27'14" West a distance of 43.77' to an Existing Iron Rebar; Thence, South 64°49'47" West a distance of 32.66' to an Existing Iron Rebar; Thence, South 72°29'28" West a distance of 81.61' to an Existing Iron Rebar; Thence, South 85°25'30" West a distance of 60.90' to an
Existing Iron Rebar; Thence, North 74°53'39" West a distance of 62.21' to an Existing Iron Rebar; Thence, leaving said ditch, South 38°56'28" West a distance of 213.66' to a New Iron Pipe; Thence, North 66°33'08" West a distance of 183.00' to an Existing Iron Rebar; Thence,
Town of Lillington | 2
102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com
South 36°29'55" West a distance of 316.16' to an Existing Iron Rebar; Thence, North 65°04'41" West a distance of 381.71' to an Existing Iron Pipe; Thence, North 65°05'37" West
a distance of 305.14' to an Existing Iron Rebar; Thence, North 65°00'05" West a distance of
49.02' to a New Iron Pipe; Thence, North 46°30'50" East a distance of 393.78' to an Existing Iron Rebar (Bent); Thence, North 44°12'52" East a distance of 40.30' to an Existing Iron Pipe; Thence, North 46°30'50" East a distance of 184.79' to an Existing Iron Pipe; Thence, North 46°36'14" East a distance of 154.97' to an Existing Iron Pipe; Thence, North 46°08'28" East a
distance of 28.49' to an Existing Iron Pipe; Thence, North 44°36'19" East a distance of 25.05'
to an Existing Iron Rebar; Thence, North 44°35'00" East a distance of 81.28' to an Existing Iron Rebar; Thence, North 46°13'10" East a distance of 360.63' to an Existing Iron Rebar located on the southern Right of Way of U.S. Highway 421 (Variable Width Public Right of Way); Thence, leaving said Public Right of Way, South 42°41'52" West a distance of 233.65'
to a New Iron Pipe; Thence, South 78°21'59" East a distance of 201.41' to a Point; Thence,
South 78°21'59" East a distance of 73.98' to a New Iron Pipe; Thence, North 11°37'55" East a distance of 199.97' to a New Iron Pipe located on the southern Right of Way of U.S. Highway 421 (Variable Width Public Right of Way); Thence, with said Public Right of Way, South 78°18'56" East a distance of 115.88' to an Existing Iron Pipe; Thence, South 78°25'03" East a
distance of 2.12' to a New Iron Pipe; Thence, South 78°25'03" East a distance of 120.21' to a
New Iron Pipe; Thence, South 78°25'03" East a distance of 145.02' to an Existing Iron Pipe (Bent); Thence, leaving said Public Right of Way, South 11°44'16" West a distance of 154.47' to an Existing Iron Rebar; Thence, South 64°57'40" East a distance of 28.58' to an Existing Iron Rebar; Thence, South 40°08'17" West a distance of 346.41' to an Existing Iron Rebar,
being the point and place of Beginning, and having an area of 20.774 Acres (904,929 Square
Feet), More or Less.
Section 3. Notice of the public hearing shall be published once in a newspaper having general
circulation in the Town of Lillington, at least ten (10) days prior to the date of the public
hearing.
Adopted this the 12th day of March, 2024.
Attest:
_______________________________ ______________________________
Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor