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April 9, 2024 Regular MeetingAGENDA Lillington Board of Commissioners Regular Monthly Meeting Lillington Town Hall 102 East Front Street Lillington, North Carolina 27546 April 9, 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 March 11, 2024 Item #2 Approval of Closed Session Minutes from March 11, 2024 Item #3 Approval of Regular Session Minutes from March 12, 2024 Item #4 Approval of FY23-24 Budget Amendment #6 Item #5 Approval of Supplement 2 To The Professional Services Contract Between Willdan Financial Services and the Town of Lillington, North Carolina OLD BUSINESS Item #6 Approval of School Resource Officer Program Reimbursement Agreement For Elementary And Primary Schools – between the Harnett County Board of Town of Lillington | 2 Education, the Harnett County Schools, the County of Harnett and the Town of Lillington. PUBLIC HEARING Item #7 Public Hearing for Consideration of Temporary Street Closure of Town Streets for Cape Fear Fest on May 4, 2024 at 7 a.m. Lindsey B. Lucas, Town Clerk Item #7A Consideration of Approval of Temporary Street Closure of Town Streets for the Cape Fear Fest on May 4, 2024 at 7 a.m. Lindsey B. Lucas, Town Clerk Item #8 Public Hearing on Consideration of Text Amendment to Title III, Chapter 32.056 of the Lillington NC Code of Ordinances. Lindsey B. Lucas, Town Clerk Item #8A Consideration of Approval of Text Amendment to Title III, Chapter 32.056 of the Lillington NC Code of Ordinances Lindsey B. Lucas, Town Clerk Item #9 Public Hearing on the Question of Annexation of the contiguous Satellite Area PIN #: 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000 & 0660-73-5319.000 . Case Number ANX-24-02 (Capeton, LLC) Lindsey B. Lucas, Town Clerk Item #9A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington (Capeton, LLC) Lindsey B. Lucas, Town Clerk Item #10 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (Capeton, LLC) Landon Chandler, Planning Director Item #10A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Capeton, LLC) Landon Chandler, Planning Director NON-AGENDA ITEMS Non-Agenda items is an opportunity for the Commissioners, Attorney or Staff to present unscheduled items that need consideration by the Board. ADJOURNMENT AGENDA ITEM SUMMARY Date of Meeting: April 9, 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 March 11, 2024 Item #2 Approval of Closed Session Minutes from March 11, 2024 Item #3 Approval of Regular Session Minutes from March 12, 2024 Item #4 Approval of FY23-24 Budget Amendment #6 Item #5 Approval of Supplement 2 To The Professional Services Contract Between Willdan Financial Services and the Town of Lillington, North Carolina RECOMMENDED ACTION Approve consent agenda items as recommended by staff. AGENDA ITEMS #1-5 Lillington Board of Commissioners March 11, 2024 Work Session Meeting Minutes Work Session Meeting of the Town Board of the Town of Lillington, Monday, March 11, 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 Rupert Langdon Commissioner Marshall Page Commissioner Danny Babb Commissioner Patricia Moss 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 Christy Norris, Parks & Recreation Skylar Russell, Assistant Public Works Director Call to Order & Welcome: Mayor Glenn McFadden called the meeting to order at 8:30 a.m. NEW BUSINESS Item #1 Discussion Regarding Amending the Planning Board Bylaws Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated at the last Board Meeting it was requested that an attendance policy be added to the Planning Board Bylaws. Ms. Lucas explained that after reviewing all the advisory board bylaws, all of them had an attendance policy except the Planning Board. Ms. Lucas used the same attendance policy from the other advisory boards to add to the Planning Board Bylaws. It was the consensus of the Board for Ms. Lucas to make this amendment to the bylaws. Item #2 Discussion and Consideration of An Amendment To Resolution FY 2023-18 Sewer Capital Reserve Fund Resolution Mayor Glenn McFadden recognized Alicia Adams, Administrative Services Director. Ms. Adams explained this Resolution is an amendment to the previous Resolution for the Capital Reserve Fund and the amendment is to add the easement acquisition for the wastewater expansion of 600 linear feet of eight-inch gravity sewer main. This is the sewer main on Tripp Road that goes from the fire station to a development, so it serves both the fire station and the development. Commissioner Page made a motion to approve an Amendment to Resolution FY2023-18 Sewer Capital Reserve Fund Resolution. Commissioner McPhail seconded the motion that passed unanimously. Lillington Board of Commissioners March 11, 2024 Work Session Meeting Minutes Item #3 Discussion Regarding Establishing Town of Lillington Water And Wastewater Allocation Policy Mayor Glenn McFadden recognized Shane Cummings, Town Engineer. Mr. Cummings stated this discussion was regarding the establishment of a new policy and a procedure by which the Town of Lillington (“Town”) can fairly and reasonably allocate the Town’s available water and wastewater treatment services to customers that the Town serves. Mr. Cummings stated that with the current policy there are no hard numbers on how many lots we can allocate capacity to. He explained this would allow for smart growth with our water and sewer because that is a commodity we want to protect as a town and allocate in the right way. Mr. Cummings explained that this would apply to all residential and nonresidential lots as defined by the town’s Unified Development Ordinance. The Board requested that Mr. Cummings provide them with current allocation totals. Discussions were continued and it was the consensus of the Board to hold a public hearing regarding the establishment of Town of Lillington Water and Wastewater Allocation Policy at the next regular board meeting. Item #4 Discussion Regarding Legislative Priorities Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries explained he wanted to go over some Legislative priorities with the Board that he felt would be important to discuss with the legislatures at the lunch they have scheduled with them on March 13, 2024. Key priorities that were discussed included Transportation, Downtown Revitalization, Schools, Sewer Capacity and Regional System, Resilient Infrastructure, Greenway and Pedestrian Infrastructure and Public Safety (Police and Fire). Item #5 Administrative Reports Monthly Public Works Activities Report – Mayor Glenn McFadden recognized Skylar Russel, Public Works. Mr. Russel 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 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. 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. Lillington Board of Commissioners March 11, 2024 Work Session Meeting Minutes 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 • Finalizing 65% Design plans. These are currently under internal review before sending to Town. Once Town has had a chance to review and comment, McAdams will begin Utility coordination / coordination with other stakeholders. • An on-site meeting will take place to make determinations on constructability and potential conflicts. McAdams will invite Town staff to join in field visits and coordination discussions. 2. Duncan Street • Under construction 3. Railroad Crossing • Finalized preliminary design and hydrology calculations. • Began construction documents production. • Ongoing coordination with RJ Corman (Railroad) for encroachment documentation and permitting for working within their R/W. 4. 13th Street Reservoir • Subsurface Utility Designation Level B Sue is complete • Reviewing hydrologic calculations from the H& H study and updating engineering models to reflect surveyed information 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 project. Staff met with Golden Leaf February 8, 2024, to discuss the project and are awaiting a in person site visit. Lillington Board of Commissioners March 11, 2024 Work Session Meeting Minutes 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 has installed the new headwalls and extension of the current culvert pipe, as depicted below. They have moved to installing the new storm drain pipe and drop inlet along the roadway. Duncan Street will remain closed. 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 Town staff has received their second schematic layout of the Fire Station and are continuing to work closely with Bobbitt. 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. Construction has begun and is on-going. Poorhouse Creek Myers Engineering is currently working towards 95% construction drawings and acquisition of 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 March 11, 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. Staff has not been notified of the funding award by the NC Department of Environmental Quality Division, but the grant was approved February 20, 2024. Staff is excited about getting this project moving forward in the future. 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 February. Town Manager’s Report – Mayor Glenn McFadden recognized Joseph Jeffries, Town Manager. Mr. Jeffries discussed current and ongoing projects with the Board. Item #6 Discussion of Regular Meeting Agenda for March 12, 2024 Mayor Glenn McFadden reviewed the Agenda for the March 12, 2024, Regular Meeting. Commissioner Langdon made a motion to go into Closed Session per §143-318.11(a)(6). Commissioner Babb seconded the motion that passed unanimously. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Page and a second by Commissioner Langdon. Attest: ____________________________ _______________________________ Lindsey B. Lucas, Town Clerk Glenn McFadden, Mayor Lillington Board of Commissioners March 12, 2024 Regular Board Meeting of the Town Board of the Town of Lillington, Tuesday, March 12, 2024 at 6:00 p.m. at the Lillington Town Hall (102 E. Front Street), Lillington, North Carolina. Board Members Present: Mayor Glenn McFadden Mayor Pro Tempore Neil McPhail Commissioner Marshall Page Commissioner Rupert Langdon Commissioner Danny Babb Commissioner Patricia Moss Staff Present: Joseph Jeffries, Town Manager Lisa Young, Assistant Town Manager Lindsey B. Lucas, Town Clerk Alicia Adams, Administrative Services Director Landon Chandler, Planning Director Frank Powers, Police Chief William Baker, Parks & Recreation Director Tony Buzzard, Town Attorney 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. Mayor McFadden asked that the agenda be amended to move Consent Agenda item #6 to Item 16 under New Business. Commissioner Page moved to approve the agenda as amended. The motion was seconded by Commissioner Moss 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. Mayor Glenn McFadden welcomed the Four Seasons Garden Club to the podium. Alpha Holder with the Four Seasons Garden Club took the stand. Ms. Holder stated the Four Seasons Garden Club made a Barn Quilt they would like to give to the Town to be displayed at the Neil and Cindy McPhail Park. Also in attendance from the club was Nan K. Wheeler and Mary Jane Matthews. The Board thanked them for the beautiful barn quilt. Lillington Board of Commissioners March 12, 2024 Consent Agenda: Commissioner Langdon moved that the consent agenda items be approved as submitted to the Board. The motion was seconded by Commissioner McPhail and the following consent agenda items were approved unanimously. Item #1 Work Session Minutes from February 12, 2024 Item #2 Closed Session Minutes from February 12, 2024 Item #3 Regular Session Minutes from February 13, 2024 Item #4 FY23-24 Budget Amendment #5 Item #5 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 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 Mayor Glenn McFadden opened the Public Hearing at 6:08 p.m. Mayor Glenn McFadden recognized Lindsey Lucas, Town Clerk. Ms. Lucas stated 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 for the question of annexation for 120.84 -acres being PIN #:0559-17-5176.000. With no additional comments, Mayor McFadden closed the Public Hearing at 6:09 p.m. Item #9A Consideration of Approval of An Ordinance to Extend the Corporate Limits of the Town of Lillington (Darleen & Telford Miller) 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 Babb and approved unanimously. Lillington Board of Commissioners March 12, 2024 Item #10 Public Hearing on the Question of Zoning Assignment for Newly Incorporated City Limits (Darleen & Telford Miller) Mayor Glenn McFadden opened the Public Hearing at 6:09 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 approximately 120.85-acres being PIN#’s :0559-17-5176.000, 0559-18-7271.000, 0559-28-4150.000. 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. 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. 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’ Lillington Board of Commissioners March 12, 2024 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 Lillington Board of Commissioners March 12, 2024 & 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. Lillington Board of Commissioners March 12, 2024 6. All other regulations within the Unified Development Ordinance, other adopted plans, or studies must be followed unless specified within the agreed upon conditions. The Planning Board considered the Conditional District Residential Single Family, CD-RS10 Cluster district at their meeting on February 19, 2024 and did vote 3-0 to recommend Approval to the Board of Commissioners. With no additional comments, Mayor McFadden closed the Public Hearing at 6:16 p.m. Item #10A Consideration of Approval of An Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Darleen & Telford Miller) A motion was made by Commissioner Langdon 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 Page and approved unanimously. 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 Mayor McFadden opened the Public Hearing at 6:17 p.m. Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained Town staff has received a Rezoning Application was submitted by Moss Home Builders & Realty, Inc. to rezone the property at 907 & 911 E McNeill Street being PIN#’s 0559-77-9488.000 & 0559-87-0476.000, from Light Industrial, LI to Residential Single Family, RS10. This is a straight zoning request. The 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. The Planning Board reviewed this at their February 12, 2024 Planning Board meeting and all members present voted to recommend approval to the Lillington Board of Commissioners with one recusal. With no additional comments, Mayor McFadden closed the Public Hearing at 6:21 p.m. Item #11A Consideration and Approval of an Ordinance Amending the Town of Lillington Zoning Ordinance for property identified as PIN#’s: 0559-77-9488.000 & 0559-87-0476.000 Commissioner Page made a motion 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. Commissioner Langdon seconded the motion that passed unanimously. Lillington Board of Commissioners March 12, 2024 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 Mayor McFadden opened the Public Hearing at 6:23 p.m. Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained Town staff has received a Rezoning Application was submitted by SLW Trust, Inc. to rezone the property at PIN#: 0559-05-1500.000, LI to Residential Single Family, RS10. This is a straight zoning request. The 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. The Planning Board reviewed this at their February 12, 2024 Planning Board meeting and all members present voted to recommend approval to the Lillington Board of Commissioners with one recusal. With no additional comments, Mayor McFadden closed the Public Hearing at 6:28 p.m. 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 Ordinance for property identified as PIN#’s: 0559-77-9488.000 & 0559-87-0476.000 Commissioner Babb made a motion 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. Commissioner Langdon seconded the motion that passed unanimously. Item #13 Public Hearing on Consideration of Text Amendment to Article X of the Lillington Unified Development Ordinance Mayor Glenn McFadden opened the Public Hearing at 6:30 p.m. Mayor McFadden recognized Landon Chandler, Planning Director. Mr. Chandler explained the request to make an amendment to article X of the Unified Development Ordinance. Mr. Chandler stated we would be adding Tobacco and Vape shops to uses defined as “Personal Care Services Restricted”. The Planning Department was asked to consider moving this particular use to a more restricted level. There is potential for adverse impact with other similar retail uses has been evaluated and it is my conclusion that defining this use differently is warranted. With no additional comments, Mayor McFadden closed the Public Hearing at 6:32 p.m. Lillington Board of Commissioners March 12, 2024 Item #13A Consideration of Approval of Text Amendment to Article X of the Lillington Unified Development Ordinance A motion was made by Commissioner Langdon to approve the Text Amendment to Article X of the Lillington Unified Development Ordinance. The motion was seconded by Commissioner McPhail and approved unanimously. 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 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 Capeton, LLC. The Annexation Petition was received on January 19, 2024. The contiguous annexation of 19.330 acres of the property identified as PIN #’s: 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000, & 0660-73-5319.000 located off E Cornelius Harnett Blvd situated in Harnett County. 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 Capeton, LLC. 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 19.330 acres of the property identified as PIN #: 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000, & 0660-73-5319.000 located off E Cornelius Harnett Blvd 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 #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, 0660-73-3104.000, 0660-73-4138.000 & 0660-73-5319.000 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 Capeton, LLC for Property Identified as PIN #: 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, 0660-73-3104.000, 0660-73-4138.000 and 0660-73-5319.000 on April 9, 2024 at 6:00 pm. A motion was made by Commissioner Page to approve the Resolution Fixing Date of Public Hearing for April 9, 2024 at 6 pm, 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. The motion was seconded by Commissioner Babb and approved unanimously. Lillington Board of Commissioners March 12, 2024 Item #16 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. Mayor Glenn McFadden stated the Board would like more information regarding this contract before a decision is made. Commissioner McPhail made a motion to table the agenda item until the next regular meeting on April 9, 2024. Commissioner Langdon seconded the motion that passed unanimously. Non-Agenda Items: Mayor Glenn McFadden inquired as to whether there were any non-agenda items that should be addressed by Town Board members or staff. Commissioner McPhail thanked the Four Seasons Garden Club for the Barn Quilt. Adjournment: The meeting adjourned following the unanimous approval of a motion by Commissioner Babb and a second by Commissioner Langdon. 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 FY2024-21 BUDGET ORDINANCE AMENDMENT FISCAL YEAR 2023-2024 #6 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 $ 7,000 60-90-720-0400 Professional Services $ 11,000 60-90-720-1510 Mnt & Rep-Sewer $ 10,000 60-90-720-7300 Short Lived Assets $ 28,000 10-00-410-0400 Professional Services $ 90,000 10-00-410-1400 Training & Travel $ 8,000 10-00-411-1400 Training & Travel $ 6,000 10-00-421-5700 Miscellaneous $ 2,000 10-00-470-0410 Audit Services $ 40,000 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 10-00-470-4500 Contracted Services $ 10,000 10-10-530-5700 Miscellaneous $ 5,000 10-80-620-7400 Capital Outlay $ 7,000 10-80-620-7450 River Park $ 4,000 10-20-500-0200 Salaries & Wages $ 5,000 10-00-336-0000 Recreation Fees $ 16,000 10-00-329-0000 Interest $ 13,000 10-00-399-0000 Fund Balance $ 130,000 To budget funds for lift station repairs; Duke Energy OH/UG conversion; 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 9th day of April, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk Willdan Financial Services Page 1 SUPPLEMENT 2 TO THE PROFESSIONAL SERVICES CONTRACT BETWEEN WILLDAN FINANCIAL SERVICES AND THE TOWN OF LILLINGTON, NORTH CAROLINA LIMITED SUMMARY VALUE ANALYSIS This document represents Supplement 2 to the Professional Services Contract (the “Contract”) dated on February 7, 2023, by and between Willdan Financial Services (“Willdan” or the “Consultant”) and the Town of Lillington, North Carolina (the “Client” or “Town”). All provisions of the Contract remain in effect except as specifically defined in this Supplement. Provided herein is the scope of work anticipated to meet the project objectives of the Client for developing an opinion of value for a portion of the Town’s water and sewer system (“Subject Assets”) and providing a “high level” asset value of the identified system assets through the preparation of a Limited Summary Value Analysis. Willdan will utilize two different cost methodologies to develop an estimate of value which include (a) Original Cost Less Depreciation (“OCLD”) and (b) Reproduction Cost New Less Depreciation (“RCNLD”). In addition, Willdan will prepare an income analysis using the direct capitalization methodology and a market analysis using data on comparable system sales throughout the United States. Shown below is a breakdown of the Task(s) required to complete the Limited Summary Value Analysis. SCOPE OF SERVICES Task 1: Project Initiation/Data Collection Subtask 1.1: Kick-off Meeting The project will commence with an initial meeting with representatives of the Town to discuss the Water and Sewer System Limited Summary Value Analysis Study. The purpose of this meeting will be to reach a mutual understanding regarding project objectives, scope of specific issues to be addressed, project schedule, the work plan, and protocols for coordinating project activities. This meeting will also serve to formalize lines of communication between Willdan, Town personnel, and other stakeholders. Subtask 1.2: Data Collection and Review Willdan will collect available information pertaining to the portion of Subject Assets to be valued. It is anticipated that the necessary data will come from various sources. Among the types of information required to perform the Limited Summary Value Analysis Study include the following: o Historical financial statements; Willdan Financial Services Page 2 o Detailed Fixed Asset listing including in-service dates and original cost; o Historical customer and flow data; o Existing and historical utility rates; o System operating reports; and o Engineering reports (i.e. condition of facilities. The data will be reviewed for completeness and to ensure a sufficient understanding of the Utility’s operations. The data collection and review process will be ongoing throughout the Study as the need for additional information arises. Task 2: Cost Analysis - Estimate Value of the Facilities Willdan will develop a range of estimated values for the Subject Assets. Based upon the availability of data, it is anticipated that the development of the value range will utilize certain generally accepted valuation methodologies including the following: o Original Cost Less Depreciation (“OCLD”); and o Reproduction Cost New Less Depreciation (“RCNLD”). The OCLD and RCNLD valuation methodologies will utilize historical financial and facility data to be obtained from the Town. Subtask 2.1: OCLD Analysis This approach is commonly used when the Subject Assets are franchise assets and are municipally held in trust and has been used for governmentally owned or not-for-profit sales to like utilities under an agreement. This approach takes the original book value of the asset and adjusts for depreciation based on in-service date of the asset and the average service life of said asset. Subtask 2.2: RCNLD Analysis For the Limited Summary Value Analysis Report, Willdan will prepare an analysis of the system using the reproduction cost less depreciation methodology. This methodology was chosen over the replacement cost new less depreciation method, as Willdan will be utilizing the existing historical book value of the assets to develop the reproduction costs. The reproduction cost is a duplication of the exact same facilities. In contrast, the replacement cost is the provision of facilities that would be available today with their improved efficiencies and more effective cost utilizing the commercially available materials, equipment, etc. complete as one single project and obtaining the economy of scale thereof. As part of the RCNLD analysis, Willdan will start with the current book value of the assets and then trend the historical costs to a current reproduction cost new (RCN) using industry accepted indices including the Engineering News Record Construction Cost Index and the Handy-Whitman Index of Public Utility Construction Costs for the South Atlantic Region. Willdan Financial Services Page 3 Similar to the OCLD analysis, these RCN costs for each asset will be adjusted for depreciation based on the in-service dates and identified average service lives. Subtask 2.3: Adjustments to Determine Value Willdan will address the following potential adjustments to value including: o Functional Obsolescence affects the function of the assets. This involves how the asset is operated and the efficiency and effectiveness of the system. o External Obsolescence is created by a variety of factors outside of the system itself including marketability, higher replacement cost, regulatory requirements, etc. o Going Concern Value is an enhancement to the asset structure value because the structure is in use. Such a value increment must include whatever is contributed by the fact of connection of the items making a complete and operating plant. Elements of going concern value include, but are not limited to, the time and cost of building the business, the establishment of routes and customers, the exercise of managerial skill, the efficiency of the work force, and the records of profitability of the fully functioning, organized business. Subtask 2.4: Real Estate Valuation Willdan will obtain a list of real property and easements owned by the Town and used for the provision of service by the Subject Assets. Based on sales of similar properties sold within the surrounding areas, Willdan will develop a value for the tangible real property of the utility to be used as part of the cost approach analysis. Task 3: Income Analysis – Single Period Direct Capitalization Capitalization is a valuation process, in that it converts a company’s annual cash flow levels into a determination of value by dividing the economic income stream by an appropriate rate of return considering the risks associated with the investment. This method attempts to calculate a company’s value based on expected cash flow in the future. Implicit in this method are two very important and fundamental assumptions: o The annualized growth rate of income is relatively constant or stable o This stable growth is expected to continue into perpetuity To analyze the value under the Single Period Direct Capitalization methodology, Willdan will perform the following: o Estimate the cash flow from the portion of the system being valued for a single period, using a test year that consists of “normalized” or average revenues and expenses. In order to determine net cash flow, net income must be adjusted for Depreciation, Working Capital Requirements, and Capital Spending Requirements. Willdan Financial Services Page 4 o Determine an appropriate capitalization rate associated with the risk of owning and operating the portion of the system being valued. The capitalization rate is essentially a rate of return, which includes a risk-free rate plus a risk premium. The single period cash flow will then be divided by the capitalization rate that is determined by the measure of the risk associated with the investment. Task 4: Market Analysis The comparable sales approach to utility valuation assumes that knowledgeable buyers and sellers of water and sewer utilities generally know the “market” for such utilities. Extensive research has been conducted in order to gather a database of information regarding utility acquisitions. In order to compare the different transactions, various financial, technical, legal, and customer service information was analyzed and adjusted. The market/comparable sales analysis will examine the history of water and sewer utility acquisitions and analyze the conditions under which the utilities were acquired in an effort to arrive at an implied purchase price for the Subject Assets. Meetings, Public Presentations and Deliverables To successfully provide the professional services related to the completion of the Limited Summary Value Analysis of the Town’s Subject Assets, the Project Team anticipates, at a minimum, the following meetings, public presentations and deliverables: o Project Initiation – Prepare a data request such that the data needed to complete the Limited Summary Value Analysis may be assembled as quickly as possible. o Kick-off Meeting – The Project Team will meet with Town staff prior to commencing the assignment to obtain and discuss the goals and objectives. It is anticipated that there will also be discussions regarding: • Data availability; • Historic operating and administrative policies and procedures; • Consultant/Town communications; • Time schedules; and • Meeting and deliverable formats. o Draft Report – Prepare a draft Limited Summary Value Analysis Report for review by the Town. o Draft Report Meeting – One meeting is contemplated between the Project Team and the Town. It is anticipated that upon completion of such meeting, sufficient comments and direction from the Town staff will be provided whereby the team can finalize the Limited Summary Value Analysis Report. Willdan Financial Services Page 5 o Final Report – Copies of the final Limited Summary Value Analysis Report will be provided to the Town. o Presentation to Town – The Project Team will present the findings of the Limited Summary Value Analysis at one (1) meeting of the Town. Additional Services The Town may also be interested in professional services beyond those typically included in preforming a fair market value appraisal of the utility system. Such services would include aiding the Town in such things as: o Real Estate Appraisal: If requested, Willdan can work with the Town to identify a local land appraiser to conduct an appraisal of the utility system land and easements. The Land Appraiser will follow standard real estate valuation practices and techniques pursuant to USPAP for Special Purpose Property. This analysis will include on-site inspections as well as review of deeds and legal descriptions. o Field (Condition) Assessment: If requested, Willdan will work with the Town to identify a local engineer to conduct an on-site inspection of accessible Subject Assets. Services performed as part of this subtask include: • Visual inspection of above ground infrastructure to assess the degree to which the Subject Assets have been historically maintained. • Adjustments to asset listing, as necessary, to account for additional assets identified during field inspection that are not currently accounted for in Town’s accounting records. • Review Town’s operations and maintenance procedures to determine if appropriate to maintain current Subject Assets. • Documentation of field investigations including field notes, photographs, inspection report, etc. General Disclosure (i) Client is not looking to Willdan to provide, and Client shall not otherwise request or require Willdan to provide, any advice or recommendations with respect to municipal financial products or the issuance of municipal securities (including any advice or recommendations with respect to the structure, timing, terms, and other similar matters concerning such financial products or municipal securities issuances, including any revisions or amendments thereto); and (ii) The provisions of this Agreement and the services to be provided hereunder as outlined in the Project Approach are not intended (and shall not be construed) to constitute or include any Willdan Financial Services Page 6 municipal advisory services within the meaning of Section 15B of the U.S. Securities Exchange Act of 1934, as amended (the “Exchange Act”), and the rules and regulations adopted thereunder. PROFESSIONAL SERVICE FEES On the basis of the Scope of Services described herein, the Consultant’s total labor billings and all out- of-pocket costs and expenses directly chargeable to the work performed and described in the Scope of Services section of this Supplement will be performed for a fixed-fee of $15,000 unless additional services are specifically authorized in writing by the Client. Payment for the services associated with this project will be invoiced monthly based on the percentage of project completion. IN WITNESS WHEREOF, the parties have executed this Supplement 2 on the date(s) indicated below. Town of Lillington, North Carolina Willdan Financial Services By: _______________________________________ By: _____________________________________ (Signature) (Signature) By: _______________________________________ By: _____________________________________ (Name Printed) (Name Printed) Title: ________________________________________ Title: _____________________________________ Date: ________________________________________ Date: ____________________________________ Jeff McGarvey Vice President, Managing Principal AGENDA ITEM SUMMARY Date of Meeting: April 8, 2024 Staff Work By: Lindsey B. Lucas, Town Clerk AGENDA ITEM 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 SUMMARY This item was on the agenda at the last Board of Commissioners meeting. The item was tabeld to April 9, 2024 for further information. The information requested has not been obtained at this time. RECOMMENDED ACTION Table the 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 until all requested information has been received. AGENDA ITEM #6 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 shallany employee of the parties be construed as employees, agents, or principals of any otherparty to this Agreement. Each party agrees to assume the liability for its own acts oromissions, 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 ofNorth Carolina. The venue for initiation of any such action shall be Harnett County, NorthCarolina Superior Court. 3.Amendments and Modifications; Additional Policies and Procedures. This Agreement maybe modified or amended by mutual consent of the parties as long as the amendment isexecuted 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, relatingto 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 remainingprovisions shall in no way be affected or impaired thereby. 6.No Third Party Benefits. There are no third-party beneficiaries to this Agreement. Nothingin 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 whichshall be deemed an original, but all of which taken together constitute one and the sameinstrument. 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 providedocumentation reasonably requested by any party to this Agreement demonstrating suchcompliance. 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 AGENDA ITEM SUMMARY Date of Meeting: April 9, 2024 Staff Work By: Lindsey B. Lucas AGENDA ITEM Public Hearing for Temporary Closure of Town Streets for 2024 Cape Fear Fest. ITEM SUMMARY The Lillington Chamber of Commerce is requesting to temporarily close East Front Street & 700 Block of 1st Street. May 4, 2024 from 7:00 a.m. to 3:00 p.m. for the 2024 Cape Fear Fest. RECOMMENDED ACTION Approve temporary street closure AGENDA ITEM #7-7A AGENDA ITEM SUMMARY Date of Meeting: April 9, 2024 Staff Work By: Lindsey B. Lucas AGENDA ITEM Public Hearing on Consideration of Text Amendment to Article III: Administration, Chapter 32 Departments, Boards and Commissions, Planning Board §32.056 Composition; Terms of Members; Vacancies of the Town of Lillington Code of Ordinances ITEM SUMMARY Proposed Text Amendment to Article III: Administration, Chapter 32 Departments, Boards and Commissions, Planning Board §32.056 Composition; Terms of Members; Vacancies of the Town of Lillington Code of Ordinances RECOMMENDED ACTION Approve the Text Amendment to Article III: Administration, Chapter 32 Departments, Boards and Commissions, Planning Board §32.056 Composition; Terms of Members; Vacancies of the Town of Lillington Code of Ordinances AGENDA ITEM #8-8A 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 FY2024-17 AN ORDINANCE TO AMEND THE LILLINGTON CODE OF ORDINANCES 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 Code of Ordinance is amended as follows: PLANNING BOARD § 32.055 CREATION A Planning Board, hereinafter referred to as the “Board,” for the town and its environs is hereby created under the authority of the G.S. Ch. 160A, Art. 19. § 32.056 COMPOSITION; TERMS OF MEMBERS; VACANCIES The Planning Board shall consist of six members, three from the corporate limits of the town and three from the one-mile territorial jurisdiction, who shall be appointed by the Town Commissioners. Three members shall be appointed for a term of two years and three members shall be appointed for a term of one year. As the terms of these six members expire, new appointments for terms of two years shall be made. The appointment of members shall be made as vacancies occur by expiration of the term of office or at such other time as vacancies occur. The seat of any member who shall be absent from three unexcused consecutive regular monthly meetings shall be deemed to be vacant. 102 East Front Street ● P.O. Box 296 ● Lillington, North Carolina 27546 Phone: (910) 893-2864 ● Fax (910) 893-3607 ● www.lillingtonnc.com § 32.057 ORGANIZATION; RULES AND RECORDS (A)The Planning Board shall elect a Chairperson, Vice Chairperson and Secretary from among the appointed members, and may create such other offices as it may determine. All members shall be entitled to vote. Terms of all elected officers shall be for one year, with eligibility for re-election. (B)The Board shall adopt rules for its governance and for the transaction of its business, and shall keep a record of attendance at its meetings and of resolutions, transactions, findings and determinations showing the vote of each member on each question requiring a vote, or if absent or abstaining from voting, indicating such fact. The records of the Board shall be a public record. § 32.058 APPROPRIATIONS AND EXPENDITURES The Town Board shall make available to the Planning Board such appropriations as it may see fit for salaries, fees and expenses necessary in the conduct of its work. The Board shall have authority to expend all sums so appropriated and other sums made available for its use from grants, gifts and other sources for the purposes and activities authorized by this subchapter. § 32.059 POWERS AND DUTIES The Planning Board shall perform those powers and duties as expressed in the G.S. Ch. 160A, Art. 19, §§ 160A-361 and 160A-363. All provisions of any Town Ordinance or Resolution in conflict with this Ordinance are repealed. Adopted this 9th day of April, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk AGENDA ITEM SUMMARY Date of Meeting: April 9, 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 April 9, 2024 for the question of annexation for 19.330-acres being PIN #:0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000, & 0660-73- 5319.000 Case Number ANX-24-02. § 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 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 ORDINANCE FY2024-19 AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF LILLINGTON, NORTH CAROLINA WHEREAS, the Town of Lillington Governing Board has received a petition under G.S. 160A-31 for contiguous satellite annexation of the area described below; and WHEREAS, the Governing Board has by Resolution No. 2024-17 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. 2024-18 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 9th day of April, 2024, after due notice by publication on the 29th 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 April 9, 2024. The area proposed for annexation are 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, 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 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 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. Annexation Map Recorded in Map Book _______ - _______ Section 2. Upon and after April 9, 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 9th day of April, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk APPROVED AS TO FORM: Tony Buzzard, Town Attorney AGENDA ITEM SUMMARY Date of Meeting: April 9, 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 (Capeton, LLC) RECOMMENDED ACTION Approve Ordinance to Apply the Lillington Zoning Ordinance to the Newly Incorporated City Limits (Capeton, LLC) Suggested Statement of Consistency As stated in the evaluation, the requested zoning assignment to Neighborhood Mixed Use (NMX) 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 Neighborhood Mixed Use (NMX) 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-24-04 Landon Chandler, Planning Director Ltchandler@lillingtonnc.org Phone: (910) 893-0316 Fax: (910) 893-3693 www.lillingtonnc.org Planning Board: March 18, 2024 Town Commissioners: April 9, 2024 To rezone & apply zoning to seven parcels totaling approximately 20.53-acres located as pictured below. Applicant is proposing a Neighborhood Mixed Use (NMX) zoning district. Current Zoning on site is RA- 20M(County) and RS20(Town). This is a straight zoning request without supplied voluntary conditions. Applicant Information Owner of Record: Applicant: Name: Capeton, LLC Name: Same as owner Address: 8601 Six Forks Rd. Suite 270 Address: City/State/Zip: Raleigh, NC 27615 City/State/Zip: Property Description PIN(s): 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000, 0660-73- 5319.000, 0660-73-8532.000, 0660-73-9563.000, 0660-83-0488.000 Acreage: 20.53 Total Address/SR No.: Near the intersection of E. Cornelius Harnett BLVD. & Club Rd. Vicinity Map: Greater Capeton Project: Current Zoning on Site: Physical Characteristics and Existing Land Uses Site Description: The sites are currently used primarily as residential properties and vacant land. The 20.53-acre assemblage has access to water and sewer although ultimate capacity has not been studied. The surrounding land uses are Single Family Residential, Commercial, Institutional, and previously approved projects immediately adjacent. The owner/applicant is asking for it to be zoned for the uses listed in the NMX district. This classification encompasses many different potential uses as referenced on the use table below. P represents outright permitted, PS represents permitted with standards, S means Special Use Permit required, and a ”-“ would mean not permitted. Town of Lillington Land Use Plan: Single Family Residential Main Street Mixed-Use Gateways New Roads & Greenways County Land Use Plan: Environmental: Utilities: Services Available Water: Sewer: Other: HRW sewer most likely ☐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 Neighborhood Mixed Use Will Not have an unreasonable impact on the community as it is similar in nature to uses within this area such as previously approved projects adjacent. 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 predominantly Single Family Residential and Main Street Mixed Use. These classifications offer enough flexibility to accommodate many of the uses outlined within the Neighborhood Mixed Use district. The proposal does enhance or maintain the public health, safety and general welfare: REASONING: The requested rezoning to Neighborhood Mixed Use Would Maintain or enhance the public health, safety, and general welfare. The potential development of the parcels in question will likely bring improvements in access, transportation, utilities, and emergency service response. 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. 0660-73-6576NOT INCLUDED IN SURVEYTHYRON 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 SFS 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 L14L15L16L17L18L19L20CAPETON, LLCDB 4218, PG 1840PIN No. 0660-73-85320.542 ACRES23,590 SFCAPETON, LLCDB 4218, PG 1846PIN No. 0660-73-95630.331 ACRES14,408 SFCAPETON, LLCDB 4218, PG 1852PIN No. 0660-83-04880.572 ACRES24,930 SFL21L22L23L24L25L26L27 L28 L29 L30 E. CORNELIUS HARNETTBLVD.US HWY 421SITECEDAR GROVESCHOOL RDNEILLS CREEKRD LINE TABLELINE BEARING DISTANCEL1 N 65°00'05" W 49.02'L2 N 44°12'52" E 40.30'L3 N 46°36'14" E 154.97'L4 N 46°08'28" E 28.49'L5 N 44°36'19" E 25.05'L6 S 07°29'51" W 42.97'L7 S 57°27'12" E 39.85'L8 S 42°41'52" W 233.65'L9 S 42°41'52" W 111.38'L10 S 78°00'42" E 200.00'L11 N 42°59'18" E 113.18'L12 S 11°41'26" W 51.97'L13 N 10°35'07" E 17.52'L14 S 64°57'40" E 28.58'L15 S 74°48'04" W 22.66'L16 S 82°27'14" W 43.77'L17 S 64°49'47" W 32.66'L18 S 72°29'28" W 81.61'L19 S 85°25'30" W 60.90'L20 N 74°53'39" W 62.21'L21 S 78°18'03" E 152.77'L22 S 78°18'56" E 2.05'L23 S 78°18'56" E 115.88'L24 S 78°25'03" E 2.12'L25 S 78°25'03" E 120.21'L26 S 78°25'03" E 145.02'L27 S 11°44'16" W 154.47'L28 N 11°41'26" E 119.99'L29 S 11°37'55" W 119.85'L30 S 11°37'55" W 199.97'LEGEND(EIP)-EXISTING IRON PIPE FOUND(NIP)-NEW IRON PIPE SET(EIR)-EXISTING REBAR FOUND(PT)-COMPUTED POINT (NO MONUMENT FOUND OR SET)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 Rezoning Map.dwg, Thursday, January 18, 2024 1:38:17 PM, BDAYTON WR Job No.:DATE:SURVEYED BY:DRAWN BY:CHECK & CLOSURE BY:PROPERTY OFSHEET: OFNO SCALEVICINITY MAP02201372.401/18/2024WRBDBDCAPETON, LLC1 1NEILLS CREEK TOWNSHIP | HARNETT COUNTYNORTH CAROLINABOUNDARY SURVEYNGENERAL 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 27615NO R THCAROLINABENJAMIN 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 SURVEYORLICENSE 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.18January20241:20,000;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 ORDINANCE FY2024-20 AN ORDINANCE AMENDING THE TOWN OF LILLINGTON ZONING ORDINANCE PROPERTY OWNED BY CAPETON, LLC 20.53 ACRES PIN#’S: 0660-73-6096.000, 0660-73-3104.000, 0660-73-4138.000, 0660-73-5319.000, 0660-73-8532.000, 0660-73-9563.000, 0660-83-0488.000 HARNETT COUNTY RA-20M & RESIDENTIAL SINGLE FAMILY RS20 TO NEIGHBORHOOD MIXED USE (NMX) WHEREAS, a petition has been received from Capeton, LLC to rezone 20.53-acres from Harnett County RA-20M and Residential Single Family, RS20 to Neighborhood Mixed Use, NMX; 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 April 9, 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 Harnett County RA-20M and Residential Single Family, RS20 to Neighborhood Mixed Use, NMX and to amend the Lillington Zoning Map to show the area change: 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 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 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, 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 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 Adopted this 9th day of April, 2024 __________________________ Glenn McFadden, Mayor Attest: __________________________ Lindsey B. Lucas, Town Clerk