MINUTES OF MEETING OF THE CITY COUNCIL SANFORD, NORTH CAROLINA The City Council met at the Sanford Municipal Center, 225 E. Weatherspoon Street, on Tuesday, February 18, 2025, at 5:00 p.m., in Council Chambers. The following people were present: Mayor Rebecca Wyhof Salmon Mayor Pro Tem Mark Akinosho Council Member Byron Buckels Council Member Jean Dabbs Council Member Walter Ferguson Council Member Linda Rhodes Council Member Charles Taylor Council Member James Williams City Manager Hal Hegwer City Attorney Susan Patterson City Clerk Bonnie Bryant Deputy City Clerk Vicki Cannady CALLTO ORDER Mayor Salmon called the meeting to order and Mayor Pro Tem Akinosho led the invocation. The Pledge of Allegiance, led by Scouting America Troop 942, was recited (Scoutmasters Shannon Macon and Stefanie Twist; sponsored by St. Luke United Methodist Church). APPROVAL OF AGENDA Council Member Rhodes made a motion to add an item to the agenda under "Other Business" a Planning Board recommendation (Decision on a Public Hearing), on the application submitted for rezoning by Mark Lyczkowski. Mayor Salmon noted that Council would consider this matter under Other Business. Council Member Williams seconded the motion. Council Member Taylor noted that this is a conditional zoning item and those conditions would have to be presented to Council before a vote is taken regarding the decision on the rezoning request. Community Development Director Marshall Downey explained that these conditions are detailed in the staff report that is included within the Agenda Packet and will be included in staff presentation at the public hearing regarding the rezoning application, including any other conditions made in the Planning Board Meeting. Mayor Salmon called for a vote on the amended agenda. The motion carried six to one with Mayor Pro Tem Akinosho casting the dissenting vote. CONSENT AGENDA Deer Urban Archery Season Renewal - 2026 Season (Exhibit A) Release of Closed Session Minutes dated September 6. 2016 = Item #2 (filed in Minute Book #2) Release of Closed Session Minutes dated September 6, 2016 = Item #3 (filed in Minute Book #2) Ordinance Amending the Annual Operating Budget of the City of Sanford FY 2024-2025 - Utility Business (Exhibit B) Memorandum of Agreement between City of Sanford and Lee County (Exhibit C) Council Member Buckels made a motion to approve the consent agenda. Seconded by Council Member Ferguson, the motion carried unanimously. City Council Meeting February 18, 2025 SPECIAL AGENDA Proclamation Recognizing Reives Barber Shop (Exhibit D) Mayor Salmon read the proclamation and presented it to Jeannie Reives, who accepted it on behalf oft the Reives Family. Recognition of NC Main Street Champion Award for 2024 Kelli Laudate. Executive Director of Downtown Sanford, Inc., (DSI), explained that the DSI board selects a Main Street Champion annually and announced that this year's award goes to Council Member Linda Kelly Rhodes. She thanked her for her work, commending her on her optimism and advocacy for DSI. NEW BUSINESS Resolution in Support oft the Temporary Closure oft the Southern Half of the Buggy Building Parking Lot for the Purpose of the Sanford Farmer's Market on Saturdays. starting April 5, 2025, until November 15, 2025 (Exhibit E) Parks Administrator Caroline Jeffries presented the details of the proposed temporary closure of a portion ofthe Buggy Building Parking Lot. Council Member Dabbs made a motion to approve the Resolution ofthe Temporary Closure of the Southern Half of the Buggy Building Parking Lot for the Purpose ofthe Farmer's Market on Saturdays, starting April 5, 2025, until November 25, 2025. Seconded by Council Member Ferguson, the motion carried unanimously. Revision to Covenants (Exhibit F) City Attorney Susan Patterson explained that on December 3, 2024, Council approved the sale ofa vacant lot to Gary Jones, Trustee of the Cornerstone Legacy Trust, which is a small sliver of land to be added to his property. There were restrictive covenants approved for redevelopment land, as required. One of the restrictive covenants stated that construction must be initiated on the property within 360 days and completed within two years. Attorney Patterson noted that Mr. Jones has no plans for any type of construction because the property is too small. Mr. Jones' lawyer has requested that the City revise the covenants for this property. Attorney Patterson explained that she has removed Paragraph 6-B of the covenants, and replaced it with "reserved." Mr. Jones is requesting approval of the proposed revisions before the deed is recorded; the closing is scheduled for February 19, 2025. Council Member Buckels made a motion to approve the Revision of the Covenants for the vacant lot located on Hooker Street; PIN number 9642-54-5527-00. Seconded by Council Member Ferguson, the motion carried unanimously. Extension of Banking Services Contract (Exhibit G) Assistant City Manager Beth Kelly explained that First Citizens Bank was awarded the City's banking services bid in 2019 by providing a fixed rate monthly fee and the ability to offer all the services as requested. First Citizens Bank has agreed to extend our contract through October 31, 2025, at the same fixed monthly fee we are currently paying; no terms ofthe contract or services provided will change. Due to the impact that the upcoming mergers will have on our volume of receipts and payments, staff recommends extending this contract with First Citizens Bank through October 2025. Closer to October 2025, staffs should have a better understanding of payment and receipt volumes and we will be able to begin preparing a Request for Proposals for banking services. 2 City Council Meeting February 18, 2025 Council Member Rhodes made a motion to extend the Banking Services Contract. Seconded by Council Member Dabbs, the motion carried unanimously. Bond Order Authorizing the Issuance of Enterprise Systems Revenue Bonds ofthe City of Sanford. North Carolina (Exhibit H) Assistant City Manager Beth Kelly reminded Council of their approval of a resolution to move forward with the issuance oft the Enterprise Systems Revenue Bonds at the February 4, 2025, City Council Meeting. Mrs. Kelly reviewed the Bond Order, Authorizing the Issuance of Enterprise Systems Revenue Bonds for the City ofs Sanford, which is not to exceed the amount of$19 million for the force main project, as well as the lift station project (connecting Pittsboro) and paying off the Siler City debt. Council Member Dabbs made a motion to approve the Bond Order Authorizing the Issuance of Enterprise Systems Revenue Bonds of the City of Sanford. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously. DECISIONS ON PUBLIC HEARINGS Application by Axiom Development to rezone one vacant 8.47-acre tract of land with frontage on Sandy Creek Church Road (SR 1394) from Suburban Neighborhood (SN-12) to Campbell Creek Conditional Zoning District, Phase 2, to allow the development of a 29-lot residential subdivision via the site plan/subdivision plan conditional zoning process. The subject property is located on the east side of Sandy Creek Church Road, between Cool Springs Road (SR 1326) and Campbell Creek Subdivision, Phase 1. The subject property is identified as Lee County Tax Parcels 9633-69-3963-00 as depicted on Tax Maps 9634.04 and 9633.02. (Exhibit D Zoning Administrator Thomas Mierisch reminded Council that a public hearing was held on February 11, 2025, and the Planning Board met afterward and determined that the proposal was consistent with the Plan Sanlee because the overall density aligns with the density recommended for this area and voted unanimously to recommend approval. Topics of discussion among the Planning Board Members included the improvements to Sandy Creek Church Road and that the project engineer was taking the existing creek and low-lying areas into consideration in their design. Consider Vote to Approve a Statement on Long-Range Land Use Plan Consistency as it Relates to this Zoning Map Amendment Council Member Buckels made a motion that the proposed zoning map amendment is consistent with the Plan SanLee designation of Suburban Neighborhood because the associated project is a residential subdivision with detached single-family dwellings that includes sidewalks and an off-street trail with a density of 3.4 units per acre, which is slightly under the recommended density, but allows the designer to take into consideration the environmental conditions of the site. Seconded by Council Member Rhodes, the motion carried unanimously. Consider Ordinance Amending the Official Zoning Map Amendment of the City of Sanford. North Carolina (Exhibit J) Council Member Buckels made a motion to approve the Ordinance Amending the Official Zoning Map Amendment from SN-12 to Cambell Creek Conditional Zoning District, Phase II because it is reasonable and in the public interest based on the proximity ofthe site to Cool Springs Road and that Campbell Creek Conditional Zoning District, Phase I was approved in 2022, of which this is a continuation. This recommendation inçludes the following condition as agreed to by the applicant and 3 City Council Meeting February 18, 2025 property owners, in addition to those conditions already proposed as part oft the rezoning submittal: (6) Sandy Creek Church Road must be paved to NCDOT standards and re-accepted by NCDOT for maintenance. Seconded by Council Member Ferguson, the motion carried unanimously. Application by Black Bear of Lee County, LLC, to rezone 1410 Hawkins Avenue and an adjoining vacant lot from Light Industrial (LI) to Urban Neighborhood (UN-6). The subject property is comprised of two parcels of land totaling 1.8 acres that are bounded by Veterans' Way (formerly Webb Street), Landis Street, Wayne Street, and Hawkins Avenue to create a City block. The subject property isi identified as Lee County Tax Parcels 9643-66-6766-00 and 9643-66-861 5-00 as depicted on Tax Map 9643.02. (Exhibit K) Zoning Administrator Thomas Mierisch explained that this is a standard general use rezoning, which will allow for all land uses allowed in the UN-6 zoning designation. The developer intends to develop townhomes; however, the site could be developed with detached single-family. He reminded Council that a public hearing on this request was held on February 11, 2025, and the Planning Board met following the public hearing and voted unanimously to recommend approval of this request. Topics of discussion among the Planning Board Members included the fact that this area appears to be in transition from an industrial area to a mixed residential and commercial area; it would encompass an entire City block. Council Member Taylor requested that he be recused from the two votes on this item since he owns nearby property. Council Member Buckels made a motion to recuse Council Member Taylor from the two votes on this item. Seconded by Mayor Pro Tem Akinosho, the motion carried unanimously. Consider Vote to Approve a Statement on Long-Range Land Use Plan Consistency as it Relates to this Zoning Map Amendment Council Member Rhodes made a motion that this request is consistent with the Plan SanLee designation of Maker District because home occupations are allowed in residential zoning districts. Seconded by Council Member Dabbs, the motion carried unanimously. Consider Ordinance Amending the Official Zoning Map Amendment of the City of Sanford, North Carolina (Exhibit L) Council Member Buckels made a motion to approve the proposed zoning map amendment for Light Industrial (LI) to Urban neighborhood (UN-6) because it is reasonable and in the public interest since it would allow infill development in an area that is transitioning from industrial to residential. Also, the site appears to have access to public water, sewer, and streets. Seconded by Council Member Rhodes, the motion carried unanimously. Application by Johnny Ray Faircloth and Got Dirt, LLC. to rezone six (6) adjoining tracts ofland totaling 106 acres +/- with frontage on and/or access from Tramway Road / NC Highway 78. Pine Acres Driveor L&S Drive, as identified as Lee County Tax Parcels 9641-48-6099-00. 9641-58-5405-00. 9641-57-8520- 00. 9641-66-3129-00. 9641 1-66-2871 -00, and 9641-67-7317-00 as depicted on Tax Map 9641.021 and 9641.02, from Suburban Neighborhood (Medium)(SN-9) and Light Industrial (LI) to Urban Neighborhood (UN-6). The subject property includes 2703-2741 Pine Acres Drive (all of Pine Acres Mobile Home Park). in addition to 5 vacant tracts of land. (Exhibit M) Zoning Administrator Thomas Mierisch explained that a public hearing was held on February 11, 2025 for this request. The Planning Board met following the public hearing and voted unanimously to recommend that Council approve this standard rezoning request. The Planning Board determined that this request is consistent with the Plan SanLee Long Range Plan and topics of discussion included the fact that this area is experiencing residential growth. The site has direct access to Tramway Road and would 4 City Council Meeting February 18, 2025 permitting access to existing neighborhoods, which would allow for more connectivity, utility connections, and walkability to neighborhoods such as Brookhaven. Consider Vote to Approve a Statement on Long-Range Land Use Plan Consistency as it Relates to this Zoning Map Amendment Council Member Ferguson made ai motion that the proposed zoning map amendment is consistent with the Plan SanLee designation of Suburban Neighborhood because seven units per acre is the high end ofthe encouraged development density, which is (6,223 square feet) close to the UN-6 minimum lot size of 6.000 square feet. Seconded by Council Member Dabbs, the motion carried unanimously. Consider Ordinance Amending the Official Zoning Map Amendment of the City of Sanford, North Carolina (Exhibit N) Council Member Rhodes made a motion to approve the proposed zoning map amendment from Suburban Neighborhood (Medium) (SN-9) and Light Industrial (LI) to Urban Neighborhood (UN-6) because it is reasonable and in the public interest since it would allow infill development in an area that has existing residential subdivisions along busy roadways. Also, the site appears to have access to public water, sewer, and streets. Seconded by Council Member Dabbs, the motion carried unanimously. Application by the City of Sanford to assign a zoning district to land that was annexed into the corporate City limits as required by State law. The subject property was annexed on November 19. 2024. but the associated rezoning request to rezone to a site plan/subdivision plan conditional zoning district was withdraw prior to the City Council taking action due to unresolved issues regarding serving the site with public sanitary sewer. At this time, with the property owner' s permission. staffi is proceeding with asking the City to keep the existing zoning of Residential Agricultural (RA) assigned to this property until such time as the property owner is ready to move forward with a rezoning request appropriate for the proposed future development of the site. The subject property is 18.34 acres of land. comprised of two adjoining parcels with frontage on the north side of Center Church Road, between the Pine Reserve Apartments (under construction) and Tramway Elementary School. One parcel is developed with a house addressed as 264 Center Church Road and the other parcel is vacant. The subject property is identified as Lee County Tax Parcels 9631-34-3479-00 and 9631-34-661: 13-00 as depicted on Tax Maps 9631.01 and 9631.03. (Exhibit O) Zoning Administrator Thomas Mierisch reminded Council that this property was annexed into the City limits at the request of the property owner on November 19, 2024, with the intention of moving forward with the residential subdivision; however, that rezoning request was withdrawn by the applicant to resolve some utility issues. In the meantime, State Law requires recently annexed property be assigned a zoning district. Staff is requesting City Council re-assign the existing RA Zoning District as a placeholder until such time as the property owner is ready to move forward. The Planning Board met following the public hearing on February 11, 2025, and voted unanimously to recommend City Council approve this request. They determined that the request was consistent with the Plan Sanlee Long Range Plan and they were favorable to assign RA Zoning District to this property as a placeholder. Consider Vote to Approve a Statement on Long-Range Land Use Plan Consistency as it Relates to this Zoning Map Amendment Council Member Rhodes made a motion that the proposed zoning map amendment is consistent with the Plan SanLee designation of Mixed-Use Activity Center because this place type is supportive of single-family dwellings, even though they are required to be detached in the RA District. Seconded by Council Member Dabbs, the motion carried unanimously. 5 City Council Meeting February 18, 2025 Consider Ordinance Amending the Official Zoning Map of the City of Sanford, North Carolina (Exhibit P) Council Member Dabbs made a motion that the City Council approve the proposed zoning map amendment to keep the existing zoning of Residential Agricultural (RA) assigned to the subject property that was annexed into the corporate City limits on November 19, 2025. Seconded by Council Member Rhodes, the motion carried unanimously. RECESS A recess was taken at 5:45 p.m. and Mayor Salmon reconvened the meeting at 6:00 p.m. CASES FOR PUBLIC HEARING held jointly with the Planning Board at 6 P.M. Public Hearing on Annexation Public Hearing on Non-Contiguous Annexation of 161.92 +/- Acres from Juan Arocho, Bobby Hall Trustee. Lynn Jones Heirs. and Cornelia Spivey Heirs (Exhibit Q) Mayor Salmon opened the public hearing. Long-Range Planning Administrator David Montgomery explained that this request for annexation is being made, to connect to the City's public sewer system for an attached and detached single-family subdivision. Mr. Montgomery reviewed the five criteria required for non-contiguous annexation and confirmed the City's compliance with the criteria or exemptions from the criteria as described in the agenda packet. He reviewed the place type and allowed uses and noted that the proposed use of the property as a suburban subdivision does not seem to conform with the future land use plan. He confirmed that the site has access to public water but no public sewer is in the immediate area. All utility upgrades and street connections would need to be approved by the City of Sanford Public Works Department and any street connections must also be approved by North Carolina Department ofTransportation (NCDOT). If the annexation is approved, fire protection will be provided by Fire Station Number 3, which is less than 1.7 miles from this property; the property is currently in the Tramway Fire District. Mr. Montgomery reminded Council that the City has up to 60 days to assign a voting district and staffrecommends assigning the property to Electoral Ward One. Mark Lyczkowski, 1500 Stoneridge Road, Sanford, North Carolina, acknowledged that there are concerns about rezoning this property; however, those would be addressed during the rezoning public hearing for a proposed single-family, townhome community. This annexation is being requested to access public water and sewer; water is available on Pendergrass Road; however, a pump station will be required for sewer connection. Beth Blackman (with Timmons Group), 5410 Trinity Road Suite 102, Raleigh, North Carolina; Joshua Moehring, and Jeff Armstrong, 328 Saffron Court, Sanford, North Carolina; Adela Costello, 208 Greenwich Drive, Sanford, North Carolina; and, Karen (last name unreadable on the list with no address) declined to speak. Robert Costello, 208 Greenwich Drive, Sanford, North Carolina, expressed strong opposition to this annexation because it does not comply with the Plan SanLee Land Use Plan and it threatens the character ofSanford'si rural area. This proposal could lead to additional high-density developments in our area. Land within Countryside Place Type is intended to be preserved in its current state for the foreseeable future, protecting agricultural heritage and rural lifestyle from un-checked urbanization. The cost, demands for roads, emergency services, schools and utilities will ultimately fall on taxpayers. Ignoring staff recommendations could set a dangerous precedent, weaking the integrity of the planning 6 City Council Meeting February 18, 2025 process and open the door for uncontrolled growth. Studies indicate that high density developments near rural communities can depress surrounding property values. He requested Council uphold staff recommendation to deny this annexation request to keep our growth sustainable and in line with the values we all share. Robert Oster, 110 Waterfall Lane, Sanford, North Carolina, expressed opposition for this annexation, stating that he did not understand why the City would annex this property due to the proximity oft the nearby Waterview Estates. He suggested that few people in Sanford could afford these homes and pay the required taxes unless they have income from outside of Sanford. He indicated he would possibly support larger lots but not a development with this density in a rural setting. John Ramsperger, 905 Old Carriage Way, Sanford, North Carolina, spoke in support of this annexation request. While he understands some ofthe opposition, he does not consider this area as "rural." 99 We are growing here in central North Carolina, with more and higher-payingjobs; incomes are rising and we need more housing stock in this area. He suggested that an increased tax base would help pay for services and he considers this annexation as planned and managed growth. John Bonardi, 808 Pendergrass Road, Sanford, North Carolina, expressed strong opposition to previous comments that this area is not rural, insisting that this area has many characteristics of a rural community. He expressed opposition to the annexation and the development. He suggested that having 500 housing units placed on 0.25 acre lots is not appropriate in this area. With no other speakers, Mayor Salmon closed the public hearing. Consider Ordinanceto Extend the Corporate Limits ofthe City ofSanford, North Carolina (Exhibit R) Council Member Buckels made a motion to approve the Ordinance Extending the Corporate Limits of the City of Sanford, Sanford, North Carolina, and to assign the property to Electoral Ward One. Seconded by Council Member Rhodes, the motion carried unanimously. Public Hearings on Rezonings Application by Mark Lyczkowski to rezone ten (10) parcels totaling 163 acres +/- with frontage on Pendergrass Road (SR 1334) and Steel Bridge Road (SR 1318) from Residential Restricted (RR) and Rural Neighborhood (RN-20) to the Pendergrass Village Conditional Zoning District to allow the development of a residential subdivision comprised of 193 townhome lots and 352 single-family home lots (545 total lots) via the site plan/subdivision plan conditional zoning process. The subject property is identified as Lee County Tax Parcels 9622-86-4175-00 portion south of Steel Bridge Road, 9622-95-2482- 00.9622-84-7558-00 (202 Cove Ct), 9622-73-9610-00. 9622-93-0474-00, 9622-93-6341 1-00. 9632-03- 2570-00. 9632-04-6426-00. 9632-04-0732-00. and 9622-94-8305-00 (906 Pendergrass Rd) as depicted on Tax Maps 9622.02 and 9622.04. (Exhibit S) Note: This rezoning public hearing was held subject to the property being annexed into the corporate City limits; the public hearing was held earlier in this meeting (on February 181). Mayor Salmon opened the public hearing. Senior Planner Amy McNeill reviewed the details ofthe proposed Pendergrass Village Conditional Zoning District to allow the development of a residential subdivision comprised of 545 lots to be served by public water, sewer, and streets with sidewalks. She reviewed the Pendergrass Village Zoning conditions included within the Agenda Packet: the location on the property of the proposed uses; the number of dwelling units; the location/extent of supporting facilities such as parking lots, driveways, and 7 City Council Meeting February 18, 2025 access streets; the location and extent of buffer areas and other special purpose areas, the timing of development; the location and extent ofr rights-of-way and other areas to be dedicated for public purposes; and any other such conditions the applicant may wish to propose. There are four access entries to Pendergrass Road. A Public InfommationNegphboriond Meeting was held and major topics of discussion included: increased traffic that the project may create; the ability of Sanford' S infrastructure to handle the demands ofthis project; the proposed emergency access easement; and the number of access points. Ms. McNeill noted that staffis not supportive ofthis rezoning request because it would allow the development of an urban residential neighborhood in a rural area with a design illustrating a minimum lot size that is 6,000 square feet, as opposed to the 30,000 square foot minimum, and the 20,000 square foot minimum in the current Rural Neighborhood (RN-20) zoned area, with a density of 3.5 units per acre instead oft the 1-2 units currently allowed. This request does not align with the Plan. SanLee designation of Countryside and does not fit harmoniously with the surrounding property. Mark Lyczkowski, 1500 Stoneridge Road, Sanford, North Carolina, gave a power point presentation (Exhibit T) and stated that in 2023 Council approved a rezoning request for Glenn Godfrey, which consisted of 191 acres with 600 units and noted that this was annexed without any conditions. He explained that this request is very nearby, has more land with fewer units and it has 30 conditions attached. Multiple plans have not aligned with the Land Use Plan, but have been approved. At a recent workshop, staff informed Council, "the Land Use Plan is a 25-30-year vision of where and how the city should grow; it is not a blueprint for how every, parcel with. the plan should be built. Reliance solely on the Land Use Plan to determine approval or denial of a request is no longer reliable as it was five years ago. The adopted land use plan illustrates a 30-year vision but it does not address where/when growth should occur. : Although staffis not recommending approval ofthis request, they have expressed that the rezoning request does conform to the Land Use Plan SanLee. Sanford has experienced tremendous growth in the past few years and the land use plan needs to be updated SO that developers will know where the infrastructure is SO that growth can move in that direction. He noted that the pump station would open approximately 1,600 acres toward Tramway Shopping Center, which will open a gravity sewer basin to other properties in this area. Chancellor's Ridge, which he developed as a satellite annexation, is currently on septic tanks since sewer was not available in that area when it was developed. He referenced correspondence that he had with North Carolina Department of Transportation (NCDOT), regarding traffic counts and terms of congestion, specifically 1,200 cars per day, which NCDOT does not consider congested. Mr. Lyczkowski explained that NCDOT has requested him to provide a 75-foot left turn lane onto Pendergrass Road. He met with Chancellor's Ridge HOA and gleaned that they wanted a 4-way stop sign at the intersection of Pendergrass Road and Franklin Drive and NCDOT had since informed them that a 4-way stop sign is not needed at this location, at this time. He approached the NCDOT concerning a traffic study for this project and the response he received was that a traffic study was not required for this development. Community Development Director Marshall Downey responded to the staff quotes mentioned by Mr. Lyczkowski. The comments that Mr. Lyczkowski referenced were from the January 2025 Council workshop during a staff presentation involving staffs' approach to land use and planning. It is somewhat disingenuous for Mr. Lyczkowski to use that information to suggest in some way staffis providing mixed signals. He agrees we are in flux and that was the point ofthe workshop; the land use plan is a 25-30-year vision, but the real question is will it be a developer driven process as it typically has been verses looking at better ways of addressing issues. These statements were made to Council for context. Mr. Lyczkowski noted that he has tried to address every concern that was brought to his attention and if there are future concerns, he will do everything possible to satisfy those concerns. He added that 8 City Council Meeting February 18, 2025 developers must have 3.5 lots per acre to afford the mandates from the Unified Development (UDO) requirements. Grant Welch, 801 W. Castle Court, Sanford, North Carolina, who was unable to attend the meeting but submitted an email which was read by Ms. McNeill expressing his opposition to this rezoning request, stating significant concerns regarding road infrastructure, increase in traffic, traffic safety, lack of adequate NCDOT traffic count, inconsistency with the Long Range Plan SanLee, and the acknowledgement of the City of Sanford Planning staff that they do not recommend approval of this project. Beth Blackman declined to speak. Joshua Moehring, 328 Saffron Court, Sanford, North Carolina, expressed opposition to this rezoning request, citing concerns with roads, lot sizes, density, proposed emergency road access, connecting roads, and questioned whether the applicant has adequately addressed all the concerns that were expressed. He suggested that this development does not conform to the existing area. Jeff Armstrong, 329 Saffron Court, Sanford, North Carolina, expressed concern about school capacity, traffic. He is opposed to this request because of the high-density and the increased traffic it will create in this area. Robert Costello, 208 Greenwich Drive, Sanford, North Carolina, spoke in opposition, stating that his primary concern is the project' s high density, which he suggested is not appropriate for this area. There will be a strain on the demand for Police and Fire protection, trash pick-up, school bus routes, water service, traffic and will affect existing property values. Mr. Costello expressed concern regarding water runoff, the property did not pass a perk test, and noted that the means of egress through Franklin Chase Development is not needed and asked that it be removed. He suggested that the map presented at this meeting is not the same as the map that was approved by the Technical Review Committee (TRC). Recess A recess was taken at 7:55 p.m. and Mayor Salmon reconvened the meeting at 8:05 p.m. Council Member Rhodes requested staff address the comment made by Robert Costello regarding the failed perk test; as well as the comment that the map presented at this meeting is not the same as the same map that was approved by the Technical Review Committee (TRC). Zoning Administrator Thomas Mierisch explained that TRC reviewed the concept for this project and approved it in December 2024. A legal description was determined (you cannot annex portions of another development, in this case, Waterview Estates). The roadway connection was removed and the map was re-evaluated. The project proposed at this time meets all the base subdivision standards; it has two means ofingresslegress, and an emergency connection for Franklin Chase. Staff felt it was not necessary to delay the project further or require further TRC approval because it meets all the required standards. Mark Lyczkowski confirmed that they obtained Geotech to collect soil samples for testing for this project, and they also had an environmentalist Phase I test conducted on this property to determine suitability of environmental issues. Tenera Bush, 237 Saddlebrook Drive, Sanford, North Carolina; Adela Costlow, 208 Greenwich Drive, Sanford, North Carolina; and Robert Oster, 110 Waterfall Lane, Sanford, North Carolina, declined to speak. 9 City Council Meeting February 18, 2025 John Ramsperger, 905 Carriage Way, Sanford, North Carolina, expressed support for this project and although he does not disagree with concerns concerning density, if this subdivision were less dense, it would increase the home price. He suggested that denying this request would discourage local developers. Regarding data from competing surveys, Ms. McNeill clarified that Mr. Costello had his property surveyed, which adjoins the right-of-way at the end of Greenwich Drive. Mr. Costello explained that he has not seen a survey from Mark Lyczkowski. From the survey that he had done, it does not appear there is adequate space for a right-of-way. Mr. Lyczkowski has said he has made a lot of concessions but he does not believe this is one of his concessions. Ms. McNeill clarified that the emergency access would not need a 55-foot right-of-way; it is a 30-foot access easement, and will require a full 55-foot right-of- way for a full public street. Mark Lyczkowski clarified that there is an 80-foot strip of land that is the right-of-way on this property. When he first submitted this project to TRC, it showed Greenwich Drive tying in to a full 55-foot right-of-way into a stubbed road. This is when Franklin Chase became concerned, because they saw a full public city road going by their lot, tying into this development. Mr. Lyczkowski suggested that this 80-foot strip ofland is a huge concession. Long-Range Planning Administrator David Montgomery explained that originally, Greenwich Drive connected to the stubbed road on this property. Staff prospective was that this was a very bad angle and suggested it would be better to stub this road and tie into Greenwich Drive, which will be much safer and it could also provide an emergency access. Mr. Lyczkowski explained that this emergency access will meet the 30-feet requirement and that it will remain an emergency access, not a permanent public road. With no other speakers, Mayor Salmon closed the public hearing. Application by Otter Creek Properties, LLC to rezone six (6) parcels totaling 4.5 acres +/- with frontage on Palamino Drive (private road) and Dogwood Acres Drive (private road) from Suburban Neighborhood (SN-12) to the Palamino Townhomes Conditional Zoning District to allow the development of a 34-lot townhome residential subdivision via the site plan/subdivision plan conditional zoning process. The subject property is identified as Lee County Tax Parcels 9631-47-8940-00. 9631-57-3905-00, 9631-57- 3608-00, 9631-57-0997-00. 9631-58-0192-00. and 9631-48-8041-00 as depicted on Tax Map 9631.02. (Exhibit U) Mayor Salmon opened the public hearing. Senior Planner Amy McNeill reviewed the details of the rezoning request. She explained that Dogwood Acres Drive and Palomino Drive are private roads and the portions ofthese roads will be brought up to City standards by the developer and accepted for maintenance by the City of Sanford. The overflow parking lot will be asphalt-paved. A neighborhood meeting was held and a complete list of topics of discussion is included within the agenda packet. Staff is supportive of this rezoning request because it would allow the development oftownhomes in an area that adjoins multi-family development, a residential subdivision, and a commercial development fronting Westover Drive on land that was planned for residential single-family home development in the 1960's. Applicant representative Martha Bright, 1920 Phillips Drive, Sanford, North Carolina, stated that following the neighborhood meeting they have agreed to pave Palomino Drive and Dogwood Acres Drive entirely. There are currently six homes in the neighborhood; three ofwhich are rentals. They are upgrading the existing 2-inch line to a 6-inch water line at the intersection of Dogwood Acres Drive and Palomino Drive, which will continue through the subdivision. 10 City Council Meeting February 18, 2025 Timothy DuBois, 917 Bent Creek Court, Sanford, North Carolina, spoke in favor, stating that he is a real estate broker working with the property owners. Mark Leone, 4908 Palomino Drive, Sanford, North Carolina, spoke in opposition, stating there are eight homes involved where Palomino Drive and Dogwood Acres Drive meet; there are two homes on the south side of Palomino Drive that will be using that same intersection. He mentioned the proposed improvement to Highway US 1-15-501 (State Project U5727) which is proposed to begin in 2029. He questioned if there were any height restrictions for the proposed townhomes and if privacy for the existing residential homes had been considered. He expressed concern about the height restrictions for the proposed townhomes. Lisa Hinesley, 1715 Greenwood Road, Sanford, North Carolina, spoke in opposition to the proposed development. She expressed concern about increased traffic, road maintenance, growth in this area, and school traffic. With no other speakers, Mayor Salmon closed the public hearing. Application by Rollingdale Investment, LLC to rezone 20.44 acres +/- off of Carthage Street (SR 1237) from Urban Neighborhood (UN-6) to Multi-family (MF-12) to allow the development ofa multi-family apartment community. The subject property is located between 1443 Carthage Street and 1601 Carthage Street and is identified as portions of Lee County Tax Parcels 9642-11-6991-00 and 9642-11-2504-00 (1509 Carthage Street) as depicted on Tax Map 9642.03. (Exhibit V) Mayor Salmon opened the public hearing. Senior Planner Amy McNeill explained the details of this rezoning application as described in the agenda packet. This is a standard general use rezoning request; therefore, no site-plan or subdivision-plan is required. She reviewed the location of the proposed development, existing and proposed zoning, permitted uses, and transportation, noting that the subject property has no public road connection as detailed in the agenda packet. Staff is supportive of this request since it will allow the development of multi-family dwellings in an area that already has several multi-family apartment communities; the site has access to water and sewer and it aligns with the Plan Sanlee. Mayor Salmon opened the public hearing. Josh Swindell 4201 Yadkin Drive, Raleigh, North Carolina; and Kevin Dean, 300 S. Main Street, Holly Springs, North Carolina, declined to speak. Andy Petty with Currie Engineering Group, 205 S. Fuquay Avenue, Fuquay Varina, North Carolina, stated that a Traffic Impact Analysis was completed for this project, along with preliminary sewer studies of the site. Keith Phillips 1615 Carthage Street, Sanford, North Carolina, expressed opposition to this request, noting that the original proposal was for 100 single-family homes and 35 townhomes, which has been changed to 80 single-family homes and 240 apartments. He suggested that Sanford needs to slow the growth rate and make sure that all the infrastructure for growth is in place. He commented on problems with litter, noise, and traffic in the City of Sanford. With no other speakers, Mayor Salmon closed the public hearing. 11 City Council Meeting February 18, 2025 The Planning Board retired to the West End Conference Room at 9:15 p.m. REGULAR AGENDA There were no items on the regular agenda. OTHER BUSINESS Closed Session Council Member Rhodes made a motion to go into closed session in accordance with N.C.G.S. 143.318.11(a)(), to prevent the disclosure ofinformation that is privileged or confidential pursuant to the law of the State. Seconded by Council Member Ferguson, the motion carried unanimously. RETURN TO REGULAR SESSION Decision on Public Hearing Application by Mark Lyczkowski to rezone ten (10) parcels totaling 163 acres +/- with frontage on Pendergrass Road (SR 1334) and Steel Bridge Road (SR 1318) from Residential Restricted (RR) and Rural Neighborhood (RN-20) to the Pendergrass Village Conditional Zoning District to allow the development of a residential subdivision comprised of 193 townhome lots and 352 single-family home lots (545 total lots) via the site plan/subdivision plan conditional zoning process. The subject property is identified as Lee County Tax Parcels 9622-86-41 175-00 portion south of Steel Bridge Road. 9622-95-2482- 00. 9622-84-7558-00 (202 Cove Ct), 9622-73-961 0-00, 9622-93-0474-00. 9622-93-6341 1-00, 9632-03- 2570-00, 9632-04-6426-00, 9632-04-0732-00. and 9622-94-8305-00 (906 Pendergrass Rd) as depicted on Tax Maps 9622.02 and 9622.04. (Exhibit W) Caumiiundorgulirsin at 9:35 pm; Planning Board representatives returned at 10:15 pm. After the Planning Board met, Community Development Director Marshall Downey provided Council with a document of all the specific conditions applicable for the Pendergrass Village Conditional Zoning District, which were included in the Agenda packet. The Planning Board had a lengthy discussion of this proposal, which was mainly focused on the existing character of the neighborhood and the impact this project has; however, they also understood that for development to occur, density was needed. The Planning Board voted four-to-two in favor, that the project was consistent with the Long-Range Plan SanLee, based on the fact that Council approved the non-contiguous annexation request for this property and that some ofthe examples given during the public hearing were very similar to this request; however, they recommended by a four-to-two vote to deny the rezoning request, based primarily on the existing character of neighborhood, which most are much lower density than the density proposed in this rezoning request. There was an additional condition (Condition number 31) offered to the Planning Board by Mr. Lyczkowski, which was a six-foot brown, vinyl fence installed along the Waterview Estates boundary line; however, the Planning Board did not accept the offer because of process and protocol concerns suggested by the Planning Board Attorney, which was that the 6-foot brown, vinyl fence condition was not presented during the public hearing and the neighbor who wanted the fence installed did not speak during the public hearing. Furthermore, another neighbor expressed that the condition should not be accepted because it was not offered during the public hearing. Mr. Downey explained that the conversation between Mr. Lyczkowski and the neighbor requesting the six-foot fence, transpired on the way to the Planning Board meeting after the public hearing was closed. Applicant Mark Lyczkowski explained to Council that he had a conversation with one of the landowners in the Waterview Estates, whose property adjoins the townhomes and voiced concern that the townhomes backed upt to his lot. Mr. Lyczkowski noted that there is no buffer between Waterview Estates and the townhomes; therefore, he made a comment to this individual that he understood why the property owners on Waterview Estates needed a definitive buffer; sO, he made the offer to install the 6-foot, brown 12 City Council Meeting February 18, 2025 vinyl fence along this property line and committed to installing the fence along the entire length between the townhome community property and Waterview Estates. Mr. Lyczkowski acknowledged that he is still committed to this condition. He also noted that he made clear during the public hearing, that if Council or the Planning Board wanted to add any additional conditions, that he would be willing to consent to the conditions. Consider Vote to Approve a Statement on Long-Range Land Use Plan Consistency as it Relates to this Zoning Map Amendment Council Member Buckels made a motion that the proposed zoning map amendment is consistent with the Plan SanLee designation ofCountryside because single-family homes are an encouraged residential land use in this place type and the proposed project associated with this conditional rezoning request includes single-family detached homes as one ofthe proposed land uses. Seconded by Council Member Rhodes, themotiond carried by a six toone vote, withMayor Pro lemAkinoshocastingtne dissenting vote. Consider Ordinance Amending the Official Zoning Map Amendment of the City of Sanford, North Carolina (Exhibit X) Council Member Buckels made a motion to approve the proposed zoning map amendment from Residential Restricted (RR) and Rural Neighborhood (RN-20) to the Pendergrass Village Conditional Zoning District because the land was recently annexed into the corporate City Limits and may therefore utilize the city services (public sewer, trash pick-up, etc.) that would allow for a higher density development than other property in the area that remains in Lee County. Council Member Taylor suggested amending the motion to include the specific conditions applicable for the Pendergrass Village Conditional Zoning District, which were stated by staff during the public hearing, as well as the. 31St condition added by Mr. Lyczkowski to install a six-foot, brown, vinyl fence along the entire length of the townhome community property between Waterview Estates. Council Member Buckels amended his motion to include the specific conditions applicable for the Pendergrass Village Conditional Zoning District, which were presented during the public hearing, as well as the 315t condition added by Mr. Lyczkowski to install a six-foot, brown, fence along the entire length of the townhome community property between Waterview Estates. Seconded by Council Member Williams, the motion carried by a six to one vote, with Mayor Pro Tem Akinosho casting the dissenting vote. OTHER BUSINESS There was no other business. ADJOURNMENT Council Member Rhodes made a motion to adjourn the meeting. Seconded by Council Member Buckels, the motion carried unanimously. ALL EXHIBITS CONTAINED HEREIN ARE HEREBY INCORPORATED BY REFERENCE AND MADE A PART OF THESE MINUTES. Attest: Respeglfully Submitted, n n uA - 1. 2a L, Dm bul BONNIE BRYANT, CITY CLEEK REBECCA WYHOF SALMON, MAYOR 13