1 CITY COUNCIL AGENDA CITY OF SANFORD, NORTH

Transcription

1
CITY COUNCIL AGENDA
CITY OF SANFORD, NORTH CAROLINA
January 6, 2015, 7:00 P.M., CITY HALL
1.
MEETING CALLED TO ORDER
2.
INVOCATION
3.
PLEDGE OF ALLEGIANCE
4.
PUBLIC COMMENT
5.
APPROVAL OF AGENDA
6.
CONSENT AGENDA
7.
SPECIAL AGENDA
8.
CASE FOR PUBLIC HEARING
Public Hearing on Hawkins Avenue 8-Inch Sewerline Extension
9.
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(Page 3)
DECISIONS ON PUBLIC HEARINGS
A. Application by Kimcuc (Kim) Thi Michael to rezone a 1.0 acre +1- tract of land
addressed as 1100 Broadway Road, from Residential Single-family (R-20) to Office &
Institutional (O&I) Zoning District. The property is the same as depicted on Lee
County Tax Map 9662.03 as Tax Parcel 9662-03-7479-00 Lee County Land Records.
(Pages 4 6)
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—
—
.
Consider Ordinance Amending the Official Zoning Map of the City of Sanford,
North Carolina (Pages 7 8)
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—
B. Application by Elite Storage. LLC to rezone a 2.16 acre tract of land addressed as
2203 and 2205 Woodland Avenue from Woodland Storage Conditional Zoning District
(Revision #1) to Woodland Storage Conditional Zoning District (Revision #2) to allow
for the development of a mini-warehouse storage business with revisions to the design
as previously approved in December of 2013. The property is the same as depicted on
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2
City Council Agenda
January 6,2015
Lee County Tax Map 9652.18 as Tax Parcel 9652-31-5835-00 Lee County Land
Records.- (Pages 9—13)
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C. Application by Ryder Downs. LLC to rezone 50.11 acres from the current zoning of
MF-12 Multi-family Residential Conditional Zoning District to Ryder Downs
Apartments & Lakeview Townhomes MF-12 Multi-family Residential Conditional
Zoning District (Revision # 1) to allow for the development of a multi-family apartment
and townhome community with revisions to the design as previously approved in
October of 2006. The subject property is located along the west side of Pendergrass
Road, just north of the intersection of Belford Drive and includes property formerly
addressed as 1718 and 1726 Pendergrass Road and currently addressed as 500-583
Ryder Lake Drive, 100-328 Saddlebrook Drive and 400-478 Trotter Drive. The subject
property is the same as depicted on Tax Map 9631.01, Tax Parcel 9631-36-3857-00,
Lee County Land Records Office.- (Pages 20 23)
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10.
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REGULAR AGENDA
A. Consider Resolution of the City Council of the City of Sanford, North Carolina
Providing for the Issuance of $8,500,000 General Obligation Public Improvement
Bonds, Series 2015 of the City of Sanford, North Carolina (Pages 27 39)
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B. Consider Ordinance Amending the Annual Operating Budget for the City of Sanford
Fiscal Year 2014-2015 (Pages 40 41)
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C. Consider Appointment to the Sanford/Lee County Partnership for Prosperity
42-43)
11.
OTHER BUSINESS
12.
ADJOURNMENT
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(Pages
3
Public Hearing on
Hawkins Avenue 8-Inch Sewerline Extension
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Sanford City Council
Recommendation of Sanford Planning Board Regarding
Application #540-2014-01 to Amend the City of Sanford Zoning Map
Meeting Date: January 6, 2015
RECOMMENDATION FROM PLANNING BOAR]):
The Sanford Planning Board recommends that the Sanford City Council support the
request to rezone a one acre tract of land addressed as 1100 Broadway Road from
Residential Single-family (R-20) to Office & Institutional (O&I) District as it is
consistent with the 2020 Land Use Plan because, even though the plan does not identifi a
specific land use for the subject property, the recommendation takes the current
development trends of the neighborhood and the surrounding zoning districts into
consideration. Further, the board finds that the rezoning request is reasonable and in the
public interest because of the mix of uses in the area, which includes existing non
residential development (churches, a daycare and a vegetable stand), the location along a
busy street which serves as a main connector between the City of Sanford and the Town
of Broadway, and the availability of public water.
REZONING REPORT FROM DECEMBER 16, 2014 AGENDA
APPLICANT & PROPERTY OWNER: Mrs. Cuc (Kim) Thi Michael
REQUEST: Rezone from Residential Single-family (R-20) to Office & Institutional
(O&I) District
LOCATION: 1100 Broadway Road, Sanford, NC 27332
TOWNSHIP: Jonesboro
TAX PARCEL NO.: Tax Parcel 9662-03-7479-00, as depicted on Lee County Tax Map
9662.03
ADJACENT ZONING:
North: Residential Single-family (R-20) and Residential-Mixed (R-6), Opposite
Broadway Road
South: Residential Single-family (R-20)
East:
Residential Single-family (R-20)
West: Residential Single-family (R-20)
Introduction
In October of 2014, Mrs. Kim Michael met with staff to discuss her intent to convert an
existing single-family home that she had recently purchased into a beauty salon. Mrs.
Michael is a cosmetology instructor at the local community college and has expressed an
interest in opening a beauty salon given the number of graduates that have expressed a
need for additional places of employment in the area. Upon review of the redevelopment
requirements, Mrs. Michael decided to pursue this project and submitted a rezoning
request for consideration by the respective boards.
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540-0 1
Site and Area Description
The subject property is comprised of a 1.0 acre tract of land located off of Broadway
Road, opposite Whip-Poor-Will Lane, that is developed with a 1,501sf ranch-style
single-family dwelling built in 1957. Uses in the area vary and include two churches, a
daycare, a vegetable stand, farm fields and single-family homes.
Utilities
The subject property appears to be served by public water and a private septic system. If
the rezoning is approved, the connection to the public water supply will need to be
approved by the City of Sanford Public Works Department to verify compliance with all
applicable regulations for commercial projects prior to a business use operating at this
location. The existing private septic system has been re-evaluated by the Lee County
Environmental Health Department and an approval is on file for a four chair beauty
salon, conditional upon rezoning the property to a commercial zoning district which
permits the proposed use.
Staff Analysis
The current zoning of Residential Single-family (R-20) district is established to provide
areas for low-density single-family uses, with a maximum of two dwelling units per acre.
It includes density and minimum lot size requirements in order to allow for market and
design flexibility while preserving the neighborhood character. The R-20 district requires
a minimum building setback of 30-ft from the public street right-of-way line, 30-ft from
the rear property line and 15-ft from the side property lines and the site as currently
developed appears to conform to these standards. A list of permitted uses for the R-20
zoning district is included within the agenda for your reference.
Regarding the existing non-residential uses in the immediate area, per the UDO (which
was adopted in January of 2006) churches are permitted by right in the R-20 zoning
district subject to development standards and both the farm use and the daycare use
would be permitted upon issuance of a Special Use Permit. It appears that the farm use
and the daycare use predate the UDO.
The proposed zoning district of Office & Institutional (O&I) is established to provide for
agencies and offices rendering specialized services and traditional institutional functions
(both public and private) including, but not limited to, governmental facilities, cultural
and recreational facilities, educational facilities and charitable institutions. The O&I
district requires a minimum building setback of 10-ft from the public street right-of-way
line with the required landscape buffer yard width determining the required rear and side
yard setbacks. As part of determining the requirements for the redevelopment of this site
into a beauty salon, a site plan for this project has been reviewed and appears to comply
with all site design standards for the O&I district. (The review of a site plan is not
required prior to rezoning the site to a standard zoning district, but the applicant wanted
to know how much parking, etc. would be required so that she could verify that she could
afford to convert the site if the rezoning request is approved.) A list of permitted uses for
the O&I zoning district is included within the agenda for your reference
Transportation
The subject property has 210-ft of road frontage on Broadway Road (SRi 579), which is
an NCDOT maintained public street. Any/all driveway changes or redevelopment plans
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for the site should be reviewed and approved by NCDOT. Mrs. Michael has contacted
NCDOT regarding this matter and is prepared to move forward with the driveway
permitting process if the rezoning request is approved.
The 2007 Lee County Comprehensive Transportation Plan references Broadway Road /
NC Hwy 42 as an existing boulevard that needs improvement. There are plans to widen
Broadway Road from S. Homer Blvd in Sanford to E. Harrington Avenue in Broadway
as per a Citizen Informational Workshop held by NCDOT in October of 2011. Staff has
referred the property owner to NCDOT for the latest information regarding the timing
and specifics of the project. Mis. Michael has indicated that she has received a letter from
NCDOT regarding the widening of the roadway and, if the rezoning is approved, she
plans to install all site improvements in a manner that takes the future roadway expansion
into consideration.
The NCDOT 2012 Traffic Study reports 14,000 vehicle trips per day on Broadway Road
approximately 2,200 feet east of the subject property, in front of an auto dealership at 816
E. Main Street/Broadway Road. There is a center turn lane in Broadway Road in front of
the subject property to assist with traffic flowing on & off of this roadway in a safe
manner.
Environmental & Local Overlay Districts
The subject property does not appear to be located within a Watershed Conservation
Overlay District, a Flood Hazard Area, the 421 Bypass Corridor, a designated local
historic district or the areas included within the adopted small area plans. Per the City of
Sanford Comprehensive Bicycle Plan adopted by the City Council on January 21, 2014,
there appears to be a proposed multi-use greenway trail with wide paved shoulders
recommended along Broadway Road in this area.
Development Standards
If rezoned, all of the uses permitted in the Office & Institutional (O&I) zoning district
would be allowed and any future redevelopment of the subject property will be required
to meet the current development standards of the UDO.
Conformance with the Sanford[Lee County 2020 Land Use Plan
The 2020 Land Use Plan Map does not identify a specific land use for the subject
property; therefore, when considering the zoning of this property, current development
trends and the surrounding zoning of the neighborhood should be considered.
Recommendation from Planning & Development Staff
Staff recommends that the Sanford City Council and Planning Board support this
rezoning request as it appears to be reasonable and in the public interest based on the
existing development in the area with a mix of uses which includes existing non
residential development (churches, a daycare and a vegetable stand), the location along a
busy street which serves as a main connector between the City of Sanford and the Town of
Broadway (14,000 vehicle trips per day), and the availability of public water. The 2020
Land Use Plan Map does not identify a specific land use for the subject property;
therefore, when considering the zoning of this property, current development trends and
the surrounding zoning of the neighborhood should be considered. Also, information
presented at the public hearing may provide additional information that should be
considered regarding a final decision on the requested zoning map amendment.
7
Ordinance 2015
-
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP
OF THE CITY OF SANFORD, NORTH CAROLINA
WHEREAS, a request to amend the Official Zoning Map has been received from Kimcuc (Kim)
Thi Michael to rezone a 1.0 acre +7- tract of land addressed as 1100 Broadway Road, and
depicted on Lee County Tax Map 9662.03 as Tax Parcel 9662-03-7479-00 Lee County Land
Records, from Residential Single-family (R-20) to Office & Institutional (O&I) Zoning District;
and
WHEREAS, said request has been presented to the Planning Board of the City of Sanford; and
WHEREAS, the City Council of the City of Sanford conducted a public hearing on December
16, 2014 to receive citizen input on the requested zoning map amendment; and
WHEREAS, the City Council of the City of Sanford approves the request to amend the Official
Zoning Map of the City of Sanford;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SANFORD:
The Official Zoning Map is hereby amended to rezone 1.0 acre +1- addressed as 1100 Broadway
Road, and depicted on Lee County Tax Map 9662.03 as Tax Parcel 9662-03-7479-00 Lee
County Land Records, from Residential Single-family (R-20) to Office & Institutional (O&I)
Zoning District. A copy of the subject property zoning map is included as Attachment A.
In making this decision, the City Council of the City of Sanford hereby finds that the proposed
ordinance is consistent with the Sanford & Lee County 2020 Land Use Plan because, even
though the plan does not identifi a specific land use for the subject property, the current
development trends of the neighborhood and the surrounding zoning districts are taken into
consideration. Further, the board finds that the rezoning request is reasonable and in the public
interest because of the mix of uses in the area, which includes existing non-residential
development (churches, a daycare and a vegetable stand), the location along a busy street which
serves as a main connector between the City of Sanford and the Town of Broadway, and the
availability of public water.
ADOPTED this the 6th day of January, 2015.
ATTEST:
T. Chet Mann, Mayor
Bonnie Davis, City Clerk
APPROVED AS TO FORM:
Susan C. Patterson, City Attorney
8
FRESH
BROADWAY ROAD
SUBJECT
PROPERTY
1010
1112
SHOOTING
CHILD D
CHURCH
Application by Kimcuc (Kim) TM Michael to Rezone
1100 Broadway Road from R-20 to O&I.
PIN No.: 9662-03-7479-00
NTS
s ige is tended as a apc represenbon & is not a legal document.
9
540-02
RECOMMENDATION FROM PLANNING BOARD:
request to rezone 2.16 acres addressed as 2203 & 2205 Woodland Avenue from
Woodland Storage Conditional Zoning District (Revision #1) to Woodland Storage
Conditional Zoning District (Revision #2) as it is consistent with the 2020 Land Use Plan
because it identifies the use for the subject property as mid/high density residentialoffice, which identifies areas that are appropriate for medium and high density residential
development, including single-family, duplexes, and multi-family developments as well
as office development, and the use proposed as part of this conditional zoning petition
(mini-warehouses) serves as an accessory use to these principal uses. Further, the board
took the 2012 and 2013 rezoning approvals into consideration in making this
recommendation and finds that the rezoning request is reasonable and in the public
interest based on the informationlconditions as presented in the petition and attachments
(such as the way the architecture of the office & mm-warehouse building is designed in
an office-like understated manner with the intention of integrating into the area as much
as possible while still maintaining the practical requirements for a successful business
as opposed to looking like a typical commercial mini-warehouse business and the
compliance with the landscaping requirements of the local zoning ordinance), the
availability of public utilities and the surrounding lands uses and zoning patterns in the
area.
-
APPLICANT & PROPERTY OWNER: Elite Storage, LLC
REQUEST: To rezone from Woodland Storage Conditional Zoning District (Revision
#1) to Woodland Storage Conditional Zoning District (Revision #2) to
allow for the development of a mini-warehouse storage business with
revisions to the design as previously approved in December of 2013.
LOCATION: 2203 and 2205 Woodland Avenue, Sanford, N.C. 27330
TOWNSHIP: Jonesboro
TAX PARCEL NO.: 9652-31-5835-00 as depicted on Tax Map 9652.18
ADJACENT ZONING:
North: Covington Place Elderly Housing Conditional Zoning District
South: Residential-Mixed (R-12)
East:
Residential-Mixed (R-12)
West:
Autumn Oaks Conditional Zoning District, opposite Woodland Avenue
Site History
Woodland Storage Conditional Zoning District (Original).
In January of 2013, the Sanford City Council approved a rezoning request by Mr. Terry
Stewart of T.L. Stewart Builders, Inc. to develop a mini-warehouse facility on two
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vacant tracts of land off of Woodland Avenue via the site plan specific conditional zoning
process. This approval was based on the rationale that the request appeared to be
reasonable and in the public interest based the informationlconditions as presented in the
conditional zoning petition (such as the elaborate brick wall along Woodland Avenue
which will screen most of the buildings from view and the intent to maintain as much of
the existing mature vegetation as possible), the availability of public utilities and based
on surrounding lands uses and zoning patterns in the area.
Woodland Storage Conditional Zoning District (Revision #1)
In December of 2013 (while the site was under construction). the Sanford City Council
approved a rezoning request by Mr. Kirk Bradley of Elite Storage, LLC to amend the
design standards of this conditional zoning district in a manner that would accommodate
the different business strategy of the new owner, Elite Storage, LLC. The following
conditions were modified:
• The number of mini-warehouse buildings was reduced from five to four with
Building 4 becoming an office & mini-warehouse combination building.
• The length of Building 2 was increased by 1 Oft with the additional footage located
inward towards the center of the site.
• The length of Building 3 was shortened by 5Oft in order to better accommodate
the detention pond & associated grading at the rear of the site.
• The front minimum building setback was increased from 30ft to SOft so that the
new office & mini-warehouse combination building (Building 4) was
flush/parallel with Building 1; thereby, creating a more visually appealing design.
• The amount of parking was increased from one parking space located parallel to
the entrance drive to add a parking area with two parking spaces at the front of the
site to accommodate the new on-site office use.
• The location and design on the landscape buffer yards remained the same, with
the exception of having to replace/replant the vegetation in the areas where it was
determined that it was too thin and unhealthy in appearance to meet the intent of
the landscape buffer yard and was subsequently removed by the original
developer.
• The exterior appearance of the new office & mini-warehouse combination
Building 4, which matches the architectural elevations included within this
agenda package, was approved.
• The colors and finishes of the buildings were to remain generally the same as
originally approved tans, dark greens, and brick; however, it was noted that
white may be used as a trim color on the new office & mini-warehouse building
(Building 4) and a rough split-faced block of a tanlgrey color was approved along
the bottom of this new building to provide a visually solid foundation.
• The colors and fmishes of the project monument sign were to remain generally
the same as originally approved; however, the sign was approved to be relocated
from the northern/left side of the drive to the southernlleft side of the drive as per
the revised site plan.
—
This approval was based on the rationale that the request appeared to be reasonable and
in the public interest based on the information/conditions as presented in the rezoning
request with attachments (such as the way the architecture of the office & mini
warehouse building was designed in an office-like and understated manner with the
intention of integrating into the area as much as possible while still maintaining the
practical requirements for a successful business as opposed to looking like a typical
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commercial mini-warehouse business and the compliance with the landscaping
requirements of the local zoning ordinance), the availability of public utilities and based
on surrounding lands uses and zoning patterns in the area.
Introduction
Woodland Storage Conditional Zoning District (Revision #2)
In November of 2014 (with a portion of the site still under construction), Mr. Kirk
Bradley of Elite Storage, LLC submitted a rezoning request to alter components of the
approved site plan associated with this conditional zoning district. Since the development
of this site was approved via a site plan specific conditional zoning district, any/all
changes to the site plan must be approved by the City Council. Please reference
information within the “Staff Analysis” section of this report for specifics regarding this
request.
The site is comprised of one legal lot totaling 2.16 acres +/- that is partially developed
with a mini-warehouse facility. At this time, the northwestern corner of the site is
currently occupied with a temporary modular office and gravel parking.
Utilities
This site is currently served by public water and sewer. New development must comply
with the rules & regulations of the Sanford Public Works Department regarding the
extension of and/or connection to public utilities.
Existing Zoning and Land Uses
The property adjoining to the north is zoned Covington Place Elderly Housing
Conditional Zoning District and is approved for development as a single-story 10building, 50-unit multi-family community for seniors age 55 and older with a community
center and on-site manager’s office. This project has yet to break ground and, of the five
tracts of land that comprise the Covington Place Elderly Housing site, three appear to still
be developed with single-family dwellings. The property adjoining to the south and east
is zoned Residential-Mixed (R-12) and is developed as Dairymple Park, a public park
that features baseball fields and basketball courts. The property to the west, opposite
Woodland Avenue, is zoned Autumn Oaks Conditional Zoning District and is developed
as a multi-family apartment community, with six three-story apartment buildings totaling
120 units and a community center with a manager’s office on site. There is also property
to the west, opposite Woodland Avenue, which is zoned Residential-Mixed (R-12) and is
developed as Jonesboro Presbyterian Church.
Staff Analysis
Woodland Storage Conditional Zoning District (Revision #1) is a Type 1 Conditional
Zoning District, which is a stand-alone district with it’s own unique conditions. This type
of zoning district is most suitable in situations where the current city’s zoning districts do
not accommodate the desired use(s) and where the owner/developer has a clear vision as
to how the property is to be developed. As such, applications for a Type 1 district require
that a detailed site plan and architectural elevations be included and the information is
legally binding on the land; therefore, the site has to be developed as per the approved
plans even if a property transfer were to take place.
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The following conditions are requested to be modified:
• The brick wall proposed to be constructed at the front of the site between
Woodland Avenue and the new office & mini-warehouse combination building
(Building 4) is proposed to be eliminated. The applicant/developer has indicated
that he feels that this is a redundant site feature since Building 4 will have a brick
exterior which will serve the same basic purpose as the brick wall and will also be
though not quite as elaborate as the brick wall that is
brick in appearance
currently required. There is an existing brick wall to the right of the main entrance
which would essentially mirror the brick wall that is currently required to the left
of the entrance. Reference the architectural elevations, the site plan/landscape
plan and the photos (with a photo key plan) which are included within the agenda.
Please note the brick wall proposed to be eliminated is illustrated on the far left on
the architectural elevations and is illustrated to the west/left of the “proposed
Building 4” and marked through in red on the site plan/landscape plan.
• Also, the wood fence proposed to be constructed along the northern property line
between the new office & mini-warehouse combination building (Building 4) and
the adjoining property zoned Covington Place Elderly Housing Conditional
Zoning District is proposed to be eliminated. The applicant/developer has
indicated that he feels that this fence is not needed for screening purposes since
there will be a 20ft landscape buffer installed between the property line and the
new office & mini-warehouse combination building (Building 4) and it is not
needed for security purposes since the building will connect to the existing site
perimeter fencing. Please reference the site plan/landscape plan within the agenda.
The wood fence proposed to be eliminated is marked through in red and is to the
north of the “proposed Building 4”.
—
All other conditions are proposed to remain the same as previously approved. As with the
original rezoning of the site, the information submitted as part of this revised rezoning
request are legally binding on the land; therefore, the site has to be developed as per the
approved plans even if a property transfer were to take place. Also, as a reminder, the
conditional zoning process is a negotiated zoning process and, as such, the Council
and/or Planning Board may request that certain conditions be considered or altered.
However, the petitioner must accept such conditions before inclusion in the conditional
zoning district.
Transportation
Woodland Avenue is a City maintained public street with a right-of-way of 60 feet in the
area of the subject property. The developer must comply with the rules & regulations of
the Sanford Public Works Department regarding the driveway connections to Woodland
Avenue.
The 2007 Lee County Comprehensive Transportation Plan Highway Map lists Woodland
Avenue as an existing minor thoroughfare with no improvements suggested. There are no
traffic counts in the area of the subject property.
The subject property is not located within a Watershed Conservation Overlay District, a
Historic Preservation Overlay District, a Flood Hazard Area or the 421 Bypass Corridor.
There are also no regulated environmentally sensitive areas illustrated or noted on the site
plan for this project. The adverse effect of storm water inundating several of the low
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lying residential lots within this area due to existing creeks being blocked with natural
debris has been a concern for residents in the past (as stated at the 2010 neighborhood
meeting for the Covington Place Elderly Housing Conditional Zoning District located on
several adjoining lots to the northlnorthwest); therefore, the project engineer incorporated
a detention pond into this site that is designed to collect the runoff water from this site
and slowly release it back into the natural environment at a reasonable rate of discharge.
If the conditional zoning district is allowed to be amended, the site must be developed in
the manner approved by the boards (with the proposed changes approved and the existing
conditions remaining in effect) and only the uses permitted in the Woodland Storage
Conditional Zoning District (Revision #2) and other uses typically associated with miniwarehouse storage facilities would be permitted.
Conformance with the Sanford/Lee County 2020 Land Use Plan
The 2020 Land Use Plan identifies the use for the subject property as mid/high density
residential office. The purpose of this classification is to identify areas which are
appropriate for medium and high density residential development, including single
family, duplexes, and multi-family developments as well as office development.
-
Recommendation from Planning and Development Staff
Note Added to January 6, 2015 Report: There was no staff recommendation included
within the December 16, 2014 staff report because the rezoning request was simply to
modify the existing conditions that had been placed on a site plan specific conditional
zoning district for which the land use has previously been approved. Staff
recommendations typically address the land use in relation to the 2020 Land Use Plan
and compliance with the UDO design standards as opposed to the specific details created
by the applicant.
14
Ordinance 2015
-
WHEREAS, a request to amend the Official Zoning Map has been received Elite Storage, LLC
to rezone a 2.16 acre tract of land addressed as 2203 and 2205 Woodland Avenue, and depicted
on Lee County Tax Map 9652.18 as Tax Parcel 9652-31-5835-00 Lee County Land Records,
from Woodland Storage Conditional Zoning District (Revision #1) to Woodland Storage
Conditional Zoning District (Revision #2) to allow for the development of a mini-warehouse
storage business with revisions to the design as previously approved in December of 2013; and
SANFORD:
The Official Zoning Map is hereby amended to rezone 2.16 acres addressed as 2203 and 2205
Woodland Avenue, and depicted on Lee County Tax Map 9652.18 as Tax Parcel 9652-31-583500 Lee County Land Records, from Woodland Storage Conditional Zoning District (Revision
#1) to Woodland Storage Conditional Zoning District (Revision #2) to allow for the development
of a mini-warehouse storage business with revisions to the design as previously approved in
December of 2013.
In making this decision, the City Council of the City of Sanford hereby finds that the proposed
ordinance is consistent with the Sanford & Lee County 2020 Land Use Plan because it identifies
the use for the subject property as mid/high density residential-office, which identifies areas that
are appropriate for medium and high density residential development, including single-family,
duplexes, and multi-family developments as well as office development, and the use proposed as
part of this conditional zoning petition (mini-warehouses) serves as an accessory use to these
principal uses. Further, the board took the 2012 and 2013 rezoning approvals into consideration
and finds that the rezoning request is reasonable and in the public interest based on the
informationlconditions as presented in the petition and attachments (such as the way the
architecture of the office & mm-warehouse building is designed in an office-like understated
manner with the intention of integrating into the area as much as possible while still maintaining
the practical requirements for a successful business
as opposed to looking like a typical
commercial mini-warehouse business and the compliance with the landscaping requirements of
the local zoning ordinance), the availability of public utilities, the surrounding lands uses and
zoning patterns in the area.
-
15
Ordinance 2015
-
The City Council also finds that because this is a conditional zoning request that the Woodland
Storage Conditional Zoning District (Revision #2) shall include the following conditions:
• The brick wall that was to be constructed at the front of the site to the left of the main
entrance drive and between Woodland Avenue and the new office & mini-warehouse
combination building (Building 4) shall be eliminated.
• The wood fence that was to be constructed along the northern property line between the
new office & mini-warehouse combination building (Building 4) and the adjoining
property zoned Covington Place Elderly Housing Conditional Zoning District shall to be
eliminated.
All other conditions are proposed to remain the same as previously approved as per the revised
2013 rezoning of the site (reference Ordinance 2013-66). A copy of the subject property zoning
map and illustrations are included as Attachments A-D to further illustrate the design standards
associated with this conditional zoning district.
T. Chet Mann, Mayor
ATTEST:
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s
ISITS
Petition by Elite Storage, LLC To Rezone From Woodland Storage Conditional Zoning District (Revision #1)
to Woodland Storage Conditional Zoning District (Revision #2)
E
2.16 Acres +1- Addressed as 2203 & 2205 Woodland Avenue
PIN#: 9652-31-5835-00
2
9
This map is intended as a graphic ilitustration & is not a legal docurneni
-
-
Attachment C
18
6
0 utuqo1Wy
20
540-03
RECOMMENDATION FROM PLANNING BOARD:
request to rezone from MF-12 Multi-family Residential Conditional Zoning District to
Ryder Downs Apartments & Lakeview Townhomes MF-12 Multi-family Residential
Conditional Zoning District (Revision #1) as it is consistent with the 2020 Land Use Plan
because, even though the plan does not identify a specific land use for the subject
property, the recommendation takes the original 2006 rezoning approval, current
development trends of the neighborhood and the surrounding zoning districts into
consideration. Further, the board finds that the rezoning request is reasonable and in the
public interest based on the informationlconditions as presented in the petition arid
attachments (the changes are simply modifications to architectural details and do not
appear to adversely affect the character or integrity of the overall design of the proj ect
associated with this conditional zoning district), the availability of public utilities, the
surrounding lands uses and zoning patterns in the area.
APPLICANT & PROPERTY OWNER: Ryder Downs, LLC
REQUEST: Rezone from MF-l2 Multi-family Residential Conditional Zoning District
to Ryder Downs Apartments & Lakeview Townhomes MF-12 Multi-family Residential
Conditional Zoning District (Revision #1) to allow for the development of a multi-family
apartment and townhome community with revisions to the design as previously approved
in October of 2006.
Note: The project associated with the conditional zoning district is the same as originally
approved, staffwould simply like the name of the project associated with this conditional
zoning district to be included within the name of the district in order to assist with
keeping track of this project/district.
LOCATION: The subject property is located along the west side of Pendergrass Rd.,
north of the intersection of Belford Dr. and includes property formerly addressed as 1718
and 1726 Pendergrass Rd. and currently addressed as 500-583 Ryder Lake Dr., 100-328
Saddlebrook Dr. and 400-478 Trotter Dr., Sanford, N.C. 27330.
TOWNSHIP: Pocket
TAX PARCEL NO.: 963 1-36-3857-00, as depicted on Tax Map 9631.01
ADJACENT ZONING:
North: Residential Single-family (R-20) and Residential Restricted (RR)
South: Multi-family (MF-12)
East:
Residential Single-family (R-20), Residential Restricted (RR) and Residential
Mixed (R-12), opposite Pendergrass Road
West:
Residential Restricted (RR) and Residential Restricted (RA)
21
540-03
Site History
MF-12 Multi-family Residential Conditional Zoning District (Original)
In October of 2006, the Sanford City Council approved a rezoning request by Mr. Keith
Phillips of Phillips Management Group, Inc. to develop a multi-family apartment &
townhome community on two tracts of land off of Pendergrass Road via the site plan
specific conditional zoning process. This approval was based on the rationale that the
request appeared to be consistent with the spirit and intent of the 2020 Land Use Plan and
that is was reasonable and in the public interest due to the availability of public utilities,
and the proximity of mixed density residential development, including multi-family along
Pendergrass Road.
Introduction
Conditional Zoning District (Revision #1)
In November of 2014, with the site still under construction, Mr. Keith Phillips of Ryder
Downs, LLC submitted a rezoning request to alter components of the approved site plan
associated with this conditional zoning district. (Mr. Phillips owns Phillips Management,
Inc., the original applicant for this project and Ryder Downs, LLC, the current property
owner/developer.) Since the development of this site was approved via a site plan specific
conditional zoning district, any/all changes to the site plan must be approved by the City
Council. Please reference information within the “Staff Analysis” section of this report
for specifics regarding this request.
The site consists of one tract of land (recently recombined) comprising approximately
50.11 acres located off of Pendergrass Road that is currently being developed as per the
approved plans (an active construction site).
Utilities
This site is currently served by public water and sewer, which was extended to serve the
approved apartment & townhome project. As a general rule, any/all new development
must comply with the rules & regulations of the Sanford Public Works Department
regarding the extension of and/or connection to public utilities.
Existing Zoning and Land Uses
The property adjoining to the north is zoned Residential Restricted (RR) and is developed
with single-family homes. The adjoining property to the south is zoned Residential
Restricted (RR) and is developed with single-family homes or is zoned Multi-family
(MF-12) and is either vacant or developed as single-family homes within Westfield
Subdivision. The property to the west is zoned Residential Restricted (RR) and
Residential Agricultural (RA) and is either vacant or developed with single-family
homes. The property to the east, opposite Pendergrass Road, is zoned Residential Single
family (R-20) and Residential Restricted (RR) and is developed as a farm field or is
zoned Residential-Mixed (R- 12) and is developed with as Woodland Heights apartment
community.
22
540-03
Staff Analysis
Conditional Zoning District (Revision #1) is a Type 1 Conditional Zoning District, which
is a stand-alone district with it’s own unique conditions. This type of zoning district is
most suitable in situations where the current city’s zoning districts do not accommodate
the desired use(s) and where the owner/developer has a clear vision as to how the
property is to be developed. As such, applications for a Type 1 district require that a
detailed site plan and architectural elevations be included and the information is legally
binding on the land; therefore, the site has to be developed as per the approved plans even
if a property transfer were to take place.
The following conditions were included within the written narrative as part of the original
2006 rezoning application and are requested to be modified:
• The decorative acorn light fixtures on site at the main entrance and for the
townhome portion of the development would remain stylistically the same as
originally proposed, but the maximum height allowed for the parking area light
fixtures would be increased from 14ft to 1611 since this is the Duke Energy
standard. (The site lighting for the apartments was approved as decorative acron
fixtures not to exceed 1811 in height.)
• The existing white three-rail fence that was originally proposed to remain in place
as an aesthetic feature is proposed to be replaced with a brown vinyl clad threerail fence. This will still provide an appealing visual feature, but will allow the
owner/developer to update the color scheme. (The site was formerly a horse
farm.)
• All of the porch railings were originally to be clad in white vinyl. The developer
is now proposing to use galvanized steel porch railings finished in satin black or
powdered bronze. This would allow the owner/developer to update the color
scheme in a manner that would have a nicer look for a longer period of time (via
an electronically applies powder coat finish).
• The developer is requesting to eliminate the use of white as a color requirement
on the buildings and/or other improvements. This would allow the
owner/developer to update the color scheme in a manner that he feels would have
a better overall appearance. The original approval stated that the exterior of the
buildings will have a “consistent design of size, massing, materials and colors to
provide a defined community”; however, the use of white as being specifically
required for any item other than the porch railings is not mentioned. The
conceptual architectural elevations do show white trim on the buildings and it
appears that the developer is clarifying that he does not have to use white as a
building color since he is also proposing several other changes.
All other conditions are proposed to remain the same as previously approved. As with the
original rezoning of the site, the information submitted as part of this revised rezoning
request are legally binding on the land; therefore, the site has to be developed as per the
approved plans even if a property transfer were to take place. Also, as a reminder, the
conditional zoning process is a negotiated zoning process and, as such, the Council
and/or Planning Board may request that certain conditions be considered or altered.
However, the petitioner must accept such conditions before inclusion in the conditional
zoning district.
23
540-03
Transportation
The project will have two points of access: (a) new driveway from Pendergrass Road
(SR1334) and (b) a new public Street that will connect with Belford Drive. The plan
indicates that the new connection to Pendergrass Road will have a left turn lane installed
for northbound traffic. The access road will be a private road and is designed to include
dual exit lanes to Separate right and left turn movements. NCDOT is requiring a left turn
lane and appropriate taper lanes at the intersection with Pendergrass Road.
The second connection will require the short extension of Belford Drive which is
currently a short, dead-end stub street that serves the 22 lots within Westfield
Subdivision. This short extension will connect with a new public street that will serve the
townhome portion of the project.
The 2007 Lee County Comprehensive Transportation Plan Highway Map illustrates
Pendergrass Road as an existing boulevard that needs improvement. The NCDOT 2012
Traffic Study reports 4,000 vehicle trips per day on Pendergrass Road approximately
1,700 feet east of the subject property, in front of the McDonalds restaurant driveway at
816 E. 19096 Pendernrass Road.
The subject property is not located within a Watershed Conservation Overlay District, a
Historic Preservation Overlay District, a Flood Hazard Area or the 421 Bypass Corridor.
There are regulated environmentally sensitive areas (wetlands) illustrated on the site plan
for this project, which the overall project design appears to take into consideration. The
developer is responsible for complying with any/all state and federal regulations
regarding existing environmental conditions.
If the conditional zoning district is allowed to be amended, the site must be developed in
the manner approved by the boards (with the proposed changes approved and the existing
conditions remaining in effect) and only the uses permitted in the Ryder Downs
Apartments & Lakeview Townhomes MF- 12 Multi-family Residential Conditional
Zoning District (Revision #2) and other uses typically associated with multi-family
development would be permitted.
Conformance with the Sanford/Lee County 2020 Land Use Plan
Note Added to January 6, 2015 Report: The 2020 Land Use Plan does not identify a
specific land use for the subject property; therefore, when considering the zoning of this
property, current development trends and the surrounding zoning of the neighborhood
should be considered.
Recommendation from Planning and Development Staff
Note Added to January 6, 2015 Report: There was no staff recommendation included
within the December 16, 2014 staff report because the rezoning request was simply to
modify the existing conditions that had been placed on a site plan specific conditional
zoning district for which the land use has previously been approved in 2006. Staff
recommendations typically address the land use in relation to the 2020 Land Use Plan
and compliance with the UDO design standards as opposed to the specific details created
by the applicant.
24
Ordinance 2015
-
WHEREAS, a request to amend the Official Zoning Map has been received from Ryder Downs,
LLC to rezone 50.11 acres located along the west side of Pendergrass Road, north of the
intersection of Belford Drive and including property formerly addressed as 1718 and 1726
Pendergrass Road and currently addressed as 500-583 Ryder Lake Drive, 100-328 Saddlebrook
Drive and 400-478 Trotter Drive, and depicted on Lee County Tax Map 9631.01 as Tax Parcel
963 1-36-3857-00 Lee County Land Records, from MF-12 Multi-family Residential Conditional
Zoning District to Ryder Downs Apartments & Lakeview Townhomes MF-12 Multi-family
Residential Conditional Zoning District (Revision #1) to allow for the development of a multi
family apartment and townhome community with revisions to the design as previously approved
in October of 2006; and
SANFORD:
The Official Zoning Map is hereby amended to rezone 50.11 acres located along the west side of
Pendergrass Road, north of the intersection of Belford Drive and including property formerly
addressed as 1718 and 1726 Pendergrass Road and currently addressed as 500-583 Ryder Lake
Drive, 100-328 Saddlebrook Drive and 400-47 8 Trotter Drive, and depicted on Lee County Tax
Map 9631.01 as Tax Parcel 9631-36-3857-00 Lee County Land Records, from MF-12 Multi
family Residential Conditional Zoning District to Ryder Downs Apartments & Lakeview
Townhomes MF-12 Multi-family Residential Conditional Zoning District (Revision #1) to allow
for the development of a multi-family apartment and towmhome community with revisions to the
design as previously approved in October of 2006.
In making this decision, the Sanford City Council hereby finds that the proposed ordinance is
consistent with the 2020 Land Use Plan because (even though the plan does not identify a
specific land use for the subject property) the original 2006 rezoning approval, current
development trends of the neighborhood and the surrounding zoning districts were taken into
consideration. Further, the board fmds that the rezoning request is reasonable and in the public
interest based on the informationlconditions as presented in the petition and attachments (the
25
Ordinance 2015
-
changes are simply modifications to architectural details and do not appear to adversely affect
the character or integrity of the overall design of the project associated with this conditional
zoning district), the availability of public utilities and the surrounding lands uses and zoning
patterns in the area.
The City Council also finds that because this is a conditional zoning request that the Ryder
Downs Apartments & Lakeview Townhomes MF- 12 Multi-family Residential Conditional
Zoning District (Revision #1) shall include the following conditions:
• The decorative acorn light fixtures on site at the main entrance and for the townhome
portion of the development shall remain stylistically the same as originally proposed, but
the maximum height allowed for the parking area light fixtures may be increased from
l4flto 16ft.
• The existing white three-rail fence that was to remain in place as an aesthetic feature shall
be replaced with a brown vinyl clad three-rail fence.
• The porch railings that were originally to be clad in white vinyl shall now be galvanized
steel porch railings finished in satin black or powdered bronze.
• The developer may eliminate the use of white as a color requirement on the buildings
and/or other improvements.
All other conditions are proposed to remain the same as previously approved as per the original
2006 rezoning of the site (reference Ordinance 2006-56). A copy of the subject property zoning
map is included as Attachment A.
T. Chet Mann, Mayor
ATTEST:
AG
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ATTACHMENT A
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STON
LLC to Rezone From MF-12 Multi-family Conditional Zoning District
to Ryder Downs Apartments and Lakeview Townhornes MF-12 Multi-family Conditional Zoning District
50.11 Acres +/- Addressed as 2500-283 Ryder Lake Drive, 100-32 8 Saddlebrook Drive and 400-478 Trotter Drive.
Application
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PIN#: 9631-36-3857
This map is intended as a graphic ilitustration & is not a legal document.
27
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANFORD, NORTH CAROLINA
PROVIDING FOR THE ISSUANCE OF $8,500,000 GENERAL OBLIGATION PUBLIC
IMPROVEMENT BONDS, SERIES 2015 OF THE CITY OF SANFORD, NORTH CAROLINA
WHEREAS. the Bond Orders hereinafter-described have been adopted, and it is desirable to make
provision for the issuance of the Bonds authorized by said Bond Orders;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Sanford, North
Carolina (the “City Council”) as follows:
Section 1.
For purposes of this Resolution, the following words will have the meanings
ascribed to them below:
“Bond Orders” means the Bond Order relating to the Streetscape Projects and the Bond Order
relating to the Sidewalk Projects, both authorizing the Bonds, which were adopted by the City Council on
July 29, 2013 and approved by the vote of a majority of the voters who voted thereon at a referendum
duly called and held on September 10, 2013.
Federal Securities” means (a) direct obligations of the United States of America for the timely
payment of which the full faith and credit of the United States of America is pledged; (b) obligations
issued by any agency controlled or supervised by and acting as an instrumentality of the United States of
America, the timely payment of the principal of and interest on which is fully guaranteed as full faith and
credit obligations of the United States of America (including any securities described in (a) or (b) issued
or held in the name of the Trustee in book-entry form on the books of the Department of Treasury of the
United States of America), which obligations, in either case, are held in the name of a trustee and are not
subject to redemption or purchase prior to maturity at the option of anyone other than the holder; (c) any
bonds or other obligations of the State of North Carolina or of any agency, instrumentality or local
governmental unit of the State of North Carolina which are (I) not callable prior to maturity or (2) as to
which irrevocable instructions have been given to the trustee or escrow agent with respect to such bonds
or other obligations by the obligor to give due notice of redemption and to call such bonds for redemption
on the date or dates specified, and which are rated by Moody’s, if the 2015 Bonds are rated by Moody’s,
and S&P, if the 205 Bonds are rated by S&P, within the two highest rating categories and which are
secured as to principal, redemption premium, if any, and interest by a fund consisting only of cash or
bonds or other obligations of the character described in clause (a) or (b) hereof which fund may be
applied only to the payment of such principal of and interest and redemption premium, if any, on such
bonds or other obligations on the maturity date or dates thereof or the specified redemption date or dates
pursuant to such irrevocable instructions, as appropriate; or (d) direct evidences of ownership of
proportionate interests in future interest and principal payments on specified obligations described in (a)
held by a bank or trust company as custodian, under which the owner of the investment is the real party in
interest and has the right to proceed directly and individually against the obligor on the underlying
obligations described in (a), and which underlying obligations are not available to satisfy any claim of the
custodian or any person claiming through the custodian or to whom the custodian may be obligated.
“Moody’s” means Moody’s Investors Service, a corporation organized and existing under the
laws of the State of Delaware, its successors and their assigns and, if such corporation for any reason no
longer performs the functions of a securities rating agency, “Moody’s” will be deemed to refer to any
other nationally recognized rating agency other than S&P designed by the City.
‘Sidewalk Projects” means acquiring, constructing, reconstructing, extending or improving
sidewalks, including without limitation, curbs, gutters, drains, bridges, overpasses, underpasses and grade
PPAB 2659223v1
28
crossings and providing traffic controls, signals and markers and acquiring land, rights-of-way and
easements required for any of the foregoing.
“Projects” means the Sidewalk Projects and the Streetscape Projects.
means Standard & Poor’s Ratings Services, its successors and their assigns and, if such
corporation for any reason no longer performs the functions of a securities rating agency, “S&P” will be
deemed to refer to any other nationally recognized rating agency other than Moody’s designed by the
City.
“Slreetscape Projects” means the streetscape and pedestrian improvements in the downtown area
of the City and the Jonesboro area of the City, including providing related landscaping and lighting,
relocating utilities and the acquisition of land and rights-of-way in land required therefor.
“2015 Bonds” means the City’s General Obligation Public Improvement Bonds, Series 201 5
authorized tinder the Bond Orders.
Sec/jo,: 2.
Bonds.
The City shall issue $8,500,000 in total aggregate principal amount of its 2015
Sec/jo,: 3.
The 2015 Bonds shall be dated their date of issuance and pay interest
semiannually on February 1 and August 1, beginning August 1, 2015. The 2015 Bonds are being issued
to provide funds (I) to finance the capital costs of the Projects pursuant to and in accordance with the
Bond Orders and (2) to pay the costs of issuing the 2015 Bonds.
Section 4.
The City Council has ascertained and hereby determines that the average period
of usefulness of the capital projects being financed by the proceeds of the 2015 Bonds is not less than 25
years computed from the date of issuance of the 2015 Bonds.
Section 5.
as follows:
YEAR
2016
2017
2018
2019
2020
2021
2022
2023
2024
2025
The 2015 Bonds are payable in annual installments on February 1 in each year,
AMOUNT
YEAR
$450,000
450,000
450,000
450,000
450,000
450,000
450,000
450,000
450,000
445,000
2026
2027
2028
2029
2030
2031
2032
2033
2034
AMOUNT
$445,000
445,000
445,000
445,000
445,000
445,000
445,000
445,000
445,000
Section 6.
The 2015 Bonds are to be numbered from “R-1” consecutively and upward. All
2015 Bonds shall bear interest from their date at a rate or rates which shall be hereafter determined on the
sale thereof computed on the basis of a 360-day year of twelve 30-day months.
Section 7.
The 2015 Bonds are to be registered as to principal and interest, and the Finance
Director of the City is directed to maintain the registration records with respect thereto. The 2015 Bonds
shall bear the original or facsimile signatures of the Mayor and City Clerk of the City. An original or
facsimile of the seal of the City is to be imprinted on each of the 2015 Bonds.
2
PPAB 2659223v
29
Section 8.
The 2015 Bonds will initially be issued by means of a book-entry system with no
physical distribution of bond certificates made to the public. One bond certificate for each maturity will
be issued to The Depository Trust Company, New York, New York (‘DTC”), and immobilized in its
custody. A book-entry system will be employed, evidencing ownership of the 2015 Bonds in principal
amounts of $5,000 or integral multiples thereof, with transfers of beneficial ownership effected on the
records of DTC and its participants pursuant to rules and procedures established by DTC. Interest on the
2015 Bonds will be payable to DTC or its nominee as registered owner of the 2015 Bonds in immediately
available funds. The principal of and interest on the 2015 Bonds will be payable to owners of 2015
Bonds shown on the records of DTC at the close of business on the 15th day of the month preceding an
interest payment date or a bond payment date. The City will not be responsible or liable for maintaining,
supervising or reviewing the records maintained by DTC, its participants or persons acting through such
participants.
If (a) DTC determines not to continue to act as securities depository for the 2015 Bonds or
(b) the Finance Director of the City determines that the continuation of the book-entry system of evidence
and transfer of ownership of the 2015 Bonds would adversely affect the interests of the beneficial owners
of the 2015 Bonds, the City will discontinue the book-entry system with DTC in accordance with the
rules and procedures of DTC. If the City fails to identify another qualified securities depository to replace
DTC, the City will authenticate and deliver replacement bonds in accordance with the rules and
procedures of DTC.
9.
The 2015 Bonds maturing on or before February 1, 2025 will not be subject to
redemption prior to maturity. The 2015 Bonds maturing on and after February 1, 2026 will be subject to
redemption prior to maturity, at the option of the City, from any moneys that may be made available for
such purpose, either in whole or in part on any date on or after February 1, 2025, at the redemption price
of the principal amount of 2015 Bonds to be so redeemed, plus accrued interest to the redemption date.
If less than all of the 2015 Bonds are called for redemption, the City shall select the maturity or
maturities of the 2015 Bonds to be redeemed in such manner as the City in its discretion may determine
and DTC and its participants shall determine which of the 2015 Bonds within a maturity are to be
redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2015
Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in
selecting 2015 Bonds for redemption, each 2015 Bond shall be considered as representing that number of
2015 Bonds which is obtained by dividing the principal amount of such 2015 Bond by $5,000. Whenever
the City elects to redeem 2015 Bonds, notice of such redemption of 2015 Bonds, stating the redemption
date, redemption price and any conditions to the redemption and identifying the 2015 Bonds or portions
thereof to be redeemed by reference to their numbers and further stating that on such redemption date
there shall become due and payable on each 2015 Bond or portion thereof so to be redeemed, the
principal thereof, and interest accrued to the redemption date and that from and after such date interest
thereon shall cease to accrue, shall be given not less than 30 days nor more than 60 days before the
redemption date in writing to DTC or its nominee as the registered owner of the 2015 Bonds, by prepaid
certified or registered United States mail (or by such other means as permitted by DTC’s rules and
procedures), at the address provided to the City by DTC, but any failure or defect in respect of such
mailing will not affect the validity of the redemption. If DTC is not the registered owner of the 2015
Bonds, the City will give notice at the time set forth above by prepaid first class United States mail, to the
then-registered owners of the 2015 Bonds or portions thereof to be redeemed at the last address shown on
the registration books kept by the City. The City will also mail or transmit by facsimile or in electronic
fonnat a copy of the notice of redemption within the time set forth above (I) to the Local Government
Commission of North Carolina (the “Local Government Commission “) and (2) to the Municipal
Rulemaking Securities Board through the EMMA system.
3
PPAB 2659223v1
30
If at the time of mailing of the notice of redemption there is not on deposit money sufficient to
redeem the 2015 Bonds called for redemption, such notice may state that it is conditional on the deposit
of money for the redemption on the date of redemption as set forth in the notice. Any notice, once given,
may be withdrawn by notice delivered in the same manner as the notice of redemption was given.
Section 10.
The 2015 Bonds and the provisions for the registration of the 2015 Bonds and for
the approval of the 2015 Bonds by the Secretary of the Local Government Commission are to be in
substantially the form set forth in Exhibit A hereto.
Section 11.
The Finance Director of the City is hereby authorized to execute a non-arbitrage
certificate with respect to the 2015 Bonds in order to comply with Section 148 of the Code and the
applicable Income Tax Regulations thereunder.
Section 12.
The Finance Director is hereby directed to create and establish a special fund to
be designated “CiIj.’ of Sanford, North Carolina General Obligation Public hnproveinent Bonds, Series
2015 Project Fund” (the “Project Fund”) and may establish separate accounts within the Project Fund to
track the expenditures related to each of the Projects. The Finance Director shall deposit the proceeds
from the sale of the 2015 Bonds in the Project Fund. The Finance Director shall invest and reinvest any
moneys held in the Project Fund as permitted by the laws of the State of North Carolina and the income,
to the extent permitted by the Code, is to be retained in the Project Fund and applied with the proceeds of
the 2015 Bonds to pay the costs of the Projects, as directed by the Finance Director. The Finance
Director shall keep and maintain adequate records pertaining to the Project Fund and all disbursements
therefrom so as to satisfy the requirements of the laws of the State of North Carolina and to assure that the
City maintains its covenants with respect to the exclusion of the interest on the 2015 Bonds from gross
income for purposes of federal income taxation.
Section 13.
Actions taken by officials of the City to select paying and transfer agents, and a
bond registrar, or alternate or successor agents and registrars pursuant to Section 159E-8 of the Registered
Public Obligations Act, Chapter 1 59E of the General Statutes of North Carolina, are hereby authorized
and approved.
Section 14.
The Local Government Commission is hereby requested to sell the 2015 Bonds
through a competitive sale to the bidder whose bid results in the lowest interest cost to the City,
determined on the basis of the net interest cost method.
Section 15.
The Mayor, the City Manager, the City Clerk and the Finance Director,
individually and collectively, are hereby authorized and directed to cause the 2015 Bonds to be prepared
and, when they shall have been duly sold by the Local Government Commission, to execute the 2015
Bonds and to turn the 2015 Bonds over to the registrar and transfer agent of the City, if any, for delivery
through the facilities of DTC to the purchaser or purchasers to whom they may be sold by the Local
Government Commission.
Section 16.
The form and content of the Notice of Sale and the Preliminary Official
Statement together with the final Official Statement related to the 2015 Bonds are in all respects
authorized, approved and confirmed, and the Mayor, the City Manager, the City Clerk and the Finance
Director, individually and collectively, are authorized, empowered and directed to execute and deliver the
Official Statement in substantially the form and content presented to the City Council, but with such
changes, modifications, additions or deletions therein as shall to the Mayor, the City Manager, the City
Clerk and the Finance Director seem necessary, desirable or appropriate, their execution thereof to
constitute conclusive evidence of the approval of the City Council of any and all changes, modifications,
4
PPAB 2659223v1
31
additions or deletions therein from the form and content of the Official Statement presented to the City
Council.
Sec/iou 17.
The Mayor, the City Manager, the City Clerk and the Finance Director,
individually and collectively, are authorized and directed to execute and deliver for and on behalf of the
City any and all additional certificates, documents, opinions or other papers and perform all other acts as
may be required by the documents contemplated hereinabove or as may be deemed necessary or
appropriate in order to implement and carry out the intent and purposes of this Resolution.
Section 18.
The City agrees, in accordance with Rule I 5c2- 12 (the ‘Rule “) promulgated by
the Securities and Exchange Commission (the “SEC “) and for the benefit of the Registered Owners and
beneficial owners of the 2015 Bonds, as follows:
(1)
by not later than seven months after the end of each Fiscal Year to the Municipal
Securities Rulemaking Board (the “MSRB”) in an electronic format as prescribed by the MSRB,
the audited financial statements of the City for the preceding Fiscal Year, if available, prepared in
accordance with Section 159-34 of the General Statutes of North Carolina, as it may be amended
from time to time, or any successor statute, or if such audited financial statements are not then
available, unaudited financial statements of the City for such Fiscal Year to be replaced
subsequently by audited financial statements of the City to be delivered within 15 days after such
audited financial statements become available for distribution;
(2)
by not later than seven months after the end of each Fiscal Year to the MSRB,
the financial and statistical data as of a date not earlier than the end of the preceding Fiscal Year
for the type of information included under the captions “THE CITY--DEBT INFORMATION” and
“--TAx INFORMATION” (excluding information on overlapping units) in the Official Statement
referred to in Section 16;
(3)
in a timely manner not in excess of 10 business days after the occurrence of the
event, to the MSRB, notice of any of the following events with respect to the 2015 Bonds:
(a)
principal and interest payment delinquencies;
(b)
non-payment related defaults, if material;
(c)
difficulties;
unscheduled draws on the debt service reserves reflecting financial
(d)
difficulties;
unscheduled draws on any credit enhancements reflecting financial
(e)
perform;
substitution of any credit or liquidity providers, or their failure to
(f)
adverse tax opinions, the issuance by the Internal Revenue Service of
proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form
570 1-TEB) or other material notices or determinations with respect to the tax status of the
2015 Bonds or other material events affecting the tax status of the 2015 Bonds;
(g)
material;
modification of the rights of the Beneficial Owners of the 2015 Bonds, if
5
PPAB 2659223v1
32
(Ii)
call of any of the 2015 Bonds, if material, and tender offers;
(i)
defeasance of any of the 2015 Bonds;
release, substitution or sale of any property securing repayment of the
(j)
2015 Bonds, if material;
(k)
rating changes:
(1)
bankruptcy, insolvency, receivership or similar event of the City;
(m)
the consummation of a merger, consolidation, or acquisition involving
the City or the sale of all or substantially all of the assets of the obligated person, other
than in the ordinary course of business, the entry into a definitive agreement to undertake
such an action or the termination of a definitive agreement relating to such actions, other
than pursuant to its terms, if material; and
(n)
the appointment of a successor or additional trtistee, or the change in the
name of a trustee, if material; and
(4)
in a timely manner to the MSRB, notice of the failure by the City to provide the
required annual financial information described in (1) and (2) above on or before the date
specified.
The City agrees that its undertaking tinder this Paragraph is intended to be for the benefit of the
registered owners and the beneficial owners of the 2015 Bonds and is enforceable by any of the registered
owners and the beneficial owners of the 2015 Bonds, including an action for specific performance of the
City’s obligations tinder this Paragraph, but a failure to comply will not be an event of default and will
not result in acceleration of the payment of the 2015 Bonds, An action must be instituted, had and
maintained in the manner provided in this Paragraph for the benefit of all of the registered owners and
beneficial owners of the 2015 Bonds.
All documents provided to the MSRB as described in this Paragraph shall be provided in an
electronic format as prescribed by the MSRB and accompanied by identifying information as prescribed
by the MSRB. The City may discharge its undertaking described above by providing such information in
a manner the SEC subsequently authorizes in lieu of the manner described above.
The City may modify from time to time, consistent with the Rule, the information provided or the
format of the presentation of such information, to the extent necessary or appropriate in the judgment of
the City, but:
(1)
any such modification may only be made in connection with a change in
circumstances that arises from a change in legal requirements, change in law or change in
the identity, nature or status of the City;
(2)
the information to be provided, as modified, would have complied with
the requirements of the Rule as of the date of the Official Statement, after taking into
account any amendments or interpretations of the Rule as well as any changes in
circumstances;
6
PPAB 2659223v1
33
(3)
any such modification does not materially impair the interest of the
registered owners or the beneficial owners, as determined by nationally recognized bond
counsel or by the approving vote of the registered owners of a majority in principal
amount of the 2015 Bonds.
Any annual financial information containing modified operating data or financial information will
explain, in narrative form, the reasons for the modification and the impact of the change in the type of
operating data or financial information being provided.
The provisions of this Paragraph terminate on payment, or provision having been made for
payment in a manner consistent with the Rule, in full of the principal of and interest on the 2015 Bonds.
Section 19.
Those portions of this Resolution other than Paragraph 1 8 may be amended or
supplemented, from time to time, without the consent of the owners of the 2015 Bonds if in the opinion of
nationally recognized bond counsel, such amendment or supplement would not adversely affect the
interests of the owners of the 2015 Bonds and would not cause the interest on the 2015 Bonds to be
included in the gross income of a recipient thereof for federal income tax purposes. This Resolution may
be amended or supplemented with the consent of the owners of a majority in aggregate principal amount
of the outstanding 2015 Bonds, exclusive of 2015 Bonds, if any, owned by the City, but a modification or
amendment (1) may not, without the express consent of any owner of 2015 Bonds, reduce the principal
amount of any 2015 Bond, reduce the interest rate payable on it, extend its maturity or the times for
paying interest, change the monetary medium in which principal and interest is payable, or reduce the
percentage of consent required for amendment or modification and (2) as to an amendment to
Paragraph 18, must be limited as described therein.
Any act done pursuant to a modification or amendment consented to by the owners of the 2015
Bonds is binding on all owners of the 2015 Bonds and will not be deemed an infringement of any of the
provisions of this Resolution, whatever the character of the act may be, and may be done and performed
as fully and freely as if expressly permitted by the terms of this Resolution, and after consent has been
given, no owner of a 201 5 Bond has any right or interest to object to the action, to question its propriety
or to enjoin or restrain the City from takiiig any action pursuant to a modification or amendment.
If the City proposes an amendment or supplemental resolution to this Resolution requiring the
consent of the owners of the 2015 Bonds, the registrar for the 2015 Bonds shall, on being satisfactorily
indemnified with respect to expenses, cause notice of the proposed amendment to be sent to each owner
of the 2015 Bonds then outstanding by first-class mail, postage prepaid, to the address of such owner as it
appears on the registration books; but the failure to receive such notice by mailing by any owner, or any
defect in the mailing thereof, will not affect the validity of any proceedings pursuant hereto. Such notice
shall briefly set forth the nature of the proposed amendment and shall state that copies thereof are on file
at the principal office of the registrar for the 2015 Bonds for inspection by all owners of the 2015 Bonds.
If, within 60 days or such longer period as shall be prescribed by the City following the giving of such
notice, the owners of a majority in aggregate principal amount of 2015 Bonds then outstanding have
consented to the proposed amendment, the amendment will be effective as of the date stated in the notice.
Section 20.
Nothing in this Resolution precludes (a) the payment of the 2015 Bonds from
the proceeds of refunding bonds or (b) the payment of the 2015 Bonds from any legally available funds.
If the City causes to be paid, or has made provisions to pay, on maturity or on redemption before
maturity, to the owners of the 2015 Bonds the principal of the 2015 Bonds (including interest to become
due thereon), through setting aside trust funds or setting apart in a reserve fund or special trust account
created pursuant to this Resolution or otherwise, or through the irrevocable segregation for that purpose in
7
PPAB 2659223v1
34
some sinking fund or other fund or trust account with an escrow agent or otherwise, moneys sufficient
therefor, including, but not limited to, interest earned or to be earned on Federal Securities, the City shall
so notifj Moody’s and S&P, and then such 2015 Bonds shall be considered to have been discharged and
satisfied, and the principal of the 2015 Bonds (including and interest thereon) shall no longer be deemed
to be outstanding and unpaid; provided, however, that nothing in this Resolution requires the deposit of
more than such Federal Securities as may be sufficient, taking into account both the principal amount of
such Federal Securities and the interest to become due thereon, to implement any such defeasance.
If such a defeasance occurs and after the City receives an opinion of a nationally recognized
accounting or verification firm that the segregated moneys or Federal Securities together with interest
earnings thereon are sufficient to effect a defeasance, the City shall execute and deliver all such
instruments as may be necessary to effect such a defeasance and desirable to evidence such release,
discharge and satisfaction. The City shall make provisions for the mailing of a notice to the owners of the
2015 Bonds that such moneys are so available for such payment.
Section 21.
If any one or more of the agreements or provisions herein contained is held
contrary to any express provision of law or contrary to the policy of express law, though not expressly
prohibited, or against public policy, or for any reason whatsoever is held invalid, then such covenants,
agreements or provisions are null and void and separable from the remaining agreements and provisions
and will in no way affect the validity of any of the other agreements and provisions hereof or of the 2015
Bonds authorized hereunder.
Section 22.
All resolutions or parts thereof of the City Council in conflict with the provisions
herein contained are, to the extent of such conflict, hereby superseded and repealed.
Section 23.
This Bond Resolution is effective on its adoption.
PASSED, ADOPTED AND APPRO VED this 6th day of January, 2015.
T. Chet Mann, Mayor
Bonnie D. Davis, City Clerk
8
PPAB 2659223v1
35
STATE OF NORTH CAROLINA
COUNTY OF LEE
)
)
SS:
I, Bonnie D. Davis, City Clerk of the City of Saiiford, North Carolina, DO HEREBY CERTIFY
the attached to be a true and correct copy of a Resolution entitled, “RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SANFORD, NORTH CAROLINA PROVIDING FOR THE ISSUANCE OF $8,500,000
GENERAL OBLIGATION PUBLIC IMPROVEMENT BONDS, SERIES 2015 OF THE CITY OF SANFORD,
NORTH CAROLINA” adopted by the City Council of the City of Sanford, North Carolina at a regular
meeting held on the 6th day of January, 2015.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of said City, this the
6th day of January, 2015.
(SEAL)
City Clerk
City of Sanford, North Carolina
9
PPAB 2659223vI
36
APPENDIX A
FORM OF 2015 BOND
NoR-
$
UNITED STATES OF AMERICA
STATE OF NORTH CAROLINA
CITY OF SANFORD
INTEREST
RATE
MATURITY DATE
REGISTERED OWNER:
PRINCIPAL SUM:
DATED DATE
,2015
CUSIP
CEDE & Co.
DOLLARS
GENERAL OBLIGATION PUBLIC IMPROVEMENT BOND, SERIES 2015
THE CITY OF SANFORD, NORTH CAROLINA (the City’) acknowledges itself indebted and for
value received hereby promises to pay to the Registered Owner named above, on the Maturity Date
specified above, upon surrender hereof, the Principal Sum shown above and to pay to the Registered
Owner hereof interest thereon from the date of this 2015 Bond until it shall mature at the Interest Rate per
annum specified above, payable on August 1, 2015 and semiannually thereafter on February 1 and
August 1 of each year. Principal of and interest on this 2015 Bond are payable in immediately available
funds to The Depository Trust Company (DTC”) or its nominee as registered owner of the 2015 Bonds
and is payable to the owner of the 201 5 Bonds shown on the records of DTC at the close of business on the
5 day of the month preceding an interest payment date or a bond payment date. The City is not
responsible or liable for maintaining, supervising or reviewing the records maintained by DTC, its
participants or persons acting through such participants.
This 2015 Bond is issued in accordance with the Registered Public Obligations Act, Chapter 1 59E
of the General Statutes of North Carolina, and pursuant to The Local Government Finance Act, the Bond
Order relating to the Streetscape Projects (as defined below) and the Bond Order relating to the Sidewalk
Projects (as defined below) adopted by the City Council of the City on July 29, 2013 and approved by the
vote of a majority of the voters who voted thereon at a referendum duly called and held on September 10,
2013. The 2015 Bonds are being issued to provide funds (1) to finance the capital costs of streetscape and
pedestrian improvements in the downtown area of the City of Sanford and the Jonesboro area of the City
of Sanford, including providing related landscaping and lighting, relocating utilities and the acquisition of
land and rights-of-way in land required therefor (the ‘Streetscape Projects “), (2) to finance the capital
costs of acquiring, constructing, reconstructing, extending or improving sidewalks, including without
limitation, curbs, gutters, drains, bridges, overpasses, underpasses and grade crossings and providing
traffic controls, signals and markers and acquiring land, rights-of-way and easements required for any of
the foregoing (the “Sidewalk Projects “) and (3) to pay the costs of issuing the 2015 Bonds.
The 2015 Bonds maturing on or before February 1, 2025 will not be subject to redemption prior to
maturity. The 2015 Bonds maturing on and after February 1, 2026 will be subject to redemption prior to
maturity, at the option of the City, from any moneys that may be made available for such purpose, either in
whole or in part on any date on or after February 1, 2025. 2015 Bonds called for redemption will be
A-I
PPAB 2659223v1
37
redeemed at the redemption price of the principal amount of 2015 Bonds to be so redeemed, plus accrued
interest to the redemption date.
If less than all of the 2015 Bonds are called for redemption, the City shall select the maturity or
maturities of the 2015 Bonds to be redeemed in such manner as the City in its discretion may detennine
and DTC and its participants shall determine which of the 2015 Bonds within a maturity are to be
redeemed in accordance with its rules and procedures; provided, however, that the portion of any 2015
Bond to be redeemed shall be in principal amount of $5,000 or integral multiples thereof and that, in
selecting 2015 Bonds for redemption, each 2015 Bond shall be considered as representing that number of
2015 Bonds which is obtained by dividing the principal amount of such 2015 Bond by $5,000. Whenever
the City elects to redeem 2015 Bonds, notice of such redemption of 2015 Bonds, stating the redemption
date, redemption price and any conditions to the redemption and identifying the 2015 Bonds or portions
thereof to be redeemed by reference to their numbers and further stating that on such redemption date there
shall become due and payable on each 2015 Bond or portion thereof so to be redeemed, the principal
thereof, and interest accrued to the redemption date and that from and after such date interest thereon shall
cease to accrue, shall be given not less than 30 days nor more than 60 days before the redemption date in
writing to DTC or its nominee as the registered owner of the 2015 Bonds, by prepaid certified or registered
United States mail (or by such other means as permitted by DTC’s rules and procedures), at the address
provided to the City by DTC, but any failure or defect in respect of such mailing will not affect the validity
of the redemption. If DTC is not the registered owner of the 2015 Bonds, the City will give notice at the
time set forth above by prepaid first class United States mail, to the then-registered owners of the 2015
Bonds or portions thereof to be redeemed at the last address shown on the registration books kept by the
City.
It is hereby certified and recited that all conditions, acts and things required by the Constitution or
statutes of the State of North Carolina to exist, be performed or happen precedent to or in the issuance of
this 2015 Bond, exist, have been performed and have happened. and that the amount of this 2015 Bond,
together with all other indebtedness of the City, is within every debt and other limit prescribed by said
Constitution or statutes. The faith and credit of the City are hereby pledged to the punctual payment of the
principal of and interest on this 2015 Bond in accordance with its terms.
This 2015 Bond shall not be valid or become obligatory for any purpose until the certification
hereon shall have been signed by an authorized representative of the Local Government Commission.
A-2
PPAB 2659223v1
38
IN WITNESS WHEREOF, the City has caused this 2015 Bond to bear the original or facsimile of
the signatures of the Mayor of the City and the City Clerk of the City and an original or facsimile of the
seal of the City to be imprinted hereon and this 2015 Bond to be dated their date of issuance.
(SEAL)
City Clerk
Mayor
Date of Execution:
The issue hereof has been approved under the
provisions of The Local Government Bond Act.
Secretary of the Local Government Commission
A-3
PPAB 2659223v1
39
FORM OF ASSIGNMENT
ASSIGNMENT
FOR VALUE RECEIVED the undersigned hereby sells, assigns and transfers unto
(Please print or typewrite Name and Address,
including Zip Code, and Federal Taxpayer Identification or
Social Security Number of Assignee)
the within 2015 Bond and all rights thereunder, and hereby irrevocably constitutes and appoints
Attorney to register the transfer of the within 2015 Bond on the books kept for registration thereof,
with full power of substitution in the premises.
Dated:
Signature guaranteed by:
Signature must be guaranteed by
a Participant in the Securities Transfer
Agent Medallion Program (“Stamp”) or
similar program.
NOTICE:
NOTICE: The signature to this assignment must
correspond with the name as it appears on the
face of the within Bond in every particular,
without alteration, enlargement or any change
whatever.
TRANSFER FEE MAY BE REQUIRED
A-4
PPAB 2659223v1
40
AN ORDINANCE AMENDING THE ANNUAL OPERATING BUDGET
OF THE CITY OF SANFORD FY 2014-2015
BE IT ORDAINED by the City Council of the City of Sanford, North Carolina in regular session assembled.
Section 1: The following amounts are hereby amended to ordinance 2014-26 per 0. S. 159-15
for the
continued operation of the City of Sanford, its government, and activities for the balance of the fiscal
year 2014-2015.
GENERAL FUND
APPROPRIATION OF FUNDS
REVENUES
100045 54000
Appropriated Fund Balance
Total Appropriation
EXPENDITURES
15,000
10025300 00000 Fire
S
15,000
Section 2. This ordinance shall be in full force and effective from and after the date of its adoption.
ADOPTED this, the 6th day of January, 2015.
T. Chet Mann, Mayor
ATTEST:
15,000
41
2014-2015 BUDGET ORDINANCE AMENDMENT
GENERAL FUND
Appropriation of Funds
-
results in increasing of budget
Revenues
Appropriated Fund Balance
15,000
To appropriate funds for item described below
15,000
To budget funds for repair to engine on pumper for
fire station number 3
Expenditures
Fire
ubL-i-ld14
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P.1’I
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APPLICATION FOR
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(Signature of Applican
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it to 919-775-8205,) If you have any questions, please call City Clerk Bonnie Davis at
919-777-1111.
or fax
42
43
CITY OF SANFORD
APPLICATION FOR
BOARDS)COMMISS1ONSJCOMMITTEES
—
NAME OF APPLICANT:
COMPLETE ADDRESS (including zip code):
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DAYTIME PHONE: 9/111 Y
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I CERTIFY THAT ALL OF THE INFORMATION CONTAINED TN THIS APPLICATION IS TRUE TO THE
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ACTIVE UNTIL_______
THIS THE 1
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(Please return completed application to:
fax it to 919-775-8205.) If you
919-777-1111.
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have any questions, please
3729,
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call City Clerk
NC 27331-3729,
Bonnie Davis at
*
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1 CITY COUNCIL AGENDA CITY OF SANFORD, NORTH

Transcription

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