Lancaster County Council Stands Firm: Nine-Month Development Moratorium Approved

The Lancaster County Council convened on November 10, 2025, for a regular meeting at 6:00 PM. Key actions of the evening included the unanimous final approval of a nine-month moratorium on certain residential developments, the deferral of a budget amendment related to cardiac monitors, the initial approval of a lease agreement with the nonprofit Finding Serenity for the Barnett Building, and the approval of a fifth amendment to the Wilson Creek development roundabout agreement. The Council also received a comprehensive Roads Report Update, discussed multiple rezoning ordinances, and held a discussion on the County Administrator’s evaluation and contract in Executive Session.

The meeting was marked by extensive public comment, with many citizens urging the Council to uphold the recently passed residential development moratorium without exceptions, and expressing deep distrust and dissatisfaction with the county’s management of unfettered growth, the failure of the recent transportation sales tax referendum, and a perceived lack of transparency and accountability in county finances and decision-making.

Detailed Summary of Agenda Items

1. & 2. Call to Order and Welcome/Recognition

The Regular Meeting was called to order by Chairman Brian Carnes, and a quorum was noted to be present. Public notice was confirmed to have been posted in the county administration building lobby and on the county website, and the news media had been notified.

3. Pledge of Allegiance and Invocation

Council Member Billy Mosteller led the Pledge of Allegiance and delivered the invocation.

4. Approval of the Agenda

The Council approved the agenda with one substitution: Non-Consent Agenda Item 8K was moved up to be the first item under the Non-Consent Agenda.

5. Citizens Comments

Multiple citizens addressed the Council, with recurring themes of:

Residential Development Moratorium: Strong pleas to maintain the nine-month moratorium (Ordinance 2025-1992) as written, with no exceptions or accommodations for any developers, and suggestions for extending the moratorium to a full year. There was concern that granting one exception would open “floodgates” for others.
Sales Tax Referendum Failure: Residents linked the overwhelming “No” vote on the recent transportation sales tax to a deep-seated distrust in the County’s spending, transparency, and accountability. They demanded full transparency and clear plans for proposed projects.
Unfettered Growth and Infrastructure: Frustration was expressed over unfettered growth, lack of infrastructure, and its impact on first responders, school capacity, and quality of life. One speaker lamented that the current moratorium did not cover certain approved projects.
Traffic Congestion on 521: Specific concerns were raised about the timing and synchronization of traffic lights on Highway 521, with some describing the highway as a “four-lane parking lot” and urging the County to work with the SCDOT to optimize traffic flow.
Non-Compliance and Accountability: Citizens demanded the Council hold developers accountable to the Unified Development Ordinance (UDO) and other agreements, citing ongoing non-conformance issues in some developments.

Written comments were received from 112 citizens in support of keeping the moratorium as written and attached to the minutes. Two other emails regarding the moratorium’s extension and UDO non-compliance concerns were noted.

6. Special Presentations

6a. Introduction of New Human Resources Director: County Administrator Dennis Marstall introduced Jessica Eason Foggie, the new Human Resources Director, noting her background as a Second Lieutenant in the Air Force and recent experience in local North Carolina government. Ms. Foggie expressed her commitment to strengthening the foundation and aligning policies and practices with the County’s mission.
6b. Roads Report Update: Public Services Director Jeff Catoe presented a detailed report on road projects from 2020 through 2026, totaling $46,880,152 and covering 113.62 miles through various funding sources, including Capital Sales Tax (CPST) 2, CPST 3, the Transportation Committee (CTC) Gas Tax, and Road Preservation funds.
- Funding Breakdown (2020-2026 Programmed/Completed):
  - CPST 2: $8,077,338.94 (18.2 miles)
  - CPST 2 Proviso: $9,000,000 (15.12 miles)
  - CPST 3: $13,690,000 (21.12 miles)
  - CTC (Gas Tax): $12,912,020 (44.01 miles)
  - Road Preservation: $2,500,676.11 (15.15 miles)
- The report noted that over the five-year period, approximately 9 million of the CTC funding went towards state-maintained roads.
- A significant portion of CPST 3 funding includes $10 million reserved for the Highway 521 widening project from Marvin Road to the state line. This $10 million is designated as the local match for a requested $43 million State Infrastructure Bank grant; the County is awaiting an approval decision, expected by the end of the year.
- It was clarified that the SCDOT is solely responsible for traffic signal optimization on state roads like 521.

7. Consent Agenda

The Consent Agenda, including the minutes from the October 15 and October 27, 2025 meetings, and the 3rd Reading of Ordinance 2025-1994 (Animal Control Officer definition) and the 2nd Reading of Ordinance 2025-1995 (59.14 Acres Rezoning to AR), passed unanimously.

8. Non-Consent Agenda

8K. (Moved Up) 1st Reading of Ordinance 2025-2007 (Finding Serenity Lease): This ordinance proposes a lease agreement with the nonprofit Finding Serenity (a subsidiary of the Women’s Enrichment Center) for vacant space in the Barnett Building (1228 Colonial Commons Court, Suite 101). The nonprofit would receive free Amazon goods (clothing, baby items, etc.) for distribution to over 20 area nonprofits and schools. The proposed lease is for one year with a one-year renewal option at a reduced fee of $100 per month (down from a fair market value of approximately $2,600 per month) plus utilities.
- Action: Council approved the First Reading (5-1-1), but several members raised concerns about legal issues (liability, HVAC, roof), the large rental fee subsidy, the lack of an RFP process for non-profits seeking subsidized space, and the need for a financial analysis showing the community benefit outweighs the lost revenue.
8A. Public Hearing and 3rd Reading of Ordinance 2025-1991 (Kershaw Comprehensive Plan Addendum): Approved unanimously. This ordinance adds a tailored land use element for the Town of Kershaw to the Lancaster County Comprehensive Plan 2040.
8B. 3rd Reading of Ordinance 2025-1992 (Nine-Month Moratorium): Approved unanimously. This ordinance imposes a nine-month moratorium on new single-family and multi-family residential development approvals and permits, pending amendments to the County Unified Development Ordinance (UDO).
8C. Public Hearing and 3rd Reading of Ordinance 2025-1993 (FY 2025-2026 Budget Amendment): Deferred unanimously to the next meeting. This ordinance relates to an amendment to the budget to fund cardiac monitors. Council deferred the vote to allow the County Attorney to review and ensure the final vendor contract contains all necessary language, including out clauses, as previously requested by Council.
8D. 2nd Reading of Ordinance 2025-1996 (Parks & Recreation Rules): Approved unanimously. This ordinance amends rules and regulations for Lancaster County Parks and Recreation areas/facilities, with new adjustments primarily related to watercraft on lakes, proper abandonment, and items on docks/landings, developed in coordination with the Sheriff’s Office and Duke Energy.
8E. 2nd Reading of Ordinance 2025-1997 (Animal Enforcement Provisions): Approved unanimously. This ordinance amends Chapter 6 of the County Code related to animal enforcement, including revisions to the definition of “adequate shelter” and the re-addition of the section on reporting nuisance animal violations.
8F. 2nd Reading of Ordinance 2025-1998 (Van Wyck Fire Protection District): Approved unanimously. This ordinance amends the district’s terms to expand the funding authority to allow district fire fees to be used for both capital and operating expenses (currently only capital). It also clarifies that the District Fire Chief is a non-voting member of the Fire District Protection Board, aligning with other ordinances.
8G. Public Hearing and 1st Reading of Ordinance 2025-1999 (Charlotte Hwy Rezoning): Approved (7-0). This rezones approximately one acre at 2339 Charlotte Highway from General Business (GB) to Low Density Residential (LDR). The purpose is to separate an existing house from an adjacent storage unit area on the same parcel, fixing a non-conforming use.
8H. Public Hearing and 1st Reading of Ordinance 2025-2000 (Red Hill Road Rezoning): Approved (6-1, with Council Member Mosteller voting opposed). This rezones approximately 24.1 acres on Red Hill Road from LDR to Rural Neighborhood (RN). The applicant seeks the lower density to facilitate agricultural uses and allow for one manufactured home for a family member. Council Member Mosteller expressed concern over the lower density allowing manufactured homes and the potential impact on surrounding properties.
8I. 1st Reading of Ordinance 2025-2003 (Fifth Roundabout Amendment with KB Homes): Approved unanimously. This ordinance adds a fifth amendment to the roundabout agreement for the Wilson Creek development at the intersection of Henry Harris and Shelley Mullis roads. The delays in construction, caused primarily by utility and SCDOT issues, had placed the developer in technical default.
- Key points of the Amendment: It extends the completion date to March 2026 and, in good faith, the developer has agreed to reduce the County’s responsibility for the cost from up to $280,000 to $140,000.
8J. 1st Reading of Ordinance 2025-2004 (DSS Special Revenue Fund): Approved unanimously. This ordinance establishes a dedicated Special Revenue Fund to account for Department of Social Services (DSS) revenues and expenditures, which previously flowed through the General Fund. This realignment is necessary for compliance with state and federal requirements for specific revenue streams (like unit cost and incentive payments) that have restrictions on their allowable use. It involves transferring $275,000 from the General Fund and does not increase overall county appropriations.

9. Discussion and Action Items

9a. Appointments/Re-Appointments: Council unanimously approved the appointment of Jeffrey Monnig as the District 4 Representative to the Health and Wellness Commission for an unexpired term ending 06/30/2027.

10. Status of Items Tabled, Recommitted, Deferred or Held

The Council noted the status of:

Ordinance 2025-1988: Pending/Sent to Ad-Hoc Committee (Development Agreement with AM Group).
Ordinance 2025-1972: Postponed at Applicant’s Request (Future Land Use Map Amendment).
Ordinance 2025-1976: Postponed at Applicant’s Request (159.64 Acres Rezoning).

11. Executive Session

The Council entered Executive Session to discuss two items:

Receipt of legal advice regarding a personnel matter (Attorney-Client Privilege).
Discussion of personnel matters related to the County Administrator’s office, evaluation, and contract.