Indian Trail Town Council Meeting Agenda - Tuesday ...

Indian Trail Town Council Meeting Agenda - Tuesday, October 26, 2021

5:30 p.m. Workshop & 6:30 p.m. Regular Meeting COMMENTS FROM THE PUBLIC ARE WELCOME: Please sign up with the Town Clerk before the meeting starts or e-mail comments before 1:00 pm on meeting day to the Town Clerk at [email protected].

WORKSHOP 5:45 Closed Session under NCGS 143.318.11(a)(3&5) to Consult with Attorney and Manager Review. REGULAR MEETING

1. CALL MEETING TO ORDER - Mayor Alvarez a. Flag Ceremony – Troop 97 b. Pledge of Allegiance – Mayor Alvarez – Led by Troop 97 c. Moment of Reflection and/or Silence – Mayor Alvarez

2. AGENDA ADDITIONS AND DELETIONS 3. MOTION TO APPROVE AGENDA - motion

4. CLOSED SESSION as needed

5. PRESENTATIONS - Mayor Alvarez

a. Indian Trail Scouting BSA Troop 97 – Stuart Kerkhoff, Scout Master

6. PUBLIC COMMENTS a. General Comments (Public) b. Council Feedback to Public Comments (Council)

7. LAW ENFORCEMENT UPDATE - Captain K. James

a. Captain’s Report 8. CONSENT AGENDA - motion

a. Approval of the 10/12/21 Regular Meeting Minutes b. Approval of the 10/12/21 Special Meeting Minutes

TOWN COUNCIL Todd Barber David Cohn Mike Head Jerry Morse

TOWN CLERK

Kathy Queen

MAYOR Michael L. Alvarez

MAYOR PRO TEM Marcus J. McIntyre

TOWN MANAGER

Mike McLaurin

Agenda Packet 10-26-2021

mailto:[email protected]

c. Monthly Tax Report -September 2021 d. Resolution R211026-01 –Indian Trail Rd. - Union County Secondary Rd. Abandonment e. Indian Trail Park Watermain Improvement Project Interlocal Agreement dated 10/26/21

9. PUBLIC HEARING

a. Atley Project 1) Annexation #161 2) Conditional Rezoning CZ2021-0046 Ord. 211026-363

10. OLD BUSINESS a. Solid Waste Discussion – potential action

11. NEW BUSINESS

a. LandDesign – Presentation on Conceptual Park Ideas for Chestnut Square Park Using Existing Park Bonds (5 Min.) (Mr. McLaurin) – potential action

b. Manager’s Capital Project Recommendations - FY22 Funding Considerations (10 Min.) (Mr. McLaurin) – potential action

12. DISCUSSION ITEMS

13. MANAGER’S UPDATE – Michael McLaurin

a. Retail Strategies Update b. American Rescue Fund Update c. Sardis Roundabout Update d. Miscellaneous

14. COUNCIL COMMENTS

a. Comments 15. ADJOURN


Regular Meeting Minutes 10-12-2021 Page 1

TOWN COUNCIL6:30 PM REGULAR MEETING Council Chamber – In Person October 12, 2021

MINUTES

Present: Mayor Michael Alvarez; Mayor Pro Tem McIntyre; Council Members Todd Barber, David Cohn, Mike Head, and Jerry Morse

Staff: Town Manager Michael McLaurin, Town Clerk Kathy Queen, and Town Attorney Karen Wolter

6:30 p.m. Regular Meeting

Mayor Alvarez opened the Regular Town Council Meeting at 6:30 p.m. A quorum was present.

1. CALL MEETING TO ORDERa. The Pledge of Allegiance and a Moment of Reflection and/or Silence were observed.

2. AGENDA ADDITIONS AND DELETIONSa. DELETE Item 10A – Solid Waste Vendor Selection

MOTION was made by Mayor Pro Tem McIntyre to approve removing this item from the agenda and was unanimously approved.

3. MOTION TO APPROVE AGENDA

MOTION was made by Mayor Pro Tem McIntyre to approve the amended agenda was unanimously approved.

4. CLOSED SESSIONA Closed Session was not held during this meeting.

5. PRESENTATIONS

6. PUBLIC COMMENTS

a. Public Comments

Mayor Alvarez read the Town’s Policy regarding addressing Council during Public Comments. He opened Public Comments. There were no comments. Mayor Alvarez closed Public Comments.


DRAFT


7. LAW ENFORCEMENT UPDATECaptain James noted the number of reportable incidents for this period have had very little change. He thanked the community for their participation in the Adopt-A-Cop Program and remembered Captain Chase as yesterday was the second anniversary of his death. Captain James reminded the Board of the Spooktacular Event scheduled for 10/22 and noted toys will begin to be collected by Indian Trail in conjunction with Hemby Bridge, Bakers, and Stallings for underprivileged kids for Christmas. Final collections will be accepted at the Indian Trail Tree Lighting event on December 5. Toys will then be delivered to the Christmas Bureau on December 7 in Monroe.

8. CONSENT AGENDA

MOTION was made by Council Member Head to approve the following Consent Agenda items a. Regular Meeting Minutes for 9/28/21.b. Resolution R211012-01 setting Atley Project Public Hearing Date for 10/26/21c. Acceptance of Streets: Waldon @ Austin Village (3 Streets) Laney Pond Rd., Magnolia Trace

& Austin Village Drive.and was unanimously approved.

9. PUBLIC HEARING

a/b. Moore Farm Phase 3 & 4 (Annexation & Rezoning)

Brandi Deese, Planning Director, presented a request from National Land Investment, LLC, to conditionally rezone approximately 111.92 acres located along the east and west lines of 3124 and 3340 Waxhaw Indian Trail Road from Union County Residential‐40 and Master Planned Development to Indian Trail, Conditional Zoning, Single‐Family District and Overlay Village Center District. The intent of this request is to allow 289 single‐family detached homes and 186 townhomes. This request is being considered concurrently with Annexation # 163. The subject property is located within the Moore Farm Village.

Staff has found the proposed rezoning request to be consistent with the following goals of the Comprehensive Plan:

1. Land Use and Housing Goal #1: Promote a mix of different types of land uses withineach village, and avoid potential land use conflicts between neighboring properties andsurrounding municipalities;

2. Land Use and Housing Goal #5: Emphasize high quality design to ensure attractive landdevelopment and redevelopment;

3. Infrastructure Goal #1: Expand and improve public and private utilities such as water,sewer, storm water, electric, natural gas, and communications infrastructure throughout thecommunity.

At the September 21, 2021 Planning Board Meeting, the Planning Board unanimously recommended approval of this project.

Staff presented the following conditions to the Board:



1. Staff to confirm that Union County Public Works, Environmental Health, Sheriff’s Office, andFire Marshall have made comments and are addressed during site plan review.

2. The development shall comply with all other applicable requirements of the Town of Indian TrailUnified Development Ordinance.

3. Town approval incorporates and shall comply with any and all submittals in the case file andcorrespondence presented to the Town Council in support of this application, including, but notlimited to the following: the site/sketch plan, and any other information related to this case orimprovements recommended by the Town and/or other agencies.

4. The US Postal Service has notified the Town that all future subdivision approvals must utilize acommunity mail delivery system (cluster mailboxes). Locations and details of the proposedcommunity mailboxes must be included in the construction documents and must be reviewed andapproved by the Postmaster for this area. The applicant(s) must provide the Town with writtenconfirmation that the local Postmaster agrees with the proposed box locations.

5. Architecture for the single‐family homes should remain the same as submitted in the concept plan.6. Density for the project shall remain 4.24 units per acre.7. Reduction of the minimum lot area per unit from single‐family (8,000 square feet for SF‐5) to

6,000 minimum square feet of lot area.8. Reduction of the single‐family minimum lot width (60’) to 50’ and 52.’9. Reduction of the single‐family building setbacks in the SF‐5 (Front 25’ to 20’, Rear 30’ to 25’ and

Side 10’ to 5’).10. Allowance of Townhome in a SF‐5 zoning district.11. Reduction of Townhome lot area (3,350 minimum lot area for each unit to 2,200 square feet).12. Compliance with Town Engineering and NCDOT requirements.13. Amenities include extensive open space and tree save areas, a hard surface trail throughout the

community and a dedication of a 20’ greenway easement as part of the Carolina Thread Trail.14. There shall be a 25‐foot perimeter landscape buffer and if necessary supplemented with additional

landscaping.15. Upon consent of the property owner, the developer agrees to provide additional landscaping buffer

on parcel 07117026A (3113 Waxhaw Indian Trail Road) to eliminate visible impacts of thedevelopment.

Following staff’s presentation, the applicant reviewed the project with the Board using a Power Point presentation.

Board Members asked about Phases I & II and noted these phases were not contiguous when they were first presented. Therefore, they are not in Indian Trail. However, Phases 3 and 4 are contiguous and are therefore being requested to be annexed into the Town. Questions were asked about the increased density in Phases 3 & 4 as compared to Phases 1 & 2; the response was that Phases 3 & 4 consist of Townhomes. Council Member Morse asked how this project is consistent for the area; The applicant stated the area has a good mix of density and the project fits into the area. Council Member Barber noted there were 13 comments at the community meetings and asked if all concerns were addressed; the applicant affirmed. Land Designs Team Members present at the meeting include John Ross (Eagle Engineering), Mel Graham (Developer/Applicant), Randy Goddard (Design Resource Group), Mark Kime (LandDesign), and Wesley Henson (Attorney).



Mayor Alvarez opened the Public Hearing Opposed Jasmine Rosario, Mary Spence & family, Joshua Mabarak, and Ariana of the Moore Farm community were opposed to the project. Supportive Karen Moore-Prewette and Kenya Moore Rankin were in favor of the project.

Mayor Alvarez closed the Public Hearing.

Annexation: MOTION was made by Council Member Morse to adopt Annexation Ordinance #163 and passed 4:1 with Council Member Morse opposing. Conditional Rezoning: MOTION was made by Council Member Morse to adopt the Statement of Consistency as read into the record for CZ2021-0149 by staff on October 12, 2021 and passed 4:1 with Council Member Morse opposing. MOTION was made by Council Member Morse to adopt Ordinance #O211012-366 for rezoning request CZ2021-0149 and passed 4:1 with Council Member Morse opposing.

9c. Text Amendment

Brandi Deese, Planning Director, presented a request to amend Chapter 970 of the Indian Trail Unified Development Ordinance (UDO) to adjust the timing and location of civic group temporary special event signage. She stated the proposed changes are intended to allow more visibility for civic group events and provide a longer time period for fundraising efforts and to address events that may span for longer periods or might occur weekly.

Modifications to 970.060 and 1620.030 are identified in [ ] as follows:

A: Signs shall be erected no sooner than fourteen (14) days prior [to the first day of the event] and removed no later than three (3) days after [the last day of the event. No sign shall be erected for a period that exceeds sixty (60) days per calendar year.]

[E. Signs for civic organizations may be located on property other than the location of the event with written permission from the property owner.]

[1620.030 Definitions – “C” Civic Organization Any local service club, veterans’ post, fraternal society, or association operated exclusively for educational or charitable purposes and the net earnings of which are devoted exclusively to charitable, educational, recreational, or social welfare purposes.]

MOTION was made by Mayor Pro Tem McIntyre to adopt Ordinance #O211012-367 and passed unanimously.



10. OLD BUSINESS

11. NEW BUSINESS

a. Indian Trail Park Water Improvements Project Award.

Todd Huntsinger, Engineering Director, informed Council Members that he is seeking approval for a notice of award. Previously, the Town conducted a stormwater project in Indian Trail Park. There were two areas where the Town could not install stormwater drainpipes because the watermain was in the way. The County erred in locating the watermain, and as a result, agreed to supplement the cost of the project. The Town will administer the completion of the project, and the County will inspect it. The Town and County will work together under an interlocal agreement with the County whereby the County has agreed to reimburse the Town the added cost of $178,172.50. All costs over this amount will be the Town’s responsibility. MOTION was made by Council Member Morse to approve awarding the service contract for the Indian Trail Park Water Improvement Project to North State Water and Sewer, Inc. in the amount of $178,172.50 and was unanimously approved. b/c. UCSO Equipment Purchase Request Town Manager Mike McLaurin informed Council that the Town has received a request to purchase equipment for use by the IT-UCSO for use in their Indian Trail Office. The equipment requested is 1) a Livescan Fingerprint Scanner in the amount of $20,829.34 and a Specialty Patrol/Rescue Vehicle in the amount of $16,429.37. An agreement will be presented to the Board for approval at the October 26, 2021 Town Council meeting. Captain James noted that the fingerprint equipment will help the department catch up on backlog of gun-permit applications extending over 90 days. The fingerprint equipment will serve primarily Indian Trail residents and will allow for the IT-UCSO to become a full-service office. It was clarified that this equipment will not be dedicated solely for use by Indian Trail residents but will be open to all County residents. The vehicle is a four-seater and will be modified by the IT-UCSO to be able to transport a patient and medical/emergency materials. Captain James stated there are a significant amount of green space and trails in the Town, and there is no way to remove a distressed individual unless they are walked out. The UCSO plans to modify the equipment to be able to transport an individual and medical equipment; Costs for these modifications are approximately $6,000. MOTION was made by Mayor Pro Tem McIntyre to approve the purchase of two pieces of equipment 1) the purchase of a Livescan Fingerprint Scanner in the amount of $20,829.34 and 2) a Specialty Patrol/Rescue Vehicle in the amount of $16,429.37 for use by the Union County Sheriff’s office and was unanimously approved.

12. DISCUSSION ITEMS 13. MANAGER’S UPDATE – Michael McLaurin Town Manager Michael McLaurin made the following comments: • Resurfacing Update: The Town is preparing to pave nine streets, three each are in Indian Trail Park,

Brandon Oak, and Crowell Park. This is part of the stormwater neighborhood improvement project.



Mr. Huntsinger has reported that the road-condition report was recently received, and once streets have been identified for resurfacing, the Board will be notified.

• Municode Update: Old language has been cleaned up, obsolete statues have been removed, and thenew code will be placed online for easy review. Final draft copy will be returned by October 30 toMunicode.

• Town Manager’s Review: Completed reviews should be sent to the Town Attorney.

14. COUNCIL COMMENTSCouncil Members made general closing remarks.

15. ADJOURNBeing no further business, Mayor Alvarez asked for a Motion to adjourn.

MOTION was made by Mayor Pro Tem McIntyre to adjourn the meeting at 8:02 p.m. and was unanimously approved.

INDIAN TRAIL TOWN COUNCIL Attest:

_____________________ ___________________________ Kathy Queen, Town Clerk Michael L. Alvarez, Mayor


Special Meeting Minutes 10-12-2021 Page 1

TOWN COUNCIL Developer Workshop Council Chamber October 12, 2021 @ 5:30 p.m.

MINUTES Present: Mayor Michael Alvarez (Arrived 5:47 p.m.); Mayor Pro Tem McIntyre; Council Members

Todd Barber, David Cohn, Mike Head, and Jerry Morse (Arrived 6:17 p.m.) Staff: Town Manager Michael McLaurin, Town Clerk Kathy Queen, Town Attorney Karen Wolter

Mayor Pro Tem McIntyre opened the Special Town Council Meeting at 5:40 p.m. A quorum was present.

Capital Improvement Project Overview and Discussion Mike McLaurin, Town Manager, reviewed with the Board current and proposed Capital Investment Projects for the Town. Each project was discussed at a high level. There was additional discussion on extending Old Monroe Road to Highway 74 as part of the Indian Trail Complete Street. It was noted this would need to be a separate project and would be contingent upon Duke Power’s resolve of existing infrastructure. Mr. McLaurin also informed Council that the Town has contracted with LandDesign to review parks and develop a plan to enhance the amenities and use of the parks for the residents. These ideas will be presented to Council as soon as they are ready.

The Board requested for Town Manager McLaurin to bring the Capital Improvement projects to the next Council meeting on 10/28/21 for discussion and potential approval.

Being no further business, Mayor Alvarez closed the Special Meeting at 6:17 p.m.

TOWN COUNCIL OF INDIAN TRAIL Attest:

___________________________ ______________________ Michael L. Alvarez, Mayor Kathy Queen, Town Clerk


DRAFT

PO Box 2430 . Indian Trail . North Carolina . 28079 . (704) 821-5401 .

Town of Indian Trail

MEMO

To: Mayor & Town Council

From: Alicia Massey, CTC

Meeting Date: October 26, 2021

Subject: Month End September 2021

According to GS 105-350(7) it is the duty of the tax collector to submit to the governing body at each of its regular meetings a report of the amount he/she has collected on each year’s taxes with which he is charged, the amount remaining uncollected, and the steps he/she is taking to encourage or enforce payment of uncollected taxes.

Below is the month end report for September 2021 collections (current and prior year). The tax department is using all collection remedies as provided by general statute to collect delinquent taxes including but not limited to garnishments, attachments, and NC Debt Setoff.

Current Year Tax (FY 21/22 through September 30)

REQUESTED ACTION

Requesting Council’s approval

Billed $11,109,121 Collected $1,341,271 Total Due $9,767,850

Prior Year(s) Collected (from Tax Years 2011-2020) Collected $5,739 GAP Collected $758 Penalty Billed $1,362 Penalty Collected $885

These numbers represent collections for properties that remain unpaid from the tax year for which they were due. In addition to the above-mentioned collection remedies, we also work in conjunction with Union County to collect delinquent property taxes through foreclosure.

GAP Billing Billed $9,332 Collected $2,404 Total Due $6,928

GAP Billing refers to the gap between the time the NC registration for a motor vehicle expires and a new registration is issued for that same vehicle. During that gap, the motor vehicle is unregistered, obligating the municipality in which that vehicle is registered to list and tax as personal property per GS 105-330.3.




MEMO To: Mayor & Town Council

From: Todd Huntsinger, Director of Engineering


Subject: Indian Trail Road – Abandonment Resolution

GENERAL INFORMATION

After NCDOT review, the Town was requested to add some additional language to this resolution that was previously executed. Additional language was to indicates that the Town would takeover over responsibility for maintenance of this roadway once this abandonment is approved. REQUESTED ACTION Requesting Council’s approval


Form SR-2 (3/2006)

North Carolina Department of Transportation Division of Highways

Request for Abandonment Resolution (SR-2) for Indian Trail Road, Indian Trail NC

R211026-01

State: North Carolina County: Union County Road Description: SR1008 Indian Trail Road from the intersection of HWY 74 to the intersection

of Old Monroe Road

WHEREAS, the attached petition has been filed with the Town of Indian Trail of the County of Union requesting that the above-described road, the location of which has been indicated in red on the attached map, be abandoned to the Secondary Road System;

WHEREAS, the Town of Indian Trail is of the opinion that the above-described road should be removed from the Secondary Road System;

WHEREAS, the Town of Indian Trail plans to request to take over responsibility for maintenance of this roadway once the abandonment is approved.

NOW, THEREFORE, be it ordained by the Town Council of the Town of Indian Trail, Union County, that the NC Division of Highways is hereby requested to abandon the above-described road.

CERTIFICATE

The foregoing resolution was duly adopted by the Town of Indian Trail of the County of Union at a meeting on the 26th day of October, 2021.

WITNESS my hand and official Seal this the 26th day of October 2021.


Attest: __________________ Michel L. Alvarez, Mayor

_____________________ Kathy Queen, Town Clerk

Copy to be forwarded to the Division Engineer, Division of Highways.





From: Todd Huntsinger, Director of Engineering


Subject: Indian Trail Park WM Improvements (Interlocal Agreement)

GENERAL INFORMATION

The Town and Union County has agreed to enter into an interlocal agreement for the Indian Trail Park Water Main Improvements Project. This project was awarded to North State Water and Sewer, Inc. for $178,172.50. This agreement states that the County will bear the cost of the entire project ($178,172.50). Any additional costs that occurs beyond the contract amount will be the responsibility of the Town to compensate for. REQUESTED ACTION Requesting Council’s approval


STATE OF NORTH CAROLINA INTERLOCAL AGREEMENT

FOR ADMINISTERING INDIAN TRAIL PARK WATER

MAIN IMPROVEMENTS CONTRACT COUNTY OF UNION THIS AGREEMENT is made and entered into this the 26th day of October 2021, by and among the Town of Indian Trail, North Carolina and Union County Unincorporated, NC (hereinafter collectively referred to as the “Parties”).

W I T N E S S E T H:

WHEREAS, both Parties have agreed to work together to engage a contractor to install a new water main in Indian Trail and that Indian Trail shall oversee the drafting and administering the resulting contract; and WHEREAS, as the conditions and standards of this contract will be reviewed and approved by both parties before it is advertised to the public;

WHEREAS, more specifically, this Contract will identify a water main improvement each Party would like to see remediated in the same consistent manner based on specifications and special provisions outlined in the approved Contract; WHEREAS, both Parties have determined that it is most economical and in the best interests of the citizens of Indian Trail and the customers of Union County Public Works that this project shall proceed as soon as possible, and under the supervision and control of the Town of Indian Trail; and WHEREAS, the Parties have agreed that the engineer’s estimate shall be prepared and approved by both parties before an Invitation to Bid is executed; WHEREAS, this Agreement is made under the authority of N.C. Gen. Stat. § 160A-460 et seq. NOW, THEREFORE, for and in consideration of the mutual covenants and agreements hereinafter set forth, the parties hereto do each contract and agree with the other as follows:

1. Purpose: The purpose and intent of this Interlocal Agreement is to provide for a binding agreement that obligates Indian Trail to administer and complete the Indian Trail Water Main Improvement Project within the Town of Indian Trail and obligates Union County Public Works to pay to Indian Trail the contract amount not to exceed $178,172.50 allocated to the portion of the Project that is performed and completed in Indian Trail. The Town agrees that any additional costs beyond the contract amount stated above shall be at the Town’s expense.

2. Term: This Agreement shall commence upon execution by both parties and shall continue until the earlier of completion of the Project or May 31, 2022.


3. No Joint Agency Established: No joint agency under NCGS § 160A-462 is to be established as a result of the execution of this Agreement.

4. Contract: Indian Trail shall be responsible to bid and contract for the work to be performed to complete the Project (the “Contract”). Prior to bidding the Project, the Parties shall A) obtain an engineer’s estimate for the cost of the project; B) establish the specifications and standards required for the Project. Once awarded, Indian Trail shall administer the Contract on behalf of both Parties. The Contract shall contain terms that clarify no payment will be due contractor until the work performed is inspected and approved by Union County Public Works.

5. Funding:

a. Union County Unincorporated, NC agrees to pay to Indian Trail those amounts invoiced under the Contract per the terms of this Agreement.

b. Indian Trail agrees to pay those amounts invoiced under the Contract for any amounts over the original Contract amount that are due to the Contractor based on unforeseen conditions.

c. Payment Due to Indian Trail: Union County Unincorporated, NC shall make

payment to Indian Trail within 15 days after receipt of each invoice. Each invoice shall include sufficient detail such that Parties can confirm that the work completed and invoiced was performed per the specifications under the Contract.

6. Inspection of Work: Union County Public Works shall inspect and approve the work

performed for this project and may instruct the Town to withhold payment if the work is not completed to each Party’s satisfaction. Notwithstanding the foregoing, such approval shall not be unreasonably withheld, and payment shall be made promptly when the unapproved condition is remedied.

7. Amendment or Termination: This Agreement may be amended or terminated only by an

instrument in writing executed by both parties hereto and approved by their respective Councils.

8. Assignment: Neither party may assign its rights under this Interlocal Agreement unless by written consent of the other party.

9. Waiver: No waiver of any breach of any one or more of the conditions or covenants of this

Agreement by either party shall be deemed to imply or constitute a waiver of any succeeding or other breach under this Agreement.

10. Governing Law and Jurisdiction: North Carolina law shall govern the interpretation and

enforcement of this Interlocal Agreement, and any other matters relating to this Interlocal Agreement.

11. Severability: Should any one or more of the provisions contained in this Interlocal

Agreement be held invalid, illegal or unenforceable in any respect, the validity, legality and enforceability of the remaining provisions contained in the Interlocal Agreement shall


not in any way be affected or impaired thereby, and this Agreement shall otherwise remain in full force and effect. If any such provision is held to be invalid or unenforceable, then upon the request of either party, the parties shall attempt in good faith to negotiate and agree upon a replacement provision.

12. Counterparts: This Interlocal Agreement may be simultaneously executed in several

counterparts, each of which when so executed shall be deemed to be an original, and such counterparts together shall constitute but one and the same instrument.

13. Miscellaneous: The headings, captions and numbers in this Interlocal Agreement are solely

for convenience and shall not be considered in construing or interpreting any provision in this Agreement. Wherever appropriate in this Agreement, personal pronouns shall be deemed to include other genders and singular to include plural if applicable. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed the day and year above written. UNION COUNTY UNINCORPORATED, NC:

Attest: ______________________________ Date: ____________

By:______________________________

(Signature)

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________ Finance Director TOWN OF INDIAN TRAIL: Attest: ______________________________ Date:____________

By: _______________________________

Mike McLaurin, Town Manager

This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal Control Act. _________________________________ Jim Wojtowicz, Finance Director



Memo To: Mayor & Town Council

From: Brandi Deese, AICP, Planning Director

Date: October 26, 2021

Subject: Annexation #161, Atley Subdivision

GENERAL INFORMATION

This is a petition for the voluntary annexation of a portion of 2 Union County parcels into the Town of Indian Trail. The public hearing for this annexation will be held during the October 26, 2021 Town Council meeting.


Project Number and Reference: Annexation # 161 – Atley Town Council Meeting Date: October 26, 2021

2

PO Box 2430

Indian Trail, NC 28079 PLANNING DEPARTMENT

Summary This is a petition for the voluntary annexation of a portion of 2 Union County parcels into the Town of Indian Trail. The first phase of the annexation process requires the adoption of a resolution by Town Council directing the Town Clerk to Investigate the Sufficiency of the Voluntary Annexation Petition and set the public hearing date. The final phase of the annexation process requires Town Council to hold a public hearing and determine whether to approve or deny the request to annex into the Town. Background and Analysis The subject parcel (see Exhibit 2, Annexation Map) is located along the north line of Poplin Road adjacent to the Fieldstone Farm Subdivision, approximately 945’ west of N. Rocky River Road. The owner is requesting that the Union County parcels be annexed into the Town.

Case: Annexation #161 Reference Name Atley Annexation

Applicant Town of Indian Trail

Submittal Date December 8, 2020

Location Located along the north line of Poplin Road adjacent to the Fieldstone Farm Subdivision, approximately 945’ west of N. Rocky River Road.

Tax Map Number Portions of Tax Parcel Numbers Union County 07006004B and 07006004



3

Staff Contact Brandi Deese, AICP, Planning Director 704-821-5401 [email protected]

Exhibit 1: Petition for Annexation Exhibit 2: Ordinance Exhibit 3: Annexation Map


mailto:[email protected]


4

Exhibit 1


Annexation Ordinance #161 10-26-2021 Page 1

TOWN OF INDIAN TRAIL ANNEXATION ORDINANCE # 161

A portion of 07006004 and portion of 07006004B totaling approximately 26.025 acres located along the North line of Poplin Road adjacent to the Fieldstone Farm Subdivision and approximately 945’ west of N. Rocky River Road. Tax Parcels Union County: A portion of 07006004 and a portion of 07006004B owned by Bulldog Timber Management, LLC, Orchard Hill I, LLC, and Dale G. Ledbetter.



AN ORDINANCE TO EXTEND THE CORPORATE LIMITS OF THE TOWN OF INDIAN TRAIL, NORTH CAROLINA

ANNEXATION ORDINANCE #161 Voluntary Annexation of Union County, NC,

a portion of parcel 07006004 and a portion of 07006004B totaling approximately 26.025 acres located along the North line of Poplin Road adjacent to the Fieldstone Farm Subdivision and approximately

945’ west of N. Rocky River Road, owned by Bulldog Timber Management, LLC, Orchard Hill I, LLC and Dale G. Ledbetter.

WHEREAS, the Indian Trail Town Council has been petitioned pursuant to N.C.G.S. Chapter 160A, Article 4A Part 1 to annex the area described below; and WHEREAS, the Town Council has by resolution directed the Town Clerk to investigate the sufficiency of the petition; and WHEREAS, the Town Clerk has certified the sufficiency of the petition and a public hearing on the question of annexation was held at the Indian Trail Town Hall at 6:30 pm on the 26th day of October 2021 after due notice by the Charlotte Observer; and WHEREAS, the Town Council finds that the petition meets the requirements of G.S. 160A-31(d); and NOW THEREFORE BE IT ORDAINED by the Town Council of the Town of Indian Trail, North Carolina that: Section 1. By Virtue of the authority granted pursuant to N.C.G.S. Chapter 160A, Article 4A, Part 1,

the following described territory is hereby annexed and made part of the Town of Indian Trail, North Carolina:

COMMENCING FROM NORTH CAROLINA GEODETIC MONUMENT “Union HM79” HAVING NORTH CAROLINA NAD 83/2011 GRID COORDINATES; NORTHING: 485,825.66, EASTING: 1,524,855.86, A COMBINED SCALE FACTOR OF: 0.99985319, THENCE N 00-04-37 E 5,484.72 FEET (GROUND DISTANCE), 5,483.91 FEET (GRID DISTANCE) TO THE POINT OF BEGINNING, HAVING NC GRID COORDINATES OF N 491,309.57, E 1,524,863.22, SAID POINT BEING IN CENTERLINE OF POPLIN ROAD; THENCE WITH THE CENTERLINE OF POPLIN ROAD THE FOLLOWING THREE (3) CALLS: 1) N 81-57-48 W 497.05 FEET TO A POINT, 2) N 79-02-22 W 200.99 FEET TO A POINT, 3) N 77-44-32 W 208.23 FEET TO A POINT MARKING THE SOUTHEAST CORNER OF FIELDSTONE FARM, MAP 9, AS RECORDED IN PLAT CAB. L, FILE 596 OF THE UNION COUNTY REGISTRY; THENCE DEPARTING THE CENTERLINE OF POPLIN ROAD AND WITH THE COMMON EASTERN LINE OF THE AFOREMENTIONED FIELDSTONE FARM, MAP 9 THE FOLLOWING FOUR (4) CALLS: 1) N 33-42-26 W 44.98 FEET TO A FOUND #4 REBAR, 2) N 13-02-13 E 167.95 FEET TO A FOUND 1” PIPE, 3) N 25-47-56 E 156.14 FEET TO A FOUND #5 REBAR, 4) N 32-54-26 E 292.09 FEET TO A FOUND #4 REBAR MARKING THE SOUTHWEST CORNER OF DALE G LEDBETTER AS RECORDED IN DB 4083 Page 831 AND PLAT CAB. K FILE 441 OF THE UNION COUNTY PUBLIC REGISTRY; THENCE WITH THE COMMON LINE OF THE AFOREMENTIONED LEDBETTER THE FOLLOWING TWO (2) CALLS: 1) S 73-08-57 E 222.20 FEET TO A FOUND #4 REBAR, 2) N 67-42-37 E 72.41 FEET TO A SET #4 REBAR; THENCE WITH A NEW LINE, WITHIN THE AFORMENTIONED LEDBETTER THE FOLLOWING FOUR (4) CALLS: 1) N 3-28-42 W 13.22 FEET TO A SET #4 REBAR, 2) N 30-42-27 E 41.06 FEET TO A SET #4 REBAR, 3) N 40-10-27 E 325.22 FEET TO A SET #5 REBAR, 4) N-42-35-20 E 105.54 FEET TO A FOUND #5 REBAR ON THE COMMON LINE OF THE AFOREMENTIONED LEDBETTER; THENCE WITH THE COMMON LINE OF THE AFOREMENTIONED LEDBETTER THE FOLLOWING TWO (2) CALLS: N 42-33-09 E 152.41 FEET TO A FOUND #5 REBAR, 2) N 60-48-42 E 184.60 FEET TO A SET #4 REBAR; THENCE WITH A NEW LINE, WITHIN THE PROPERTY OF BULLDOG TIMBER MANAGEMENT, LLC THE FOLLOWING THREE (3) CALLS: 1) S 58-53-59 E 282.55 FEET TO A SET #4 REBAR, 2) S 35-09-11 E 132.88 FEET TO A SET #4 REBAR, 3) N 54-50-49 E 40.00 FEET



TO A SET #4 REBAR ON THE COMMON LINE OF MATTHEW & KAYLIN HOLDER AS RECORDED IN DB 7410, Page 298 & PLAT CAB. O, FILE 660 OF THE UNION COUNTY REGISTRY; THENCE WITH THE COMMONE LINE OF THE AFOREMENTIONED HOLDER S 35-09-11 E 294.14 FEET TO A FOUND #4 REBAR ON THE COMMON LINE OF BETTY SIMPSON AS RECORDED IN DB 6999 Page 40 OF THE UNION COUNTY PUBLIC REGISTRY; THENCE WITH THE COMMONE LINE OF THE AFOREMENTIONED SIMPSON S 41-26-42 W PASSING A FOUND #4 REBAR AT 1036.89 FEET A TOTAL DISTANCE OF 1076.27 FEET TO THE POINT AND PLACE OF BEGINNING, BEING 26.025 ACRES TOTAL.

Section 2. Upon and after the 26th day of October 2021, the above-described territory and its citizens and property shall be subject to all debts, laws, ordinances, and regulations in force in the Town of Indian Trail, North Carolina and shall be entitled to the same privileges and benefits as other parts of the Town of Indian Trail, North Carolina. Said territory shall be subject to municipal taxes according to G.S. 160A-58.10.

Section 3. The Mayor of the Town of Indian Trail, North Carolina shall cause to be recorded in the

office of the Register of Deeds of Union County, and in the office of the Secretary of State at Raleigh, North Carolina, an accurate map of the annexed territory, described in Section 1 of this ordinance, together with a duly certified copy of this ordinance. Such a map shall also be delivered to the Board of Elections, as required by G.S. 163-288.1.

Adopted this 26th day of October 2021 Reference: Contiguous Annexation Map for Atley: Book____ Page _____

TOWN OF INDIAN TRAIL, NC ______________________ Michael L. Alvarez, Mayor

ATTEST: ______________________ Kathy Queen, Town Clerk APPROVED AS TO FORM:

______________________ Town Attorney


Town of Indian Trail Memo

To: Mayor & Town Council

From: Brandi Deese, AICP, Planning Director

Date: August 10, 2021

Subject: CZ 2020-0046

GENERAL INFORMATION This is a request to conditionally rezone approximately 26.025 acres from Union County Residential Agriculture-40 (RA-40) to Town of Indian Trail, Conditional Zoning, Single-Family District (CZ SF-5) (see Attachment 1, Application). The intent of this request is to allow 125 alley loaded single-family detached homes. The proposed single-family detached density based on net 22.22 acres is approximately 5.6 units per acre and density based on gross acreage is 4.76 units per acre.


Project Number and Reference: CZ 2020-0046 Atley Planning Board Meeting Date: July 20, 2021

Town Council Meeting Date: October 26, 2021

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P.O. Box 2430

Indian Trail, North Carolina 28079 PLANNING DEPARTMENT

Request: 123 single-family detached homes

Existing Zoning: Union County, Residential Agriculture-40 (RA-40)

Proposed Zoning: Conditional Zoning, Single-Family District (CZ SF-5)

Location: Along north line of Poplin Road adjacent to the Fieldstone Farm Subdivision and approximately 945’ west of N. Rocky River Rd

Parcels: Portion of 07006004 and Portion of 07006004B

Concurrent Projects: Annexation #161

Applicant: TRI Pointe Homes

PROJECT SUMMARY This is a request to conditionally rezone approximately 26.025 acres from Union County Residential Agriculture-40 (RA-40) to Town of Indian Trail, Conditional Zoning, Single-Family District (CZ SF-5) (see Attachment 1, Application). The intent of this request is to allow 125 alley loaded single-family detached homes. The proposed single-family detached density based on net 22.22 acres is approximately 5.6 units per acre and density based on gross acreage is 4.76 units per acre.




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ANALYSIS/OVERVIEW Compatibility with Surrounding Area The current zoning for the surrounding area is mostly Single-Family Residential District. The subject development is situated on the far eastern edge of the Rocky River Village Plan within an area designated as a neighborhood center in the Town’s Comprehensive Plan. The proposed plan has accomplished land use, density recommendations and several other guidelines. Existing zoning for the subject property as well as surrounding properties can be seen in Attachment 3, (Existing Zoning Map). The proposed (CZ SF-5) conditional zoning, single-family residential is a consistent zoning designation within the Rocky River Village Center Overlay area of the Comprehensive Plan. This development is a good transition between the less dense Fieldstone Farms bordering the property to the west and the stub street to the future non-residential. This corner at the northwest intersection Poplin Road and N Rocky River Road is contemplated to be non-residential that will help further the neighborhood center concept by providing neighborhood service businesses to accommodate the nearby communities. See Attachment 4, (Future Zoning Map) for the future zoning from the Comprehensive Plan. See the table below for adjacent property zoning and use comparison. Summary of Surrounding Zoning and Uses

Surrounding Subject Property Municipality Zoning District Use North Union County • Residential Agriculture-40

(RA-40) • Single Family

Detached and Wooded

South Indian Trail Union County

• CZ-PUD (Conditional Planned Unit Development)

• Residential Agriculture (RA-40)

• Proposed Single Family Detached, Townhomes, Mixed Uses, Emergency Center (Southgate)

• Single Family Detached

East Union County • Residential Agriculture (RA-40)

• Single Family Detached

West Indian Trail • Single Family District (SF-5)

• Single Family Detached (Fieldstone Farm)




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PROJECT ELEMENTS Concept Plan A conceptual plan (See Attachment 9) and architectural samples have been provided (See Attachment 8). The proposed single-family detached homes will be alley loaded with garages. The modern two-story homes will bring a unique housing type to the area. All structures shall be built in accordance with the Development Standards in the concept plans and in general accordance with elevations in Attachment 8 and shall be constructed of glass, brick, stone (decorative), simulated stone, pre-cast stone, architectural pre-cast stone, synthetic stone, stucco, cementitious siding (such as hardi-plank), or wood. EIFS as a building material will be allowed as back-up for architectural trim on stucco clad buildings. Vinyl, as a building material, will only be allowed on windows, soffits, and trim features. Final elevations will be reviewed as part of the Site Plan Review submittal and review process, after this conditional zoning is approved. Traffic Impact Analysis (TIA) (See Attachment 7) A TIA was conducted by Ramey Kemp Associates and the Town and NCDOT held a scoping meeting which since that time the TIA is approved. The applicant is required to make all road improvements per the TIA and must meet all NCDOT requirements. Improvements for this project includes two access points, both Access A and B are shown to be full access driveways. The Town of Indian Trail Engineering Department states that due to the separation of the proposed access drives both cannot be full movement. It is recommended that one access drive be right in and right out and to continue further discussions with NCDOT. TIA Recommended Lane Configurations with Recommended Developer Improvements Parking The parking requirement for single-family home is 2 spaces per home.

The single-family development proposal for this project results in a requirement of 250 parking spaces and 375 spaces have been provided. There will be ample parking for each plus the extra on street parking will account for visitor parking. School Impact Analysis The applicant provided a School Impact Study that was prepared by Susan Clapp Consulting to ensure the most accurate and current data and methodology was used. (Please see Attachment 6, School Impact Study) The most recent School Impact Study used public school enrollment from the American Community Survey data and based calculations on the housing unit yield factors by age (0-17) and additional Census Bureau data that estimates birth rates and population projections for Union County.




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These yield factors represent the average number of children per housing unit in the area. The final estimated housing unit yield factors and birth rates are applied to 131 proposed units in the Atley subdivision development, and the results are age forward to produce at ten-year projection of the number of residents age 0-17 in the development. When these yield rates are applied to the site, the total 2029-30 school year projected impact on Union County Public School enrollment is 98. OUTSIDE AGENCY COMMENTS NCDOT: The applicant must meet all Town and NCDOT requirements and any additional conditions associated with the TIA scoping meeting. Union County Public Schools: The proposed development of 125 single-family homes to be located along the north line of Poplin Road just west of the intersection of Poplin Road and Baucom Helms Drive.

• Poplin Elementary School Currently at 88% rated capacity • Porter Ridge Middle School Currently at 91% rated capacity • Porter Ridge High School Currently at 92% rated capacity

The Union County Board of Education has the obligation and reserves the right to modify assignments in order to optimize facility utilization and efficiency. According to their accounting records, this development will bring the number of planned and not built housing units in the Poplin ES area to approximately 3,010.

Additional residential construction contributes to high enrollments, which in turn exacerbate problems such as: additional mobile classrooms, inadequate capacity for food service and rest room facilities, rationing of access to the Media Center, insufficient parking and queuing space for parents to safely deliver or pick up their children, inadequate planning/meeting space for additional staff.




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Union County Environmental Health: The project is to be reviewed by Environmental Health. The applicant will submit a sketch plan showing the locations of all existing structures, septic systems and/or wells. A comment shall be added to the sketch plan that any wells and/or septic systems discovered during the site development process will be abandoned in accordance with applicable North Carolina Laws and Rules. All pools, if applicable, are required to be submitted for review. Union County Public Works: Water is accessible to the site and sewer is the vicinity of the project and there are options for the development to move forward. Capacity for water and sewer will be evaluated through our review process. Union County Fire Marshal: The project is to be reviewed by the Fire Marshal. The applicant will provide a truck maneuvering plan during site plan review. COMMUNITY MEETINGS The applicant presented a version of their project to Town Council at a Developer Workshop to solicit any feedback. Two required community meetings were held on July 20, 2020, and those were conducted as a hybrid set up where folks could attend in person at Town Hall or virtual via the Zoom meeting. Other than the applicant and attorney there were 6 members in attendance through the Zoom meeting. The intent of the public meeting was to see the proposed plan and determine how the project would impact their property. Three adjoining property owners requested a private meeting with the project engineer and developer. The meeting intent was to work out details with buffering, stub shown into their property and potential water and sewer connections. The resident asked additional questions about school capacity and road improvements. The engineer responded that the school system would be the entity to handle any overcrowding and he mentioned that the traffic impact study requires a section of Poplin Road to be widened to 3-lanes and multiple access points would be provided along Poplin Road. As a result of the private meeting between developer and adjacent property owners the subdivision boundary was adjusted to minimize impacts near their property. All community meeting notes can be found in the attachments.




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CONSISTENCY FINDINGS AND COMPREHENSIVE PLAN The subject property is located within the Rocky River Village Plan of the Town’s Comprehensive Plan. Rocky River Village is a Traditional Neighborhood Development (TND) Village, based on the existing Bonterra neighborhood and the ability of the village to support higher densities because of the presence of the Monroe Bypass interchange. The proposed development fits within the recommended density. Land Use Future land uses in this area are encouraged to be compatible with the existing residential subdivisions and be Traditional Neighborhood Development. Consistency Findings Staff is of the opinion that this project is consistent with the following goals of the Comprehensive Plan:

• Land Use and Housing Goal #1: The proposed project will promote a housing option that is not abundantly available in this area, which gives the community more residential options from which to choose.

• Land Use and Housing Goal #2: The proposed project will provide a diverse range of housing options, including varying densities and provide affordable living opportunities for a wide range of residents and the future stub to the adjacent corner parcel will be more of a reasonable transition for non-residential neighborhood uses that could serve the community.

Planning Board Recommendation On July 20, 2021, Planning Board voted 5-1 to recommend approval of this project (See Attachment 5). Staff Recommended Conditions Staff recommends the following conditions:

1. Staff to confirm that Union County Public Works, Environmental Health, Sheriff’s Office, and Fire Marshall have made comments and are addressed during site plan review.

2. The development shall comply with all other applicable requirements of the Town of Indian Trail Unified Development Ordinance.

3. Town approval incorporates and shall comply with any and all submittals in the case file and correspondence presented to the Town Council in support of this application, including, but not limited to the following: the site/sketch plan, architectural elevations or architectural representations, and any other information related to this case or improvements recommended by the Town and/or other agencies.




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4. The US Postal Service has notified the Town that all future subdivision approvals must utilize a community mail delivery system (cluster mailboxes). Locations and details of the proposed community mailboxes must be included in the construction documents, and must be reviewed and approved by the Postmaster for this area. The applicant(s) must provide the Town with written confirmation that the local Postmaster agrees with the proposed box locations.

5. Architecture for the single-family and townhomes should remain the same as submitted in the concept plan and during site plan review follow the integrity and design standards as set forth in the Unified Development Ordinance.

6. Density for the single-family homes shall remain 5.80 or less units per acre. 7. Reduction of the minimum lot area per unit for single-family homes (8,000 square feet

for SF-5 to 3,400 square feet minimum lot area. 8. Required lot dimensions and building setbacks shall meet the typical lot diagrams as

provided. 9. Developer is required to complete all road improvements stated in the approved TIA

(latest revision) that was required by NCDOT and/or the Town Compliance with Town Engineering and NCDOT requirements.

10. Provide a 25’ landscape/tree save perimeter buffer and a linear green with walking path along the eastern property line and along Poplin Road.

11. Amenities shall include open spaces, tot lot and amenity area. 12. The developer shall provide signage, the wording and location as deemed appropriate

by the Town, which addresses the possible future extension of the stub street. Attachments Attachment 1 Application Attachment 2 Aerial Map Attachment 3 Existing Zoning Map Attachment 4 Future Zoning (Comprehensive Plan) Attachment 5 Planning Board Minutes Attachment 6 School Impact Study Attachment 7 Traffic Impact Study Recommendations Attachment 8 Architectural Representations Attachment 9 Concept Plan Staff Contact Brandi Deese Planning Director [email protected] 704.821.5401




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Attachment 1




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11




12

Attachment 3




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Attachment 4




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Attachment 5

BOARD MINUTES Tuesday, July 20, 2021

6:00 P.M.

DETERMINATION OF QUORUM

A quorum was present. Meeting was called to order by Chairperson Fielding. SWEARING IN OF NEW MEMBERS Public Notary, Trena Simms swore in new members - Notonya Walton, Travis Daye, and Cynthia Wiley. CALL TO ORDER The following members of the governing body were present:

Board Members: Chairperson Meg Fielding, Vice Chairman Joseph Lytch, Larry Dukes, Natonya Walton, Travis Daye, and Cynthia Wiley

Applicants: TRI Pointe Homes – Atley; Green Street Land Co. LLC – Oakwood; Provident-Bayard - Sheffield

Staff Members: Brandi Deese - Planning Director, Matt Ward - Senior Planner, Patrick Blaszyk - Planning Intern, and Crystal Roman - Planning Technician

Absent: Chris McGuire

APPROVAL OF MINUTES OF PREVIOUS MEETING Motion to approve May 18, 2021 minutes was made by Member Dukes. Motion passed unanimously.




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Motion to approve May 20, 2021 minutes was made by Member Dukes. Motion passed unanimously.

NEW BUSINESS

CZ2020-0046 ATLEY SUBDIVISION

Senior Planner Matthew Ward gave an overview presentation of the project. See staff Report here for July 20, 2021:

_07202021-559 (indiantrail.org)

The Applicant presented to the board.

Board Q & A

Chairperson Fielding– Opened the floor to board questions. Questions and comments are as follows:

Board Member Dukes voiced concerns over maintaining the flood plain in the development.

Developer Matt Mandle informed us that he would revisit the question once he had a copy of the site plan.

Board Member Dukes asked if the density of Atley was in comparison to the adjacent development of Fieldstone.

Developer Matt Mandle asked Senior Planner, Matt Ward and Planning Director, Brandi Deese if they knew the density of Fieldstone.

Senior Planner, Matt Ward was able to confirm that the density of Atley is similar to Fieldstone.

Planning Director, Brandi Deese informed the board that the older section of Fieldstone before the economic recession of 2008 is the most similar, the later section is larger lots that were developed after 2008 and is less dense.

Chairperson Fielding asked if the backyards of the homes are going to be large enough for children to play in?

Developer Matt Mandle explained that in between the home and the detached garage, there is a rear yard.

Chairperson Fielding asked how far the garage is from the house?


http://indiantrail.granicus.com/MediaPlayer.php?view_id=&clip_id=768&meta_id=75407

http://indiantrail.org/AgendaCenter/ViewFile/Agenda/_07202021-559



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The developer explained that the distance between the home and garage is twenty feet and will create a small play area where a playset could be located. The developer further explained that the demographic interested in these types of homes are not interested in large yards that they have to maintain.

Chairperson Fielding asked if other communities where the developer has built homes, are similar in terms of the amount of outside space?

The developer confirmed that a neighborhood that they built in the City of Davidson called “Mayes Hall” is identical to the setup of Atley.

Board Member Wiley voiced her concerns over the percentage of the potential amenity area being .20 acres down below in ratio to the entire community. She was curious if you live in a far upper section, how will one get to the amenities and what is being planned for the amenity area for the community?

The developer explained that they would have a “passive amenity” such as park benches or a park that is constantly maintained as opposed to a structure such as a pool or cabana. The developer was open to ideas for structures like a pool or cabana.

Board Member Wiley asked if there would be any other amenities planned for other parts of the neighborhood?

Developer Matthew Mandle explained that there is a soft surface trail or walkway that is planned to go around the pond in the neighborhood that would also connect to the street sidewalk. He further explained that there would be multiple additional walkways in the open spaces in the neighborhood that would connect to the street sidewalk.

Board Member Wiley asked if there would be sidewalks along the street in front of the homes.

Developer Matthew Mandle confirmed that there would be sidewalks along the street in front of the homes.

Board Member Wiley asked is there was room for utilizing the parking spaces on the street and having enough room for first-responder vehicles to go through the street and turn around?

Developer Matthew Mandle explained how the streets will be designed to meet town standards and allow first-responder vehicles to properly have access to the streets.

Board Member Dukes asked what the setbacks were for the houses pertaining to the driveway standpoint? Will the number of spaces be sufficient for four cars and not block the sidewalk?




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Developer Matthew Mandle explained that in the rear of the home, there would not be a sidewalk on the alley and the driveways would be a minimum of twenty feet in length. He further explained that a resident should be able to pull into the alley and be able to have two parking spaces on the driveway and one space in the garage. There are also on-street parking spaces.

Board Member Dukes has asked if there was a picture of how the parking is oriented.

The developer searched and could not find an image. They stated that they could get an image to Board Member Dukes. Staff was able to pull an image from the presentation to help clarify this question.

Board Member Dukes stated that he wanted to understand how the lots of the homes are arranged with the detached garages, backyards and alleys.

Board Member Dukes also asked what the size of the lots for the neighborhood are.

Developer Matthew Mandle answered that the lots are 34 feet wide and are a minimum of 100 feet deep.

Developer Matthew Mandle was able to locate the layout for the lots and displayed the picture to the board. He further explained that there is twenty feet in the back to park one car on the driveway as he corrected himself from earlier.

Board Member Wiley asked if the on-street parking is in front of the house?

Developer Matthew Mandle explained that the on-street parking in front of the home would be two travel lanes and be on both or one side of the street. The parking would be parallel.

Board Member Dukes asked how wide the road will be? Will it be three or four lanes?

Developer Matthew Mandle further explained how it would be two travel lanes with parallel parking.

Board Member Dukes asked if the road will be four full widths of a car?

Developer Matthew Mandle confirmed that the road would be roughly four full widths of a car.

Chairperson Fielding asked what the price point of the homes in the neighborhood will be?

The developer explained that due to today’s market conditions, the homes will be in the mid $300,000’s.

Chairperson Fielding asked how many bedrooms will be in the homes?




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The developer stated that the homes will range from three to four-bedroom homes.

Chairperson Fielding asked what the square footage of the homes would be?

The developer stated that the homes would range from 1,900 to 2,100 square feet.

Chairperson Fielding asked if a school study had to be done pertaining to the number of homes bring built in the neighborhood?

The developer confirmed that they did complete a school impact study.

Chairperson Fielding asked if this development would impact Porter Ridge Schools?

Senior Planner Matt Ward was able to confirm that the development would feed into Porter Ridge Schools.

Chairperson Fielding opened public comments:

Denise Cunningham on 7611 Indian Trail Fairview Road was inquiring if the homes in the Atley subdivision are really going to be priced at $300,000. She stated that she would not pay for that.

Denise Cunningham then asked if they developer has sold any subdivisions like the one being proposed before and if they are popular?

The developer was able to confirm that they have sold subdivisions like Atley and are popular.

Chairperson Fielding closed comments:

Vice-Chair Lytch made the motion to approve CZ 2020-0046 ATLEY SUBDIVISION as presented.

Final was five members voting for and one voted against.

Board member Dukes voted against CZ 2020-0046 ATLEY SUBDIVISION.




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Attachment 6




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21




22

Attachment 7




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Attachment 8




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Attachment 9


#O211026-363

(ROD Sticker Here)

STATE OF NORTH CAROLINA ) ) ORDINANCE #O211026-363 TOWN OF INDIAN TRAIL )

AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE TOWN OF INDIAN TRAIL REZONING PORTION OF PARCELS 07006004 AND 07006004B LOCATED ALONG NORTH LINE OF POPLIN ROAD ADJACENT TO FIELDSTONE FARM SUBDIVISION AND APPROXIMATELY 945’ WEST OF N. ROCKY RIVER ROAD FROM UNION COUNTY RESIDENTIAL AGRICULTURE-40 (RA-40) TO CONDITIONAL ZONING, SINGLE-FAMILY (CZ SF-5) IN THE TOWN OF INDIAN TRAIL, UNION COUNTY, NORTH CAROLINA.

WHEREAS, this Conditional Zoning Map Amendment (CZ 2020-0046) was duly noticed in compliance with North Carolina General Statutes; and

WHEREAS, a public meeting was held by the Planning Board on July 20, 2021 to consider this zoning map amendment; and

WHEREAS, the Planning Board found the proposed map amendment is consistent with the following goals of the Comprehensive Plan:

Land Use and Housing Goal #1: The proposed project will promote a housing option that is not abundantly available in this area, which gives the community more residential options from which to choose.


#O211026-363

Land Use and Housing Goal #2: The proposed project will provide a diverse range of housing options, including varying densities and provide affordable living opportunities for a wide range of residents and the future stub to the adjacent corner parcel will be more of a reasonable transition for non-residential neighborhood uses that could serve the community.

WHEREAS, the Planning Board further found this zoning reclassification to be a reasonable request in the public interest because it promotes the goals of the Indian Trail Comprehensive Plan areas of Land Use and Housing. WHEREAS, after making the required findings, the Planning Board transmits a recommendation to approve to the Town Council;

WHEREAS, the Town Council held a public hearing on October 26, 2021 to consider said request and recommendation of approval from the Planning Board;

WHEREAS, the Town Council made the required findings.

NOW, THEREFORE, IT SHALL BE ORDAINED by the Town Council of the Town of Indian Trail, North Carolina hereby takes the following action:

Section 1 – Makes the required findings as stated herein; and

Section 2 – Approves CZ 2020-0046 Conditional Zoning Petition thereby granting the Zoning Map amendment to establish Conditional Zoning, Single Family -5 District on said parcels for the purpose of developing 123 single-family detached homes subject to the conditions referenced in the concept plan, Exhibit 1. In addition to the conditions referenced in the concept plan, the following conditions shall apply:

1. Staff to confirm that Union County Public Works, Environmental Health, Sheriff’s Office, and Fire Marshall have made comments and are addressed during site plan review.

2. The development shall comply with all other applicable requirements of the Town of Indian Trail Unified Development Ordinance.

3. Town approval incorporates and shall comply with any and all submittals in the case file and correspondence presented to the Town Council in support of this application, including, but not limited to the following: the site/sketch plan, architectural elevations or architectural representations, and any other information related to this case or improvements recommended by the Town and/or other agencies.

4. The US Postal Service has notified the Town that all future subdivision approvals must utilize a community mail delivery system (cluster mailboxes). Locations and details of the proposed community mailboxes must be included in the construction documents and must be reviewed and approved by the Postmaster for this area. The applicant(s) must provide the Town with written confirmation that the local Postmaster agrees with the proposed box locations.


#O211026-363

5. Architecture for the single-family and townhomes should remain the same as submitted in the concept plan and during site plan review follow the integrity and design standards as set forth in the Unified Development Ordinance.

6. Density for the single-family homes shall remain 5.80 or less units per acre. 7. Reduction of the minimum lot area per unit for single-family homes (8,000 square feet for

SF-5 to 3,400 square feet minimum lot area. 8. Required lot dimensions and building setbacks shall meet the typical lot diagrams as

provided. 9. Developer is required to complete all road improvements stated in the approved TIA (latest

revision) that was required by NCDOT and/or the Town Compliance with Town Engineering and NCDOT requirements.

10. Provide a 25’ landscape/tree save perimeter buffer and a linear green with walking path along the eastern property line and along Poplin Road.

11. Amenities shall include open spaces, tot lot and amenity area. 12. The developer shall provide signage, the wording and location as deemed appropriate by the

Town, which addresses the possible future extension of the stub street.

Section 3 – This ordinance shall be effective immediately upon adoption.

AND IT IS SO ORDAINED by the Town Council of the Town of Indian Trail this 26th Day of October 2021.

TOWN OF INDIAN TRAIL COUNCIL ______________________________ Michael L. Alvarez, Mayor

Attest: _________________________ Kathy Queen, Town Clerk Approved as to Form: _________________________ Karen Wolter, Town Attorney





From: Mike McLaurin, Town Manager


Subject: Solid Waste Provider

GENERAL INFORMATION

The Town’s existing Solid Waste contract with Waste Connections, dba God Bless the USA, Inc., is set to expire on July 31, 2022. The Town issued an RFP which would solid waste, yard pickup, and bulk services as well as recycling services. Proposals were received from: 1) Waste Connections (current provider), Waste Pro and Republic. The Board will receive information on each of the proposals received, including cost breakdown, fiscal impact, and general information about the company. REQUESTED ACTION Staff requests the Board to decide which provider it would like to serve the Town beginning August 1, 2022.







Subject: LandDesign - Conceptual Ideas for Chestnut Square Park

GENERAL INFORMATION

Recently the Town adopted a revised Park and Rec Master Plan. As part of the part of the Plan’s implementation, has contracted with LandDesign to present conceptual ideas about adding or enhancing existing amenities at the Town’s Parks. The project scope is two-fold and includes: 1) to see which enhancements might qualify under the existing bond uses, and 2) to consider Town-Owned land and present conceptual ideas as to how these lands might be utilized by the public as parks. The focus at this meeting is to present conceptual ideas for Chestnut Square Park and to engage the Board in further discussions on how they see this area being best utilized for the citizens of Indian Trail. REQUESTED ACTION Receive presentation and provide direction to the staff on moving forward.







Subject: Capital Improvement Project for this Fiscal Year.

GENERAL INFORMATION

At the October 12, 2021 Town Council Meeting, the Board received a briefing on the funded and unfunded capital projects. After reviewing the projects, the Board requested for staff to provide a listing of unfunded projects to be considered for approval in this current fiscal year, FY22, at the October 26, 2021, meeting. The list of projects to be considered will be presented to Council during the meeting. REQUESTED ACTION Requesting Council’s guidance on decision on the projects which should be funded and authorize the appropriate fund transfers.


Indian Trail Town Council Meeting Agenda - Tuesday ...

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Transcript of Indian Trail Town Council Meeting Agenda - Tuesday ...