1. Indian Trail Town Council Town Council January 12, 2010

2. Call to Order Call to Order for January 12, 2010. 2

3. Presentations CCOG – Agency on Aging – Linda Smoskey. NC ABC Commission – Laurie Lee. 3

4. Agenda Additions and Deletions Motion to Approve Agenda Public Comments

5. Consent Agenda Tax Report – Month End Tax Report for December 2009. Minutes of July 15, 2009, August 25, 2009, September 8, 2009, September 22, 2009, December 7, 2009, December 11, 2009 and December 22, 2009, and January 5, 2010. Resolution to Adopt Legislative Positions for the 2010 Short Session of the NC General Assembly. Budget Amendments 1-30 (See list in Agenda Packet). 5

6. Business Friendly Act of 2009 6

7. Update Moratorium on Fees Business Advisory Committee 7

8. Planning Business Advisory Committee –Four different types of BAC –Charlotte Model Appointments from Council & Mayor Chamber & Organizations Staff – Town Manager’s Office (Economic Development) –IT Model Appointments Membership # 9 – 12 (Chamber & UCPP) Staff Liaison Develop & Present an Annual Work Program 8

9. Planning Historic Business District –Historic & Historic Business District –Subcommittee established by the Planning Board IT Arts and Historic Society Downtown Business Owners Downtown Residents –Amendment to UDO –Historic Program Development –Implementation 9

10. Old Business Finance Presentations – Marsha Sutton  Auditor’s Report/Fund Balance Analysis.  Budget Amendment – Admin Renovations.  Deputy Finance Officer. 10

11. Old Business Appointment of Transportation Committee Chairperson and Stormwater Committee Chairperson. 11

12. Discussion and Possible Action None at this time. 12

13. ABC Store Use ZT 2009-011 13

14. Request To add ABC Store use to the use table in the UDO Sections – 520.020 (G) – Use Table & Standards –1610.080 – Define ABC Store Allow the use in the: –General Business District (GBD) –Regional Business District (RBD) –Village Center Overlay (O-VCD) 14

15. Information Election – Passed the referendum to allow for an ABC Store in the Town. Session Law 2009-36 – October 1, 2009 –Process for local Governing Body to object to a location of a ABC Store Public Hearing Resolution Information and evidence –Special Use Permit process 15

16. ABC Store Use Allow by Right or by Special Use Permit to be heard by the Town Council Consider the Zoning Districts: GBD, RBD, O-VCD Definition: –An establishment that specializes in the sale and distribution of alcoholic beverages as a retail use, provided that such establishments meet all of the requirements and standards of Chapter 18B of the NCGS..... 16

17. Required Findings Consistent with 1.3.2 of the Comprehensive Plan... Is a reasonable request and in the best interest of the public because the voters of IT authorized the establishment of the use by passing a referendum in 2009. Transmits a recommendation to approve subject to an SUP. 17

18. Attorney Information Concerns – Special Use Permit –Legal –Appeal Process Separate Chapter related to ABC Stores Consistent with State process –Staff notification –Council consideration 18

19. Council Action Receive Transmittal and Public Comment Concur with findings as transmitted and –Approve as modified; Do not make the required findings and disapprove; or Continue the item pending additional information. 19

20. ZM 2009-006 Rezone of 4616 Old Monroe Road (Stallings VFD) 20

21. ZM 2009-006 Request Applicant: Town of Indian Trail. 4616 Old Monroe Road. 4.74 acres total (three parcels). Stallings VFD station. SF-1 (current zoning). 21

22. Picture of 4616 Old Monroe Road Stallings VFD 22

23. ZM 2009-006 Request Process ZM 2009-006 was initiated by the Town at the property owner’s request, which is Stallings VFD. Staff Recommendation – Rezone the three parcels at 4616 Old Monroe Road from SF-1 (single-family residential) to that of Institutional. 23

24. ZM 2009-006 Analysis Many of the surrounding properties are currently single- family residential uses. Is located in a Village Center overlay. No impacts to public services or facilities are anticipated at this time. 24

25. ZM 2009-006 Comprehensive Plan Analysis Comp Plan Village – Currently in the Old Monroe/Suburban Mix Village. Current Land Use – Provides that just over 1 ¼% of the Village is Institutional right now; max for Institutional is 7% in this Village. Proposed Zoning – Would make total Institutional just under 2% (increase of over ½%); still well within the recommended Institutional for this Village. 25

26. PB Transmittal Planning Board heard this rezone at their December 15, 2009 meeting. Stallings VFD was present at the meeting. Board unanimously recommended approval of this rezone to the Council. 26

27. Consistency Findings Goal 1.3.1 Quality of Life: A more sustainable quality of life to the residents of Indian Trail by establishing a greater sense of community and promoting a unique identity of the Town of Indian Trail for all residents. As this proposed zoning is to be Institutional in nature, this helps to promote a diversity of land uses and a better quality of life for those in the Town of Indian Trail. Goal 1.3.2 Land Use: A mix of different types of land uses and the avoidance of potential land use conflicts between neighboring properties and surrounding municipalities. With due consideration given to the existing uses surrounding the property, this requirement can be satisfied due to the relative low-impact of the proposed zoning. 27

28. Additional Required Finding The request for this zoning classification is a reasonable request and is in the public interest because it promotes the goals of the adopted Indian Trail Comprehensive Plan in the areas of Quality of Life and Land Use, and is consistent with the adopted plans within the Town of Indian Trail. 28

29. Recommended Actions of Council Receive PB Transmittal and public comment. Make all required findings as stated. Make a motion as to the following:  Approve, disapprove, or table for further study, ZM2009-006 as presented. 29

30. New Business Establishment of an Indian Trail ABC Board – Jeff Goodall 30

31. Manager’s Report 31

32. Planning Report Carolina Thread Trail –Union County Committee –Reviewing Consultant – for the Grant –Inter-local agreement 32

33. Engineer’s Report 33

34. Council Comments 34

35. Closed Session 35

36. Adjournment 36