PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, February 14, 2023 Bermuda Run Town Hall Mission: "The Town of Bermuda. Run exists to provide core public services that enhance the quality oflife fori its residents and an environment, for the business  BERMUD,  6:00PM  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  "It is the intent of the Town Council to: solemnize the proceedings oft this meeting and the business brought before  the governing board, to offer the opportunity) for ai reflective moment ofsilence.' 4. Town of Bermuda Run Code of Ethics Statement-Town Attorney Brian Williams  5. Adoption oft the. Agenda Motion: Motion: 7. Citizens' Comments  Second: Second:  In) Favor: In] Favor:  Opposed: Opposed:  6. Approval of the. January 10, 2023, Town Council Meeting Minutes  8. Proclamation: Recognition of Black History Month  Mayor Cross and thel Bermuda Run Town Council recognize thei month of February 2023 as Black History Month Mr. Gallimore will give an overview of the functions, services, and responsibilities of the' Technology Services  int the' Town of Bermuda Run. Department in Davie County. 10. Proposed Action Items A. Public Hearing: ZTA-2023-01 regarding Master Plan Overlay.  9. Presentation: John Gallimore, Davie County ChiefTechnology Officer  Thel Board willi review text amendments ofthe Zoning Ordinance ins sections 3.3(C)ofthe Zoning Ordinance  Mayor Cross Opens Public Hearing Mayor Cross Closes Public Hearing  The' Town Council may take action after the close oft the public hearing.  Motion:  Second:  Inl Favor:  Opposed:  11. Town Manager Report/Comments 12. Council/Mayor Comments 13. Adjourn Motion:  Second:  In) Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes January 10, 2023 - 6:00 PM  The Town Council of Bermuda Run held its scheduled meeting on Tuesday, January 10, 2023 at Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman,  6:001 PM. The meeting was held at the Bermuda Run Town Hall.  Mike Ernst, and Melinda Szeliga  Council Members Absent: Also Present: Call to Order Pledge of Allegiance Moment of Silence  Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian  Williams, Town Attorney  Mayor Rick Cross called the meeting to order.  Iti is the intent oft the Town Council to solemnize the proceedings of this meeting and the business brought before the governing board, to offer the opportunity, for ai reflective moment of silence. Mayor Cross recognized Community Officer. Mike. Foster as yesterday was. Law Enforcement. Appreciation Town of Bermuda Run Code ofl Ethics Statement - Town Attorney Brian Williams  Day.  Adoption of the Agenda  Council Member Melinda Szeliga made a motion to approve the agenda. Council Member. Mike Ernst seconded the motion. The motion was approved. by a vote offive (5) inj favor and none opposed.  Approval oft the December 13, 2022 Town Council Meeting Minutes  Council Member Heather Coleman made ai motion to approve the December 13, 2022 meeting minutes. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) in Citizens' Comments - Mark Pfundstein of 155 Brookstone Drive spoke on behalfofthe! Kinderton Village Master. Association regarding installation of sound barrier/trees being replanted to abate the  favor and none opposed.  noise from I-40. Open question tol NCDOT.  Presentations NCDOT-] Pat Ivey  Pat Ivey presented an update regarding key activities in and around the Town ofE Bermuda Run.  Northern Beltway Project Status Local Transportation Projects  Landscaping at the quadrants ofI-40 Baltimore Road Extension (Construction late 2025)  Roundabout at Hwy. 158/Farmington Road, and at the N. side of] Farmington  Road and I-40.    Hwy. 158/801 Intersection Improvements - Dedicated right turn lane and 2 through lanes at Walgreens (Summer 2023) **NCJ DOTi is NOT comfortable  with aj roundabout at that location.  RISE and NC Fusion - Lane Newsome, and Scott Wollaston  Lane Newsome and Scott Wollaston both spoke of the many events going on and the huge benefits to the Town's economy with benefits tol local restaurants, grocery stores, etc. and the: need for an additional hotel in our area. New artificial turfand lit fields using the HUD Grant. Big news is that  Combat (Mocksville) is coming to RISE. Proposed Action Items  A. Adopt Resolution of Support for 2023 Year of the' Trail  Council Member Mike Brannon made ai motion to adopt the resolution as presented. Council Member Mike Ernst seconded. the motion. The motion was approved by a vote offive (5) inj favor  and none opposed.  B. Proposed 2023 Meeting Schedule the exception ofI December, 2023). favor and none opposed. Informational Item  Thej proposed schedule keeps the Town Council meetings on the second Tuesday of each month at 6:00 pm and the Council Agenda Meetings on the fourth Tuesday of each month at 8:30 am (with Council Member Curtis Capps made a motion to approve the proposed meeting schedule. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive (5)in  Comprehensive Plan Update - The Planning Board has completed their update from 2017. The document was given to Council Members for review, and a public presentation willl be tentatively  scheduled for the February Council Meeting. Town Manager Comments  Call for Planning Board members was very successful, having nine applicants for three positions. Interviews this week with appointments in February. Update regarding Blue Heron Trail and the Juniper Pump Station projects. Ariston Place project update - Andrew Meadwell and Mike Brannon met onsite with Mike Kelley regarding stormwater and grading. Expressed that Mr. Kelley has gone above and beyond in addressing previous concerns, and feels he' 's doing whati is right for the community. Leaf pickup for residents has been extended through the end of January.  Council/Mayor Comments  All Council Members expressed their appreciation for the large turnout at tonight's meeting, and the presentations by NC DOT, RISE, and NC Fusion. They agreed with continued growth there would be  challenges. Mayor Rick Cross:  Recent Duke Energy rolling outages and communications with Duke Energy representative - Continues to supportladvocate for our community. Chick Fil A groundbreaking on Friday, Jan. 6 with the Davie Chamber - Reminded all that Chick Fil A has been engaged in Davie County for a long time, but appreciates their  investment in our community. Spoke of diligent/purposeful growth.    Recognized Davie County Commissioner Benita Finney and ChiefHoward with the Announced that before Christmas, Town Manager Andrew Meadwell got married.  Smith Grove Fire Department. Thanked everyone in attendance.  Adjourn  With no. further business to discuss, Council Member Melinda Szeliga made ai motion to adjourn. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive  (5) infavor and none opposed.  Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    (ITEM 8)  BERMUD  PROCLAMATION BLACK HISTORY MONTH  WHEREAS, much ofThe Town of] Bermuda Run's honor, strength, and stature can be attributed to the diversity of cultures and traditions that are celebrated by the residents ofthis WHEREAS, African Americans have played significant roles in the history ofNorth Carolina's economic, cultural, spiritual, and political development while working tirelessly to maintain and WHEREAS, as a result of their determination, hard work, and perseverance, African Americans have made valuable and lasting contributions to the Town of] Bermuda Run and our state, achieving exceptional success in all aspects ofs society including business, education, WHEREAS, in 1976, Black History Month was formally adopted tol honor and affirm the importance ofl Black History throughout our American experience, which goes back thousands of years and includes some of the greatest, most advanced and innovative societies in our history WHEREAS, Black History Month is a time for all Americans to remember the stories and teachings of those who helped build our nation, took a stance against prejudice to build lives of dignity and opportunity, advanced the cause of civil rights, and strengthened families and WHEREAS, during Black History Month all Americans are encouraged to reflect on past successes and challenges of African Americans and look to the future to continue to improve  great town; and  promote their culture and history; and  politics, science, and the arts; and  that we can all draw inspiration from; and  communities; and  society SO that we. live up to the ideals of freedom, equality, and justice;  NOW, THEREFORE BE: IT RESOLVED THAT,I, Rick Cross, Mayor, do hereby proclaim  February, 2023 as Black History Month ini the Town of Bermuda Run.  Signed this, the 14th day of] February, 2023.  Rick Cross - Mayor    (ITEM 10A)  BERMUL  TO: FROM: Date: RE:  Town Council Staff February 14, 2023 ZTA 2023-01  Applicable Section(s): Section 3.3 (C) ofZoning Ordinance Proposed Text Amendment and Background Information  The purpose oft this text amendment is to consider removing the requirement that new development and development expansions of20% % or greater shall receive a Conditional District zoning approval. The Master Plan Overlay lies int the southwest quadrant between US Hwy 158 and NC: Hwy 801 South on property currently zoned VM Village Mixed in the Towns ETJ. The overlay was enacted in 2018 to replace the Zoning Designation TC Town Center in an effort to facilitate a more realistic development potential, increase the amount of property for reserved for residential use and toj provide The Planning Board and Staff view this requirement of receiving Conditional Zoning approval as overly bureaucratic and burdensome to current and future property owners. The current mechanics of the Zoning Ordinance and review process are adequately sufficient to ensure that the proper layout,  aconceptual circulation plan.  design, density, uses, and compliance with the Comprehensive Plan are met. Master. Plan Overlay (MP-0) COMdfOmAE-Distret-ReHrement  (1)Intent  The Master Plan Overlay district is established for areas of the Town's jurisdiction for which the Comprehensive Plan provides a conceptual circulation and/or programming plani in order to ensure that due consideration is given the to the general recommended uses or internal circulation to provide for the orderly development of such area. Nonew-developmentemkorspesondfesssting-buiding-y greaterthn-209-shaleurahate-NMiaserPan-ovety-New-dvelepmemk-amt-expansien-o greaterthan209o-memustreselveComdtomal-PlstnetaPreyaHeremevetneoyetsy-eRderto-deyelep. During the review ofrequests or development projects within the MP-O Conditional-Distriet due consideration shall be given by the TRC, Planning Board and Town Council to the recommended uses shown in the conceptual plan set forth in the Comprehensive Plan. Such uses must be permitted by right or as a special use in the base zoning district requested in accordance with Section 3.5. During the review ofrequests oT development projects within the MP-O Conditional District due consideration shall be given by the TRC, Planning Board and Town Council to the general circulation shown ini the conceptual plan set forthi int the Comprehensive Plan. Access points onto state-  (2) Permitted uses  (3) Streets, Access Points, and Circulation  maintained roads are subject to NCDOT approval. Bermuda Run Comprehensive Plan Town's Comprehensive Plan:  This proposed amendment is related tot the following goals, objectives, and/or strategies in the  Advocate for road capacity and traffic flow improvements    (ITEM: 10A)  Evaluate the effectiveness oft the Master Plan Overlay  Evaluate existing Zoning and Overlay Districts to ensure the character ofthe community is Economic Development & Land Use Goal: Promote al healthy and diverse economic base within a sustainable land development pattern that complements the character oft the Town, while preserving environmentally sensitive areas, adequate open space, and recreational OBJECTIVE 5: Provide or support community amenities and events that appeal to residents Strategy 1.1 Embrace the unique character areas of the Town while tying them together with unifying architectural elements, signage, landscaping, pedestrian connections, vehicular Strategy 3.1 Utilize the Future. Land Use Map to encourage managed growth and development that is compatible with the Town's character, surrounding land uses, and Strategy 3.2 Support residential growth to attract the additional retail and service amenities The Planning Board recommended approval of the text amendment ati its January 18Hh, 2023, meeting  maintained.  opportunities. and visitors.  connections, and geographic nomenclature. available infrastructure and services. desired by current residents.  by a vote of four ini favor and none opposed (4-0). Town Council Recommendation  Following review of the proposed text amendments, the Town Council is requested to take action o Recommend Approval: The Town Council finds that the amendment is consistent with the Town ofl Bermuda Run Comprehensive Plan and considers the action to be reasonable and in the public  Recommend Approval with changes: The Town Council finds that the amendment is not fully consistent with the Town ofE Bermuda Run Comprehensive Plan, but the changes agreed upon will make it fully consistent and considers the action to be reasonable and in the public interest. Recommend Denial: The Town Council finds that the amendment is not consistent with the Town of Bermuda Run Comprehensive Plan and does not consider the action to reasonable and in the  following a motion and a second for one oft the items below:  interest.  public interest.  o Defer: The amendment needs additional consideration.    DAVIE COUNTY ENTERPRI/E RECORD Legal Invoice  REMITTO: SALISBURY NEWSMEDIA, LLC P.O.BOX4 4639 SALISBURY, NC: 28145 704-797-4211  Acct #: 153856 Ad#: 1586275 Insert Dates: 02/02/23, 02/09/23 Tagline: DG-PH:02.14.23 Purchase Order # Amount Due: $85.01  H. LEE ROLLINS TOWN OF BERMUDA RUN 120 KINDERTON BLVD. SUITE 100 BERMUDAI RUN, NC: 27006 No. 1586275  NOTICE IS HEREBY GIVEN, pur- suant to G.S. 160D-602, that the Town Council of Bermuda Run willr meet at6:00P.M. on Tuesday, February 14, 2023 at the Town Hall, located. at 120 Kinderton Blvd, Suite 100, Bermuda Run, NC 27006, to hold a public hear- ing,a andt to reçeive publico comment ont the followingi items: Zoning Text Amendment 2023- 01. The Board will review text amendments of the Zoning, Or- dinance in sections 3.3(C) oft the Zoning Ordinance regarding Mas- ter Plan Overlay All interested parties are invit- ed to attend the public hearing and present their comments to the Bermuda Run Town Coun- cil. Please call the Bermuda Run Town Hall at (336) 998-0906 if youl have questions orifyour need special accommodations for the meeting. Hearing impaired per- sons desiring additional informa- tion or! having, questions regarding this subject should call the North Carolina Relay Number for the Deaf at 1-800-735-8262 or711for mobile phones Publish 2/2/23, 2/9/23    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Draft Minutes 3:00 PM  Wednesday, Jan 18, 2023 Call to Order  Bermuda Run Town Hall  I.  Attendee Name Tom Brady Tony Krasienko Lynn Senger Rod Guthrie David Strand  Title  Status Present Present Present Present Present  Board Member Alternate Member Vice Chairman Chairman Board Member  II. Recognition of Quorum  The Chairman recognized that a quorum was met with five members present.  III. Approval of Planning Board Amended Agenda  The Chairman proposed removing item 8a at the request of the applicant and moving the public  comment period after the introduction of the: zoning map amendment.  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS) David Strand  SECONDER: Lynn Senger  Krasienko, Guthrie, Brady, Strand, Senger  IV. Approval of] Planning Board Minutes- -March 16, 2022  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS) Tony Krasienko  SECONDER: Lynn Sender  Krasienko, Guthrie, Brady, Strand, Senger  V. Permit Reports & Zoning Administrator's Update  Permit reports & zoning update were included in the agenda packet for reference and discussion. Andrew Meadwell updated the Board and audience on recent projects occurring in and around  VI. Town Manager's Update  Town.  Bermuda: Run Planning Board/Board of Adjustment  Page I    Regular Meeting  Minutes  April 20, 2022  VII. Update Planning Board Rules and Procedures on meeting times revisit again in six months to evaluate the time change.  The Board discussed and approved to move meeting times to 6:00 pm. The Board agreed to  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS)  Tom Brady  SECONDER: Lynn Senger  Krasienko, Guthrie, Brady, Strand, Senger  VIII Planning Board Cases  Zoning Text Amendment 2023-01 TA-2023-01 Master Plan Overlay  The Board reviewed a text amendment to Sections 3.3(C)t to address the review process of the  district.  Chairman Guthrie opened the public comment period.  Public Comment  Charlene Genaway-inquired what was the surveying work was occurring at Kinderton Chairman Guthrie closed the public comment period and called for ai motion. and considers the action to be reasonable and int the public interest.  Lennie Ring-inquired to the location oft the overlay area  Lynn Senger made a motion to approve with the following statement, the Planning Board finds that the amendment is consistent with the Town of Bermuda Run Comprehensive Plan  RESULT: MOVER: AYES: ABSENT: There was none None. X. Adjournment  APPROVED [UNANIMOUS) Tony Krasienko  SECONDER: Lynn Senger  Krasienko, Guthrie, Brady, Strand, Senger  VIII. Other Business  IX. Board Member Comments  RESULI: MOVER: AYES: ABSENT:  ADJOURNMENT [UNANIMOUS  Lynn Senger  SECONDER: Tom Brady  Krasienko, Guthrie, Brady, Strand, Senger  Bermuda. Run Planning Board/Board of4 Adjustment  Page 2