PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, February 8, 2022 Bermuda Run Town Hall Mission: "The Town ofBermuda. Run exists toj provide core public services that enhance. the quality oflife fori its residents. and: an environment, for the business  AR  6:00PM  community to thrive".  1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence  'Ttis tbe intent ofthe Ton Council to solemmize the proceedings of this meeting and the business brought before the  governing board, to offer tbe opportumily forai rflective moment ofs silence.' >  4. Adoption oft the. Agenda Motion: Motion:  Second: Second:  Inl Favor: Inl Favor:  Opposed: Opposed:  5. Approval of the January 11, 2022 Town Council Meeting Minutes 6. Proclamation: Recognition of] Black History Month Black History Month in the Town of Bermuda Run  Mayor Cross and the Bermuda Run Town Council recognize the month of] February, 2022 as A. Public Hearing: Petition for Annexation of 139 and 155 South NC HWY 801 On December 20, 2021, the Town received a petition for contiguous annexation from the property owners of155S. NC: HWY 801 and 139 S.NC HWY 801. On January 11, 2022, the Town Council adopted a Resolution directing the Town Clerk to: investigate the petition. On January 11,2022, the' Town Clerk presented a Certificate of Sufficiency of the petition. The Town Council declared a public hearing on the issue for voluntary contiguous annexation be  7.  held at Town Hall on' Tuesday, February 8, 2022 at 6:00pm.  Mayor Cross Opens Public Hearing Mayor Cross Closes Public Hearing  The Town Council may take action after the close of the public hearing.  Motion:  Second:  Inl Favor:  Opposed:  B. Public Hearing: Zoning Text Amendment 2021-01 Food Trucks  The purpose of this text amendment is to consider adding a definition for food trucks, allowing temporary uses in all zoning districts, and specifying conditions for the operation of  food trucks.  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:  In) Favor:  Opposed:  C.P Public Hearing: Zoning Map Amendment 2022-01. Michael Kelly has applied to rezone 6 tracts of land totaling approximately 6.54 acres from Commercial Mixed (CM) and Club Residential (CR) to Village Mixed (VM). The subject properties are. located east of NC Hwy  801 South and West of] Ivy Circle.  Mayor Cross Opens Public Hearing Mayor Cross Closes Public Hearing  The Town Council may take action after the close of the public hearing.  Motion:  Second:  In) Favo::  Opposed:    D. Public Hearing: 10/70 Request. Michael Kelly has applied to request a 10/70 provision on 6.54 acres of] land. The subject properties are located east ofNC Hwy 801 South and West of Ivy Circle. The North Carolina Administrative Code states that local governments may allow up to 10 percent of their watershed area to be developed and built upon up to 70 percent built-upon surface. The area built upon is then considered impervious. The remaining 30 percent that is notl built upon is impervious. This is commonly referred to as the 10/70 option. Without the 10/70 option, the maximum impervious area is 24 percent oft the total site area.  Mayor Cross Opens Public Hearing Mayor Cross Closes Public Hearing  The Town Council may take action after the close of the public hearing.  Motion:  Second:  In Favor:  Opposed:  8. First Amendment to Landscape Maintenance Contract Effective February 13, 2022 Blakley Landscape Services was awarded a three-year agreement on February 13, 2019 for an annual price of $74,136: ini twelve: monthly installments of $6,178. after a Request for Bids process. Due to the current market pricing instability and awaiting the proposed landscape plans with NCDOT for the I-40 / NC8 801 quadrants, the Town Manager recommends approval ofa one- year extension oft the current agreement. The proposed annual price of services is $90,000 payable  in twelve monthly installments of $7,500.  Motion: 9. Information Item  Second:  In Favor:  Opposed:  Support for NCDOT Contingency Funds for NC 801 Improvements at US 158 The Bermuda Run Town Council, at its annual planning session meeting held on Februaty 1,2022, unanimously adopted Resolution 2022-01 supporting the request for allocation of contingency funds necessary for NCDOT to complete an improvement of two north-bound thru lanes ofNC 801 to. I-40 and the addition ofa right-turn lane from NC 801 onto US 158 east in front of  Walgreens.  10. Town Manager Comments 11. Council/Mayor Comments  12. Adjourn Motion:  Second:  Inl Favor:  Opposed:    Town of Bermuda Run Town Council Meeting Minutes January 11,2022 - 6:00 PM  The Town Council of Bermuda Run held its scheduled meeting on Tuesday, January 11,2022 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  Lee Rollins, Town Manager; Cindy Poe, Town Clerk; Tammy Fleming,  Town Attorney  Mayor Rick Cross called the meeting to order.  It is the intent ofthe Town Council to. solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunity for a reflective moment ofsilence.  Adoption of the Agenda  Council Member. Mike Ernst made ai motion to approve the agenda. Council Member Heather Coleman seconded. the motion. The motion was approved by a vote offive (5) inj favor and none opposed Council Member Mike Brannon made ai motion to approve the December 14, 2021 meeting minutes. Council. Member Melinda Szeliga seconded the motion. The motion was approved by a vote offive (5)  Approval oft the December 14, 2021 Town Council Meeting Minutes  infavor and none opposed. Public Comments - None  Resolution Directing the Town Clerk tol Investigate a Petition Received Under G.S.1 160A-31 On December 20, 2021, the Town received a petition for contiguous annexation from the property owners of155 S. NC HWY 801 and 139 S. NC. HWY 801. To proceed with further consideration to annex both properties, the Town Council will need to adopt the enclosed resolution. Council Member Curtis Capps made a 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 andi none Ina anticipation for the adoption oft the resolution, Town Clerk Cindy Poe presented a certificate of sufficiency. Manager Rollins informed the Council ifthey chose, they could go ahead and set a. Public Council Member Melinda Szeliga made ai motion to set a notice for Public Hearing on February 8 regarding contiguous annexation, for these properties. Council Member. Heather Coleman seconded the motion. The motion was approved by a vote offive (5) infavor and none opposed.  opposed.  Hearing for February 8.    Set Notice of] Public Hearing for Tuesday, February 8, 2022 for the Following: Zoning Ordinance in sections 3.5, 9.61 and 12.3 regarding food trucks.  1. Zoning Text Amendment 2021-01. The Town Council will review text amendments oft the 2. Zoning Map Amendment 2022-01. Michael Kelly has applied to rezone 61 tracts ofl land totaling approximately 6.54 acres from Commercial Mixed (CM) and Club Residential (CR) to Village Mixed (VM). The subject properties are located east ofNC Hwy 801 South and West of 3. 10/70 Request. Michael Kelly has applied to request a 10/70 provision on 6.54 acres ofland. The subject properties are. located east ofNC Hwy 801 South and West ofIvy Circle. Council Member. Mike Ernst made a motion to. set a. Public Hearing for Tuesday, February 8 for the above amendments and request. Council Member Mike Brannon seconded the motion. The motion was Amend the 2022 Council Meeting Calendar to Include Tuesday,January 25, 2022 and' Tuesday Council Member Curtis Capps made ai motion to amend the Council Meeting calendar. Council Member. Heather Coleman seconded the motion. The motion was approved by a vote offive (5) in  Ivy Circle.  approved by a vote offive (5) inj favor and none opposed.  February 1,2022 from 8:00am tol Noon as Town Council Meetings  favor and none opposed.  Town Mamger/CounclMlaver Comments packet for the Planning Board. Meeting on. January 19. Heather Coleman - Looks forward. to the. Public. Hearings. Curtis Capps - Thanked everyone for attending.  Lee. Rollins - Shared that a Constant Contact email is set to, go out on. January 12 with the agenda Mike Brannon - Thanked all in attendance. Stressed need for blood at area hospitals, sharing  upcoming opportunities to donate.  Mike Ernst Stressed the needj for more interest from residents and importance ofattending meetings. Melinda Szeliga - Shared positive feedback receivedi regarding Christmas tree pickup, leafpickup, etc. Rick Cross Spoke of upcoming Planning Sessions, Update to Comprehensive. Plan, encouraged residents to sign upj for Constant Contact emails, and to visit Town' 's Facebook, Instagram, and  Small, but positive ways that we make Bermuda Run a wonderful place to live.  website. Adjourn  With noj further business to discuss, Council Member Mike Ernst made a motion to adjourn. Council Member. Heather Coleman seconded the motion. The motion was approved by a vote offive (5) in  favor and none opposed.  Approved  Respectfully Submitted  Rick Cross, Mayor  Cindy Poe, Town Clerk    DERMUL  PROCLAMATION BLACK HISTORY MONTH  WHEREAS, much ofThe Town ofBermuda Run'sl 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 of] North Carolina's economic, cultural, spiritual, and political development while working tirelessly to: maintain and WHEREAS, as ai 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 of society including business, education, WHEREAS, in 1976, Black History Month was formally adopted to honor and affirm the importance ofBlack 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 at 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 ITI RESOLVEDTHAT, I, Rick Cross, Mayor, do hereby proclaim  February, 2021 as Black History Month in the' Town ofE Bermuda Run.  Signed this, the gth day of] February, 2022.  Rick Cross - Mayor    BERMUD  (7A)  NOTICE OF PUBLIC HEARING BERMUDA RUN' TOWN COUNCIL  NOTICE IS HEREBY GIVEN, that the Town Council of the Town of] Bermuda Run has called aj public hearing at 6:00pm on Tuesday, February 8, 2022 at thel Bermuda Run Town Hall, 120] Kinderton Boulevard, Suite 100, ont the question of annexing thei following described territory, requested by petition filed pursuant  to G.S. 160A-31: Section 2.  The area proposed for voluntary annexation is described as follows:  RE: PARCEL: D8080C0007 (139 South NC HWY 801)  BEGINNING AT ANI EXISTING REBAR AND CAP (HAVING NORTH CAROLINA GRID COODRDINATES OF NORTH 823,465.93. EAST 1,574,701.14, SAID IRON BEING IN THE SOUTHWEST INTERSECTION OF N.C. HIGHWAY 801 AND WINMOCK ROAD AND ALSO BEING THE: NORTHWEST CORNER OF LOIS B. BARNEY TRUSTEE PROPERTY AS RECORDED IN: DEED: BOOK 1141, PAGE 696; THENCE WITHTHE SOUTHERN RIGHT-OF- WAY OF WINMOCK ROADI N. 673 32'25"E. CROSSING AN: EXISTING 11 %" TALLI IRON AT 333.11 AND CONTINUING 20.41' TO ANI EXISTING REBAR WITH CAP FOR A TOTAL DISTANCE OF 353.52' TO THE NORTHEAST CORNER OF SAID BARNEY PROPERTY ANDT THE NORTHWEST CORNER OF JOBY W. MATHEWS! PROPERTY. AS RECORDED IN: DEED BOOK 308, PAGE 700; THENCE WITH THE EASTERN LINE OF SAID BARNEY PROPERTY S.3 323 36'36" E. 200.56' TO A REBAR WITH CAP, THE SOUTHEAST CORNER OF SAID BARNEY PROPERTY AND THE: NORTHEAST CORNER OF GERALD HARRIS ROBERTSON PROPERTY AS RECORDED IN DEED BOOK 1013, PAGE. 595; THENCE WITH THE SOUTHERN LINE OF SAID BARNEY PROPERTY S. 68 41'16" W.329.98' TO AN EXISTING 7/8" IRON IN THE EASTERN RIGHT OF WAY OF SAID: N.C. HIGHWAY 801; THENCE SAID RIGHT OF WAYTHE (2) FOLLOWING COURSES. AND: DISTANCES: 1)ON A CURVE TO THE LEFT (HAVING RADIUS OF 772.90). A CHORD BEARING AND DISTANCE N. 38 25'13" W. 148.26' TO. Al POINT; THENCE 2)N.43 06'15" W. 51.59' TO THE. POINT. AND: PLACE OF BEGINNING AND CONTAINING  1.5040. ACRES MORE OR LESS  RE: PARCEL: D8080C0008 (155 South NC HWY 801)  COMMENCING AT ANI EXISTING REBAR. AND CAP (HAVING NORTH CAROLINA GRID COORDINATES OF NORTH 823,465.93. EAST 1,574,701.14, SAID IRON BEING IN THE SOUTHWEST INTERSECTION OFI N.C. HIGHWAY 801 AND WINMOCK ROAD AND ALSO BEING IN' THE: NOTHWEST CORNER OF LOIS B. BARNEY TRUSTEE PROPERTY. AS RECORDED IN DEED! BOOK 1141, PAGE 696; THENCE WITH THE EASTERN RIGHT-OF-WAY A SAID N.C. HIGHWAY 801 THE TWO: FOLLOWING COURSES AND DISTANCES; 1)s.43 06'15"E. 51.59 TO. A POINT; THENCE: 2) ONA A CURVE TO THE RIGHT (HAVING. A RADIUS OF 772.90. A CHORD BEARING AND: DISTANCE OF S. 38 25'13" E. 148.26' TO AN: EXISTING PINCHED IRON THE: POINT AND PLACE OF BEGINNING AND BEING THE SOUTHWEST CORNER OF LOIS B. BARNEY TRUSTEE PROPERTY AS RECORDED IN: DEED BOOK 1141, PAGE 696 AND THE NORTHWEST CORNER OF GERALD HARRIS ROBERTSON AS RECORDED INI DEED BOOK 1013, PAGE 596; THENCE WITHTHE: NORTHERN LINE OF SAID ROBERTSON PROPERTY AND' THE SOUTHERN LINE OF SAID BARNEY PROPERTY N. 68    41'16" E. 329.98' TO. ANI EXISTING REBARD WITH CAP, THE SOUTHEAST CORNER OF SAID BARNEY PROPERTY AND THE: NORTHEAST CORNER OF SAID ROBERTSON PROPERTY AND IN THE WESTERN SIDE OF. JOBY W. MATHEWS PROPERTY AS RECORDED IN DEED BOOK 308, PAGE 700; THENCE WITH THE EASTERN LINE OF SAID ROBERTON PROPERTY AND THE WESTERN LINE OF SAID MATTHEWS PROPERTY S.323635"E. 133.89' TOA POINT! IN THE WESTERN RIGHT-OF-WAY OF IVY CIRCLE; THENCE WITH THE SAID RIGHT- OF-WAY ON A CURVETO' THE RIGHT (HAVING A RADIUS OF 155') A CHOARD: BEARING AND DISTANCE OF S. 1227'38" W.33.04' TO. A POINT; THE SOUTHWEST CORNER OF SAID ROBERTSON AND THE: NORTHEAST CORNER OF GEORGIA F.. JOHNSON PROPERTY AND THE: SOUTHEAST CORNER OF SAID ROBERTSON PROPERTY; THENCE WITHTHE SOUTHERNLINE OF SAID ROBERTSON PROPERTY AND THE: NORTHERN LINE OF SAID JOHNSON PROPERTY S. 75 22'21" W.325.66' TO. A PINCHED IRON IN THE EASTERN RIGHT- OF-WAY OF SAID: N.C. HIGHWAY 801 AND: BEING THE SOUTHWEST CORNER OF SIAD ROBERTSON PROPERTY AND THE NORTHWEST CORNER OF SAID. JOHNSON PROPERTY; THENCE; WITHTHE SAID RIGHT-OF-WAY ON A CURVELEFT (HAVING. A RADIUS OF 772.90"). A CHORD BEARING AND DISTANCE OF N.29 12'00" W. 100.20' TOT THE POINT AND PLACE OFI BEGINNING AND CONTAINING 0.9112 ACRES MORE OR LESS.  All interested parties are invited to attend the public hearing and present their comments to the Bermuda Run Town Council. Please call Bermuda Run Planning at (336) 753-6050 ify you have questions or ifyou need special accommodations for the meeting. Hearing impaired persons desiring additional information or having questions regarding this subject should call the North Carolina Relay Number for the Deafat 1-  800-735-8262 or 711 for mobile phones.  PUBLICATION: DIRECTIONS  Publish int the Notices section oft the Newspaper Publish on the: following Dates: Send bill and affidavit of publication to:  January 27,2022  Bermuda Run' Town Clerk, Cindy G. Poe Town of] Bermuda Run 120 Kinderton Boulevard, Suite 100 Bermuda Run, NC 27006    RESOLUTIONI DIRECTING' THE CLERK TOINVESTIGATE APETITION! RECEIVED UNDER ARTICLE. 4A OF G.S.160A 155S.NC) Hwy 801,and 139 S.I NC Hwy 801  WIHEREAS, ap petition. requesting contiguous annexation of an area described in said pattern WHEREAS, N.C.G.S. Chapter 160A, Article 4A, Part 1 provides that the sufficiency of the petition shall bei investigated by the Town Clerk oft the' Town of] Bermuda Run, North Carolina WHEREAS, the Town Council oft the Town of Bermuda Run, North Carolina deems it NOW,THEREFORE, BE IT RESOLVED by the' Town Council oft the Town of Bermuda The' Town Clerk is hereby directed to investigate the sufficiency of the above-described petition and to certify as soon as possible to the' Town Council the result oft the investigation.  was: reçeived on December 20, 2021 by the Town Council; and before further annexation proceedings: may take place; and advisable to proceed ini response to this request for annexation;  Run, North Carolina that:  Adopted this the 11th day ofJanuary, 2022.  Rick Cross-Mayor LiGs  ATTEST: Gualke Cindy PofTown Clerk  APPROVED ASTOFORM Brian F. Williams, Town. Attorney SA0    BERMUD  CERTIFICATE OF SUFFICIENCY 155S. Hwy. 801, Advance, NC 27006  To the Bermuda Run Town Council:  I,C Cindy Poe, Town Clerk, do hereby certify that I have investigated the a. The petition contains an adequate property description of the area proposed for annexation based on the Metes and Bounds Description. b. The area described in the petition is contiguous to the Town of Bermuda The petition is signed by and includes addresses of all owners of real  attached petition and hereby make the following findings:  Run corporate limits, as defined by G.S. 160A-31. property lying in the area described therein.  In witness whereof, Ihave hereunto set my hand and affixed the seal of the Town  of Bermuda Run, this 11th day of. January, 2022.  (Seal)  Town  G4R    DK  02022-02  ANC ORDINANCE TO EXTEND THE CORPORATE LIMITS OFTHE WHEREAS, the Bermuda Run Town Council has been petitioned under G.S. 160A-31 to annex WHEREAS, the Bermuda Run Town Council has by resolution directed the Town Clerk to  TOWN OF BERMUDA RUN, NORTH CAROLINA  the area described below; and  investigate the sufficiency of the petition; and  WHEREAS, the' Town Clerk has certified the sufficiency oft the petition and a public hearing on the question of this annexation was held at the Bermuda Run Town Hall at 6:00pm on' Tuesday, February 8, 2022, after due notice by the Davie County Enterprise newspaper on January 27, 2022; WHEREAS, the Bermuda Run Town Council finds that the petition meets the requirements of NOW, THEREFORE, BE IT ORDAINED by the' Town Council of Bermuda Run, North Section 1. By virtue of the authority granted by G.S. 160A-31, the following described territory is hereby annexed and made part oft the Town of Bermuda Run as of] February 8, 2022. BEGINNING AT AN EXISTING REBAR AND CAP (HAVING NORTH CAROLINA GRID COODRDINATES OFI NORTH 823,465.93. EAST 1,574,701.14, SAID: IRON BEING IN THE SOUTHWEST INTERSECTION OFI N.C. HIGHWAY 801 AND WINMOCK ROAD AND. ALSO BEINGTHE NORTHWEST CORNER OF LOIS B. BARNEY TRUSTEE PROPERTY AS RECORDED INI DEED: BOOK 1141, PAGE 696; THENCE WITH' THE SOUTHERN RIGHT-OF- WAY OF WINMOCK ROADI N. 673 32'25" E. CROSSING ANI EXISTING 1 %" TALLI IRON AT 333.11 AND CONTINUING 20.41" TO AN EXISTING REBAR WITH CAP FOR A TOTAL DISTANCE OF 353.52' TO' THE: NORTHEAST CORNER OF SAID BARNEY PROPERTY AND THE NORTHWEST CORNER OF. JOBY W. MATHEWS PROPERTY AS RECORDED: IN DEED. BOOK 308, PAGE 700; THENCE WITH THE: EASTERN LINE OF SAID BARNEY PROPERTY S. 3236'36" E. 200.56" TO. A REBAR WITH CAP, THE SOUTHEAST CORNER OF SAID BARNEY PROPERTY ANDTHE NORTHEAST CORNER OF GERALD: HARRIS ROBERTSON PROPERTY AS RECORDED INI DEED! BOOK 1013, PAGE 595; THENCE WITH THE SOUTHERN LINE OF SAID BARNEY PROPERTY S. 68 41'16" W. 329.98' TO AN EXISTING 7/8" IRON IN THE. EASTERN RIGHT OF WAY OF SAIDI N.C. HIGHWAY 801; THENCE SAID RIGHT OF WAYTHE( (2) FOLLOWING COURSES AND: DISTANCES: 1)C ON A CURVE TOTHE LEFT (HAVING RADIUS OF 772.90). A CHORD BEARING AND: DISTANCE N.3 3825'13" W. 148.26' TO A POINT; THENCE 2)N.43 06'15" W.51.59" TO THE POINT AND: PLACE OF BEGINNING AND CONTAINING  and  G.S. 160A-31; Carolina that:  RE: PARCEL: D8080C0007 (139 South NC HWY 801)  1.5040. ACRES MORE OR LESS    RE: PARCEL: D8080C0008 (155 South NC HWY 801)  COMMENCING AT AN) EXISTING REBAR AND CAP (HAVING NORTH CAROLINA GRID COORDINATES OF NORTH 823,465.93.. EAST 1,574,701.14, SAID IRON BEINGI INTHE SOUTHWEST INTERSECTION OF N.C. HIGHWAY 801 AND WINMOCK ROAD. AND ALSO BEING IN THEI NOTHWEST CORNER OF LOIS B. BARNEY TRUSTEE PROPERTY AS RECORDED IN DEED BOOK 1141, PAGE 696; THENCE WITH THE EASTERN RIGHT-OF-WAY A SAID N.C. HIGHWAY 801 THE TWO FOLLOWING COURSES AND DISTANCES; 1)s.43 06'15" E. 51.59 TO A POINT; THENCE: 2) ON A CURVETO' THE RIGHT (HAVING A RADIUS OF 772.90. A CHORD BEARING AND DISTANCE OF S. 38 25'13" E. 148.26' TO. AN EXISTING PINCHED IRON THE POINT AND PLACE OF BEGINNING AND: BEING THE SOUTHWEST CORNER OFI LOIS B. BARNEY TRUSTEE PROPERTY AS RECORDED INI DEED! BOOK1141, PAGE 696. ANDTHE! NORTHWEST CORNER OF GERALD HARRIS ROBERTSON. AS RECORDED IN: DEED BOOK 1013, PAGE 596; THENCE WITHTHE NORTHERN. LINE OF SAID ROBERTSON PROPERTY AND THE SOUTHERNLINE OF SAID BARNEY PROPERTY N.68 41'16"] E. 329.98' TO. ANI EXISTING REBARD WITH CAP, THE SOUTHEAST CORNER OF SAID BARNEY PROPERTY ANDTHE: NORTHEAST CORNER OF SAID ROBERTSON PROPERTY AND IN THE WESTERN SIDE OF. JOBY W. MATHEWS PROPERTY ASI RECORDED: IN DEED BOOK 308, PAGE 700; THENCE WITHTHE: EASTERN! LINE OF SAID ROBERTON PROPERTY AND THE WESTERN LINE OF SAID MATTHEWS PROPERTY S. 3236'35" E. 133.89 TOA POINTI IN THE WESTERN RIGHT-OF-WAY OF) IVY CIRCLE; THENCE WITHTHE SAID RIGHT- OF-WAY ON A CURVE TO' THE RIGHT (HAVING. A RADIUS OF 155'). A CHOARD BEARING AND: DISTANCE OF S. 1227'38" W.33.04' TO. A POINT; THE SOUTHWEST CORNER OF SAID ROBERTSON. AND' THE NORTHEAST CORNER OF GEORGIA F.J JOHNSON PROPERTY AND THE SOUTHEAST CORNER OF SAID ROBERTSON PROPERTY; THENCE WITHTHE SOUTHERN LINE OF SAID ROBERTSON PROPERTY AND THE NORTHERN LINE OF SAID JOHNSON PROPERTY S. 75 22'21" W. 325.66' TO A PINCHED IRON IN THE: EASTERN RIGHT- OF-WAY OF SAID: N.C. HIGHWAY 801 AND BEING THE SOUTHWEST CORNER OF SIAD ROBERTSON PROPERTY AND THE NORTHWEST CORNER OF SAID. JOHNSON PROPERTY; THENCE; WITH THE SAID RIGHT-OF-WAY ON. A CURVE LEFT (HAVING. A RADIUS OF 772.90'). A CHORD BEARING ANDI DISTANCE OF N. 29 12'00" W. 100.20' TO THE POINT. AND PLACE OF BEGINNING AND CONTAINING 0.9112. ACRES MORE OR LESS. Section 2. Upon and after February 8, 2022, 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 Bermuda Run and shall be entitled to the same privileges and benefits as other parts oft the Town ofBermuda Run. Said territory shall be subject to municipal taxes according to G.S. 160A- Section 3. The Mayor oft the Town of Bermuda Run shall cause to be recorded in the office of the Register of Deeds ofDavie County, and in the office oft the Secretary of State at Raleigh, North Carolina, an accurate map oft the annexed territory, described in Section 1 above, together with a duly certified copy ofthis ordinance. Such ai map shall also be delivered to the Davie  58.10.  County Board of] Elections, as required by G.S. 163-288.1. Adopted this the gth day of February, 2022.  Rick Cross, Mayor APPROVED AS TOFORM:  ATTEST:  Cindy Poe, Town Clerk  Brian F. Williams, Town Attorney    - a  CIR  3.    TO: FROM: RE:  Town Board Planning Staff  (7B)  BERMU  ZTA 2021-01 Food Trucks  Applicable Section(s): Section 3.5, 9.55, and 12.3 ofZoning Ordinance Proposed Text Amendment and Background Information  The purpose of this text amendment to consider adding a definition for food trucks, allowing temporary uses in all zoning districts and specifying conditions for the operation ofai food truck. This proposed amendment is related to the following goals, objectives, and/or strategies in the Economic Development & Land Use Goal: Promote a healthy and diverse economic base within a sustainable land development pattern that complements the character of 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 3.2 Support residential growth to attract the additional retail and service amenities  Bermuda Run Comprehensive Plan Town's Comprehensive Plan:  opportunities. and visitors.  connections, and geographic nomenclature. desired by current residents. Zoning' Text Amendment. 3.5Table ofUses  Proposed text amendment for table of uses in section S 3.5, 9.55 and 12.3 of the Zoning Ordinance. New  text will be bold and underlined. Deleted text will have a strikethrough.  P Permitfrom/onipgAdmmstrator S UPTOTDANNAISnAT P/CE PermitfromZoning AdminsttoruRemustmecetanddtonul conditions SIC= UPtromoardolAdjusment; usemusimecradcitronalconditions  Notpermitted "U"E UCIRIsyuRRnS district USES  DISTRICTS  Additional Conditions  RBSIDENTIAL 6 6  OVBRLAY MIXED-USE BUS.  e  MISCELLANEOUS USES including seasonal markets  Temporary seasonal uses and structures, P/C P/C PIC U U P/C PIC PIC  9.55  Page 1 of4    9.55 Temporary Seasonal Uses and Structures, Including Seasonal Markets  A zoning permit may be issued by the Zoning Administrator for any of the following temporary uses or structures. Unless otherwise stated herein, such permit shall be valid for 12 months. Permits for temporary uses or structures exceeding 12 months or for any type of use or structure not specifically listed below may be considered by the Board of All landscaping, buffering, and parking standards required by this ordinance shall be met prior to any use oft the site or structure authorized by the temporary use permit. All other permits required for such structure or use including, but not limited to, building permits and driveway permits shall be obtained prior to any use of the site or structure authorized (A) The establishment of temporary sales lots for Christmas trees and other seasonal agricultural products, plus related goods, are permitted for up to a maximum of 60 consecutive days upon the issuance of a temporary use permit by the Zoning  Adjustment pursuant to Section 11.7.  by the temporary use permit.  Administrator. The following conditions shall apply:  (1) No more than one (1) trailer shall be used to store goods for sale.  (2) The use may only be located on a vacant lot or on a lot occupied by a non- (3) Off-street parking may be provided behind or to the side of the established use, (4) On-site parking may be provided on a dust-free, pervious surface area and need (5) Signage shall meet the requirements of Chapter 7 and inflatable signage, decorations, recreational activities designed to attract attention shall be  residential use.  but not forward of the required front setback. not comply with additional paving requirements.  prohibited.  (B) Temporary structures used for construction offices and storage areas on construction sites. Temporary buildings and storage of materials are permitted, provided that the use is in conjunction with the construction of a building on the same lot or on an adjacent lot; the temporary uses shall be terminated upon  completion of construction.  (C) Temporary structures or sites of grading operations.  (D) Temporary structures, manufactured homes, or storage areas of public agencies in  the conduct of proprietary or governmental operations.  (E) Temporary modular units used for religious or educational purposes.  (F) The use of open land by non-profit organizations for meetings, circuses or carnivals, baked goods or collected clothing and the like, if no structure is erected or placed other than tents, trailers, or recreational vehicles, for which the duration of  Page 2 of4    such permits is limited to no longer than 45 consecutive days in one (1) calendar (G) The use of a residence or other building and surrounding land by any nonprofit charitable, religious, or educational organization for the purpose of exhibiting and purveying, indoors or outdoors, art or craft products, jewelry, clothing, foods, beverages, horticultural specimens, home furnishings and decorations, and similar or related items, and for presenting musical, film, or theatrical programs, indoors, for which the duration of such permits is limited to no longer than 30 consecutive (H) PODS and other similar temporary storage containers not associated with construction shall not be located on a property for greater than 45 days annually. 1. A zoning permit shall be obtained by the property owner for any lot proposed to accommodate one or more food truck businesses. A copy of the zoning permit shall be kept in the food truck. The zoning permit application shall include a list of potential food truck businesses expected to operate on the lot and may be amended during the period of validity to remove or add specific food truck business(es) authorized to operate on the lot. 2. The zoning permit shall designate the specific locations on a given site where 3. Food trucks may not encroach upon open space, landscaping, fire lanes, vehicular access ways or pedestrian walkways, and shall not obstruct or disturb existing buffers or required setbacks from buffers or streetscapes, 4. Afood truck may not be located on a lot featuring a single family dwelling. 5. Food trucks may only operate between the hours of 7:00 a.m. to 11:00pm. 6. Food trucks must be removed from all permitted locations during the hours when they are not permitted to be in operation, and may not be stored,  year.  days.  (I) Food Trucks.  afood truck may operate.  parked, or left overnight at the permitted location.  7. Amplified music is not permitted.  8. Outdoor seating areas for dining associated with a food truck, including but not limited to tables, chairs, booths, bar stools, benches, and standup counters shall be permitted but must be removed with the food truck daily. 9. Each food truck operator is responsible for the proper disposal of solid waste associated with the operation of the food truck and any outdoor dining 10. Food trucks may not be operated on public property such as parks or plazas, parking lots, public street rights-of-way, or public sidewalks except as specifically authorized by the Town or as part of an official public event  areas.  sponsored or co-sponsored by the Town of Bermuda Run.  Page 3 of4    12.3 Definitions  FOOD TRUCKS A specialized unit mounted on, or pulled by, a self-propelled vehicle where food or beverage, including prepackaged food, is prepared, cooked, served, or dispensed, for individual portion service. Such vehicle is self-contained with its own drinking water tank and waste water tank; is designed to be readily movable; is located on an allowed site for more than thirty (30) minutes; and is moved daily to return to its commissary. May also be referred to as a "mobile food vending unit." This definition shall include a mobile farmers market for the sale of locally grown fresh produce  which is in its original form and not altered or processed.  Planning Board Recommendation Planning Board meeting minutes. Town Board Action  The Planning Board considered the text amendment at their October 20th meeting. The Planning Board voted to recommend approval with a unanimous vote (6-0). Please see the attached  Following review of the proposed text amendments, the Board is requested to take action O Recommend Approval: The Board finds that the amendment is consistent with the Town of Bermuda Run Comprehensive Plan and considers the action to be reasonable and in the Recommend Approval with changes: The Board finds that the amendment is not fully consistent with the Town of 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 Recommend Denial: The Board 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  following a motion and a second for one ofthe items below:  public interest.  interest.  the public interest.  Defer: The amendment needs additional consideration.  Page 4 of4    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Minutes 3:00 PM  Wednesday, October 20, 2021  Bermuda Run Town Hall  I.  Call to Order  Attendee Name Tom Brady Bryan Thompson Lynn Senger Rod Guthrie David Strand Erin Shea  Title  Status Present Present Present Present Present Present  Board Member Alternate Member Vice Chairman Chairman Board Member Alternate Member  II. Recognition of Quorum  The Chairman recognized that a quorum was: met with all members present.  III. Approval of Planning Board Agenda  RESULT: MOVER: AYES: 15,2021 RESULT: MOVER: AYES:  APPROVED [UNANIMOUS)  Lynn Senger  SECONDER: David Strand  Brady, Guthrie, Strand, Shea, Senger, Thompson  IV. Approval of] Planning Board Minutes- November 18, 2020, February 17, May 19, and September  APPROVED [UNANIMOUS) Bryan Thompson  SECONDER: Lynn Senger  Brady, Guthrie, Strand, Shea, Senger, Thompson  V. Citizen Comments There were none.  VI. Permit Reports & Zoning Administrator's Update  Permit reports & zoning update were included in the agenda packet for reference and discussion. Lee Rollins discussed with the Board the Commercial Mixed (CM) zoning district and uses  VII. Town Manager's Update allowed within the district.  Bermuda Run Planning Board/Board. of Adjustment  Page I    Regular Meeting VIII. Planning Board Cases  Minutes  October 20, 2021  a. Zoning Text Amendment 2021-01. The Board reviewed text amendments of the Zoning Ordinance ins sections 3.5, 9.61 and 12.3 regarding food trucks.  Amy Flyte introduced the proposed text amendment and answered Board questions.  Chairman Guthrie opened the public comment period and seeing none, closed the public comment The Board held discussion on the item including process, location, residential properties and property Bryan Thompson made a motion that the text amendment be approved and the following statement be adopted: The Planning Board finds that the amendment is consistent with the Town of Bermuda Run Comprehensive Plan and considers the action tol be reasonable and in the public interest.  period.  owner: responsibilities.  RESULT: MOVER: AYES:  APPROVED UNANIMOUS) Bryan Thompson  SECONDER: Erin Shea  Brady, Guthrie, Strand, Shea, Senger, Thompson  b. Zoning Text Amendment 2021-02. The Board reviewed text amendments of the Zoning Ordinance in sections 3.5 and 9.50 regarding restaurants with drive through  services.  Amy Flyte introduced the proposed text amendment and answered Board questions.  Chairman Guthrie opened the public comment. Chairman Guthrie closed the public comment.  The Board held discussion on thei item and did not take any action.  IX. Other Business There was none.  X. Board Member Comments  Chairman Guthrie reminded the Board of the November 17th meeting date.  XI. Adjournment  RESULT: MOVER: AYES:  ADJOURNMENT [UNANIMOUS  Lynn Senger  SECONDER: Tom Brady  Brady, Guthrie, Strand, Shea, Senger, Thompson  Bermuda. Run Planning Board/Board of Adjustment  Page 2  Printed 10/25/2021    (7.C.)  TO: FROM: DATE: RE:  Town Council Planning Staff February 8, 2022  BERMUD  ZMA 2022-01 Michael Kelley  REQUEST  To rezone 6 tracts of land totaling approximately 6.54 acres from Commercial Mixed (CM), Club Residential (CR), Gateway Corridor Overlay (GC-O) and WS-IV Yadkin River Watershed to Village  Mixed (VM), WS-IV Yadkin River Watershed.  IL.PROJECT LOCATION III. PROJECT PROFILE  The property is located to the east of NC HWY 801 S and west of Ivy Cir.  DAVIE COUNTY PARCEL NUMBER: D8080D001401, D8080D0013, D8080C0008,  D8080C0007, D8080D0010, D8080C0005 REQUESTED DISTRICT: Village Mixed (VM) LAND USE PLAN: Crossroads Commercial WATERSHED: WS-IV watershed CROSS REFERENCE FILES: N/A APPLICANT: Michael Kelley  ZONING DISTRICT: Commercial Mixed (CM) & Club Residential (CR)  PROPERTY OWNER: John & Earlene Ferguson, Georgia Johnson, Gerald Robertson, Lois &  Steven Barney Trustee, Joby & Gloria Matthews, H& VConstruction Co.  PROPERTY SIZE: 6.54 acres  CURRENT LAND USE: Office, Single Family, Vacant. PROPOSED LAND USE: Multi Family development  IV. PROJECT SETTING - SURROUNDING ZONING DISTRICTS AND LAND USES  DIRECTION LAND USE  ZONING CM VM CR CR  North West South East  Commercial Commercial, Vacant Residential Residential  ZMA 2022-01 2/8/22TCI Meeting Date  Page    Rezoning Request 6.54 acres.  The applicant Michael Kelley requests a rezoning from CM Commercial Mixed and CR Club Residential to VM Village Mixed in order to develop the property for multifamily. The site is The 0.2 acres included as CR Club Residential is located between NC HWY 801 S and Ivy The proposed project does not include any access to Ivy Circle. Access is proposed only from NCHWY 801 S, the access road across from Peachtree Lane and a cross access easement across Walgreens to US HWY 158. Attached are building elevations for the proposed project and a site plan showing access points and building orientation. There are included as reference documents  Circle. Iti is vacant property.  only.  Existing Zoning:  Commercial Mixed district (CM and CM-CD)  (1). Intent  The Commercial Mixed (CM) district is provided to allow for the location of retail, services, offices, and civic uses essential to the everyday needs of Town residents. Residential uses may be dispersed amongst these uses as part of mixed-  use buildings or multi-family residential development.  Club Residential district (CR and CR-CD)  (1) Intent  The Club Residential district is hereby created to permit the completion and conformity of the residential subdivisions comprising the original or expanded development within the area known as Bermuda Run Golf and Country Club already existing or approved in sketch plan form by the Bermuda Run Town Council prior to the effective date of these regulations or by the Davie County Board of Commissioners under the prior jurisdiction of the County. The application of the Club Residential district is not intended for development projects in the Bermuda Run jurisdiction which are not a part or extension of Bermuda Run Golfand Country Club and Bermuda Run West.  Requested Zoning:  Village. Mixed. District (VM and VM-CD)  (1) Intent  The Village Mixed-Use (VM) district is provided to allow for the location of shops, services, small workplaces, civic and residential buildings central to a neighborhood or grouping of neighborhoods and within walking distance of dwellings. High density residential development is encouraged to support the  commercial uses within the VM district.  ZMA 2022-01 2/8/22 TC: Meeting Date  Page 2    V.ZONING MAP  5403 5393 5385  126 5427  134 26 CM 536 155 6356 5346 5322  126  5337.  MYCIR 427  5380  5306 296  129  455 459 465  128  150  921  CR  185 529 561 571 587 629  915 899  VM  110  CARTERRD ZMA-2021-10  148 190 300Fect  ZMA: 2022-01 2/8/22TCI Meeting Date  Page 3    VI. AERIAL MAP  CARTERRD ZMA-2022-01  300Feet  ZMA: 2022-01 2/8/22TCI Meeting Date  Page 4    VI. FUTURE LAND USE MAP  The! luturel landu user maps depicts thep proposedo configurationoft thel Town's. development..  LANDUSE CLASSIFICATION Opens Space/Recredfiondl 662.55 Rural Residentiol Club Residential Vilage Residential Mixed Use Center Crossroads Commercial Enterprise Center  ACRES 364.87 492.85 467.30 180.69 256.54 227.98 TOTAL 2,653  % 25.0% 13.8% 18.6% 17,6% 6.8%. 9.7% 8.6%  Opens Space/ Recreation Rural Residential Club Residential Village Residential Mixed Use Center Crosstoads Commercial Enterprise Center  Town Boundary Pidnning Area Boundary Roads IN Picposedinlerchonge Woter Feature 0.5MILE  ZMA 2022-01 2/8/22TCI Meeting Date  Page 5    VII. Town of Bermuda Run Comprehensive Plan  The subject property is designated as Crossroads Commercial on the Future Land Use Map in the Comprehensive Plan. The Plan states that this land use classification is "intended for commercial uses that have a more regional draw and may serve residents outside of the immediate ared. The area included in this classification is located in close proximity to the crossroads of I-40, US HWY 158, and NC. HWY 801. Uses primarily include retail, restaurants, medical services, and  professional offices. "  Strategies within the Comprehensive Plan include:  Strategy 1.1 Embrace the unique character areas of the Town while tying them together with unifying architectural elements, signage, landscaping, pedestrian connections, vehicular connections and geographic nomenclature. The Town will encourage the use of "Bermuda", "Bermuda Run" or "at Bermuda Run" in development names and the difference character areas 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 available infrastructure Strategy 3.2 Support residential growth to attract the additional retail and service amenities Strategy 3.3 Continue to work with the Davie County Economic Development Commission to facilitate business retention and the development, redevelopment, or reuse of vacant properties, Strategy 4.2 Utilize building prototype designs to guide new infill and master planned Strategy 8.4 Work with property owners and developers to improve development access and connectivity with new driveways and street connections between compatible land uses, where  ofTown.  and services.  desired by current residents.  including participation in road infrastructure improvements.  development, helping to ensure architectural compatibility and cohesiveness.  feasible.  VII. Issues to Consider all oft the following:  Inc considering any petition to reclassify property the Town Council in its decision shall consider  a) Whether the proposed reclassification is consistent with the purposes, goals, b)  Whether the proposed reclassification is consistent with the overall character of existing development in the immediate vicinity of the subject property. c) The adequacy of public facilities and services intended to serve the subject property, including but not limited to roadways, parks and recreational facilities, police and fire protection, hospitals and medical services, schools, stormwater drainage  objectives, and policies of adopted plans for the area.  systems, water supplies, and wastewater and refuse disposal.  Page 60 of7    d) Whether the proposed reclassification will adversely affect a known archaeological, e) When considering a petition to reclassify property to a general-use district, the Planning Board and the Town Council shall not evaluate the petition based on any  environmental, historical, or cultural resource.  specific proposal for the use of the property or design of the site.  X.1 Planning and Board Recommendation denial oft the request. (see attached draft minutes)  The Planning Board heard the request at their January 19th meeting and voted 3-1 to recommend  XI. Town CouncilAction second for one oft the items below:  Following the public hearing the Council is requested to take action following a motion and a Approval: The Town Council finds that the proposed general use rezoning is consistent with the Town of Bermuda Run Comprehensive Plan, specifically the objective to support steady, managed growth with additional residential and retail development and considers the Denial: The Town Council finds that the zoning map amendment is not consistent with the Town of Bermuda Run Comprehensive Plan and does not consider the action reasonable and  action reasonable and in the public interest.  in the public interest due to existing infrastructure concerns. Defer: The amendment needs additional consideration.  Process  Following the public hearing, the Town Council may take action on the request. Upon rezoning approval, a Level II site plan would have to be reviewed by the Technical Review Committee for compliance with the Zoning & Subdivision Ordinances, and other local, state, and federal  regulations prior to the issuance of any development permits.  Attachments: Application Legal Description Boundary survey  Labels & map of notified property owners Site plan for proposed project (for reference only) Master plan for proposed (for reference only) Building Elevations for proposed project (for reference only)  Page7of7    TOWN OF BERMUDA RUN  120 Kinderton Blvd., Suite 100* Bermuda Run, NC 27006 Phone 336-998-0906" Fax. 336-998-7209 Land Development Application-Ples-ll out completely, or application will not be processed.  (updated 1/10/13)  Case #: Board Review Items: Rezoning (Map Amendment) Standard Rezoning Conditional District Rezoning Text Amendment Special Use Permit Design Waiver: Other:  1. Application Type Subdivision: Major, Subdivision Sketch Plan Preliminary Plat Construction Plans Final Plat Minor, Subdivision Final Plat Site Plans: Level II Site Plan  Fee a $650 D 0 D a D Fee Total 8650  / Fee D 0 0 0 D  2. Project Information  Date of Application 12/20/21 Name of Project Anstor Place  Phase #  Location NL Huy Bol,Bel-RuA Property Size (acres)76.54 #ofUnits (residential).  Current Zoning GM icR Current Land Use 5FR ilomperclal  Proposed Zoning VM Villase Mixecl Proposed Land Use_ Multi-Famly  Tax Parcel Nmbe0,7353143 $8-22432244 87417443.6874431082.597AC4  $872530342, 5872438473  3. Contact Information Developer 290 Jamesuos Developer Address 334-586-0683 Telephone Signaturg  Mickalklley - Kelley Prepark's, Inc.  Bermuda RurNe 27006  City, State Zip  Print Name  EMEAR  AeotMller - MLA Agent (Registered Engineer, Designer, Surveyor, etc.) 120 Llul Oaks Ct, Suke 100 llingtor- Salem NL 27104 3adha ASrHue  Mickeel Kellez - Kelley Popal-s,la  Property Owner 2.50 Jamesway Address Braud-Pwr,AL 2700L City, State Zip 336-588-9988  Address City, State Zip 334-765-/92)  Fax 12,1.202 Telephone  Signature  Print) Name  Date  Print? Name  Date  RE  Page a    4.1 Description of Project  a, Briefly explain the nature of this request:  The develeper iorequasting a rezoning of C)parcels curretly Zoneah CMard LR to VH (village Mixed). The purpesfartLe mepathalah +La ()parcals into Gparadlutla single VM aehgchlata Hlet NI llou the Muli-fiy  deselepmeat belng Praposeck.  b. For All' Text Amendments: State the section(s) oft the Zoning or Subdivision Ordinance you wish to amend and attach the C. For All Rezonings and' Text Amendments: Provide as statement: regarding the consistency ofthis request with the  proposed text change. Section (s):  ofthe  Ordinance.  Comprehensive Plan and the surrounding land uses.  d. For Conditional District Rezonings: Provide as statement regarding the reasonableness ofthe rezoning request.  .For Special Usel Permits: Please also fill out thes supplemental form for Special Usel Permits.  Staff Use Only:  Date Application Received: Received By: Feel Paid: $ Case #: Notes:  Page 2of2    LEGAL DESCRIPTION  BEGINNING at an existing rebar and cap (having North Carolina Grid Coordinates of North 823,465.93. East 1,574,701.14, said iron being in the southwest intersection of N.C. Highway 801 and Winmock Road and also being the northwest corner of Lois B. Barney Trustee Property as recorded in Deed Book 1141, Page 696; thence crossing said Winmock Road and with N. C. Highway 801 N. 44°05'36" W. 43.62' to a point on a telephone pedestal; thence continuing with said N. C. Highway 801 N. 43°52'40" W. 128.35' to a point in the northwest corner of H&VC Construction Co. as recorded in Deed Book 164, Page 32 and the southwest corner of Family Futures Inc. property as recorded in Deed Book 971, Page 21; thence with the lines of said H &V Construction Co. the (3) three following courses and distances: 1)N. 67°38'26" E. 217.76' to a nail, the southeast corner of said Family Futures property; thence 2) N. 22°10'04'W. 80.03' to an existing 7/8" iron, a corner of said H &VConstruction and in the southern line of James Price Beeson property as recorded in Deed Book 167, Page 781; thence 3) N. 67°44'25" E. 10.06' to a point in the northwest corner of Todd Hayse Carter, DDS property as recorded in Deed Book 159, Page 296; thence continuing with the lines of said H&V Construction and Carter property the (3) three following courses and distances: 1)s. 22°10'04" E. 43.00' to a point at an existing building; thence 2) N. 67°44'25" E. 48.00' to a point at an existing building; thence 3) N.2 22°10'04" W.43.00' to ap point, the northwest corner of said Carter property and in a corner ofH&V Construction property; thence with said northern line of said H &V Construction property and the southern line of said Beeson line N. 67°44'25" E. 67.66' to an existing rebar, the southeast corner of said Beeson property and the southwest corner of Goodwill Industries of NWNC, Inc property as recorded in Deed Book 961, Page 463; thence with the northern line of said H &VConstruction and the southern line of said Goodwill property N. 67°44'25" E. 197.30' to an existing rebar, the northeast corner of said H&V Construction property and in the line of Browder Holdings LLC as recorded in Deed Book 601, Page 726; thence with the eastern line of said H8 &VC Construction and the eastern line of said Browder property S. 33°19'37" E. 203.80' to an existing rebar, the southeast corner of H&VConstruction and in the northeast corner of said Winmock Road; thence with the eastern terminus of said Winmock Road S. 25'37'25" E.3 38.47' to a point the southeast terminus of said Winmock Road and the northeast corner of Joby W. Matthews as recorded in Deed Book 308, Page 700 and in the western right-of-way of Ivy Circle; thence with the right-of-way of said Ivy Circle the (5) five following courses and distances: 1) on a curve to the left (having a radius of 135') a chord bearing and distance of S. 10°01'11" W. 28.44' to a point; thence 2) on a curve to the left (having a radius of 295') a chord bearing and distance of S. 02°23'44" E.6 65.46' to a point; thence 3) S. 8°45'55" E. 200.91' to a point; thence 4) on a curve to the right (having a radius of 155') a chord bearing and distance of S. 5°09'07" E. 20.05' toa a point; thence 5) continuing with said Ivy Avenue $.04'4025-.33.04 to a point, the southern corner of said Matthews property and a southeast corner of Gerald Harris Robertson property as recorded in Deed Book 1013, Page 596; thence continuing with Ivy Circle and the eastern line of said Robertson property on a curve to the right (having a radius of 155') a chord bearing and distance of S. 12°27'38" W. 9.03' to a point, an    eastern corner of said Johnson and Robertson property; thence with said Johnson property the (4) following courses and distances: 1) on a curve to the right (having a radius of 155') a chord bearing and distance of S. 20°55'17" W. 36.66' to a point; thence 2) on a curve to the right (having a radius of 305') a chord bearing and distance of S. 37"51'47" W. 109.68' to a point; thence 3) S. 48°13'17" W. 85.75' to a point; thence 5) on a curve to the left (having a radius of 351' a chord bearing and distance of S. 46°47'17" W. 17.56' to a existing rebar with cap the southeast corner of said Johnson property and the northeast corner of John H. Ferguson property as recorded in Deed Book 945, page 751; thence continuing with said Ivy Circle and the eastern line of said Ferguson property the (2) two following courses and distances: 1) on a curve to the left (having a radius of 350.36) a chord bearing and distance of S. 33°58'30" W. 138.06' to a point; thence 2) on a curve to the left (having a radius of 275') a chord bearing and distance of S. 18°33'36" W. 39.01' to an existing rebar with cap, the southeast corner of said Ferguson and the northeast corner of Brian Vannoy property as recorded in Deed Book 1135, Page 244; thence continuing with said Ivy Circle and the eastern line of said Vannoy property on a curve to the left (having a radius of 275') a chord bearing and distance of S. 12°21'43" W. 20.59' to a point; in the eastern right-of-way of said N. C. Highway 801' thence with said right-of-way of said N. C. Highway 801 the (6) six following courses and distances: 1)N. 11°54'45" W. 18.88' to a point, the southwest corner of said Ferguson property; thence 2) N. 11°54/45"W. 148.62' to a point, the northwest corner of said Ferguson property and the southwest corner of said Johnson property; thence 3) on a curve to the left (having a radius of 772.90') a chord bearing and distance of N. 21°02'11"W. 119.86' to the northwest corner of said Johnson property and the southwest corner of said Robertson; thence 4) on a curve to the left (having a radius of 772.90') a chord bearing and distance of N. 29°12' W. 100.20' toa a point, the northwest corner of said Robertson and the southwest corner of said Barney; thence 5) on a curve to the left (having a radius of 772.90') a chord bearing and distance of N. 38°25'13" W. 148.26'1 to a point; thence 6) N. 43°06'15" W. 51.59' to the place of BEGINNING and containing 6.5434 Acres more or less.    WINMOCK ROAD STREET CLOSURE  BEGINNING at an existing rebar and cap (having North Carolina Grid Coordinates of North 823,465.93. East 1,574,701.14, said iron being in the southwest intersection of N. C. Highway 801 and Winmock Road and also being the northwest corner of Lois B. Barney Trustee Property as recorded in Deed Book 1141, Page 696; thence crossing said Winmock Road and with N. C. Highway 801 N. 44°05'36" W. 43.62' to a point on a telephone pedestal the northern right-of-way of said Winmock Road and the southwest corner of H &V Construction Co. Property as recorded in Deed Book 164, Page 32; thence with the northern right-of-way of said Winmock Road S. 67°46'11"E. 532.75't to an existing rebar the eastern perimeter of said' Winmock Road and the southeast corner of said H. & V. Construction Co.; thence with the eastern perimeter of said Road S. 25°37'25" E. 38.47' to a point the southeast perimeter of said Road; thence with the southern right-of-way of said road S. 67°32'25" W. crossing a rebar with cap 165.25' and continuing 20.41' to a 1 %" iron and 333.11' for a total of 518.78' to the place of  BEGINNING and containing 0.4763 Acres more or less.    SHELTON GERTIE ESTATE CIO/ ANNIE SH HEPLER 1195 YADKIN VALLEYF ROAD ADVANCE, NC: 27006-0000 FERGUSON! EARLENED 915 RIVERBENDI DRIVE BERMUDA RUN,NC27006-000 SPARKS MILDRED 431 IVY CIRCLE BERMUDA RUN, NC27006-2506 MATTHEWS JOBYW 465 IVY CIRCLE BERMUDA RUN, NC: 27006-0000 JOHNSON GEORGIAF 472 IVY CIRCLE BERMUDA RUN, NC: 27006-0000 GOODWILL IND OFI NWI NCI INC 2701 UNIVERSITY PARKWAY WINSTON: SALEM, NC27105-0000 ROBERTSON GERALD HARRIS 1070 STYERS STREET GERMANTON, NC: 27019-0000 ANDERS, J SCOTT 1209F RIVERBEND DRIVE BERMUDAI RUN, NC2 27006-0000 SEIDEL REALTY INC 142 GYPSYL LANE KING OF PRUSSIA, PA 19406 HANNER KIMTE ESTATE OF 4677 BAUXI MOUNTAIN RD WINSTON: SALEM, NC: 27105-2431  BEESON JAMES PRICE 304 YADKIN VALLEY ROAD BERMUDA RUN, NC: 27006-0000 HILLSDALE INVESTORS LLC CIOWGJOHNSON 127 MARKETPLACE DRIVE MOCKSVILLE, NC 27028-0000 BROWDER HOLDINGS LLC 53801 US HWY158 BERMUDA RUN, NC27006-7984 DIVERSIFIED INVEST PROPI LLC 37781 DOCK SIDEL LN SHERRILLS FRD, NC: 28673-7828 HENSLEYWILLIAMD 529IVY CIRCLE BERMUDA RUN, NC: 27006-0000 JANDB OF DAVIE LLC 158 MCCASHINL LANE MOCKSVILLE, NC: 27028-0000 KINDERTON' VILLAGE LLC 5489 HERITAGE OAKS LANE WINSTON: SALEM, NC: 27106 VANCEDONALDS LLC 222 GRAND. AVENUE ENGLEWOOD, NJO 07361  H&BF PROPERTIES OF NC 108 DORNACHWAY BERMUDA RUN, NC2 27006-0000 CARTER' TODDI HAYSE DDS 123 NCI HIGHWAY 801 SOUTH BERMUDA RUN, NC: 27006-7645 BARNEYLOIS! B1 TRUSTEE 147 WI RENEEI DR ADVANCE, NC 27006-7958 CLUBCORP NV: XIIL LLC 9PROPERTYTAXI DEPT POE BOX2 2539 SAN ANTONIO, TX7 78299-2539 JONES PATRICIAI M 989 NCI HIGHWAY 801 SOUTH ADVANCE, NC: 27006-0000  FIRST CITIZENS BANK &1 TRUST CO POBOX27131 RALEIGH, NC2 27131-0000 H&VCONSTRUCTION: CO 1598 WESTBROOK PLAZAI DRIVE WINSTON SALEM, NC: 27103-0000 FERGUSONJOHNH 915 RIVERBEND DRIVE BERMUDA RUN, NC27006-0000 FAMILYFUTURES INC POBOX1159 DEERFIELD,! IL60015 MAGUIRE THOMAS ETAL C/O BRANCH BANKING &1 TRUST POI BOX1 167 WINSTON-SALEM, NC 27102-0167  RESTAURANT PROPERTY INVESTORSII 2242' WEST GREAT NECK ROAD VIRGINIA BEACH, VA: 23451 EIGHT SIXTEEN LLC 214 MANCHESTER PLACE GREENSBORO, NC: 27410  LLC    THORNE NANCYS S 7051 LAKESTONE DRIVE RALEIGH, NC: 27609-0000 VAUGHNI FRANKIE 561 IVY CIRCLE BERMUDAI RUN, NC 27006-0000  WHITEHEART MICHAEL R 21691 NEW CASTLE DRIVE WINSTON: SALEM, NC27103 RAMSEY JOHNM 4551 IVY CIRCLE BERMUDA RUN, NC2 27006 FIRST HORIZON BANK 165 MADISONAVE MEMPHIS, TN: 38103-2723 OWENS PROPERTIES LLC 2710 OLD TOWN CLUB ROAD WINSTON SALEM, NC 27106-0000  JMI REAL ESTATE LLC 10201 MILLERSI POINT WATKINSVILLE, GA3 30677 COMBS MELISSA 471 IVY CIRCLE BERMUDA RUN, NC2 27006 STEARNS INVESTMENTS 11 LLC 208. JANALYN CIRCLE GOLDEN VALLEY, MN 55416  VANNOY BRIAN 485 IVYCIR BERMUDA RUN, NC: 27006-8521 GG&T PROPERTIES LLC 1365 WESTGATE CENTER DR WINSTON SALEM, NC: 27103-0000  Michael Kelley    TOVA  WN    @  P    eupo.ep 4J0N 'uns epnurag 'TOB ABAqH ON aoeld uogsy  :o  Gt  &    - -  4      -  -)  DE  3  6    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Minutes 3:00 PM  Wednesday, January 19, 2022  Bermuda Run Town Hall  I.  Call to Order  Attendee Name Tom Brady Bryan Thompson Lynn Senger Rod Guthrie David Strand Erin Shea  Title  Status Absent Absent Present Present Present Present  Board Member Alternate Member Vice Chairman Chairman Board Member Regular Member  II. Recognition of Quorum  The Chairman recognized that a quorum was: met with four members present.  III. Approval of Planning Board Agenda  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS) Shea, Guthrie, Strand, Senger Brady, Thompson  Lynn Senger  SECONDER: David Strand  IV. Approval of Planning Board Minutes- - November 17, 2021  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS) Shea, Guthrie, Strand, Senger Brady, Thompson  Lynn Senger  SECONDER: David Strand  V. Citizen Comments There were none.  VI. Permit Reports & Zoning Administrator's Update  Permit reports & zoning update were included in the agenda packet for reference and discussion. Lee Rollins updated the Board with agenda items for the February gth Town Council meeting.  VII. Town Manager's Update  Bermuda. Runl Plamning Board/Board. of4 Adjustment  Pagel    Regular Meeting VIII. Planning Board Cases  Minutes  January 19, 2022  a. Zoning Map Amendment 2022-01. Michael Kelley of Kelley Properties applied to rezone six tracts of land totaling approximately 6.54 acres from Commercial Mixed (CM), Club Residential (CR), Gateway Corridor Overlay (GC-O) and WS-IV Yadkin River Watershed to Village Mixed (VM), WS-IV Yadkin River Watershed. The subject properties are located east of NC HWY 801 S and west ofIvy Cir and is further described as parcels oft the Davie County Tax Map D8080D001401,  D8080D0013, D8080C0008, D8080C0007, D8080D0010, D8080C0005. Chairman Guthrie opened the public comment period.  1.N Michael Kelley, applicant, outlined the request and answered Board questions. 2. Scott Miller, engineer for the applicant, outlined the stormwater and traffic details of 3. Gary Leblanc, 168 Warwicke Place, spoke in opposition outlining existing traffic and 4. Mike Capone, 106 Hamilton Court, spoke in opposition highlighting flooding 5. Kendall Chaffin, 125 Boxwood Circle, spoke in opposition citing existing traffic and 6. Jesse Gellrich, 299 Ivy Circle, spoke in opposition due to the change in density and a 7. Ken Babb, 116 Warwicke Place, spoke in opposition to a change in density citing  the request and answered Board questions.  flooding problems.  problems, traffic issues, noise, quality oflife and property values.  concerns for growth at the requested location.  cultural change to the town. current traffic and flooding problems.  8. Greg Morris, 148 Town Park Drive, spoke in favor of the request.  9. Lindsay Tedder, 133 River Hill Drive, spoke in opposition due to existing traffic along 10. Michelle. Jones, 167 Warwicke Place, spoke in opposition due to concerns about water 11.J Joseph Freer, 105 Pembrooke Ridge Court, spoke in opposition and supported the 12. Bobbie Thacker, 133 Bermuda Run Drive North, spoke in opposition due to traffic 13. Ginger Baldwin, 121 Pembrooke Ridge Court, spoke in opposition to the change in 14. Beth Kelley, 145 St. George Place, spoke in opposition to the request citing traffic and 15. Billy Ingram, 138 Spyglass Drive, spoke in opposition to the request and the change in  NC HWY 801N. runoff and traffic.  concerns raised regarding water runoff.  concerns.  density near the NC HWY 801 and US HWY 158 intersection.  flooding problems. town culture.  Chairman Guthrie closed the public comment period. The Board held discussion on the request.  Erin Shea made a motion to deny citing managing growth with existing infrastructure and  existing problems.  Bermuda Run Plamning Board/Board. of Adjustment  Page 2    Regular Meeting  Minutes  January 19, 2022  RESULT: MOVER: AYES: NAYS: ABSENT:  DENIED [3-1] Erin Shea Shea, Strand, Senger Guthrie Brady, Thompson  SECONDER: Lynn Senger  b.] Design Waiver 2022-01. The Board reviewed a design waiver request by Chick-fil-A, Inc in accordance with 11.11 oft the Zoning Ordinance. The applicant requests to waive portions of 4.2.3 Design Standards Non-residential & Mixed-Use Buildings, 4.4.4 Sidewalks for the site addressed as 260 NC HWY 801 N and further identified as parcel of the Davie County Tax  Map C8020A0004.  Chairman Guthrie opened the public comment period.  1.Mark Campbell, applicant, outlined the two requests and answered Board questions.  RESULT: MOVER: SECONDER: Erin Shea AYES: ABSENT: RESULT: MOVER: SECONDER: Erin Shea AYES: ABSENT:  CANOPYLOCATION WAIVER APPROVED UNANIMOUS  Lynn Senger  Shea, Guthrie, Strand, Senger Brady, Thompson  SIDEWALK: INSTALLATION WAIVER APPROVED UNANIMOUS)  Lynn Senger  Shea, Guthrie, Strand, Senger Brady, Thompson  IX. Other Business There was none. X. Board Member Comments There was none. XI. Adjournment  RESULT: MOVER: AYES:  ADJOURNMENT UNANIMOUS Guthrie, Strand, Senger, Shea  Lynn Senger.  SECONDER: David Strand  Bermuda. Runi Plamming Board/Board of Adjustment  Page3    Lee Rollins From: Sent: To: Cc: Subject: Lee,  Guy,Jeremy M ymguyOncdotgov> Tuesday, November 2, 20216:25AM Lee Rollins Scott Miller; Lee Rollins RE: [External] FW: NCDOT Meeting?  As discussed yesterday in our meeting, NCDOT will support the new development adjacent to the existing Peachtree Lane on the East side of NC801. The development will use the existing Peachtree Lane and the turn lane accommodations already provided. The new entrance toi the South will also be allowed, however it must be right in right out unless the developer wants to add al left turn lane in. The right in right out movement will have to be protected bya4 4' concrete median that extends a minimum of 100' on either side of the drive. No right turn lanes in will be needed as long as the developer provides wide radii and long stem lengths as they currently are. The specifics ofe each drive willl be determined when the applicant submits fora a permit, however the framework fora allowing the additional  drive will remain in place unless the developer drastically changes thet type of development.  Thanks, Jeremy M. Guy, PE District Engineer Division 9 District 2 Office 336747.7900 office mguy@ncdotgov 375 Silas Creek Parkway Winston-Salem, NC 27127  Email correspondence to and from this address is subject to the North Carolina Public Records Law and may be disclosed to third parties.  From: Lee Rollins rolnserownotb.com> Sent: Wednesday, October: 27,20213:03PM To: Guy, Jeremy M ymguy@ncdot.gov> Subject: [External) FW: NCDOT Meeting?  Cc: Scott Miller scott@milerla.com); Rollins, Lee rolnserownotprcom>  CAUTION: External email. Do not click links or open attachments unless you verify. Send all suspicious email as an attachment to  ReportSpam. Jeremy,  1    Scott Miller with MLA Design Group is representing: a developer who wants to redevelop some properties just south of the Walgreen's and on the east side ofNC8 801 at Peachtree Lane extension. Attached is a preliminary sketch oft the redevelopment into multi-family. II have also attacheda GIS that shows the area outlined in blue to be redeveloped. Scott and Ia are available any time next Monday or Tuesday morning. We would like the opportunity to meet with you at Bermuda Run Town Hall to discuss what, ifany commens/frequirements there might bef from NCDOT.  Let me know a time that works fory you,  Lee  H.I Lee Rollins, Town Manager 1201 Kinderton Blvd., Ste. 100 Bermuda Run, NC27006 Tel. 336.998.0906 rolins@lowmotbr.com E3  wwy.townofbr.com WWDOA1B0BR.com  Email correspondence to and from this senderi iss subject tot the N.C. Public Records Law and may be disclosedi tot third parties.  2    TO: FROM: DATE: RE:  Town Council Lee Rollins, Town Manager January 27, 2022  a  NCDOT Assessment of'Traffic Impact for Ariston Place  Attached: Trip Gen Manual 10th Edition Document  Overview:  On Monday, November 1, 2021, representatives oft the proposed Ariston Place residential development met with me and NCDOT Division 9 Engineer, Jeremy Guy, to review the proposed development plan and what, ifa any, comments NCDOT might have for access to NC 801 South. The. January 25, 2022 Council Agenda Meeting packet included a copy ofa November 2, 2021 email from. Jeremy Guy communicating, "As discussed yesterday in our meeting, NCDOT will support the new development adjacent to the existing Peachtree Lane on the East: side of NC 801. The development will use the existing Peachtree Lane and the turn lane accommodations already provided."NCDOT review and approval of the project access from NC 801 was communicated during the January 19, 2022 Planning Board meeting.  Due to continued articulated concerns residents voiced regarding a negative traffic impact due to the proposed development, Ireached out to Mr. Guy fori further clarification as to the approach to NCDOT decision making. The information below comes directly from Mr. Guy: "The attached document came out of Trip Gen Manual, 10th Edition. This is what all traffic engineers use to determine traffic volumes, SO it is our most official source. There would be an estimated volume of 732 total trips and then you can. see the Weekday. AM and PM peak hour volumes and the columns to the left on the attachment. These weekday. AM and PM peak hour The ADT (Average Daily Traffic) of that road is 13,000 VPD (Vehicles Per Day as of 2020, which was the last count. A two-lane road will break down at about 18,000 VPD, sO with the added traffic, we are. still looking at under. 14,000 VPD (which is for the whole day). This is approaching an intersection that already has delay in the peak hour, but the trip gen is predicting. 35 extra cars in that peak hour. Trip Gen doesn't know which way they will be going, but we have a pretty good idea that 90%+ will be making a right out and left in. With the knowledge of the Walgreens to US 158 easement, many will use that to get to US158 and I-40. We would not expect this volume to decline the Level of Service any lower than it is. Will there potentially be an extra cycle that cars will have to wait? Yes, but we don'tforesee a total breakdown."  volumes are going to be the numbers that really matter.      8008 wooN B008  5   5 1  900 5005 FOOF  &    Lee Rollins From: Sent: To: Subject: Rod/Lee  Bryan Thompson ptnompsonertwcb.om, Wednesday, January 19, 20229:32AM Rodney Guthrie; Lee Rollins Re: January 19 Planning Board packet  To the extent you need my client, Dr. Carter's, position on the rezoning he isi in opposition and feels no change  isn needed to the current zoning as it impacts his site and the surrounding parcels.  Thanks, Bryan  From: Rodney Guthrie gutnes97egmal.om, Sent: Saturday, January: 15,20225:02PM To: Amy Flyte alye@laveounyncgop  Cc: Bryan Thompson itfomponeriwcp.omo, Lauren Weir weir@twcb.com>; david strand dmatandgunseplosom, erin hege erin.hege@bhhscarolinas.com>; Lee Rollins rolmsetbowmolr.om,.yme senger sengereyacte.neb; tom brady tbray477egmallcomp, Cindy Poe epoe@townotbr.com>  Subject: Re:. January 191 Planning Board packet Dear Planning Board members,  In light oft the two significant action items on our agenda for Wednesday, January 19, lask that you each take time to review the information provided by Amy and that you make every effort to be present for our meeting beginning at 3 p.m. Tom has informed me that, due to business travel, he will not be present. As such, iti is even more critical that all  other members attend and participate.  Thanks for your continued commitment to our work and our town.  Rod Guthrie, Chair Good morning, today.  Onl Tue, Jan: 11, 2022 at 9:53. AM Amy Flyte giMeelaVeounvncRor wrote:  Please see the attached meeting packet for our meeting next Wednesday at 3pm. A hard copy will go out int the mail  We have a couple action items on the agenda so please let me know ify you are unable to attend.  Alli the best, Amy Flyte, Senior Planner Development. & Facilities Services 298 El Depot Street Mocksville, NC 27028 0:(336) 753-6050 IF F: (336)751-7689 vedavscounynesor I www.davlecountynegow    Lee Rollins, Manager Town of Bermuda Run 120 Kinderton Blvd, Suite 100 Bermuda Run, NC 27006  Mr. Rollins,  Ifpossible, Iwould request that you forward the following salient points to your Town Council, This is regarding the Kelley Properties development, Ariston Place, heard January 19th by the Itis our intent for the requested down-zoning to add value to the Town of Bermuda Run. Asa former Planning Board member with Forsyth County,Imust: assume the opposition witnessed at the Planning Board, though not unanimous, was an indication ofthe work yet to be done relative The following points were selected from multiple conversations within the community, literally  in preparation fori the public hearing on February gth.  local Planning Board.  toi informing the citizens of Bermuda Run.  door to door with the five co-terminus property owners along Ivy Circle.  The points are as follows:  Comprehensive Plan Compliance: although the Comp Plan calls for CM zoning, a down zoning to VM will allow the number of units necessary to support such al high-end investment. Ini the end, once voluntarily annexed, Ariston Place will generate revenue for the Town that far surpasses what the current CM: zoning allows. Example: three commercial projects @ 3M (9M -Beyond the tax revenue, the petition provides ai much needed transitional development given the -The downzoning and the resulting development establishes aj precedent that protects the homes east of801 from further commercial, while adding roof tops to better attract commercial development to the west, projects whichIunderstand are forth coming and thus additional -The traffic count will actually be less than ife each parcel were to be developed individually, as currently zoned. We have cited the fact that a typical automated car wash could create 300 cars per day and 10,000 per month (real numbers from an existing franchise) and that is only one of the tracts, to include even the aging rancher that currently sits to the south and actually within the -Traffic flow will improve by way of newly purchased Walgreen's easement modifications in response to the current traffic. This will allow traffic flow: from residential units directly onto 158  total) VS. a single, fully residential $15-20 M project.  concerns expressed by the residential properties facing Ivy Circle.  revenue.  security fence on Ivy though zoned CM.    VS the current 801 drive cuts. Rather than requiring a traffic study, NCDOT welcomed the -Storm Water will be directed underground by way ofat technology now available which achieves new standard and provides for the same quality and quantity as before the development, -The Charleston-like design is fully gated (3 gates) to reduce traffic within the development. As six-foot decorative brick wall is being factored into the design SO as toj prevent any headlight -The wall and the Town's security fence will be fully landscaped with mature evergreens to The entire development will be entirely fenced as existing, to maintain complete security within Please feel free to direct any inquiries and feedback to myself @ 3364072994 and we will be  modifications recommended by our design.  amending current wash and erosion problems.  distractions and additional sound penetration, as requested in our home visits.  enhance the view corridor from Ivy.  Bermuda Run proper.  glad to meet with any Council members singularly as requested,  Sincerely,  John Bost  Master Counsel and Associates, Inc 6600 Village Brook Trail Clemmons, NC27012 masteroumel@gmalcon    Lee Rollins From: Sent: To: Cc: Subject: Attachments: Happy Friday,  Lee Rollins  Friday, January 21, 2022 11:30 AM Brian Williams; Amy Flyte Table of Uses for CM & VM: Zoning Districts Table of Uses TOBR: Zoning Ordinance.pdf  Mike Brannon; Curtis Capps; Heather Coleman; Rick Cross; Mike Ernst; Melinda Szeliga  Ihave taken the Tables ofUses" found in the Town Zoning Ordinance and highlighted for quick reference, uses allowed within the CM-Commercial Mixed District and the VM-Village Mixed District. You will quickly see that the majority of uses  allowed in CM-Commercial Mixed are also allowed: in VM-Village Mixed.  A few exceptions:  A"car wash" is an allowed use in CM-Commercial Mixed. Itis not an allowed as a use in VM-Village Mixed. A "fuel dealer" is an allowed usei in CM-Commercial Mixed. Iti is not an allowed use: in VM-Village Mixed. A "Nursery, lawn and garden supply store, retail" is an allowed use in CM-Commercial Mixed. Iti is not an allowed use A "Restaurant, with drive-thru service": is an allowed use in CM-Commercial Mixed. Iti is not an allowed use: in VM- Thel last page of the attached provides Additional Conditions For Certain Uses" as found in Chapter 9 oft the" Town Zoning Ordinance. Ih havel highlighted Section 9.49: for your review. As you assemble thei information you need andj juxtapose against public comments, I will remind that in 2015, the' Town Council capped the total number of multi-family dwelling units in the CM and VM districts to a: maximum of 20% oft the allowed maximum dwelling units per acre. There is, therefore, a cap on the There were numerous comments from residents opposed to the rezoning request due to "stormwater" issues and "traffic".I Stormwater as part ofa project is handled through the TRC- Technical Review Committee process. A developer must submit a complete site plan that shows building placement, parking space requirements, landscaping and lighting requirements, utilities requirements and stormwater controls requirements. A zoning permit from the Town of Bermuda Run to an applicant will not bei issued until all requirements of the zoning ordinance and/or state requirements (ifa applicable) are met. Only upon issuance of an approved site plan and zoning permit, will the Ihave included: in the agenda packet a copy of an email I received from NCDOT Engineer, Mr. Jeremy Guy. The developer provided Mr. Guy with the rendering oft the proposed development, which each of youl have seen and has been made available for publici inspection. Although I am sensitive to: resident complaints about the morning and evening stoplight cycle delays at the 158/801 intersection,' NCDOT: is already on record consenting to the proposed Lastly, I will remind the Town Council as I reminded thel Planning Board.. the request before you is a "general rezoning". You should consider all allowed uses associated with a change of the 6.54 acres from CM to VM. Thus, hope the attached quick reference of uses will be helpful as you continue to gather information. Although you are not to make a final decision on the rezoning request based on a specific project, the developer has provided al helpful visual to show how residential could be placed on the 6.54 acres in question. Thej project as proposed has 47 units on ground. level and 52 second floor units. The current CM-Commercial, Mixed zoning allows up to 8 dwelling units per acre. Therefore, the current zoning would allow up to 50 dwelling units. VM-Village Mixed: zoning allows up to 15 units per: acre. Therefore, a rezoning oft the 6.54 acres to VM-  in VM-Village Mixed. Village Mixed.  total number of multi-family dwelling units in each zoning district.  spoke to Warwicke Place HOA President, Gary LeBlanc this morning to clarify the following:  applicant be issued building permits for construction.  project.  Village Mixed would allow up to 98 dwelling units.  Thank youf for your willingness to serve. We will see you at 8:00am this coming Tuesday morning.    CHAPTER3  ZONING DISTRICTS  Table 3. Table of Uses  ermucrron/oningdmimsirator S OAPIONLANAASIISI P/CE PermitfiomZoning Administrator, tKemuatneatndtionul conditions S/CF SUPToNadaTAIae usemusti mectadditionald conditions E Notpermitted "U"E Uses leteminedlbyumderlyng disttict USDS  DISTRICIS  Additional Conditions  RDSIDONTIAL OVDRLAY MIDD-USD BUS.  6   6  AGRICULTURALUSES Agricultural industry Agriculture, bona fidei farms, including processing ors sale ofp products grown on PIC thes same: zoning lot, excluding agricultural industry Agriculture associated withj permitted micro-breweries and micro-distilleries Agriculture associated with permitted wineries Agriculture implement sales and service P/C Livestock sales and auctions COMMERCIALUSLS Adulte establishments Amusements, commercial, indoor Amusements, commercial, outdoor Arts and crafts studio Automatic teller machines (ATMs) Banking and financial services Bed andl breakfast establishment Broadcast studios, radio and television Building materials supply Car wash Clubs, private storage  U  9.5 P/C 9.36 9.36 P/C P/C 9.4 P/C 9.6 9.8 9.10 P/C 9.12 P/C 9.42 P/C P/C 9.13 9.18 PIC 9.42  S  U U U U  - -  - P/C P/C 9.6  S -  S U U P P P P/C U U PIC P/C P U U P P P  SIC SIC S/C U U PIC PIC -  U - U - - - U U U U P/C P/C U U U P P P U U P P P U U P/C P/C P/C 9.24 U U P P P U U PIC PIC P/C 9.27 U U P P P  - S/C  Construction" vehicle and heavy machinery sales, repair, leasing, maintenance, and Copy shops and business service centers Dry cleaning and laundry services Electronic gaming operation Farmers market Feed and seed stores Flea markets Food and beverage store Fuel dealer Fuel station Home occupation Hotel  SIC SIC  U U  P/C 9.42 PIC P/C 9.26  -  P/C P/C PIC U P/C P/C P/C  9.31  Sec.3-Page 18  Town of) Bermuda Run! Zoning) Regulations - Amended 3-9-21    CHAPTER3  ZONING DISTRICTS  P rermicrrom/zoningAdmsIor SUPINEANOAnNA P/CS PermitfomZoning AdminlatatoguRenustmctalitonal conditions S/C= SUPIoNaRTAIsnNA usemust meet additional conditions € Notpermited "U'E Uise,Aemingllymakyig disttict USDS Junkyard Kennel Motel  DISTRICTS  Additional Conditions  RDSIDDNTIAL OMDRLAY MIXED-USE BUS.  8 6 P/C  8 P/C 9.33 9.34 P P P/C 9.37,9.42 P/C 9.38 P/C P/C 9.39,9.42  U U U U U U U U U U U  -  Laundry and linen supply service Micro-brewery,- -winery, & -distillery Motor vehicle paint orb bodys shop Motor vehicle repair andi maintenance Motor vehicles sales, rental and leasing Motor vehicle storage yard Nursery, lawn and gardens supplys store, retail Outdoor display and sales of merchandise Parking lot or deck Pawn shop Raceways and drags strips Restaurant, with drive-through: service Restaurant, without drive-throughs service Retail, general Retail, minor passenger vehicle service Retail, non-store Retail store, large Retails store medium Retail store, small Riding stables Shopping center, large Shopping center, medium Shopping center, small Shooting range( (indoor) Shooting range (outdoor) Studios (art, dance, music, or photographic) Theater, indoor Theater, drive-in Vacation rental residence Veterinary: services  U P P P P U U P/C P/C P/C 9.36  P/C  U U PIC P/C P/C 9.41 PIC U U P/C P/C P/C 9.43 U U - P/C P/C 9.50 U U P U U P P P U U U U U U U  P PIC 9.50 P P P P SIC  9.27 9.51  U U P/C P/C P/C 9.51 U U PIC P/C P/C 9.51 U U S S S U U P P P U U P P P U - S U U P P P U U P P  P  - S  S  -  S/C  U U PIC PIC P/C 9.58  Sec.3-) Page 19  Town of] Bermuda Run Zoning Regulations Amended: 3-9-21    CHAPTER3  ZONING DISTRICTS  PermitiromZoningAdmimstaon S SUP.ronbaNdarAltnet P/CE PermitfomZoning Administator, usemustmeet: additional conditions S/C SUPTONNAROOTAINLSN usen mustmect.adaitionale conditions E Notpermitted U's Wedéeminalbymayig district USDS INDUSTRIALUSES Abattoirs Asphalt and concrete plant and contractors Auto wrecking: yards, building material salvage yards, general salvage yards, scrap metal processing: yards Building contractors, general (excluding professional offices) Building contractors, heavy (excluding professional offices) Bulk storage of! petroleum products Dry cleaning and laundry plants Feed and flour mills Freight Terminals Laboratory (analytical, experimental testing, research and development) Laboratory, medical or dental Landfill, land clearing: andi inert debris Landfill, construction: and demolition Landfill, sanitary Manufacturing. A Manufacturing/ B Manufacturing C Meat packing plant Motor vehicle dismantling and wrecking yard Printing ort binding Quarries or other extractive! industries Saw mills Storage and salvage yard Tirer recapping shops Warehousing (excluding self-storage) Warehousing, self-storage Wastei incineration Waste transfer station, recycling only Wholesale trade A Wholesale tradel B Wine center Winery  DISTRICTS  Additional Conditions  RDSIDENTIAL, OVDRLAY MIXDD-USD BUS.  6  0 6  U U U U U U U  P/C 9.42 PIC 9.42 P 9.23 P/C 9.25 P  U U P P P  U  P S  U U  P  U U U U U  PIC 9.59 S/C 9.60 P S  U U P/C P/C P  U U P/C P/C P/C  S  Sec.3-) Page 20  Town of) Bermuda Run Zoning Regulations - Amended: 3-9-21    CHAPTER3  ZONING DISTRICTS  eracrromZoning. Admmstrator U.onbardeAlnent /C Permitf fiomZoning Aimintatoruonumcete additional conditions S/CF sUPotoneAlmaNr usemustmcct: adkitonalconditions 36 Notpermitted "U"E Uicdeemindlyunayng district USDS GOVERNMENTAL& INSTITUTIONALUSES Childcare institution Church ori religious institution, neighborhood scale Church or1 religious institution, community P/C scale Civic, fraternal, cultural, and community PIC facilities, not otherwisel listed Club or lodge, private non- profit College orl university Community center Congregate care facility Correctional institution Daycare center Daycare home Emergency shelters Funerall homes Govemment offices, courthouses, and similar governmental facilities not otherwise listed Group carei facility Groupl homes A Group homes B Habilitation facility, A Habilitation facility, B Institutional uses, not otherwisel listed Library, public Museum ora art gallery Nursing care institution Post office Postal facility, neighborhood Progressive care community Publics safetys stationsi including police, fire, and rescues services Public works facility Schools, elementary and secondary, including school stadiums Schools, vocational or professional.  DISTRICTS  Additional Conditions  RESIDDNTIAL OMDRLAY MIXED-USE BUS,  8 6 P/C P  6  S/C U U P/C P/C S U U P P P S/C U U P/C P/C PIC 9.16 SIC U U PIC P/C P/C 9.17 S/C U U P/C P/C P/C 9.18 U U P/C PIC P/C 9.19  9.15 9.16  P/C P/C P/C  P/C P/C P/C U U P/C P/C P/C 9.20 S/C SIC S/C U U PIC P/C P/C - P/C U U PIC P/C P P P U U P P P  9.40 9.21  S/C U U P/C P/C P/C 9.15 U U P/C P/C P/C S U U P P P  P S/C P/C S S  - -  -  P/C P/C P/C U U P/C P/C P/C 9.28  SIC U U PIC P/C PIC 9.28 S/C U P/C P/C PIC P/C 9.29 U U PIC PIC P/C 9.29 - U U S S P S U U P P P U U P P P  P - S U U P P P S/C S/C S/C U U P/C P/C - P P P U U P P P P/C P/C P/C U U P/C P/C P/C 9.45 P P P U U P P P PIC SIC SIC U U PIC P/C  9.40  S S/C  U  P PIC 9.52  U U P/C PIC P/C 9.53  Sec. 3-Page: 21  Town of] Bermuda Run! Zoning) Regulations - Amended. 3-9-21    CHAPTER3  ZONING DISTRICTS  P Permitirom/Zoning. Administrator SUPINHANAINnwN P/CE PermitfomZoning Administratort usemustmects additional conditions S/C= UPontoAlmas usemusti mcete additional conditions E Notpermitted U"E ResdRencdly.IAayug district USDS Telecommunication' Towers/Wireless Support Structures Utilities, above ground Utilities, below ground Utility service area Yard waste composting PROPESSIONALOFTICE: & MEDICALUSES Clinics Health services, miscellaneous Hospital Medical and surgical offices Offices, professional Optical services Orthopedic supply houses Pharmacy Arenas private Open space (see Section 10.6) Public parks Recreational amenity centers, neighborhood Recreation services, indoors Recreation: services, outdoors Recreational vehicley park RESIDENTIALUSES Accessory dwelling unit, attached Accessory dwelling unit, detached Boarding or1 rooming house Dormitory Manufactured home, Class A Manufactured! home, Class B Manufactured: home, temporary Manufactured! home park Manufactured home subdivision Residential, duplex Residential, multi-family  DISTRICTS  Additional Conditions  RESIDDNTIAL, OVDRLAY MIEXDD-USD BUS.  8 6 2 S/C  € SIC 9.54  U  P/C PIC PIC U U P/C PIC P/C 9.56 P P P U U P P P P/C P/C P/C U U P/C P/C P/C 9.57  S  U  P  U U P P P U U P P P U U P/C P/C P/C 9.32 S U U P P P S U U P P P S U U P P P U U P P P - U U P P P U U  SIC  S/C S/C 9.7  Banquet & events facilities, reception halls PIC SIC S/C U U P/C PIC P/C 9.9 Golf courses and driving ranges, publico or S/C SIC PIC U U P/C PIC P/C 9.46  P P P U U P P P P/C SIC PIC U U P/C P/C P/C 9.46  10.6  P S/C  P U U P P P S/C U U P/C PIC PIC 9.47  P/C S/C S/C U  P/C P/C P/C 9.47  P/C P/C P/C U U P/C P/C P/C P/C P/C U U P/C P/C  9.3 9.3 9.11 9.35  U U PIC PIC U U P/C PIC PIC 9.22  SIC  P/C P  PIC  P/C U U P/C P/C S/C S/C U U P/C P/C P/C 9.49  Sec. 3-P Page 22  Town of] Bermuda Run Zoning Regulations - Amended: 3-9-21    CHAPTER3  ZONING DISTRICTS  P OTTCN/AICADNNAO S SUP.IonbaNdALtnst P/CE PommitfomZoning Admihnistratoryt usemustmecte additional conditions S/CE NUPICANMSIAIINs wemutimetndlitonal. conditions 4 Notpermitted "U"E UaAkteminedlymwuyng district USDS Residential, single-family Residential, townhouse SERVICEI USES Cemetery Personal services Services A, business Services) B, business Transit stop Transitt terminal MISCELLANEOUS USES Accessory communication: antennae Accessory structures and uses Airports Fairgrounds Hazardous waste management facility Helistop Outdoor storage associated with permitted P/C uses Private landing strips Recycling center Service kiosks Temporary seasonal uses and structures, P/C including seasonal markets  DISTRICIS  Additional Conditions  RDSIDDNTIAL OVDRLAY MIXDD-USD BUS.  6 6 A 2  6 8  P P P U U P P PIC P/C U U P/C P/C  P/C  U U U  9.14 P/C 9.42 P P  S U U P P P U U P P P  P P  PIC P/C P/C U U P/C PIC P/C 9.1 P/C P/C P/C U U P/C P/C P/C 9.2  U U U U U U  PIC PIC 9.30 S/C PIC 9.42 P P/C 9.48  P  U U P/C PIC PIC 9.8 U U PIC PIC P/C 9.55  Sec. 3-F Page 23  Town of] Bermudal Run Zoning Regulations- Amended: 3-9-21    CHAPTER9 9.48 Recycling Center  ADDITIONAL CONDITIONS FOR CERTAIN USES  (A) A 20-foot front setback shall bei required for all recycling centers, and the streetyard (B) A 50-foot side and rear yard buffer shall be required for any site which abuts a C) No outdoor storage of goods to be recycled shall bej permitted. All such materials  requirements of Chapter 5 shall apply. residential or mixed-use district.  shall be enclosed within bins, buildings, or storage containers.  9.49 Residential, Multi-Family  (A) The maximum number ofmulti-family, residential units per zoning district shall not exceed the percentage shown in the table below of the maximum number of total units based on the allowable: maximum dwelling units per acre The following table shows the calculations based on the total acreage of each zoning district at the time  ofadoption oft this subsection (November. 10,2015):  Zoning Total Maximum District Acres Dwelling Units Total Units  Maximum Maximum % of  Maximum Multi-family dwelling units 140 392 664 745 780 735 3,456  Multi-family dwelling units 10 10 20 20 20 20 n/a  per. Acre (DUA) 3 4 8 8 15 15 n/a  OS 468 CR 980 RM 415 CM 466 VM 260 GB 245 Total 2,834  1,404 3,920 3,320 3,728 3,900 3,675 19,982  At any time that a zoning map amendment reclassifies an area of land, the maximum number of multi-family residential dwelling units shall be recalculated (B) Primary access to the development site shall be from a state or Town-maintained street. The developer may be required to provide turn lanes and other off-site transportation improvements to insure safe and adequate access. (C) Onsmalli infill development sites, mull-famiybuldings shall be designed tol blend inv with surrounding single-family residential buildings to the maximum extent practicable with regards tol building design, setbacks, driveway and garage design  for each ofthe affected: zoning districts.  and location, porches, and sidewalks.  (D) Site designs shall create a sense of "neighborhood" and shall include:  Sec. 9-1 Page 22  Town of] Bermuda Run Zoning Regulations - Amended 3-9-21    (7D)  TO: DATE: RE:  Town Council February 8, 2022  DERMUD  SITE 2022-01 Ariston Place 10/70 Request  Basic Information Applicant()Owner:  Kelley Properties clol Michael Kelley 290. James Way Bermuda Run, NC27006 Scott Miller, MLA 120 Club Oaks Ct, suite 100 Winston-Salem, NC 27104  Agent(s):  Site Location: Davie Co. Parcels: Total Site Area: Zoning:  along the east side ofNCHWY 801 S and west ofIvy Circle currently D8080D001401, D8080D0013, D8080C0008, D8080C0007, D8080D0010, D8080C0005. (proposed to be: recombined) CM and CR (Commercial Mixed & Club Residential) with a submitted zoning mapi request to VM Village Mixed, WS-IVPA Yadkin River  6.54 acres  Total New Impervious: 3.67 acres (56.1%i impervious area)  Watershed: Protected. Area  10-70 Request  Section 15A NCAC 02B .0216 of the North Carolina Administrative Code states that local governments may allow up to 10j percent of their watershed area tol be developed and built upon up to 70 percent built- upon surface. The area built upon is then considered impervious. The remaining 30 percent that is not built upon is termed pervious area. This is commonly referred to as the 10/70 option. Without the 10/70 Section 10.1 (C) oft the Bermuda Run Zoning Ordinance provides this option. A total of 300 acres was granted to Bermuda Run by Davie County when zoning was established. A minimum of 50 acres of impervious area has been reserved by the Town. A total of 25.86 acres of property have previously received a 10/70 allocation. Therefore, ai total of224.14 acres may receive a 10/70 allocation. The applicant is petitioning the Town of Bermuda Run for the approval of a 10/70 provision for 6.54 acres of project area for a multi family project. The applicant is proposing 3.67 acres ofimpervious area on the site. The total impervious areas of the site would be 56.1% percent. If approved, this allocation The six subject properties currently consist of three single family homes, vacant land and commercial uses. The applicant, Kelley Properties, proposes constructing a multi family project. Two oft the lots are not currently in the Town limits, but the applicant has submitted a voluntary annexation petition to run  option, the maximum impervious area is 24j percent of the total site area.  would permit up to 70% impervious area on the site.  concurrently with this 10/70 allocation request.  Page 1 of3    Comprehensive Plan  The site is located in the "Crossroads Commercial" as identified in the' Town's Comprehensive Plan. The This land use classification is intended for commercial uses that have a more regional draw andi may serve residents outside of the immediate area. The area included in this classification is located in close proximity to the crossroads ofInterstate 40, US Highway 158, and NC Highway 801. Uses primarily include retail, restaurants, medical. services, and This character area is made up ofseveral sub-areas including the Shops at. Bermuda Quay, Tanglewood Crossing, Kinderton Place, the commercial, parcels near the intersection of Highways 158 and 801 and areas located in close proximity to the Exit 180 interchange at Interstate 40. Each. sub-area has a slightly different architectural language, ranging.from brown-toned. stacked stone and. stucco with arches and towers at. Bermuda Quay, to. simple lines and brick at Tanglewood Crossing, to the varied materials ofk Kinderton Place, dominated. byj yellow horizontal siding and copper accents with ai mixture ofmaterials on outparcels, including brick, stucco, and stacked. stone. Newer construction in this area has been encouraged: to incorporate the brown tones with brick and stacked. stone as, primary  following is a description of the character area:  professional offices.  materials and. stucco as a secondary material. The plan includes the following objectives and strategies:  OBJECTIVE: 3: Support steady, managed growth with additional residential and retail development. Strategy 3.1 Utilize the Future Land Usel Map to encourage managed growth and development that is compatible with the' Town's character, surrounding land uses, and availablei infrastructure and services. Strategy 3.2: Support residential growth to attract the additional retail and service amenities desired by Residential growth shouldi include a variety of large lot, small lot, patio home, townhome, and upper floor residential units in mixed use buildings at densities compatible with surrounding development but substantial enough to support new: retail and service uses.. Existing residential development should also be Strategy 4.2 Utilize building prototype designs to guide new infill and master planned development, The building prototypes depicted on the following pages are intended to provide a guideline for the form, massing, and materials for different building typest throughout the' Town'sjurisdiction. These prototypes are intended toj promote building compatibility and cohesiveness, but noti monotony. Architects and designers are encouraged toi incorporate design elements that are common to the Town, while designing creative and unique structures within it. For example, al building facade can be balanced without  residents.  protected from incompatible uses.  helping to ensure architectural compatibility and cohesiveness.  being symmetrical.  Page 2 of3    MULTHAMLVRESDENTIAL BUILDING  Town Council Action  According to Section 10.1 (C)(7) oft the Zoning Ordinance, all requests for the 10/70 provision shall be decided by the Town Council after a duly advertised public hearing. In making a decision regarding the  10/70: allocation the Council should consider thei following: 1. The amount of10/70 acreage: remaining tol be allocated. 2. The type and location of development. 3. Thei type and location of required pervious surfaces. 4. Stormwater impacts.  5. Any other factor which the Town Council feels is significant to the development and future of  Bermuda Run. The following questions are provided for consideration: a. Will the proposed use/building improve the tax base oft the Town? b. How many. jobs will thej proposed use provide?  Is-the proposed use compatible with other uses in the area and with the Town of Bermuda Run e. Isth the applicant proposing enhanced site improvements toi mitigate ori improve stormwater runoff? E. Ist the amount of impervious requested the minimum amount necessary to complete the proposed  Comprehensive Plan? development?  d. Ist thej proposed building design compatible with other buildings in the area?  The Town Council is requested to set a public hearing for its February 8 meeting. Following the public hearing, the Council is requested to take action following a motion and a second for one of the items  below: Approve Deny Defer Attachments 10/70 application Proposed sketch plan Project boundary map Site survey Public Notice  Proposed site plan (to be submitted for TRC review)  Page3of3    Zoning DIstrict: Date:  TOWN OF BERMUDA RUN 10/701 PROVISION APPLICATION  Request for permlssion to use the 10/70 Provislon within the jurisdiction of the Town of Bermuda  Run as follows;  Name of Applicant: Michael Kelley Telephone: 336- 580-0888 Fax: Owner of Property: Micoel Kellay  Address of Applicant: 290 Jameauay Bermeda Run NE 27006 Address of Property Owner: 29034m42164 Bermude 2ur NL 27006 Parcel ID: Sce Alacked Parcel Size: 1654/ Accs  VapAt2A  Total Projected Pervious Areat 2.87A AL. Total Projected Impervious Area: +3.G7Aes Total Percentage of Pervious Area:43.4% Total Percentage of Impervious Area: $6.170  Reason for request:  ApplGt iarfvestgtle. CnncwakionoEt Hle Subyctppperly itotL TbercBermeda PM-Gdir HL10/ze llocatier in mllet4 Hpphpapsa The property under consideration shall be used for industrial, commercial, or mixed-use development. If the proposed development is for public or non-profit use, educational buildings or facilities, residential development, or otherwise serves a significant economic development purpose, the allocation may be approved If the development Is determined to bei in the best Interest oft the Town, please explain how this usel Is in the best Interest oft thet town: By epprovns 1Lc rafvastfar Anneath and  Lisu:, E  zezaliaetbr, Rechtrs Lane fhara  llevs He Subjseh Prapra Eylaklpaa npiovel Hus AMeAg t TaJns  (Attach publk additional ruahtop privetz sheets as +Li. needed.) ul tex he.sc,  rmecth, makenanex SE5 eids! of thai usiments bi Heciy  The applicant must include a detailed description of the proposed project along with a detailed drawing of By signing this form, applicant hereby states alll Information wrltten herein Is accurate and true. Applicant further acknowledges the allocation of the 10/70 provislon! Isaprivilege granted by the  the proposed site plan. Councl! and Is notar right.  This the (Applicant)  SEE ZONING  L  GBONANGEPOAINEBHATOKANDNSTRUCTONS  ALNE  Zoning Office Use Only  Public Hearing Date:  Action by" Town Board:    LEGAL DESCRIPTION  BEGINNING at an existing rebar and cap (having North Carolina Grid Coordinates of North 823,465.93. East 1,574,701.14, said iron being in the southwest intersection of N.C. Highway 801 and Winmock Road and also being the northwest corner of Lois B. Barney Trustee Property as recorded in Deed Book 1141, Page 696; thence crossing said Winmock Road and with N.C. Highway 801 N. 44°05'36" W. 43.62' to a point on a telephone pedestal; thence continuing with said N. C. Highway 801 N. 43°52'40" W. 128.35' to a point in the northwest corner of H &V Construction Co, as recorded in Deed Book 164, Page 32 and the southwest corner of Family Futures Inc. property as recorded in Deed Book 971, Page 21; thence with the lines of said H &VC Construction Co. the (3) three following courses and distances: 1) N. 67°38'26" E. 217.76' to a nail, the southeast corner of said Family Futures property; thence 2) N. 22°10'04" W. 80.03' to an existing 7/8" iron, a corner of said H &V Construction and in the southern line of James Price Beeson property as recorded in Deed Book 167, Page 781; thence 3) N. 67°44'25" E. 10.06' to a point in the northwest corner of Todd Hayse Carter, DDS property as recorded in Deed Book 159, Page 296; thence continuing with the lines of said H &VConstruction and Carter property the (3) three following courses and distances: 1)S. 22°10'04" E. 43.00' to a point at an existing building; thence 2) N. 67°44'25" E. 48.00' to a point at an existing building; thence 3) N. 22°10'04" W. 43.00' to a point, the northwest corner of said Carter property and in a corner ofH&V Construction property; thence with said northern line of said H &V Construction property and the southern line of said Beeson line N. 67°44'25"! E. 67.66' to an existing rebar, the southeast corner of said Beeson property and the southwest corner of Goodwill Industries of NWNC, Inc property as recorded in Deed Book 961, Page 463; thence with the northern line of said H &VConstruction and the southern line of said Goodwill property N. 67°44'25" E. 197.30' to an existing rebar, the northeast corner of said H &VC Construction property and in the line of Browder Holdings LLC as recorded in Deed Book 601, Page 726; thence with the eastern line of said H &VConstruction and the eastern line ofs said Browder property S. 3319'37" E. 203.80' to an existing rebar, the southeast corner of H&V Construction and in the northeast corner of said Winmock Road; thence with the eastern terminus of said Winmock Road S. 25°37'25" E.38.47 to a point the southeast terminus of said Winmock Road and the northeast corner of. Joby W. Matthews as recorded in Deed Book 308, Page 700 and in the western right-of-way of Ivy Circle; thence with the right-of-way of said Ivy Circle the (5) five following courses and distances: 1) on a curve to the left (having a radius of 135)a chord bearing and distance of S. 10°01'11"W. 28.44' to a point; thence 2) on a curve to the left (having a radius of 295') a chord bearing and distance of S. 02°23'44" E. 65.46' to a point; thence 3) S. 8°45'55" E. 200.91'to a point; thence 4) on a curve to the right (having a radius of 155) a chord bearing and distance of S. 5°09'07" E. 20.05' to a point; thence 5) continuing with said Ivy Avenue S.04'40'25" W. 33.04' to a point, the southern corner of said Matthews property and a southeast corner of Gerald Harris Robertson property as recorded in Deed Book 1013, Page 596; thence continuing with Ivy Circle and the eastern line of said Robertson property on a curve to the right (having a radius of 155) a chord bearing and distance of S. 12°27'38" W. 9.03' to a point, an    eastern corner of said Johnson and Robertson property; thence with said Johnson property the (4) following courses and distances: 1) on a curve to the right (having a radius of 155') a chord bearing and distance of S. 20°55'17" W. 36.66' to a point; thence 2) on a curve to the right (having a radius of 305') a chord bearing and distance ofs. 37°51'47" W. 109.68' to a point; thence 3) S. 48°13'17'W. 85.75' to a point; thence 5) on a curve to the left (having a radius of 351' a chord bearing and distance of S. 46°47'17" W. 17.56' to a existing rebar with cap the southeast corner of said Johnson property and the northeast corner of John H. Ferguson property as recorded in Deed Book 945, page 751; thence continuing with said Ivy Circle and the eastern line of said Ferguson property the (2) two following courses and distances: 1)on a curve toi the left (having a radius of 350.36) a chord bearing and distance ofs. 33°58'30" W. 138.06' to a point; thence 2) on a curve to the left (having a radius of 275) a chord bearing and distance of S. 18°33'36" W. 39.01' to an existing rebar with cap, the southeast corner of said Ferguson and the northeast corner of Brian Vannoy property as recorded in Deed Book 1135, Page 244; thence continuing with said Ivy Circle and the eastern line of said Vannoy property on a curve to the left (having a radius of 275') a chord bearing and distance of S. 12°21'43" W. 20.59' to a point; in the eastern right-of-way of said N. C. Highway 801' thence with said right-of-way of said N. C. Highway 801 the (6) six following courses and distances: 1) N. 11°54'45" W. 18.88' to a point, the southwest corner of said Ferguson property; thence 2) N. 11°54'45" W. 148.62' to a point, the northwest corner of said Ferguson property and the southwest corner of said Johnson property; thence 3) on a curve to the left (having a radius of7 772.90') a chord bearing and distance ofN. 21°02'11"W. 119.86' to the northwest corner of said Johnson property and the southwest corner of said Robertson; thence 4) on a curve to the left (having a radius of 772.90') a chord bearing and distance of N. 29°12'W. 100.20' to a point, the northwest corner of said Robertson and the southwest corner of said Barney; thence 5) on a curve to the left (having a radius of 772.90') a chord bearing and distance of N. 38°25'13" W. 148.26' to a point; thence 6) N. 43°06'15" W. 51.59' to the place of BEGINNING and containing 6.5434 Acres more or less.    (8)  Blakley Landscape Service, Inc. Providing Benchmark Landscape Service since 1979 North Carolina Accreditation Energy Savings Landscapes  First Amendment to Landscape Maintenance Contract  Effective February 13, 2022 Town Of Bermuda Run, NC  Blakley Landscape Services, Inc. (herein Blakley) 274 Baity Road Mocksville NC and Town Of Bermuda Run, NC (herein Owner) entered into as service contract dated February 13+h, 2019 to provide annual landscape maintenance services for Area 1 and modified Area 2 Town properties from February 13+h,  20191 to February: 12th, 2022, a period oft three (3) years. Blakley and Owner now desire to amend the Contract as follows:  1. The term of the Contract is hereby extended for an additional year February 13th, 2022- 2. The annual price for the services will become $90,000 payable int twelve monthlyi installments 3. All other terms, provisions, and conditions set forth int the Contract dated February 13th,2019,  February 12th,2023. of $7,500.  shall continue ini full force and effect except as expressly modified herein.  The parties hereby execute this Amendment toi the Contract.  Amendment Agreed to this day. Blakley Landscape: Services, Inc. 465  Town Of Bermuda Run  By:. Tony/Blakley. Jr. General Manager  By:. Print Name/Title:  North Carolina Licensed Landscape Contractor Number 0046 nttps//ncielb.com!) North Carolina Licensed Irrigation Contractor Number 1305 ntps/w.ndb.orl            0a  U    0  2        (9.)  TOWN OF BERMUDA RUN RESOLUTION NUMBER: 2022-01 Support for NCDOT Contingency Funds For NC 801 Improvements at US1 158  A motion was made by, Hea-ther Glemapand seconded by  for the adopted:  MeliaSzeliga  adoption of the following Resolution and upon being put to a vote was duly Whereas, Strategy 8.2 oft the 2017' Town of] Bermuda Run Comprehensive Plan states, "Work with. Davie County, NCDOI, and the MPO to implement recommendations ofthe 2016 Transportation Feasibility Study including the US158 and NC801 intersection Whereas, NC801 was widened to multi-lanes north ofUS 158 as part ofthe I-40 Whereas, The limits oft the multi-lane widening stopped ati the US 158/NC 801 Whereas, This created an unforeseen issue with the northbound NC 801 through- movement by requiring motorists to shift over two (2) lanes to access I-40; and Whereas, Because the adjacent right-turn lane lines up with a through-lane on the opposite side, northbound vehicles often ignore the right-turn only requirements and go straight across creating a side-swipe crash issue ini the intersection; and Whereas, The addition ofa ai right-turn lane will allow the existing right-turn lane to be converted to ai through-lane movement, which would alleviate this safety issue; and Whereas, The new: right-turn lane will also help alleviate congestion on northbound NC 801, since: right-turn traffic will be allowed to turn: right under aj protected green arrow Whereas, All oft this will improve the overall operation ofthis critical intersection. NOW, THEREFORE, BE: ITI RESOLVED, by the Bermuda Run' Town Council, at its annual planning meeting held on February 1, 2022, that it unanimously supports the request for allocation of contingency funds necessary for NCDOT to complete this  improvements and new. Baltimore. Road. Interchange"; and  Interchange Project; and Intersection; and  when left-turn traffic from US 1581 is given a green light; and  critical intersection improvement project.  /Rick  Dibe Cross, Mayor  Emhe Cindy Poe,own Clerk  Resolution: 2022-01 Support forl NCDOT Contingency Funds forl NC8 8011 Improvements atl US 158