PROPOSED AGENDA Bermuda Run Town Council Meeting Tuesday, September 13, 2022 136 Medical Drive, Calvary West Mission: "The Town of Bermuda. Run exists to) provide core public services that enhance the quality oflife fori its residents and an environment for the business BERM 6:00PM community to thrive". 1. Call to Order 2. Pledge of Allegiance 3. Moment of Silence "Ttis the intent oft tbe Town Council to solemmize tbe proceedings of this meeting and tbe business bronght before tbe governing board, to offer the opportunity for a reflective moment ofs silence. > 4. Town of Bermuda Run Code of Ethics Statement-Town Attorney Brian Williams 5. Adoption of the Agenda Motion: Second: In Favor: Opposed: Approval of the. August 9, 2022, Town Council Meeting Minutes Motion: 7. Citizens' Comments 8. Proposed Action Items Second: Inl Favor: Opposed: A. Public Hearing: Zoning Map Amendment 2022-05. RLM Development, LLC (Home Urban) has applied to rezone a 19-acre portion of a tract of land totaling approximately 64.7 acres from Commercial Mixed (CM), WS-IV Yadkin River Watershed (WS-IV) to Village Mixed Conditional District, WS-IV Yadkin River Watershed (VM-CD, WS-IV). The subject property is behind 196 and 190 NC HWY 801 N and is further described as aj portion of parcel of the Davie County Tax Map C800000001. A 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: 9. Town Manager Report/Comments 10. Council / Mayor Comments 11. Adjourn Motion: Second: Inl Favor: Opposed: Town of Bermuda Run Town Council Meeting Minutes August 9, 2022 = 6:00 PM The Town Council of] Bermuda Run held its scheduled meeting on Tuesday, August 9, 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 Andrew Meadwell, Town Manager; Cindy Poe, Town Clerk; and Brian Williams, Town Attorney Mayor Rick Cross called the meeting to order. Iti is the intent oft the Town Council to solemnize the proceedings oft this meeting and the business brought before the governing board, to offer the opportunityfor ai reflective moment ofsilence. Council. Member Melinda Szeliga made ai motion to approve the agenda. Council. Member. Heather Coleman seconded the motion. The motion was approved by a vote offive (5) inf favor and none Adoption of the Agenda opposed. Approval of the July 12,2022 Town Council Meeting Minutes Council. Member. Mike. Brannon made ai motion to approve the. July 12, 2022 meeting minutes. Council Member Heather Coleman seconded the motion. The motion was approved by a vote offive (5) infavor and none opposed. Citizens' Comments for high-density apartments: Lennie Ring 125 Kilbourne Drive Mary Dixon - 120 Kilbourne Drive Paul Dixon - 120 Kilbourne Drive Patricia Williams - 124 Parkview) Lane Jim Fulghum - 357 Town Park Drive Resolution to Further Endorse Code of] Ethics The following Kinderton Village residents spoke in opposition to the Homes Urban rezoning request Town of] Bermuda Run Code of] Ethics provides those public officials be independent, impartial, and responsible to the public; those governmental decisions and policy be made in proper channels ofthe governmental structure; that public office not be used for personal gain, and that the public have confidence in the integrity ofits government. In recognition oft these goals and in keeping with the ethical standards ofo conduct for town public officials, disclosure ofinterest in legislative action must be stated for the public record. The: mayor or any member oft the town council who has an interest in any official act or action before the council shall publicly disclose on the: record oft the council the nature and extent of such interest, and shall withdraw from any consideration oft the matter if excused by the The purpose ofthis Resolution: is to further establish guidelines for ethical standards of conduct for the Council Member Mike Ernst made ai motion to approve the resolution as presented. Council. Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) infavor and none council pursuant to G.S. 160A-75. Town Council of Bermuda. Run including a conflict-of-interest statement. opposed. Resolution of] Intent to Close Peachtree Lane Ext. (Winmock Road) The Town ofl Bermuda Run has received ai request from Ariston Place LLC to permanently close Peachtree. Lane Extension (Winmock Road) as part oft the Ariston development project. The Town Council may adopt a resolution to declare its intent to close the street and call for a Public Hearing on Council. Member. Heather Coleman made ai motion to approve the resolution as presented andi to set a public hearing, for September 13 on the matter. Council. Member. Mike Brannon seconded: the motion. the question on September 13, 2022. The motion was approved by a vote offive (5) infavor and none opposed. Town Manager Report/Comments Town Manager Andrew Meadwell reported on the following: Emergency Access to RISE: is 75% complete and should be finalized in the next few weeks. American Rescue Plan funds totaling $863,351.88 have been teceived - used toward the Blue Homes Urban has made application for conditional rezoning with Davie County Development and Houses on Hwy. 801 were: moved on Sunday without incident as part of Ariston Place ptoject. Decommissioning oft the Waste Water Treatment Plant Regulations against short-term rentals (VRBO, Air B&B, etc.) Heron Trail project. Facility Services. *Planning Board Meeting on. August 17at3 3 pm Hubbard Building to be used for training exercise for fire departments. Council/Town Manager/Mayor Comments Heather Coleman - Thanked everyone in attendance, adding that she appreciates the consistent engagement, from. Kinderton Village residents regarding the rezoning request. Urged everyone to be Mike. Brannon - Thanked residents for their energy. The emails, phone calls, etc. are key part oft the Melinda Szeliga - Stated that she strives to reply to emails and that being acknowledged is important. Curtis Capps - Echoed statements from other Council Members. Recognized Officer Mike Foster who Mike Ernst - The Council hears what the residents are. saying and understands their concerns. The Council represents the entire Town of Bermuda. Run and has to look at all aspects ofeach topic brought to their attention. Appreciates the good turnout and, shared points ofview and would like for positive, stating that we' 're all part ofo one community. process. Assured: residents that the Council is listening. was in attendance. the meeting room to bej full each meeting. Mayor. Rick Cross - Recognized Chief Howard of the Smith Grove Fire Department, Davie County Commissioner Spoke ofrecent attendance at the. Kinderton Village meetings; adding that he enjoys spending time with residents. Wants to continue level ofe engagement. It's OUR town and we expect to be Benita Finney, and Community Officer Mike Foster. held accountable. Special mention -1 former Mocksville Mayor. Dr. Francis Slate 100th Birthday. Wished. Andrew. Meadwell. Happy Birthday. Adjourn none opposed. Approved With noj further business to discuss, Council Member. Mike Ernst made a motion to adjourn. Council Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) infavor and Respectfully Submitted Rick Cross, Mayor Cindy Poe, Town Clerk TO: FROM: DATE: RE: Town Council Planning Staff September 13, 2022 BERMUD ZMA 2022-05 RLM Development, LLC LREQUEST To rezone a 22.5 acre portion of a tract of land totaling approximately 64.7 acres from Commercial Mixed (CM) and WS-IV Yadkin River Watershed to Village Mixed Conditional District (VM-CD), WS-IV The property is located to the rear of 196 and 190 NC HWY 801 N, off the ring road in the Lowes Foods Yadkin River Watershed. II. PROJECT LOCATION shopping center. II. PROJECT PROFILE DAVIE COUNTY PARCEL NUMBER: C800000001 ZONING DISTRICT: Commercial Mixed (CM) LAND USE PLAN: Village Residential WATERSHED: WS-IV watershed CROSS REFERENCE FILES: N/A REQUESTED DISTRICT: Village Mixed Conditional District (VM-CD) APPLICANT: RLM Development, LLC (Homes Urban) PROPERTY OWNER: Hillsdale Group, LLC PROPERTY SIZE: 22.5 acre (portion) of6 64.7 acres. CURRENTLAND USE: Vacant. PROPOSED LAND USE: Multi Family development IV. PROJECT SETTING- SURROUNDING ZONING DISTRICTS AND LAND USES DIRECTION LAND USE ZONING CM, RM CM, RM CM North West South East Commercial, Residential-Knderton Village Residental-Pnewood Lane, 1-40 Commercial, Lowes Foods Shopping Center Commercial- -State Employees Credit Union & Residential-CM, RM Kinderton Village ZMA: 2022-05 9/13/22 TCI Meeting Date Page Rezoning Request site is 22.5acres. Existing Zoning: The applicant RLM Development, LLC: requests a rezoning from CM Commercial Mixed and to VM-CD Village Mixed Conditional District in order to develop thej property for multifamily. The Multi Family is a permitted use in both the CM and VM: zoning districts. 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. Requested Zoning: Village Mixed. District (VMand 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. For your reference, the Zoning Ordinance places a cap on the number of units located within the all zoning districts in Section 9.49. These are allocated on ai first come, first served basis: 9.49 Residential, Multi-Family (A) The maximum number of multi-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 of adoption oft this subsection (November 10, 2015): Maximum per Acre (DUA) 3 4 8 8 15 15 n/a Maximum % ofMulti- family dwelling units dwelling 10 10 20 20 20 20 n/a Maximum Multi-family units 140 392 664 745 780 735 3,456 Zoning Total Dwelling Units Maximum District Acres OS 468 CR 980 RM 415 CM 466 VM 260 GB 245 Total 2,834 Total Units 1,404 3,920 3,320 3,728 3,900 3,675 19,982 Presently, 401 units have been approved for the VM zoning district and this table is scheduled to be updated in May. ZMA 2022-05 9/13/22 TCI Meeting Date Page 2 V.ZONING MAP 308 SE OS 057 49 133 EAB EA6 960 d6 OE 0B456 (K6 157 EA 39 030 451 Z0B S51 005 3 940 548 S4 Z8 40 287 a0 134 238 23 9E 35 026 96 227 EE 017 0s 919 EA6 E 3 030 E 23 067 04 207 208 963. 245 256 155 103 0232 86 244 223 ZE 86 83 120 78 134 251 207 25 59 99 098 36) W7 120 124928 183 Z 1Z 1 908 173 93 028 433 949 065 165063 430 136 287 277 235 207 RM CM Z70 956 RM 7 489 939 (53 027 056 030 24 58 9 31 097 23 125 090 165 9 903 AZ 160 908 988 205 004 199 1E0,9E69 00 475 986 992 206 2OSE7 927 130 23 922 ZA 420 9A 202 GLEN q0B 906 456 109 955 119 17 235 004N Zoz 066 169 139 939 286., 258 252-250 248 246 244-242 240-4238 CM 260. 45 40 132 $66 978 465 67 090 7 183 165 1S 08) 196 218 136 46 5403 5391,445405 5385. 5387 CM 5361 5337 455 VM 126 5289 5287 5285 5283, 5277,+5279 427 CR GB ZMA-2022-04 DE avcEs 310 620Fee ZMA: 2022-05 9/13/22 TCI Meeting Date Page 3 VI. AERIAL MAP 5287 5277.4527 ZMA-2022-04 DAMECOUNTY MCEE 620Fact ZMA: 2022-05 9/13/227 TCI Meeting Date Page 4 VII. FUTURE LAND USE MAP Thel luturel landu user mape depictst the proposed configuralions ofl Ihel Town's development. LANDUSE CLASSIRCATION Open Spoce/Recredtonal 662.55 Rural Residentiol Club Residential Viage Residentiol Mixed Use Center Crossroads Commercial Enterprise Center ACRES 364.87 492.85 467.30 180.69 256.54 227.98 TOTAL 2,653 25.05 13.8% 18.6% 17.6% 6.87 9.7% 8.65 Opens Space /Recreation Rura! Residenlia! ClubF Residential Vilage Residential Mixed Use Center Crossroads Commercial Enterprise Center Town! Boundary Plonning Area Boundary Roads 0aea Proposedl Interchange Woter Feature 0.5MILE ZMA: 2022-05 9/13/22 TCI Meeting Date Page 5 VIII. Town of Bermuda Run Comprehensive Plan The subject property is designated as Village Residential on the Future Land Use Map in the Comprehensive Plan. The Plan states that this land use classification is "This land use classification is primarily intended for mixed residential developments that include a variety of housing types and incorporate open space and recreational opportunities for use by the residents. Village Residential areas are located in close proximity to mixed use and commercial areas and are connected to these areas by pedestrian and/or bicycle facilities. Kinderton Village is an existing Village Residential development that is nearly built out. " Strategies within the Comprehensive Plan include: 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 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 and services. desired by current residents. development, helping to ensure architectural compatibility and cohesiveness. feasible. IX. Issues to Consider In considering any petition to reclassify property the Planning Board in its recommendation and the Town Council in its decision shall consider all of the following: 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 ini 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 d) Whether the proposed reclassification will adversely affect a known archaeological, objectives, and policies of adopted plans for the area. systems, water supplies, and wastewater and refuse disposal. environmental, historical, or cultural resource. X. Draft Conditions Council: The Planning Board recommends and proposes the following conditions to improve consistency with the Comprehensive Plan should the Board choose to recommend approval to the Town 1. The number ofr residential multifamily units on the property will be limited to 270. Page 6 of8 2. Stormwater detention facilities willl bej provided on-site to provide water quality treatment for Built Upon Areas and peak flow attenuation for the development area. Water Quality treatment will be provided for the 1-inch water quality volume, in accordance with the NCDEQ BMP Manual. Peak flow attenuation will bej provided for the 2-year and 10-year 3. A community amenity area comprising of a clubhouse and swimming pool will be 4. The community clubhouse will be oriented to face Ring Road (depicted on the included 5. As allowed by government authorities, the community's secondary entrance at Old Towne Drive will be sited to the western part of the property (depicted on the included 6. A3 30-foot buffer will be provided along Old Town Drive and will be left in a natural undisturbed state, with the exception of the project entrance connecting to Old Town Drive or any required utility crossings (depicted on the included site plan as. Buffer 1). 7. A 30-foot buffer along the eastern property line running parallel with Brookstone Drive will be provided and it will be left in a natural undisturbed state with the exception ofany required utility crossings. In addition, a 20-foot planted buffer area will be provided to create at total buffer of50: feet (depicted on the included site plan as Buffer 2). 8. A3 30-foot buffer along the eastern property line near Pinewood Lane will be left in a natural undisturbed state with the exception of any required utility crossings (depicted on 9. Residential multifamily Building 1 will be located at least 250 feet from Old Towne Drive and at least 75 feet from the nearest single-family residential property line 10. All: residential multifamily buildings, with the exception of Building 1, will be located at least 150 feet from the nearest single-family residential property line (depicted on the 24-hour storm events to meet pre-development flow rates. provided for the multifamily residents. site plan) site plan). the include site plan as Buffer: 3). (depicted on the included site plan). included site plan). XII. Planning Board Recommendation draft Planning Board meeting minutes. The Planning Board heard the request at their August 17th meeting and voted to recommend denial of the request with a vote of five in favor and one opposed (5-1). Please see the attached XII. Board. Action Following the public hearing, the Council is requested to take action following a motion and a Recommend Approval with Conditions: The Board finds that the proposed conditional rezoning is consistent with the Town of Bermuda Run Comprehensive Plan policies, specifically the objective to encourage managed growth and development that is compatible with the Town's character, surrounding land uses and available infrastructure and to support residential growth to attract additional retail and service amenities desired by current Therefore, we find this zoning amendment is reasonable and in the public interest because it supports the Comprehensive Plan policies and maps above and because the site is designated on the Future Land Use Map Village Residential that is primarily intended for mixed residential developments that include a variety of housing types and the site is located 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 second for one oft the items below: residents. between an employment node, commercial and residential uses. Page 7of8 the public interest. That the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. Defer: The amendment needs additional consideration. Attachments: Application Boundary survey Labels & map of notified property owners Page 8 of8 ERMUD TOWN OF BERMUDA RUN 1201 Kinderton Blvd., Suite 100- Bermuda Run, NC 27006- Phone 336-998-0906* Fax. 336-998-7209 Land Development. Application-Plas-tle out completely, or application will notl bej processed. (updated 1/10/13) Caset #: Board] Review. Items: Rezoning (Map Amendment) Standard! Rezoning Conditional. District) Rezoning Text Amendment Special Usel Permit Design Waiver: Other:_ 1. Application' Type Subdivision: Major-Subdivision Sketch Plan Preliminaryl Plat Construction! Plans Finall Plat Minor Subdivision Finall Plat Site Plans: Level II Sitel Plan Fee J Fee D D D D D 0 D X $1,100 D D D D Fee Total_ $1,100 2. Project Information Date of Application_ 7/18/2022 Name ofProject Kinderton Multifamily Phase#_ Location Bermuda Run Current Land Use Vacant Land Property Size (aƧres) 19 #ofUnits (residential). 270 Current Zoning Commercial Mixed (CM) Proposed: Zoning Village Mixed Use (VM) with conditions Proposed Land Use_ Multifamily Residential Tax Parcel Number(s) A portion of Pin # 5872662604 3. Contact Information Developer Developer Address 843-860-5676 Telephone Signature Seamon Whiteside Agent (Registered Engineer, Designer, Surveyor, etc.) 230 E Peterson Drive, Suite B Address Charlotte, NC 28217 City, State Zip 980-312-5450 Signature" AT RLMI Development LLC (doing business as Homes Urban); Contact: Robert Morgan 988 Equestrian Drive, Mount Pleasant, SC 29464 City, State Zip Fax robert.morgan@homesurban.com Pk Robert Morgan Print) Name 07/18/2022 Date Hillsdale Group, LLC Property Owner 600 Hwy 801S Address Advance, NC 27006 City, State Zip 336-413-9519 R Page 1of2 Fax Trey Little, PE 7/28/22 Print Name Date Fax SLGuzbalpt Name Pria /Datel 4.Description of Project a. Briefly explain ther nature of this request: Please see attached b. For AIl Text Amendments: State the section(s) of the Zoning or Subdivision Ordinance you wish to amend and attach the C. For AII Rezonings and' Text Amendments: Provide a statement regarding the consistency oft thisi request with the proposed text change. Section (s): Please see attached ofthe_ Ordinance. Comprehensive Plan and thes surrounding land uses. d. For Conditional District Rezonings: Provide a statement: regarding thei reasonableness oft the rezoning request. Please see attached e. For Special Use) Permits: Please also fill out the supplemental form: for Special Usel Permits. Staff Use Only: Date. Application Received: Received By: Fee Paid: $ Case #: Notes: Page2 of2 Kinderton Multifamily Rezoning Application 4(a). - Briefly explain the nature of this request: RLM Development (doing business as Homes Urban) respectfully asks the Town of Bermuda Run to consider rezoning a portion of PIN #5872662604 from Commercial Mixed (CM) to Village Mixed Use (VM) with conditions. The site is currently vacant land located behind the Lowes Foods anchored retail center (Kinderton Place) on NC Highway 801. The site can be accessed via two locations: the Kinderton Place Center and Old Towne Drive. The reason for this request is our interest in constructing a Class A 4(c) - For all rezonings and text amendment: Provide a statement regarding the consistency ofthis request with the Comprenensive Plan and the surrounding land The surrounding land uses toi the site are Kinderton Place toi the east, Interstate 40 to the south, and Kinderton Village to the north and east. Kinderton Place is a grocery store anchored retail center with outparcels which contain restaurants, a hotel, a fuel station, and other uses. Within Kinderton Place, the uses directly facing the proposed multifamily community are the rear of the grocery strip center, a Hampton Inn, and a La Carreta Restaurant. Uses abutting the proposed multifamily community in Kinderton Village include townhomes, single family homes, ponds, and 8-plex housing units. The multifamily community will be separated from Kinderton Place by an existing Duke power easement and separated from directly abutting the vast majority of Kinderton Village by a homeowner's association owned buffer that exceeds 100 feet in most instances. The original Kinderton Village master plan shows the use of the proposed multifamily community as an office park. While this use could still be a viable development option, the proposed multifamily community will be a better land-use transition between the intensely trafficked retail center and the Kinderton Village residential neighborhood. Transitioning from the grocery-anchored shopping center, to the moderate density of an multifamily residential community, to the primarily single-family Kinderton Village neighborhood is a widely accepted land-use planning strategy. In addition, the original Kinderton Village land-use plan contained multifamily housing within its bounds. From an aesthetic standpoint, an impervious soil standpoint, and a traffic standpoint, the proposed multifamily housing use is a more appropriate and less intensive adjacent use to Kinderton Village than office, medical office, or shopping center (which are all uses With respect to the Bermuda Run Comprehensive Plan and Future Land Use Map that were adopted in 2017, this multifamily residential community will provide an additional type of housing that is in demand but not readily available. This project will provide more residents in the Town of Bermuda Run which will drive additional demand for retail and service amenities. Since several retail and service amenities are walkable to the multifamily rental community on the site. uses. allowed under the current CM zoning). multifamily residential community, our residents will be able to walk or bike to them and avoid using their automobiles. Filling ini this missing gapi in Kinderton' Village witha aVillage Residential use per the Comprehensive Plan will finalize the original intent of the masterplan to have a walkable community with diverse housing types accessible to retail Specific policies and goals contained in the Comprehensive Plan that will be met once Strategy 1.1 - "Embrace the unique character of areas of the Town while tying them together with unifying architectural elements, signage, landscaping, pedestrian connections, vehicular connections, and geographic nomenclature." The multifamily residential community will provide an appropriate intermediate land-use between Kinderton Place and Kinderton Village that will fill this void within the community using connectivity and contextual architecture. The land use from retail center, to multifamily residential housing, to single family housing will reinforce the planned village atmosphere, and "embrace smal-town charm" as Objective 1 states. 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 The Future Land Use Map calls for Village Residential for this site. Village Residential is "intended for mixed residential developments that include a variety of housing types and incorporate open space and recreational opportunities for use by the residents." - Village Mixed Use zoning fori this site will accomplish several components of this strategy. Itwill allow multifamily residential development to occur where infrastructure and services are readily available. Itwill create another type of housing that is not available int the Kinderton Village community or north of Interstate-40 in Bermuda Run r rental multifamily housing. Finally, the site will be walkable to existing services and will contain an internal pedestrian network as well as multiple Strategy 3.2 - "Support residential growth to attract the additional retail and The development of this site under the proposed Village Mixed Use will provide a population boost to the north side of Interstate 40 and will create support for existing retail and services, while also increasing demand for new retail and new services. With infrastructure improvements in place along NC Highway 801, this is an appropriate area for both residential and Strategy 3.3 = "Continue to work with Davie County Economic Development Commission (EDC) to facilitate business retention and the development, redevelopment, or reuse of vacant properties, including participation in road The intended housing type will diversify the Town's housing stock allowing more people to live closet to where theywork. Itis critical as new businesses and service amenities. this site is zoned VM include: uses, and available infrastructure and services." recreational activities for its residents. service amenities desired by current residents." retail growth to occur. infrastructure improvements." consider locating in Bermuda Run that a diverse array of housing options Strategy 4.2 - "Utilize building prototype designs to guide new infill and master- planned development, helping to ensure architectural compatibility and Great sensitivity will be provided to ensure that the site design and vertical architectural design are contextual and additive to the neighboring Kinderton Village community and, collectively, the Town of Bermuda Run. The designs will be consistent with the goals noted in the Comprehensive Objective 10 = "Become a recognized center of excellence for medical services, Similar to Strategy 3.3, with the desire to support Wake Forest Baptist Health and create an "innovative enterprise business zone," convenient housing options need to be available for these businesses to prosper and expand. Furthermore, a walkable/bikeable housing option for Wake Forest Baptist Health employees will provide a healthy and alternative mode of are readily available. cohesiveness." Plan. and attract business entrepreneurship. transportation to their workplace. 4(d) - For conditional district rezonings: Provide a statement regarding the The original vision of Kinderton Village was a neo traditional mixed-use community where avariety of housing types are complimented by walkable retail, services, and businesses. The vision is nearly fulfilled with the exception of this 22.5-acre site behind Kinderton Place. While the site was initially planned as an office park, the current zoning allows for ar multitude of uses under the Commercial Mixed (CM) designation including multifamily housing. The existing infrastructure, including roads, stormwater, water & sewer, and public schools, were designed and constructed to include a major development on this Roads (NCDOT) = current roads and roadway infrastructure were designed to include a more vehicle-intensive use (office park) for this site than what is being Stormwater - the existing pond/drainage system was designed and built to accommodate 70% impervious development of this site. The proposed multifamily Schools - public schools that this site are zoned for have adequate capacity and reasonableness of the rezoning request. tract of land. With respect toi this: proposed. residential community is roughly 50% impervious. Water & sewer = available at the site. are not overcrowded. While other zoned VM sites exist within Bermuda Run, they are all on the south side of Interstate-40 and most are along US Highway 158. Many oft these sites do not have the infrastructure in place like this proposed project does, nor are many of them walkable to amenities thereby lacking the village-like atmosphere the Comprehensive Plan calls for. Furthermore, Bermuda Run has density caps in-place for multifamily residential housing. As these caps get close to being met, it is critical that diverse housing, per the Comprehensive Plan, be spread throughout Bermuda Run and not solely concentrated CM zoning allows for multifamily housing at a density of 8 units to the acre. Class-A institutionally developed projects typically contain 250+ units for reasons of efficiency, which include the ability to have full time staff and a significant amenity package. Smaller suburban multifamily projects are less amenitized, can be poorly staffed and thereby poorly managed and maintained. The proposed project will provide a highly amenitized community featuring a clubhouse with multiple lounges in addition to a fitness center, resort styled swimming pool, dog park, grilling stations, sidewalks throughout the site, and To conclude, and with respect to this request being reasonable, the size and massing of the buildings proposed already exist within Kinderton Village; significant attention has been paid to responding to resident feedback and major design modifications have been made accordingly (please see conditions for rezoning); the transitory multifamily residential use and density from neighboring commercial to neighboring residential is appropriate; and the original plan contemplated for a neo traditional village is being along the US Highway 158 corridor. garage buildings. realized. The following conditions are proposed: The conditions presented below were derived based on extensive feedback from the Kinderton Village HOA leadership and Kinderton Village residents. Several sessions were held in order to get constructive feedback. Multiple site plans have been developed internally and three site plans were presented to the Kinderton Village residents between April and July oft this year. The community feedback has been extremely helpful and has 1. The number of residential multifamily units on the property will be limited to 270 2. Stormwater detention facilities will be provided on-site to provide water quality treatment for Built Upon Areas and peak flow attenuation fort the development area. Water Quality treatment will be provided for the 1-inch water quality volume, in accordance with the NCDEQ BMP Manual. Peak flow attenuation will be provided for the 2-year and 10-year 24-hour storm events to meet pre-development flow 3. A community amenity area comprising of a clubhouse and swimming pool will be 4. The community clubhouse will be oriented to face Ring Road (depicted on the 5. As allowed by government authorities, the community's secondary entrance at Old Towne Drive will be sited to the western part of the property (depicted on the 6. A30-foot buffer will be provided along Old Towne Drive and will be left in a natural undisturbed state, with the exception of the project entrance connecting to Old Towne Drive or any required utility crossings (depicted on the included site plan as 7. A 30-foot buffer along the eastern property line running parallel with Brookstone Drive will be provided and it will be left in a natural undisturbed state with the exception of any required utility crossings. In addition, a 20-foot planted buffer area will be provided to create a total buffer of 50 feet (depicted on the included site 8. A3 30-foot buffer along the eastern property line near Pinewood Lane will be left in a natural undisturbed state with the exception of any required utility crossings 9. Residentialn multifamily Building 1 will be located at least 250 feet from Old Towne Drive and at least 75 feet from the nearest single-family residential property line 10.All residential multifamily buildings, with the exception of Building 1, will be located at least 150 feet from the nearest single-family residential property line (depicted improved site plan development over the past fourr months. rates. provided for the multifamily residents included site plan) included site plan) Buffer 1) plan as Buffer 2) (depicted on the included site plan as Buffer 3) (depicted on the included site plan) on the included site plan) a A 3 L a 3 Hu3 ITgC TA 000 & DDD JDE JD3 LO 9 D TT 3DD B DBD 3 C Z 3 DO 6 DDD DD 6 a JJ Z V ECO L & 0D0 000 a 000 LO 9 a 888 000 TTA 1 & 000 3 9 - V B 000 B0E DD ONENO DI Enos EE N G 081X LAKESIDE (CRSG 5S COMMERCE DR NT MIIAMHVO BoV AL U GHAETMA INIMOVA ALLWALKERLN: 1o 390W) Da NOSAVTOS BON G0o YADKIN VALLEY TELEPHONE MEMB PO BOX3 368 YADKINVILLE, NC27055-0000 MECHAM BRENDAB 135 TOWNPARK DRIVE BERMUDA RUN, NC: 27006-0000 WELCHI DONALDB 199 OLDTOWNE DRIVE BERMUDA RUN, NC 27006-8609 BARABE DAVIDJ 247 GRIFFITH! ROAD ADVANCE, NC27006-8731 ROSEBORO LEISHAD 160 TOWNPARK DRIVE BERMUDA RUN, NC: 27006-0000 REAGAN: SUSAN 108 GREENWAY STREET BERMUDA RUN, NC: 27006-0000 JONES JOHNW 118 NORTHFORKEI DRIVE BERMUDAI RUN, NC2 27006-0000 SUN CHAO-HSIN 1141 LAKE POINT DRIVE BERMUDA RUN, NC: 27006-0000 BUTLER ELEANORB 111 AVALON: STREET BERMUDA RUN, NC: 27006-0000 MYERS MICHAELL 148 PINEWOODI LANE BERMUDA RUN, NC: 27006-0000 TOMALLO MELISSA DAWN 189 PINEWOOD LANE UNIT 104 BERMUDA RUN, NC: 27006-0000 WHITE. 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LNUNIT 104 ADVANCE, NC 27006-8643 MEACHUM. AUTUMNLYNN 163 PINEWOODI LN#1 BERMUDAI RUN, NC2 27006-8778 BRIGGS KIMBERLY 165 PINEWOOD! LN BERMUDA RUN, NC: 27006 FORREST, ALVISE 131 CEDARPARKI DR ADVANCE, NC: 27006-7363 TOMPKINS DOUGLASS 157 PINEWOODLN #104 BERMUDA RUN, NC 27006-8789 DAUBENSCHMIDT KURT 1241 NFORKE DR Advance, NC 27006 ESKEWE ELIZABETH 118 SWEETWATER CIR BERMUDA RUN, NC: 27006-8612 AKERS CHARLES CJR 112 GREENWAY: STREET BERMUDA RUN, NC 27006 NESTOR. ANGELAP 124 SYCAMORE PARKLANE BERMUDA RUN, NC: 27006 MORRIS GREGORY KEVIN 141 TOWNI PARK DR BERMUDA RUN, NC 27006-8605 THE CONDOMINIUMS. ATI KINDERTON VILLAGE OWNERS, ASSO %F PRIESTLYANAGEMENT POE Box 4408 GREENSBORO, NC27404 STATE EMPLOYEE'S CREDIT UNION POBOX2 26807 RALEIGH, NC27611-6807 BAITY BONNIEI H 156 BROOKSTONE DR BERMUDA RUN, NC: 27006-8613 STANLEY. 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JAMES A 148 PINEWOODI LN UNIT 101 BERMUDA RUN, NC 27006-8637 JORDAN JAMES PHILIP 1181 LAKEPOINT DR BERMUDA RUN, NC: 27006-8615 LANDRETHI MICHAEL 205 OLDTOWNE DRIVE BERMUDA RUN, NC2 27006 FKHS SFRC2LP %F FIRSTI KEYH HOMES LLC 1850F Parkway PIS SE STE 900 MARIETTA, GA: 30067-8261 YOUNG STEVENL 189 PINEWOODI LNU UNIT 102 BERMUDA RUN, NC: 27006-8796 SHINS SEUNG. AE 164 PINEWOODLANE: #104 BERMUDA RUN, NC: 27006-0000 CLAPHAM BARBARAB 1401 RIVERI ROAD ADVANCE, NC: 27006-7640 LUFFMAN ROBERT 172 PINEWOODI LNUNIT 102 ADVANCE, NC: 27006 ROBERTSON KIMBERLYN 156 PINEWOOD! LANE: #103 BERMUDA RUN, NC: 27006 ALLEGACY FEDERAL CREDIT UNION 1691 WESTBROOK! PLAZA DRIVE WINSTON SALEM, NC 27103 SNYDER. JOHNHJR 178 PINEWOODI LANE UNIT1 102 BERMUDA RUN, NC: 27006-0000 KINDERTON INNL LLC 1500 SYCAMORE ROAD MONTOURSVILLE, PA 17754-0000 JORDANL LAURAR 156 PINEWOODI LANE ADVANCE, NC: 27006 ADVANCE GROUP LLC 2325 SOUTHSTRATFORD: RD WINSTON: SALEM, NC: 27103 GROCE LINDAI WILLIAMS 156 TOWNPARK DRIVE BERMUDA RUN, NC27006 HALL TAMMYS 178 PINEWOODI LANE BERMUDA RUN, NC: 27006-0000 CARTER CRAIGAJR 123 BROOKSTONE DRIVE BERMUDA RUN, NC: 27006 GEYERI ROBERT ROY 118 BROOKSTONE DR ADVANCE, NC27006 Bermuda Run Planning Board/Board of Adjustment Regular Meeting Approved Minutes 3:00 PM Wednesday, April 20, 2022 Call to Order Bermuda Run Town Hall I. Attendee Name Tom Brady Bryan Thompson Lynn Senger Rod Guthrie David Strand Erin Shea Tony Krasienko Title Status Present Present Present Present Absent Absent Present Board Member Alternate Member Vice Chairman Chairman Board Member Regular Member Alternate Member II. Recognition of Quorum The Chairman recognized that a quorum wasi met with five members present. III. Approval ofl Planning Board Amended Agenda The Chairman proposed removing item 8a at the request oft the applicant and moving the public comment period after the introduction ofthe zoning map amendment. RESULT: MOVER: AYES: ABSENT: APPROVED (UNANIMOUS) Lynn Senger Strand, Shea SECONDER: Tom Brady Krasienko, Guthrie, Brady, Thompson, Senger IV. Approval of] Planning Board Minutes--March 16, 2022 RESULT: MOVER: AYES: ABSENT: APPROVED (UNANIMOUS) Tony Krasienko Strand, Shea SECONDER: Lynn Sender Krasienko, Guthrie, Brady, Thompson, Senger V. Permit Reports & Zoning Administrator's Update Permit reports & zoning update were included in the agenda packet for reference and discussion. Bermuda Run Planning Board/Board of Adjustment Page 1 Regular Meeting VI. Town Manager's Update Minutes April 20, 2022 Lee Rollins updated the Board and audience oft the next steps of the zoning process including the April 26th and May 10thTown Council meetings and informed thel Board all emails received on behalf ofZMA 2022-04 have been forwarded to them. VII. Planning Board Cases Zoning Map Amendment 2022-04. RLM Development, LLC (Home Urban) applied to rezone a 22.5 acre portion of a tract of land totaling approximately 64.7 acres from Commercial Mixed (CM), WS-IV Yadkin River Watershed (WS-IV) to Village Mixed, WS-IV Yadkin River Watershed (VM, WS-IV). The subject property is behind 196 and 190 NC HWY 801 N and is further described as aj portion of parcel of the Davie County Tax Map C800000001. Chairman Guthrie opened the public comment period. 1. Robert Morgan, the applicant outlined the request, highlighting compliance with the Comprehensive Plan and Map including offering diverse housing choices and the village residential designation on the Future Land Use Map, the transition from commercial to residential uses on both sides of the subject property, and existing The Board asked questions of the applicant including existing density and the use of multi family, other Village Mixed zoned properties within the town, required amount of parking for 2. Pat Russell, 117 Parkview Lane, spoke in opposition to the request due to traffic concerns, access to Kinderton Village amenities, home values, and the quality of life 3. Paul Dixon, 120 Kilbourne Drive, spoke of concerns of population increase, detrimental impacts to Kinderton Village, existing issues with water runoff and traffic and the current density requirement for the subject property. 4. Matt Hudson, 124 Brookstone Drive, spoke in opposition to the request due to the increase in density and protecting the town's uniqueness. 5. Patricia Williams, 124 Parkview Lane, spoke in opposition due to noise. buffers. amulti family project, and access to the site. ofresidents within Kinderton Village. 6. Melissa Tomallo, 189 Pinewood Lane Unit 104, spoke in opposition due to existing 7. Tina Smith-Goins, 118 Pendleton Drive, spoke about existing water issues and the 8. Matt Carr, 136 Sweetwater Circle, spoke about concerns of designs for multi family 9. Diane Pfundstein, 155 Brookstone Drive, spoke in opposition and submitted a petition featuring 252 signatures of Kinderton Village residents citing concerns of increased density, water runoff, property values, traffic, access to Kinderton Village amenities, 10. Fred Delugas, 109 Sycamore Park Lane, asked questions outside the rezoning request regarding the Blue Heron Trail and the speed limit change on US HWY 158. 11. Sharon Anderson, 134 Millstone Lane, spoke in opposition to the request and provided the Board photos of Kinderton Village citing concerns for the existing neighborhood water runoffa and flooding problems. current zoning approved uses. projects including garden, luxury and retail on bottom floor styles. and impacts to schools. and natural buffers and against the increase in density. Bermuda Run Planning Board/Board of Adjustment Page2 Regular Meeting Minutes April 20, 2022 12. Kim Schutz, 108 Kilbourne Drive, spoke in opposition and requested ai traffic study. 13. Timothy Deegan, 353 Town Park Drive, spoke in opposition citing density, traffic, existing water runoff and flooding problems, and access onto US HWY 801 from the 14.. Angel Jackson, 119 Lakeside Crossing, spoke in opposition due to damage to the ponds, water issues, traffic and access to the Kinderton Village amenities. 15.Lennie Ring, 125 Kilbourne Drive, spoke in opposition citing stormwater issues, lack of compliance with policy 7.1 of the Comprehensive Plan and request for an 16. Herb Schmidt, 136 Brookstone Drive, spoke in opposition due to drainage concerns, home values, existing noise from I-40, high density, and viewshed from Kinderton 17. Mark Pfundstein, 155 Brookstone Drive, represented the master homeowners association for Kinderton Village and spoke in opposition citing home values, traffic, Robert Morgan, the applicant, spoke about the proposed project being similar in type to Comet Apartments, the scale ofl housing types existing within Kinderton Village including townhomes and condos and a desire to work with the community and residents. Chairman Guthrie closed the public comment period and called for ai motion. shopping center. environmental study. Village. runoff, the submitted petition, and past flooding issues. Lynn Senger made a motion to deny with the following statement, the Planning Board finds that the general use zoning map amendment is not consistent with the Town of Bermuda Run Comprehensive Plan because the site is not compatible with surrounding land uses. Therefore, we find this zoning map amendment is unreasonable and not in the public interest because it does not support the Comprehensive Plan policies above and due to the thought and effort put into developing and updating the Town's Zoning Ordinance and the request would result in changes to the Town's dynamic and reasons why people move here. RESULT: MOVER: AYES: NAYS: ABSENT: VIII. Other Business There was none DENIED [4-1] Lynn Senger Guthrie Strand, Shea SECONDER: Bryan Thompson Krasienko, Senger, Thompson, Brady IX. Board Member Comments Bryan' Thompson spoke of previous requests for zoning and text amendments the Planning Board has voted to recommend and encouraged the audience to attend the Town Council meetings. Tony Krasienko spoke in support of the Comprehensive Plan and Ordinances and the need for residential projects and encouraged people to be aware oft their surrounding properties. Bermuda Run Plamning Board/Board of Adjustment Page. 3 Regular Meeting X. Adjournment Minutes April 20, 2022 RESULT: MOVER: AYES: ABSENT: ADJOURNMENT UNANIMOUS) Lynn Senger Strand, Shea SECONDER: Tom Brady Krasienko, Guthrie, Brady, Thompson, Senger Bermuda Run Planning Board/Board of Adjustment Page 4 Bermuda Run Planning Board/Board of Adjustment Regular Meeting Draft Minutes 3:00 PM Wednesday, August17,2022 Bermuda Run Town Hall I. Call to Order Attendee Name Tom Brady Bryan Thompson Lynn Senger Rod Guthrie David Strand Erin Shea Tony Krasienko Title Status Present Absent Present Present Present Present Present Board Member Alternate Member Vice Chairman Chairman Board Member Regular Member Alternate Member II. Recognition of Quorum The Chairman recognized that a quorum was met with five members present. III. Approval of] Planning Board Amended Agenda The Chairman proposed removing item 8a at the request of the applicant and moving the public comment period after the introduction oft the zoning map amendment. RESULT: MOVER: AYES: ABSENT: APPROVED [UNANIMOUS) Lynn Senger SECONDER: Tom Brady Krasienko, Guthrie, Brady, Senger, Strand, Shea Brian Thompson IV. Approval of] Planning Board Minutes- -March 16, 2022 RESULT: MOVER: AYES: ABSENT: APPROVED [UNANIMOUS) Tony Krasienko Brian Thompson SECONDER: Lynn Sender Krasienko, Guthrie, Brady, Strand, Shea V. Permit Reports & Zoning Administrator's Update Permit reports & zoning update were included in the agenda packet for reference and discussion. VI. Town Manager's Update Andrew Meadwell stated that there was no update at this time. Bermuda. Run Planning Board/Board: of Adjustment Page I Regular Meeting VII. Planning Board Cases Minutes August17, 2022 Zoning Map Amendment 2022-04. RLM Development, LLC (Home Urban) applied to rezone a 18.5 acre portion of a tract of land totaling approximately 64.7 acres from Commercial Mixed (CM), WS-IV Yadkin River Watershed (WS-IV) to Village Mixed, WS-IV Yadkin River Watershed (VM, WS-IV) Conditional District. The subject property is behind 196 and 190 NC HWY 801 N and is further described as a portion of parcel of the Davie County Tax Map C800000001. Robert Morgan, the applicant outlined the request, highlighting compliance with the Comprehensive Plan and Map including offering diverse housing choices and the village residential designation on the Future Land Use Map, the transition from commercial to residential uses on both sides of the subject property, and existing The Board asked questions of the applicant including if he had looked at other properties buffers. within the town, the breakdown on the bedroom types for units. Chairman Guthrie opened the public comment period. 1. Chris Bryant made a presentation, spoke in opposition to the request. Density is an issue, the median size of the subdivision will be exceeded. The property should be 2. Jim Fulghum, 117 Parkview Lane, spoke in opposition to the request. Made a presentation showing the visual ofwhat the density would look like. Asked the Board 3. Patricia Williams, 124 Parkview Lane, spoke in opposition due to noise. Plantings and buffers help. She is concerned about the quality of life, runoff, traffic, schools, and 4. Matt Carr, 136 Sweetwater Circle, spoke about concerns oft trees being cut down along I-40 and that the vegetation proposed is not adequate, the density is too much. 5. Charlene Genaway, 150 Brookstone Dr, lived in BR for 13 years, town should 6. Barton Sexton, 185 Kilbourne, likes the small town feel ofBR, need to plan better for 7. Gwynn Thoburn, 103 Rosewalk Lane, against request due to traffic, runoff, cutting of 8. Daniel Terry, 132 Lakepoint DR., sprawl is an issue, runoff, adequacy of the ponds, 9. Lynn Cole, 255 Kilbourne, against request, due to noise, they will not use dog parks, renting is a different mind set, property values will decrease, what is the benefit tol BR. 10. Paul Dixon, 120 Kilbourne Drive, spoke of concerns of population increase, detrimental impacts to Kinderton Village, existing issues with water runoff and traffic limited to 55 units. to vote no on the request. traffic encourage small town atmosphere, quoted Thomas Jefferson. infrastructure, against request. trees, and reduction of property values against request. and the current density requirement for the subject property. Bermuda Run Planning. Board/Board: of Adjustment Page 2 Regular Meeting Minutes August17,2022 11.N Mary Dixon, 120 Kilbourne, Town should stick to current plan, the request will not 12. Lennie Ring, 125 Kilbourne Dr, against the rezoning, land is the last portion of property where townhomes or condos ca be built, the request is double the density 13. Cathy Ring, 125 Kilbourne, apartments not wanted, likely to be sold, maintenance of 14. Timothy Deegan, 353 Town Park Drive, spoke in opposition citing density, traffic, existing water runoff and flooding problems, and access onto US HWY 801 from the 15. Dean Warren, against request, transient homeowners, families do not live in these units, quoted vision statement from town website, asked for board to vote: no. 16. Kim Schutz, 108 Kilbourne Drive, spoke in opposition and: requested at traffic study. Robert Morgan, the applicant, spoke about the proposed project being similar in type to Comet Apartments, the scale of housing types existing within Kinderton Village including townhomes and condos and a desire to work with the community and residents. Chairman Guthrie closed the public comment period and called for a motion. make the Town better, against request. than what was approved, higher density is not needed. the units is an issue-want to vote to deny. shopping center, population increase is to much. Lynn Senger made a motion to deny with the following statement, the Planning Board finds that the amendment is not consistent with The Town of Bermuda Run Comprehensive Plan and does not consider the action reasonable and in the public interest. That the proposal is not consistent with the desired character of the surrounding community and the density will adversely impact the adjacent neighborhoods. RESULT: MOVER: AYES: NAYS: ABSENT: VIII. Other Business There was none DENIED [5-1] Lynn Senger Guthrie Brian Thompson SECONDER: Erin Shea Krasienko, Senger, Brady, Strand, Shea IX. Board Member Comments Lynn Senger thanked Kinderton Village residents for attending and their togetherness and showing the Town what you want Bermuda Run Planning Board/Board of Adjustment Page 3 Regular Meeting X. Adjournment Minutes August" 17, 2022 RESULT: MOVER: AYES: ABSENT: ADJOURNMENT UNANIMOUS) Lynn Senger SECONDER: Tom Brady Krasienko, Guthrie, Brady, Senger Strand, Shea Brian Thompson Bermuda. Run Planning Board/Board: of Adjustment Page 4