Town of Bermuda Run Town Council Meeting Minutes September 13, 2022- 6:00. PM  The Town Council ofBermuda Run held its scheduled meeting on Tuesday, September 13, 2022 at 6:00 PM. The meeting was held at Calvary. Baptist Church/West Campus, 136. Medical, Drive. Council Members Present: Mayor Rick Cross, Mike Brannon, Curtis Capps, Heather Coleman,  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 of the Town Council to. solemnize the proceedings ofthis meeting and the business brought before the governing board, to offer the opportunityfor ar reflective moment ofsilence. Town of Bermuda Run Code of Ethics Statement - Town Attorney Brian Williams  Adoption of the Agenda  Council Member Mike Ernst made a motion to approve the agenda. Council. Member Curtis Capps seconded the motion. The motion was approved by a vote offive (5) infavor and none opposed. Council Member Melinda Szeliga made a motion to approve the August 9, 2022 meeting minutes. Council Member. Heather Coleman seconded the motion. The motion was approved by a vote offive (5)  Approval oft the August 9, 2022 Town Council Meeting Minutes  infavor and none opposed. Citizens' Comments- -I None  Public Hearing -Zoning Map Amendment 2022-05  RLM Development, LLC (Homes Urban) has applied to rezone a 19-acre portion ofat 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 190NC Hwy 801 N and is further described as a portion of Johnny Easter with Davie County Development and Facilities Services presented the data regarding the Robert Morgan with Homes Urban, Sally McGuire with the Hillsdale Group, and Attorney Hank Van Hoy presented information and data in favor oft the rezoning request. Presentation attached.  parcel oft the Davie County Tax Map C800000001.  rezoning request.    Mayor Rick Cross Opened the Public Hearing  Kinderton Village Residents Speaking in Opposition to the Request (Presentations. Attached):  Chris Bryant - 104 Millstone Lane Chad Hedgepeth - Kinderton Village Barton and Michelle Sexton - 185 Kilbourne Matt Carr- - 136 Sweetwater Circle Lennie Ring - 125 Kilbourne Dean Warren - 263 Old Town Jim Fulgham - 257 Town Park Drive Mark Pfundstein - 155 Brookstone Tim Deegan - 337 Town Park Drive Paul Dixon - 120 Kilbourne Donna Carr - 136 Sweetwater Circle Charlene Genaway - 150 Brookstone Patricia Williams - 124 Parkview Herb Schmidt-1 136. Brookstone Mary Winfrey - 122 Glenmore Lynn Cole - 255 Kilbourne  **Town. Attorney. Brian Williams stated that the Town Council CANNOT discriminate against renters based on the Fair Housing Act after one speaker made comments about renters VS. owners.  Speaking in Favor of] Request:  John Ferguson- - 915 Riverbend Dr. Mayor Rick Cross Closed the Public Hearing Council Member Mike Brannon made ai motion to deny:  "The Bermuda Run Town Council finds the proposed Conditional Use zoning amendment meets the intent ofthe Village Residential designation in that it brings multifamily housing in an area that is primarily. single-family housing, it incorporates open, space andi recreational opportunities) for use by the residents; however, it is not consistent with the Town of Bermuda. Run Comprehensive Plan  because.  1. The proposal does not encourage managed growth and development that is compatible with the existing character ofsurrounding land uses, in that the proposal calls for a density of 2. The proposal does not complement nearby residential and commercial land uses; and 3. The property as currently zoned allows for multifamily housing at 8 dwellings units per acre which is consistent with the Village Residential designation, which calls for a mix of housing  housing that is inconsistent with abutting uses;  types.  Therefore, the Town of Bermuda Run Town Council finds the Conditional Use zoning amendment and conditions is not reasonable and is not in the public interest. The Conditional Use zoning amendment and conditions does not address impacts reasonably associated. by the use and does not allowj for 1. The Conditional Use zoning amendment rezoning would not allow the property to develop in a 2. The Conditional Use zoning amendment rezoning will not encourage compatible development of the property in that higher density will adversely impact the adjacent neighborhoods; and  consistency and compatibility with the adjacent land uses.  way that is consistent with the existing Village Residential uses in the area;    3. The Conditional Use zoning amendment rezoning is not consistent with the desired character of Council. Member Heather Coleman seconded the motion. The motion was approved. by a vote offive (5)  the surrounding community.  infavor and none opposed. Town Manager Comments  Andrew. Meadwell gave an update regarding:  The Blue Heron Trail, Decommissioning ofthe Waste Water Treatment Plant, Ariston Place Apartments, Stop Sign/Stop Bar Replacement Kinderton Village, Road Paving/Striping  Council/Town Manager/Mayor Comments  Mike Brannon - Thanked the Hillsdale Group and. Homes Urbanj for being "class acts" "; thanked Mike Ernst - Urged everyone to attend meetings, vote, and be representative (no one from KVon Council). Personal attacks on "Next Door' could have been avoided; the Council works hardj for ALL ofthe Town ofBermuda. Run and they take their decisions seriously. He is honored to. serve on the Curtis Capps - Shared that the decision tonight was a tough one. He' 's lived in the town for 25 years Melinda Szeliga - Stated that before the meeting tonight, she met with both sides-1 for and against, doing her due diligence in the process. She assured. the attendees that the Council did listen to them. Mayor. Rick Cross - Commended everyone for their commitment to this "difficult and arduous journey". Stressed that he wants to continue to meet with areas oft the entire community. He acknowledged.: Planning Board, Town Staff Homes Urban and Hillsdale Groupf for their professional conduct, and the Town Council who werej fully engaged. Shared that two seats on the Town Council and the Mayor seat will be upfor vote in 2023 - encouraged everyone to vote. Last concert will be on  Kinderton Village residents for their energy and enthusiasm. Heather Coleman - Thanked everyone for their attendance and involvement.  Council.  and wants to keep Bermuda Run on track.  Friday, October 14 at 6:30 pm - Special Occasion. Band.  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