Town of Bermuda Run 120 Kinderton Boulevard, Suite 100 Bermuda Run, NC 27006 Wednesday January 18, 2023, 3:00pm  Planning Board and Board of Adjustment Agenda  1. Call to Order 2. Recognition of Quorum  3. Approval of Planning Board Agenda  4. Approval of] Planning Board Minutes- - November 16, 2022  5. Citizen Comments  6. Permit Reports & Zoning Administrator's Update  7. Town Manager's Update  8. Update Planning Board Rules and Procedures on meeting times. 9. Review Text Amendment TA-2023-01 Master Plan Overlay  a. Zoning Text Amendment 2023-01. The Board will review a text amendment to  Sections 3.3 (C) to address the review process of district.  10. Other Business 11. Board Member Comments 12. Adjournment    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Minutes 3:00F PM  Wednesday, November 16, 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 Absent  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 four members present.  III. Approval of Planning Board Agenda  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS)  Tom Brady  SECONDER: Lynn Senger  Brady, Guthrie, Strand, Shea, Senger Krasienko, Thompson,  IV. Approval of Planning Board Minutes- February 16, 2022  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS)  Lynn Senger  SECONDER: Tom Brady  Senger, Brady, Guthrie, Strand, Shea Krasienko, 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. Andrew Meadwell updated the Board on the Blue Heron Trail project and Juniper Wastewater  VII. Town Manager's Update Treatment Facility.  Bermuda Run Planning Board/Board of Adjustment  Page 1    Regular Meeting VIII. Planning Board Cases  Minutes  November 16, 2022  Zoning Text Amendment 2022-01. The purpose of this text amendment is to permit with conditions the use of self-storage warehousing in the VM zoning district. It is currently a permitted use within existing buildings in the VM: zoning district. The use is] permitted within the GB zoning district and with conditions within the CM zoning district. The conditions to require the units to be accessed only internally with no visible units from the exterior and prohibiting  outdoor storage ofany kind would also apply to the VM zoning districts. 1.E Brad Chapman, Davie Construction, spoke in favor oft the amendment.  Chairman Guthrie opened the public comment period. Chairman Guthrie closed the public comment period. The Board held discussion on the request  Erin Shea made a motion to approve with the following statement, the Planning Board finds that the proposed text amendment is consistent with the Town of Bermuda Run Comprehensive Plan and considers the action to bei reasonable and in the public interest.  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS  Erin Shea  SECONDER: Tom Brady  Brady, Senger, Guthrie, Strand, Shea Krasienko, Thompson  IX. Comprehensive Plan  Jason Epley presented an update on the Comprehensive Plan; the Board was pleased with the proposed changes and future land use map. The Board agreed that an additional meeting was: not necessary and that they would review a final draft fori formatting and layout and recommend  approval for Town Council review.  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS)  Lynn Senger  SECONDER: Rod Guthrie  Brady, Senger, Guthrie, Strand, Shea Krasienko, Thompson  X. Board Member Comments There was none. Adjournment  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS)  Lynn Senger  SECONDER: Tom Brady  Brady, Senger, Guthrie, Strand, Shea Krasienko, Thompson  Bermuda. Run Planning. Board/Board of Adjustment  Page 2    NORTH CAROLINA  he  Bermuda Run Planning Board  2023 Meeting Schedule  The Planning Board meets on the third Wednesday ofeach month at 6:00 pm in the Conference Room at The Town Hall  unless otherwise noted.  January February March April May June July August September October November December  January 18 (3:00 pm) February 15 March 15 April 19 May 17 June 15 July 19 August 16 September 20 October 18 November 15 December 20    Town of Bermuda Run Planning Board  RULES OF PROCEDURE  I. General Rules  The Planning Board of the Town of Bermuda Run, North Carolina, hereinafter referred to as the "Board," shall be governed by Chapters 160D of the General Statutes of North Carolina and its Ordinance to Adopt Provisions for the Appointment of A Planning Board and Board of Adjustment for the Town of Bermuda Run, North Carolina, adopted by the Town Council on May  10, 2005, and subsequent amendments thereto.  II. Officers and Duties  A. Chair. The Chair shall be elected by the Board from among its members for a one (1) year term of office. A subsequent term of office by the same Board member shall be permitted for a period of one (1) year. The Chair shall decide all matters of order and procedure, subject to these rules, unless directed otherwise by a majority of the Board in session at the time. The Chair shall appoint any committees found necessary to investigate B. Vice-Chair. A Vice-Chair shall be elected by the Board from among its members for a one (1) year term of office. A subsequent term of office by the same Board member shall be permitted for a period of one (1) year. The Vice-Chair shall serve as acting Chait in the absence of the Chair and at such times the Vice-Chair shall have the same powers and duties C.N Method of Election. Annually, at the first regular meeting in the month of July, the Board shall elect a Chair and Vice-Chair. If such a regular meeting is canceled or a quorum lacking, then the election shall be held within 36 days thereafter at a regular or special meeting. The Chair shall call for nominations for Chair which shall be verbal and seconded by Board members. Any number of members may be nominated. The Chair shall close nominations and call for a show of hands on each nominated member unless a member moves that a written and secret ballot be used. This alternative method of election shall be used if such motion passes by a simple majority of all taken, or counted by the Chair in the event of a secret ballot, the Chair shall declare the member who has been elected. A quorum shall be present for election. The newly elected member shall immediately assume the Chair. The same procedure shall be followed for the election of the Vice-Chair. Whenever the office of Chair Or Vice-Chair becomes vacant during the twelve-month term of office, the same procedure shall be used to fill the vacancy when it occurs, provided at least two-thirds D. Secretary. The Town Manager shall serve as Secretary to the Board and may, at theit discretion, delegate any O1 all duties related to such to any staff person. The Secretary,  any matters before the Board or to perform any ofits duties.  as the Chair.  oft the entire membership of the Board is present.    subject to the direction of the Chair and the Board, shall keep all records, shall supervise the correspondence and perform other clerical work of the Board. The Secretary shall insure that minutes of each Board meeting are recorded. These shall include all important facts pertaining to every meeting and hearing, every action by the Board, and all votes of members of the Board upon any resolution or other matter, indicating the names of members absent  ora abstaining from voting.  III. Meetings  A. General. Meetings shall be conducted in accordance with. Article 33C of Chapter 143 of B. Regular meetings. Regular meetings of the Board shall be held at 6:00 PM on the third Wednesday of each month. Regular meetings may be established at some other time at the discretion of the Board. The meetings shall be held at Town Hall or any other location C. Special meetings. Special meetings of the Board may be called at any time by the Chair. Notice of the time and place of special meetings shall be given by the Secretary to each D. Cancellation of meetings. Whenever there is no business for the Board, the Chair may E. Conduct of meetings. Meetings shall be conducted in accordance with Suggested Rules of] Procedure for Small Local Government Boards. The order of business at meetings shall be set by the chair and shall include the following agenda items as appropriate:  the General Statutes ofNorth Carolina.  within the Town or its extraterritorial jurisdiction.  member of the Board at. least 481 hours in advance of any such meeting.  cancel a regular meeting.  (1) Call to order and determination ofa a quorum (2) Approval ofi minutes of previous meetings(s)  (3) Old business (4) New business (5) Reports of committees (6) Town Council report (7) Adjournment  H. Contacts outside meetings. The public meeting is the primary place where petitioners, opponents, and others interested in matters considered by the Board should present information concerning such matters. Contact between interested parties and a Board member outside of public meetings while permitted is only encouraged if such member(s) I.C Quorum Determination. A quorum of the Board shall be a simple majority of the membership. For the purposes of determining a quorum, board membership shall consist  disclose the content of the contact at the next regular meeting.    ofall board: members minus any vacancies or member(s) formally recused by the Board. J.Confict of Interest. If any Board member has a financial interest in a matter before the Board Or any member has the appearance ofa conflict ofinterest regarding a matter before the board, that member shall ask the Chair to be recused from participating in the hearing, discussion, and voting on the matter. Recused members shall vacate their seats while the matter is being considered. No Board member shall accept any gift, meal, or any other thing of value from any party involved in a matter before the Board. Board members should not indicate their positions regarding matters before the body prior to receiving all the information presented at the public meeting. Board members who knowingly violate these conflict of interest requirements shall be removed from the board. Conversely, board members who must request recusal frequently or in such a manner as to disrupt the business oft the Board may be asked to resign theit seat: at the discretion oft the chair. K. Absence and Attendance. It shall be the duty of all Planning Board members to inform the Secretary of any anticipated absence immediately after receipt of the proposed agenda. A regular member who misses three (3) consecutive regulat meetings Or 33% Or more of the regular meetings in a calendar year loses his status as a voting member of the Board until reinstated O1 replaced by the Town Council. Absences due to sickness, death Or other emergencies of like nature shall be regarded as approved absences and shall not affect the member's status on the Board; except that in the event ofal long illness or other such case of L. Resignation. If a member of the Board moves outside the zoning jurisdiction, Or an extraterritorial member becomes a town resident either through relocation Or annexation, that shall constitute a resignation from the Board effective upon the date a replacement is  A quorum shall be present for thel Board to take any official action.  prolonged absence the member may be replaced.  appointed. V. Amendments.  These rules may within the limits allowed by law be amended at any time by an affirmative vote of the majority oft those present, provided a quorum is present and provided that such amendment be presented in writing at a regular or special meeting preceding the meeting at which the vote: is taken.  Amended  Chair  Secretary    DERMUL  TO: FROM: Date: RE:  Planning Board Planning Staff January 12, 2023 ZTA2023-01  Applicable Section(s): Section 3.3 (C) ofZoning Ordinance Proposed Text Amendment and Background Information  The purpose ofthis text amendment is to consider removing the requirement that new development and expansions of20 % or greater shall receive a Conditional District zoning approval.  Master. Plan Overlay MMP-O-Gomaliom-Pile-Reguirement  (1). Intent  The Master Plan Overlay district is established for areas of the Town's jurisdiction for which the Comprehensive Planj provides a conceptual circulation and/or programming plan in order to ensurei that due consideration is given the to the general recommended uses or internal circulation to provide for the orderly development of such area. No-mew-develepmenterepamsiondfosisting-ulding-by Frardhan30K-aalowrwwaNdlreepmasamdspmsispar greaterthan209ememustreelveCométonal-PstmetaPreveHteremevetneoyeHsy-ReRderte-deyelep. During the review ofrequests or development projects within the MP-O Conditional-Distriet due consideration shall be given by the TRC, Planning Board and Town Council to the recommended uses shown ini the conceptual plan set forth in the Comprehensive Plan. Such uses must be permitted by right or as a special use ini the base zoning district requested in accordance with Section 3.5. During the review ofrequests or development projects within the MrOComitom-Dainet due consideration shall be given by the TRC, Planning Board and' Town Council to the general circulation shown ini the conceptual plan set forth in the Comprehensive Plan. Access points onto state-  (2) Permitted uses  (3) Streets, Access Points, and Circulation  maintained roads are subject to NCDOT approval. Bermuda Run Comprehensive Plan Town's Comprehensive Plan:  This proposed amendment is related to the following goals, objectives, and/or strategies in the  Advocate for road capacity and traffic flow improvements Evaluate the effectiveness oft the Master Plan Overlay  Evaluate existing Zoning and Overlay Districts to ensure the character oft the community is Economic Development & Land Use Goal: Promote a healthy and diverse economic base within a sustainable land development pattern that complements the character oft the Town, while preserving environmentally sensitive areas, adequate open space, and recreational OBJECTIVE 5: Provide or support community amenities and events that appeal to residents Strategy 1.1 Embrace the unique character areas ofthe Town while tying them together with unifying architectural elements, signage, landscaping, pedestrian connections, vehicular  maintained.  opportunities. and visitors.  connections, and geographic nomenclature.    Strategy 3.1 Utilize the Future Land Use Map to encourage managed growth and development that is compatible with the Town's character, surrounding land uses, and Strategy 3.2 Support residential growth to attract the additional retail and service amenities  available infrastructure and services. desired by current residents. Planning Board Recommendation  Following review of the proposed text amendments, the Planning Board is requested to take action o Recommend Approval: The Planning Board finds that the amendment is consistent with the Town ofBermuda Run Comprehensive Plan and considers the action to be reasonable and in the E Recommend Approval with changes: The Planning Board finds that the amendment is not fully consistent with the' Town ofl Bermuda Run Comprehensive Plan, but the changes agreed upon will make it fully consistent and considers the action to be reasonable and in the public interest. O Recommend Denial: The Planning 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 the  following ai motion and as second for one oft the items below:  public interest.  public interest.  O Defer: The amendment needs additional consideration.