BERM  Town of Bermuda Run 120 Kinderton Boulevard, Suite 100 Bermuda Run, NC 27006 Wednesday May 17,2023, 6:00pm  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  5. Citizen Comments  Permit Reports & Zoning Administrator's Update  7. Town Manager's Update  8. Review Zoning Text AmemdmentTA-2023-01  The Board will: review ai text amendment to Zoning Ordinance Section 10-C-(4) Use  Limitations. 9. Other Business 10. Board Member Comments 11. Adjournment    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Draft Minutes 6:00 PM  Wednesday, March 15, 2023 Call to Order  Bermuda Run Town Hall  I.  Attendee Name Tom Brady Tony Krasienko Rod Guthrie David Strand Leigh Anne Joyce Sharon Anderson Dylan Hines Howard Rush  Title  Status Present Present Present Present Present Present Present Present Present  Board Member Board Member Board Member Chairman Board Member Board Member Board Member Board Member Board Member  II. Recognition of Quorum  The Chairman recognized that a quorum was met with five: members present.  III. Approval of Planning Board Amended Agenda  RESULT: MOVER: AYES: ABSENT:  APPROVED (UNANIMOUS) Krasienko, Guthrie, Brady, Strand,  Tom Brady  SECONDER: David Strand  IV. Approval of Planning Board Minutes--January 18, 2023  RESULT: MOVER: AYES: ABSENT: V. Public Comment None  APPROVED [UNANIMOUS Tony Krasienko  SECONDER: Tom Brady  Krasienko, Guthrie, Brady, Strand, S  VI. Permit Reports & Zoning Administrator's Update  Permit reports & zoning update were included ini the agenda packet for reference and discussion.  Bermuda. Run Planning Board/Board: of Adjustment  Page 1    Regular Meeting VII. Town Manager's Update  Minutes  April 20, 2022  Andrew Meadwell updated the Board and audience on recent projects occurring in and around  Town.  VII. Introduction and Swearing in of] New members.  New Members took oath for Planning Board and Board of Adjustment positions  VIII Other Business  Staff and Chairman Guthrie discussed roles ofnew members and training opportunities.  IX. Board Member Comments  None. X. Adjournment  RESULT: MOVER: AYES: ABSENT:  ADJOURNMENT UNANIMOUS  David Strand  SECONDER: Howard Rush  Krasienko, Guthrie, Brady, Strand, Rush, Strand, Anderson, Hines  Bermuda Run Planning Board/Board of Adjustment  Page 2    DERMUD  1201 Kinderton Boulevard, Suite 100. . Bermuda Run, NC 27006 (336)998-0906- Fax (336)998-7209. www.townofbr.com  TO: Planning Board FROM: Staff DATE: May 8, 2023 RE: ZTA 2023-01  Proposed Text Amendments  The purpose oft this text amendment is to alter the application of the 10/70 provision on sites within the town. The text amendment proposes to remove the eligibility limitation to areas identified on the Future Land Use Map as  Village Residential, Mixed-Use Center, Crossroads Commercial, and Enterprise Center.  Applicable Section(s): Section 10-C (4)ofZoning Ordinance  Background. Information:  Section 15A NCAC02B. .0216 oft the North Carolina Administrative Code states that local governments that do not use the high-density watershed option may allow a maximum of ten percent (10%) oft their watershed area outside of the critical area to be developed with new development projects and expansions to existing development of up to seventy percent (70%) built-upon surface area. This is commonly referred to as the 10/70 option. The remainder of the property, a minimum ofthirty percent (30%), must be maintained as permanent open space or pervious surface. The Town of] Bermuda Run has chosen toi incl lude the 10/70 option in its watershed program as detailed within this Approximately two-thirds ofthe Bermuda Run Planning area is located within the Yadkin River Watershed Protected Area (WS-IV PA). State regulations limit this area to 24% impervious area unless the development is granted a 10- 70 special intensity allocation by the Town Council. This allocation permits development upt to 70% impervious area  section.  for a maximum of 10% oft the watershed. WS IV Watershed Area  *    The adoption of the 2023 Comprehensive Plan and Future Land Use Map has created unintentional inconsistencies and conflicts between the Zoning Ordinance and the Comprehensive Plan. These are identified as: The North Carolina Administrative Code allows for local governments to regulate and apply watershed Thei remaining bulk ofundeveloped property within the WS-IVi is nowi ineligible for consideration ofa 10/70 The Zoning Ordinance explicitly allows Town Council to approve an allocation based on thei following:  provisions for development. allocation.  Enterprise Center has been deleted as ai future land use designation 1)The amount of 10/70 acreage remaining to be allocated. 2) The type and location of development. 3) The type and location ofr required pervious surfaces. 4) Stormwater: impacts. Bermuda Run.  5). Any other factor which the Town Council feels is significant to the development and future of  o Future. Land Use Map 2023 V MAP4 4.1FUTUREL LANDUSE  Open Space /Recreation ClubR Residential Vilage Residential Mixed Use Crosroads Commerciol RuralR Residential TownE Boundary Planning/ Areat Boundary Roads Plannedir Interchange! (2025)  D.SMILE  Bermuda Run Comprehensive Plan Town's updated Comprehensive Plan:  This proposed amendment is related to the following goals, objectives, and/or strategies in the Character & Identity Goal: Cultivate the identity of the Town of Bermuda Run asa charming, walkable small town with al healthy balance of both nature and an attractive built Economic Development & Land Use Goal: Promote al 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 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  environment, offering amenities for both residents and visitors.  opportunities.  available infrastructure and services.    Text Amendment have a strikethrough.  Proposed text amendment for removing Future Land Use designations as basis for site consideration criteria in S 10-C (4) ofthe Zoning Ordinance. The new text will be bold, underlined andi italicized. Deleted text will (4). Use limitations. Sicsaigie-fercomsideseaytawtehe-Pwre-iaméliehap VAlag-Residmiak,"aUieC-mCaGammesiaialamiFatepise-Cemter: Under no circumstances shall any use defined as an adult establishment, pawn shop, telecommunication tower be eligible for the 10/70 provision. Furthermore, the Town, ati its discretion, may choose not to grant a request for increased density under the 10/70 provision for any free-standing single-use commercial establishment not part ofa coordinated development sitei including, but not limited to, gas stations, convenience stores, restaurants, retailers, shopping centers or professional offices or whenever, ini its opinion, the proposed use with increased density would not bei in  the best interest ofthe Town at the location proposed.  Planning Board Action second for one oft thei items below:  Following review oft the proposed text amendments, the Board is requested to take action following a motion and a Recommend Approval: The Board finds that the amendment is consistent with the Town of Bermuda Run 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 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 thej public interest.  Comprehensive Plan and considers the action to be reasonable and int the public interest.  considers the action to be reasonable and in the public interest. Defer: The amendment needs additional consideration.