BERM  Town of Bermuda Run 120 Kinderton Boulevard, Suite 100 Bermuda Run, NC 27006 Wednesday October 18, 2023, 6:00pm  Planning Board and Board of Adjustment Agenda  1. Call to Order  2. Disclosure of Conflicts of Interest-it is the duty of every Board member to avoid conflicts of interest. Does any Board member have any known conflict ofinterest with respect to any matters on the agenda? If sO, please identify the conflict and refrain from any participation in the matter  involved.  3. Recognition of Quorum 4. Approval of Planning Board Agenda  Motion:  Second:  Inl Favor:  Opposed  5. Approval of Planning Board Minutes  Motion: 6. Citizen Comments 7. Action Items  Second:  Inl Favor:  Opposed  A. Text Amendment 2023-03 Multifamily and Building Height. The Board will consider amendments to Sections 3.2G,3.4, ,3.4E,3.5, and 9.49. A of the Bermuda Run Zoning Following revièw oft the proposed amendments, the Board is requested to make a recommendation Recommendation Approval: The Board finds that the amendments is consistent with goals and objectives oft the' Town of] Bermuda Run Comprehensive Plan and considers the action to Recommend Denial: The Board finds that the amendments is not consistent with the goals and objectives of the Town of Bermuda Run Comprehensive Plan and does not consider the  Ordinance. Planning Board Action  following ai motion and as second for one ofthe items below:  be reasonable and in the public interest. action to be reasonable and in the public interest. Defer: The amendments need additional consideration.  Motion:  Second:  In] Favor:  Opposed  B. Design Waiver 2023-01. The Board will review a design waiver requested by Ann and Ken Rothberg in accordance with Section 11.11 ofthe Zoning Ordinance. The applicant requests to waive portions of5.2(B). Height and Materials and 5.2( (C) Design for fencing within front  property line of 183 Tifton Street.  9. Other Business 10. Board Member Comments 11. Adjournment    Bermuda Run Planning Board/Board of Adjustment  Regular Meeting Draft Minutes 6:00 PM  Wednesday, September 20, 2023  Bermuda Run Town Hall  I.  Call to Order  Attendee Name Tom Brady Tony Krasienko David Strand Leigh Anne Joyce Sharon Anderson Howard Rush  Title  Status Present Present Present Present Present Present  Board Member Board Member Board Member Board Member Board Member Board Member  II. Recognition of Quorum  The Chairman recognized that a quorum was met with members present.  III. Approval of] Planning Board Amended Agenda  RESULT: MOVER: AYES: ABSENT:  APPROVED UNANIMOUS) Tony Krasienko Hines  SECONDER: Tom Brady  Joyce, Brady, Strand, Anderson, Krasienko  IV. Approval of Planning Board Minutes-March 15, 2023  RESULT: MOVER: AYES: ABSENT: V. Public Comment None  APPROVED UNANIMOUS) Davie Strand Hines  SECONDER: Tom Brady  Joyce, Krasienko, Brady, Strand, Anderson  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 and audience oni recent projects occurring in and around  VII. Town Manager's Update  Town.  Bermuda Run Planning Board/Board of Adjustment  Page 1    Regular Meeting  Minutes  September 20, 2023  VII. Review Comprehensive Plan Amendment and Update  The Board reviewed staff report for the amendment to Comprehensive Plan. The Board made a recommendation to approve amendment with Changes: removing 2-acre minimum lot language  ofthe Rural Residential description and to forward onto Town Council.  RESULT: MOVER: AYES: ABSENT:  APPROVED [UNANIMOUS)  Krasienko Hines  SECONDER: Tom Brady  Joyce, Krasienko, Brady, Strand, Anderson,  VIII. Other Business-None IX. Board Member Comments  None. X. Adjournment  RESULT: MOVER: AYES: ABSENT:  ADJOURNMENT [UNANIMOUS  Tom Brady Hines  SECONDER: Sharon Anderson  Krasienko, Joyce Brady, Strand, Strand, Anderson,  Bermuda Run Planning Board/Board of Adjustment  Page 2    ERI  TO: FROM: Date: RE:  Planning Board Town Staff October4 4,2023 Height Text Amendments  TA-2023-03 Multi-family Residential and Building  Basic Information Applicant:  Town of Bermuda Run  Applicable Sections: Chapter 3 Zoning District 3.2-G  Chapter 3 Zoning Districts 3.4 Dimensional Requirements Chapter 3 Zoning Districts 3.4 EI Height Limitations Chapter 3 Zoning Districts 3.5 Table ofUses Chapter 9. Additional Conditions for Certain Uses 9.49(A)  Purpose of Text Amendments Background Information:  After the adoption and publication of the Bermuda Run Comprehensive Plan Town Staff, working with Benchmark Planning, began studying current state ofl land uses and future land uses and ways to bring better alignment with what we heard from residents in the Comprehensive Plan surveys and public input. A focal point oft the group was identifying what qualities, characteristics, uses, activities, or other elements should be replicated ini the Town toi meet the Comprehensive Plan Land Use Goal to "Promote development that is compatible with the Town's character, while preserving environmentally sensitive areas, open As a result of this work the Town is proposing the following amendments regarding multi-family  spaces, and recreational opportunities.  development of the Bermuda Run Zoning Ordinance to: meet this goal:  Remove "multi-family" as permitted use within the General Business Zoning District (3.2) and Reduce maximum building heights in all zoning districts to a maximum of 45 feet and 3 stories Add exception to maximum building heights, per increase ofl foot in height all required setbacks Require Townhomes to be permitted with conditions subject to section 9.49 (3.5) Amend Residential Multi-family maximum number of residential units table by deleting Open  (3.5) (3.4)  are increased by an additional 5 feet linear distance. (3.4. E) Space and General Business districts (9.49A)  The amendments are supported by the following Objectives and strategies of the Bermuda Run Objective 1 Strategy 1.1 Utilize thel Future Land Use Map to guide growth and development that is compatible with the existing characteristics oft the community, surrounding land uses, and available Objective 1-Strategy 1.2) Evaluate the Town's land use regulations and zoning mapi for consistency Objective 3-Strategy 3.2 Continue to utilize building prototype designs to guide new infill and master-planned development, helping to ensure architectural compatibility and cohesiveness Objective 3 Strategy 3.41 Engage the community in conversations: regarding policies and regulations to help maintain unique areas of the Town while unifying architectural elements, signage, landscaping, pedestrian connections, vehicular connections, and geographic nomenclature.  Comprehensive Plan:  infrastructure and services.  with the Comprehensive Plan and update as necessary.    The following Chapters and sections are proposed to be amended. stww  Higligleerele-erdekesdelete-Language that is red and in bold is being added. Chapter. 32 Zoning Districts3.2( (G) General Business District (GB and GB-CD)  (1) Intent  The General Business district is established to accommodate heavy business and light industrial uses on individual tracts of land and within coordinated business/ndustrial parks. The-General Basimes-distictmsy-alamaNeeNeherdemsiv-mtiamiy-residemialase:  Chapter. 32 Zoning Districts 3.4 Dimensional Requirements  Table1 1. General Requirements  District Maximu Minimum Minimum Minimum Maximum  m  Non-  Lot Width Public  Building Height  Residenti Residentia (feet)' all Density ILot size (units per (sq feet)3 acre) 1-3 See section 3.2.(A) 4 8 15 8 15 the underlying district GC-O same as the underlying district  Street Frontage (feet)24 (feet) 25  OS  20,000 120 unless  60-45  ina cluster subdivision see section 3.2.(A) 85 50 25 50 50 same as the underlying district same as the underlying district  CR RM VM CM GB MH-O same as  20,000 none none none none none  25 25 25 25 25 25  60-45 60-45. 60-45 60-45 60-45 same as the underlying district same as the underlying district  none  25  MP-O subject to subject to subject to subject to subject to Condition Conditiona Conditional Condition Conditional standards standards standards standards standards Minimum lot width shall not apply to townhouse developments. No lot width below 60 feet shall have a driveway directly accessing the fronting street. All driveways for lots of less than 601 feet shall access rear-loaded alleyways. No single-family residential building shall exceed 45 feet or two (2) stories plus a walk-out basement and no other building shall exceed five (5) (3) Forareas lying withina a state regulated watershed, maximum residential density and non-residential development built-upon limits shall be as established within the watershed regulations listed in section 10.1 Existing non-residential structures and expansions to those structures shall be beallowed tol build to their current building heights.  all District 1District  District all District District  stories.    Chapter. 3 Zoning Districts 3.5 Table of Uses P RAMICNIAIREALDISTNA S SUPaNLANaAlmSt P/CE PermitifromZoning Administrator; usel musti meet additional conditions S/CF SUPAIATANLNE Snsnstwlsa.ss "E Notpermitted "U'E UEsétemaalyuNene district USES RESIDENTIALUSES Residential, multi-family Residential, townhouse  DISTRICTS  Additional Conditions  RESIDENTIAL 6 a  OVDRLAY MIXBD-USE BUS.  6  S/C S/C U U P/C P/C PIC 9.49 PIC PIC U U P/C P/C  9.49  Chapter 9. Additional Conditions for Certain Uses 9.49: Residential, Multi-Family  (A) The maximum number ofmulti-family and town home residential units per zoning district shall not exceed the percentage shown int the table below oft the maximum number oftotal units based ont the allowable: maximum dwelling units per acre. The: following table shows the calculations based on the total acreage ofe each zoning district at thet time of adoption of  this subsection Nevember-10.2015 (November 2023): Zoning Total Dwelling Units Maximum District Acres per Acre (DUA) Total Units  Maximum 4 8 8 15 n/a  Maximum % of Multi-family dwelling units 10 20 20 20 n/a  Maximum Multi-family dwelling units 406 776 744 858 2,784  CR 1013.8 RM 485.1 CM 465.3 VM 286 Total 2,250  4,055 3,880 3,722 4,290 15,947  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 for each of the  affected zoning districts  Zoning Total oS 468 CR 980 RM 415 CM 466 VM 260 GB 245 Total 2,834  Maximum per-Aere(DUA) 4 8 8 15 15 n/a  Maximu 1,404 3,920 3,320 3,728 3,900 3,675 19,982  Maximum %-of Multi-family dwellingunits 10 10 20 20 20 20 n/a  Maximum Multi-family dwellingunits 140 392 664 745 780 735 3,456  Distriet Aeres Dwelling Units Total-Units    Chapter 3.4 (E) Height Limitation Exceptions  (4) The maximum allowed height may be exceeded to al height of5 501 ft., ifan additional increase of twenty five linear ground foot in each direction for the required front, rear, and side  setbacks.  Planning Board Recommendation  Following review oft the proposed text amendments, the Planning Board is requested to take  action following a motion and a second for one of the items below:  Recommend Approval: The Planning Board finds that the amendments are consistent with the Town of Bermuda Run Comprehensive Plan and considers the action to be reasonable Recommend Approval with changes: The Planning Board finds that the amendments are 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 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  and in the public interest.  public interest.  reasonable and in the public interest.  Defer: The amendments need additional consideration.    1201 Kinderton Boulevard, Suite 100- Bermuda Run, NC 27006 (336)998-0906-) Fax (336)998-7209-  www.townofbr.com  BERMUD  TO: Planning Board FROM: Staff DATE: October 5,2023 RE: Design Waiver 2023-01  Basic Information Location: Zoning: Applicant Request  Applicantts/Owner: Ann & Ken Rothberg  183 Tifton Street Bermuda Run NC: 27006 CR Club Residential  The applicant request a design waiver in accordance with Section 11.11 oft the Zoning Ordinance. The applicant and residents reside along the southern property boundary of the Town of Bermuda Run. The design waiver option is provided as an extension oft the Ordinance Administrator's function to approve development requests that are uses permitted by right within the Table ofUses and meet all other requirements of the Ordinance. In order to encourage creative design and address unique circumstances, these administrative design waivers may be approved by the Planning Board for any of the building or site design standards of Chapter 4, landscaping standards of Chapter 5, exterior lighting standards ofChapter 6, sign standards ofChapter 7, the Gateway Corridor Overlay (GC-0): standards of Section 3.3 (B) and Section 3.4 (Table 2), or pedestrian infrastructure standards, as long as the request meets the The applicant requests 2 waivers from Section 5.2 (B) and 5.2 (C)regarding, materials and design requirements as  specific parameters set forth in Section 11.11.  follows:  5.2 Fences and Walls  (B): Height and Materials Fences and walls shall meet the height and material requirements in the  table below:  CR,RM Districts Front Side & Rear Yards Yards 2fect n/a 3 feet 6fcct black black brick brick stone . composite stucco wood vinyl stone wrought . stucco iron . vinyl . wroughti iron  VM District Front Side & Rear Yards Yards 2fcet n/a 3 feet 6feet black black brick brick stone composite . stone stucco wood vinyl stone wrought stucco iron vinyl wrought iron  CM,GB Districts Front Side & Rear Yards Yards n/a n/a 4feet 81 feet black black brick brick coated chain . vinyl link . wrought composite iron wood stone vinyl wrought iron  Min. Height Max. Height' Permitted  Materials aluminum aluminum  aluminum aluminum aluminum aluminum  1: Unless a higher fence exists on a common property line of an: adjacent lot, inv which case the proposed fence can 2: The following uses may use coated chain link within any zoning district: recreation facilities, public facilities,  be nol higher than that fence utilities.    Aluminum Fence and Brick Columns with  Vinyl Fence and Columns with Decorative Caps  Decorative Caps  Fence with no Visual Breaks  (C) Design  (1) Materials may include a combination of the listed permitted materials for each fence type. (2) Coated chain link fences shall be supplemented with landscaping to the outside oft the fence. 3) Barbed wire on top of chain link fences is permitted for rear yard fences not visible from a (5) Columns shall serve as visual breaks in the fence or wall and shall be incorporated a  Residential front yard fences shall not be opaque.  street in the GB district only. minimum of every 20: feet.  (4) Fences and walls shall incorporate decorative caps.  Request: The applicant requests a waiver from the permitted materials and design listed to include wood without columns/lecorative caps as a permitted fence material. They have stated, "the installed fence ties the existing wood fences on each oft the adjoining property lines and is preferred as it is in similar design  and material.    Board Review  The design waiver parameters in Section 11.11 oft the Zoning Ordinance are proposed for consideration by the Planning Board. The Planning Board shall review the application for a waiver in the context oft the spirit and intent oft the requirements oft this ordinance; existing, proposed, and planned development in the immediate area; similar properties and situations in other areas oft the town'sj jurisdiction; and all other  applicable regulations affecting the property. The Planning Board Action: are: made concerning the proposed design:  No design waiver shall be approved by the Planning Board unless the following general considerations 1. The proposed project represents a design in site and/or architecture which will result in a development that  is equivalent to or superior to that achievable under the applicable regulations,  Approve: Deny: Defer: Approve: Deny: Defer: herein. Approve: Deny: Defer: Approve: Deny: Defer:  2. The proposed project willl be compatible with adjoining property,  3. The proposed project is consistent with the intent ofthis ordinance and substantially meets the requirements  4. The proposed project is consistent with adopted plans and policies oft the Town    DERMUD  TOWN OF BERMUDA RUN  120 Kinderton. Blvd., Suite 100- Bermuda Run, NC 27006 Phone 336-998-0906* Fax. 336-998-7209 Land Development Application-Pleas. fill out completely, or application will not be processed.  (updated 1/6/16)  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 Preliminaryl Plat Construction Plans Final Plat Minor Subdivision Final Plat Sitel Plans: Level II Sitel Plan  Fee  V Fee D D D D D  D D D D a  Fee" Total  2. Project Information  Date of Applicationsept 15,2cName ofProject evce Front ya8 Current Zoning Sunsle Fawlaylone Proposed Zoning MA Current Land Use Sge-hewe Proposed Land Use_ N!  Phase #  Location 183 Tiftow St  Property Size (acres)_ 1o  #ofUnits (residential). /  Tax Parcel Number(s)_ 09060A0024 Let 202 Bewude Zuu Cco  3. Contact Information Developer Developer Address Telephone Signature  Predmenct fevce -c  163 Soulu U.lge Dr Wwstow Selm #C27127  City, State Zip Email  3.36 764 - 1163  bresucailpalad-wce  Breuct Flwekwood  Print Name  Date  N/A  Aun* Kev etwbess 1433 Tiftow 5t elsavce nco 21c06 336993972 kearllerege  Agent (Registered Engineer, Designer, Surveyor, etc.)  Property Owner Address City, State Zip Telephone fukhhl4 Signature Page lof2  Address City, State Zip Telephone Signature  Email Print Name  Email Set152B49  lcel  KeeARIS- Print Name  Date    4.1 Description of Project  a. Briefly explain the nature of this request:  we are CSKVey Fora desieu wcJer Teralewe arecd Soult. There was existinc teuces co both sdes of osF prepuite- W-vckhdd Sawe desisu aw& encoseg out yad clgto  existing tewces proposed text change. Section (s): N/H Comprehensive Plan and thes surrounding land uses.  b. For All Text. Amendments: State the section(s) of the Zoning or Subdivision Ordinance you wish to amend and attach the c.For AlI Rezonings and Text Amendments: Provide a statement regarding the consistency oft thisi request with the  ofthe  Ordinance.  N  d. For Conditional District Rezonings: Provide a statement regarding the reasonableness of the rezoning request.  W!  .For Special Use Permits: Please also fill out thes supplemental form for Special Use Permits.  Staff Use Only:  Date Application Received: Received By: Fee Paid: $ Case #: Notes:  Page 2 of2    Au L   -  00    183 Tifton Street  1  240  262  269 281 239 299  38  280  152  165 1.71  1517 1455  154 62  906  189  2  24  204 210  6 10S 110  208  304 134 36  48 186A 44 154 160s 168  127 141 440 450  365  9914  439  October 10, 2023 Address Driveways Parcels Watershed Strcture  1:4,570  0 0.0375 0.075 0.05 0.1  0.15mi 0.2k km  City Limit  MOCKSVILLE COOLEEMEE BERMUDARUN  Sources: Esri, HERE, Garmin, USGS, Intermap, INCREMENT R_NRCan,