Town of Bermuda Run
Board of Adjustment Agenda
120 Kinderton Boulevard, Suite 100
Bermuda Run, NC 27006
Wednesday, March 18, 2015, 3:00pm
1. Call to Order
2. Recognition of Quorum
3. Approval of Agenda
4. Board of Adjustment Regular Business
This is a quasi-judicial hearing. All parties that address the Board shall first be sworn in.
SUP 2015-01 Village Green Apartments
Applicant requests the issuance of a Special Use Permit for 80 Multi-family dwelling units within the
Town Center zoning district. All new construction within the Town Center zoning district requires a
Special Use Permit. Location: NC Highway 801 S (adjacent to Bermuda Commons Nursing
Facility) Davie County Parcel Number: portions of D80000002202, D800000020, and
D800000021 Zoning: TC Town Center, GC-O Gateway Corridor Overlay (front only), WS-IV PA
Yadkin River Watershed IV Protected Area (front only)
5. Adjournment
TO:
Board of Adjustment
FROM:
Erin Burris, AICP
DATE:
March 18, 2015
RE:
SUP 2015-01 Village Green Apartments
________________________________________________________________________
Site Information
Applicant:
Property Owner:
Tax Parcels:
Location:
Zoning:
Area:
Proposed Use:
Weaver Kirkland Development
8401 Key Boulevard
Greensboro, NC 27409
Legacy Commercial Properties, LLC
3452 Forestdale Drive
Burlington, NC 27215
portions of D80000002202, D800000020, and D800000021
NC Highway 801 S (adjacent to Bermuda Commons Nursing Facility)
TC Town Center, GC-O Gateway Corridor Overlay (front only),
WSIV-PA Yadkin River Watershed Protected Area (front only)
8.54 acres
80 multi-family residential units
Existing Conditions
The subject property is located off of NC Highway 801 S and is comprised of portions of three
tax parcels. The property is currently zoned TC Town Center. The front portion of the property
is located in the GC-O Gateway Corridor Overlay and the WSIV-PA Yadkin River Watershed
Protected Area.
The surrounding zoning and uses area as follows:
Direction
Zoning
North
TC
East
CR
South
TC
West
CM
Page 1 of 5
Land Use
Vacant, Single-family
residential
Institutional, Open Space,
Single & Multi-family
residential
Institutional, Multi-family
residential
Vacant
Special Use Permit Request
The subject property is located within the Town Center zoning district. Section 3.2 of the
Zoning Ordinance states that all new construction within the Town Center zoning district require
the issuance of a Special Use Permit by the Board of Adjustment. According to Section 3.2, the
Town Center zoning district is “established to encourage the creation of a traditional Town
Center within Bermuda Run. A broad array of uses is expected in a pattern which integrates
shops, restaurants, services, work places, civic uses, educational and religious facilities, and
higher density housing in a compact, pedestrian-oriented environment. The district anchors the
surrounding residential neighborhoods while also serving the broader community. The district is
intended to accommodate a higher overall intensity of development required to support a vital
downtown core.” The proposed use is in keeping with the district’s intent and is a permitted use
within the Town Center zoning district.
The proposed development has 80 multi-family dwelling units with associated open space, club
house, and amenities on 8.54 acres. The proposed density is 9.37 dwelling units per acre. The
maximum allowed density for the Town Center zoning district is 15 dwelling units per acre.
The Technical Review Committee reviewed the proposed site plan on February 18. All planning
and zoning comments have been addressed. All building, parking, and landscaping requirements
have been met. Detailed construction drawings will be reviewed upon Special Use Permit
approval.
Only the entranceway of the project is located within the GC-O Gateway Corridor Overlay and
Watershed Protection Area. None of the standards of the GC-O apply. The North Carolina
Department of Environment and Natural Resources is allowing the Town to review the project as
if the entire property is located within the Watershed Protected Area. Maximum impervious area
is 24% with a 10/70 Special Intensity Allocation. Proposed impervious area is 35%, therefore a
10/70 allocation is required. The applicant has submitted a 10/70 application and an annexation
petition that will be reviewed by the Town Council at the April 14, pending the setting of a
public hearing.
Town of Bermuda Run Comprehensive Plan
The requirement for a Special Use Permit for all new construction in the Town Center zoning
district stems from the Town of Bermuda Run Comprehensive Plan recommendation L7 (a) to
“create a mechanism to prevent piecemeal development in the Town Center zoning district.”
The intent of the Special Use Permit requirement is to ensure that all new development is
consistent with the Town Center Conceptual Plan within the Comprehensive Plan. This
proposed development is south of the area depicted in the Conceptual Plan but is in the vicinity
of the area depicted for a Town Center Parkway to traverse the Town Center zoning district and
connect US Highway 158 to NC Highway 801 S.
There is one other relevant implementation strategy for this project. Strategy T11 recommends
the construction of “a boulevard through the proposed Town Center as means of improving
traffic flow at the US Highway 158 and NC Highway 801 intersection and encouraging
development within the Town Center. After speaking with NCDOT representatives, Town staff
has determined that the best alignment for the NC Highway 801 parkway entrance is the location
of the Village Green development entrance. The applicant has provided a 90 foot right-of-way to
accommodate the future parkway and will be constructing the median, southern travel lane, curb
and gutter, and sidewalk up to the development entrance. The development will contain a
private drive with parking for residents.
Page 2 of 5
Staff Recommendation
No Special Use Permit shall be approved by the Board of Adjustment unless the findings-of-fact
in Section 11.6 (E) (2) are made in the affirmative concerning the proposed special use. Staff
recommends approval with conditions of the Special Use Permit based on the draft findingsof-fact below.
A. The use will not materially endanger the public health or safety if located, designed, and
proposed to be operated according to the plan submitted.
The proposed facility will not endanger public health or safety. All public health and
safety regulations are being followed. Davie County Emergency Management has
requested a few changes to the secondary fire access. A condition is proposed to
address this issue.
B. The use complies with all regulations and standards of the Zoning Ordinance
With proposed staff conditions, all regulations and standards of the Zoning are met.
C. The use will not substantially injure the value of adjoining property or the use is a public
necessity.
The proposed multi-family residential use is permitted within the Town Center zoning
district, which allows for high density residential uses within a mixed-use environment.
The proposed development is adjacent to an existing multi-family residential
development and an institutional group quarters residential care facility. The proposed
development has a density of approximately 2/3 of the maximum density allowed in the
district. Therefore, the use is similar to other uses in the area and will not substantially
injure the value of adjoining property.
D. The location and character of the use, if developed according to the plan as submitted and
approved, will be in harmony with the area in which it is to be located.
The proposed multi-family residential use is permitted within the Town Center zoning
district, which allows for high density residential uses within a mixed use environment.
The proposed development is adjacent to an existing multi-family residential
development and an institutional group quarters residential care facility. The proposed
development has a density of approximately 2/3 of the maximum density allowed in the
district. The use is similar to other uses in the area and with the partial construction of
the Town Center Parkway helps to facilitate the planned development of the Town
Center.
E. Public water and sewer service are available in adequate capacity, if needed.
During Technical Review Committee review, Davie County Utilities stated that public
water and sewer service are available in adequate capacity. The applicant is currently
working with Davie County Utilities to ensure that the Oak Valley pump station has
adequate capacity or if it needs to be upgraded to accommodate future development.
F. That the proposed use will not be in conflict with but will further the objectives of the most
detailed plan adopted for the area in which it is located.
The use is in keeping with the Town Center Conceptual Plan in the Town of Bermuda
Run Comprehensive Plan, is permitted in the Town Center zoning district, and with the
partial construction of the Town Center Parkway, helps to facilitate the planned
development of the Town Center.
Page 3 of 5
Staff proposes the following conditions, if the Board of Adjustment votes to approve the
Conditional Use Permit:
1. Provide all necessary construction details including:
• Provide drainage system design with calculations indicating sufficiency and off site
stability. Provide easements where required for off-site drainage.
• Provide NCDOT approval for Town Center Blvd and its connection to 801. Provide
construction details for roadways (including paving details).
• Provide paving details for parking/transportation areas within the proposed complex.
• Provide NCDENR Erosion Control Plan Approval.
• Provide public and private water line details including all fire system appurtenances
showing an 8-inch line connecting to the existing 12-inch line along future parkway up to
development and a minimum 6” line within the development.
• Provide a capacity analysis on the Oak Valley pump station including a hydraulic study
and possibly draw-down tests.
• Provide fire system RPZ and backflow detail.
• Provide state approval of water and sewer systems.
2. Provide a street cross section for the proposed parkway that meets the requirements of
Section 4.4.10 of the Zoning Ordinance.
3. Improve secondary fire access to Davie County standards by moving landscaping and
parking spaces that block the access. Fire apparatus access roads shall have an unobstructed
width of not less than 20 feet, exclusive of shoulders, except for approved security gates in
accordance with Section 503.6, and an unobstructed vertical clearance of not less than 13 feet
6 inches (4115 mm).
Page 4 of 5
Board of Adjustment Action
In order to determine whether a Special Use Permit is warranted, the Board must decide that
each of the findings as outlined below has been met and that the additional approval criteria has
been satisfactorily addressed. If the Board concurs completely with the draft findings of the staff,
no additional findings of fact are necessary and the staff findings may be approved as part of the
decision. However, if the Board wishes to approve different findings (perhaps as a result of
additional evidence or testimony presented at the public hearing), alternate findings need to be
included as part of the criteria below. Should a Special Use Permit be approved, the Board may
impose such reasonable conditions as will ensure that the use of the property to which the
Special Use Permit applies will be as compatible as practicable with the surrounding properties.
Yes
No
A. The use will not materially endanger the public health or safety if located,
designed, and proposed to be operated according to the plan submitted.
B. The use complies with all regulations and standards of the Zoning Ordinance
C. The use will not substantially injure the value of adjoining property or the use
is a public necessity.
D. The location and character of the use, if developed according to the plan as
submitted and approved, will be in harmony with the area in which it is to be
located.
E. Public water and sewer service are available in adequate capacity, if needed.
F. That the proposed use will not be in conflict with but will further the
objectives of the most detailed plan adopted for the area in which it is located.
Page 5 of 5
Project Name: Village Green Apartments – Weaver Kirkland
DATE: 4th February, 2015
Request for 10/70 Allocation
Weaver Kirkland respectfully requests the allocation of approximately 39,655 S.F. (0.91 acres) of additional impervious area beyond
the 24% maximum allowed for this type of development. This allocation of 0.91 acres would allow Weaver Kirkland to construct 80
multi-family dwelling units in order to provide affordable housing to the existing residents and future residents of Davie County and
the Town of Bermuda Run.
We believe that this project will be the stepping stone for the future development of the Town Center and provide the impetus for the
future Bermuda Run Parkway.
Thank you in advance for your consideration.
MLA Design Group, Inc.
LL66
Incorporate more detailed Low Impact Development guidelines into the Zoning
Ordinance as an option for stormwater management. (See Fig. 2.6)
FIG. 2.6: LOW IMPACT DEVELOPMENT EXAMPLES
Rain Garden
LL77
Permeable Parking Lot
Encourage the development of a Town Center following a concept for
development and strategically investing in the infrastructure to support it. (See
Town Center Concept Section 2.7)
a. Create sub-districts for the Town Center zoning district that correspond to the
Master Plan in order to prevent piecemeal development. (see Town Center
Concept in Section 2.7)
b. Act as catalyst to encourage property owners and realtors to work as unit in
order to minimize land assembly issues for future developers.
c. Market the Town Center to developers who have experience with similar
developments.
d. Create a detailed Town Center Master Plan and Pattern Book in conjunction
with a developer.
e. Follow the strategies “Transportation” category to facilitate and encourage the
development of the Town Center.
f.
LL88
Be open to entering into a development agreement with a developer for the
long-term build-out of the Town Center.
Encourage the use of green building techniques and the adaptive reuse of
existing vacant commercial development.
Town of Bermuda Run Comprehensive Plan
17
T
T99
Construct a boulevard through the proposed Town Center as a means of
improving traffic flow at the US Highway 158 and NC Highway 801 intersection
and encouraging development within the Town Center. (See Fig. 2.14)
FIG. 2.14: EXAMPLE TOWN CENTER BOULEVARD
Proposed Road Improvements Map Projects (see Section 2.7):
1. Roundabout at US Highway 158, Bermuda Run Drive, and Twin’s Way
2. Riverhill Commons/Wake Forest Baptist Health internal boulevard (to be completed by
developer)
3. Roundabout on NC Highway 801 at Riverhill Commons northern entrance
4. PART Park and Ride lot
5. Road connection between Twin’s Way and Kinderton Village
6. Road connection between Royal Troon Way and Commerce Drive
7. Roundabout at NC Highway 801, Bing Crosby Boulevard, and Town Center entrance
(to be coordinated with projects #8 & #9)
8. Town Center Boulevard (to be coordinated with projects #7 & #9)
9. Roundabout at US Highway 158, Webb Way, and Town Center entrance (to be
coordinated with projects #7 & #8)
Town of Bermuda Run Comprehensive Plan
25
Town of Bermuda Run Comprehensive Plan
37