Bermuda Run troubled by state’s new ‘down-zoning’ rules
Published 9:04 am Tuesday, February 18, 2025
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By Jim Buice
Enterprise Record
BERMUDA RUN – After receiving troubling information on the impact of Senate Bill 382 last month, the town council members here approved a resolution last week to support House Bill 24 that restores the authority for local governments to initiate down-zoning and to repeal a subpart of the proposed bill.
Mayor Mike Brannon outlined the town’s concern and seeking more clarity in the January meeting after basically completing work throughout 2024 on making land use and zoning changes and then moving to the next step – with it going to the Planning Board in December before the N.C. Legislature approved the override of that bill on the same day.
The last page included changes that impact the restriction of local governments to implement down-zoning, which is defined as changing land use to be less dense or reduce permitted uses, and previously required written consent from all affected property owners.
“So I share that to explain we were on a commitment that we made (in the town’s comprehensive plan) and got stopped literally on the 1-yard line,” he said in January.
Brannon said he thought it was appropriate to read the entire resolution because of the “strong commitment by the board” on this matter.
Key points outlined in opposition to the subpart of SB 382 included:
• “Affecting the town’s implementation of its costly and statutorily required comprehensive land use plan by severely limiting or prohibiting town-initiated zoning and development standards within its Comprehensive Plan.”
• “Eliminating the authority of a local government to adopt a zoning text amendment applicable to entire nonresidential zoning districts and severely limiting the authority of a local government to adopt regulations related to residential zoning districts given the time, effort and cost of identifying all of the owners of parcels within such zoning districts, and the implausibility that all owners will consent to the amendment.”
• “In short, the new law empowers a single property owner to override the will of a unanimous governing board, a developer, and perhaps all or a vast majority of the other property owners affected by the amendment.”
Andrew Meadwell, town manager, said that other municipalities and counties have taken similar action.
“I’m assuming that as this starts to get out across the state, more and more jurisdictions will want on to tie on to this,” he said. “And this isn’t a Republican or Democrat issue. If you look at House Bill 24, it was bi-partisan sponsorship. It’s a very wide-ranging impact to the state’s counties, towns and cities.”
Brannon said he knew of municipalities that are also reaching out to their legislative contacts as well “through multiple channels getting that message of the huge impact this has on local governments.”
• The council recognized community officer Mike Foster, who has been a constant presence in Bermuda Run for the past three years and will be transitioning to another position with the Davie County Sheriff’s Office, with a plaque for his dedication to the town.
“You go into a business, you can’t talk to a resident, you can’t go to a town event without running into Officer Foster,” Brannon said. “It speaks volumes that his name is as known as any other individual in this town. It feels like he is part of our staff. His efforts have made a lasting impact on our community, and we are proud to acknowledge his service.”
In other highlights from last Tuesday night’s meeting, the council:
• Heard from Lennie Ring of Kilbourne Drive, who expressed his desire for the council to take action to improve the safety and security of the residents of Kinderton Village – primarily Kilbourne Drive – after events from the weekend of Feb. 8-9 at RISE and Fusion (Truist Sports Park). He said vehicles were parked in the streets and in the emergency exit area and he believes there has to be a way to control parking at these events, adding that the council is unaware or unconcerned because they live behind the gates.
• Heard from Meadwell in the manager’s comments that Duke Energy is in the process of updating to LED lights in the town. He added that both RISE and NC Fusion have been contacted regarding parking issues from events the weekend of Feb. 8-9, adding that both have been responsive and the issue should be resolved.
• Received a presentation from Cameron Webb, Davie County fire marshal and director of emergency management. He provided information regarding the county’s Hurricane Helene relief efforts and was joined by Benita Finney, county commissioner, who shared her appreciation for all who worked together to help neighboring communities.