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Written by Ken Rethmeier, DrPH, Mayor, Town of Bermuda Run

Published: 23 April 2015

For this month, my column will address the Town’s plans, roles and responsibilities regarding a very important challenge for now and our future…that is economic development and growth. Recently, the Town received a request for a “special use permit” (explained shortly) to construct part of a boulevard and build what is known as “work force” focused affordable housing apartment complex of 80 units to have been located in an area zoned as “Town Center”. Town Center consists of approximately 88 acres in a wedge between 801 and 158 starting at Wells Fargo coming south and west. That area of land is owned by 24 different land-owners. In the course of legal processes conducted by the Board of Adjustment and associated with such a request for which the Town must comply, the developer withdrew their request for a special use permit. There was a plethora of misinformation, outright false information, and, quite frankly, very damaging information floating around and about our Town and the local vicinity. So, that project will not come to fruition. However, in light of the hyperbole of emotion created by this request, now is the right time to provide everyone with some very critical facts and information.

Here are the facts regarding potential economic development in an area zoned as Town Center:

• Town Comprehensive Plan – we believe in and support controlled growth as a natural part of the evolutionary process of any municipality and that is well spelled out in our Comprehensive Plan you can read on our Town website. The Town Council has long stated that development in Town Center is not a priority because it lacks infrastructure (water, sewer and roads) for which the Town has no interest in developing. Our preference has been to promote development where infrastructure is in place to avoid, in part, some of what we have faced recently.
• Town Ordinances (Zoning) and Policies – over the past 4 years the Town has strengthened and tightened Zoning ordinances to create as much control as we can legally impose on the rights of individuals to sell their land and turn over to development. Town Center is zoned to ensure optimal Town control of its development and to avoid a “piece meal” sell off by local land-owners without regard to our best interest. As such, any new development requires the developer to submit a “Special Use Permit” request to the Town and be subject to satisfying 6 criteria to gain approval of the project. The Town Board of Adjustment is the legal adjudicating authority and a proper quasi-legal hearing was held to consider the facts in this case on March 19 and April 15, 2015.
• Policies and regulations of Davie County – in this case, water and sewer were the main applicable issues. Developers must show they have the approval of the County for proper allocation of sewer and related upfitting/improvement costs associated with this access.
• North Carolina Statutes and Federal Laws – Chapter 41A. State Fair Housing Act N.C. General Statute 41A-1(2011) paraphrased says, in part, “it is an unlawful discriminatory housing practice to discriminate in land-use decisions or permitting of development based on race, color, religion, sex, national origin”...or, “proposed development contains affordable housing units for families or individuals with incomes below 80% of area median income”. Our median income is $70,000. Therefore, the Town, without regard to our personal opinions, must, I repeat “must” by law, accept and process with proper due diligence any request for housing developments proposed for Town Center. The developer’s request, in this case, proposed “work-force” housing is NOT, again I repeat, NOT Section 8 housing.

Finally, the Zoning Administrator and the Board of Adjustment performed their roles and responsibilities with dignity, integrity, in compliance with the law, and in the best interests of the Town. Period. I thank them for exemplary commitment to doing the right thing. Further, any suggestion that the Town or any of its officials was promoting and/or supporting a housing development that would produce a haven for crime, drugs, and other criminal activity is patently false and really quite unbelievable. As the Mayor, Town Council, Town Manager and our entire staff, I can assure you we take seriously our roles and have an obligation to assiduously uphold and execute the laws governing our municipality. We will do just that. Where do we go from here? The Town Council in conjunction with the Planning Board will address this issue and consider what options we may have to move forward with land use accordingly. We will keep everyone informed of the actions we will propose.

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Written by Ken Bateman, Bermuda Run Town Council Member

Published: 22 April 2015

Editor's Note: The below message from Ken Bateman, Bermuda Run Town Council Member was sent to Kinderton Village Homeowners Association Leaders. Permission was given to Ann Scofield to have Bateman’s commentary and Mayor Rethmeier’s press release posted on this website. Click here to read Mayor Rethmeier's press release.

As a member of the Town of Bermuda Run Town Council and a resident of Kinderton Village, I have been asked by Pat Russell, President, KVHOA Master Board of Directors, to keep you informed on The Town of Bermuda Run issues that may directly or indirectly impact the Kinderton Village community. I am pleased to attempt to keep you informed on such issues. Please understand that I can only report on or make comment on those issues that have become public information.

The Town of Bermuda Run website contains Town Council Meeting Minutes, explanation of various ordinances, the BR Comprehensive Plan and other interesting facts about Bermuda Ran, Bermuda Run West and Kinderton Village.

Often times information outside of the Town Council's control becomes public information before we have specific knowledge of an issue. The Davie County Enterprise Record is an informative source on the actions of the Davie County Commissioners and the Town Councils of the three incorporated municipalities of Bermuda Run, Mocksville and Cooleemee. Various categories of "Public Records" are listed including Land Transfers. The April 16 issue listed all of the "landowners" who transferred their properties in Town Center for the development of the apartments recently proposed on Highway 801 South. For $26.69 you can get an annual subscription delivered to your mail box weekly ($0.513 per week).

Another way for community leaders to be more informed is to experience attending Town Council Meetings. The President of Bermuda Run West HOA attends nearly all Council Meetings on the 2nd Tuesday (7:00 p.m.) of each month and the Agenda Meetings on the 4th Tuesday (9:00 a.m.) of each month.

I wish to reiterate my previous comments concerning the potential development of the property east of Kinderton Village. The North Carolina Housing Finance Agency 2015 Housing Credit Preliminary Applications Report lists an application by The BTR Communities Group and is merely an application for project financing. It is not known what the status of that application may be. The basic "gates" a developer must go through to start construction of a development project would be:

1. Secure financing - this may not or may become public information.
2. Secure property - negotiations and/or options probably would not become public information. Land ownership transfer would become public information.
3. Secure water and sewer allocation from Davie County - public information.
4. Secure Building Permit from Davie County - public information.
5. Secure Zoning Permit from the Town of Bermuda Run Zoning Administrator - public information.

If the project meets all of the Town of Bermuda Run's Zoning and Design Ordinances, the Zoning Administrator is legally obligated to issue the Zoning Permit. All Bermuda Run Ordinances have been legally approved by the existing Town Council on the dates the ordinances were approved. All ordinances are posted on the Bermuda Run website.

All Bermuda Run residents should be receiving in the mail the monthly edition of Bermuda Run Living magazine. The third page is dedicated to "Bermuda Run Mayor's Corner" written by Mayor Kenneth Rethmeier. Mayor Rethmeier must submit his article two months in advance of each monthly publication. That's okay if writing about future activities but very difficult when there is need for faster communication of current critical issues. Attached is an advance press release from the Mayor scheduled to be published in the June 2015 edition of the Bermuda Run Living magazine.

My comments and the attached can be forwarded to others as desired. Thank you for your commitment and dedication to our Town and the Kinderton Village community.

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Last Updated: 29 March 2015

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Last Updated: 26 March 2015

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Last Updated: 26 March 2015

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Written by Super User

Published: 26 March 2015

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Written by Super User

Published: 26 March 2015

  Our Location

Kinderton Village is located in beautiful Davie County, North Carolina. The main entrance is on Yadkin Valley Rd., which is just off of NC Route 801, and is easily accessible from I-40.

From I-40 West, take exit 180 and turn left onto NC Route 801. Cross back over the interstate and turn right at the stop light onto Yadkin Valley Rd. The Kinderton Village main entrance is approximately one-half mile on the right.

From I-40 East, take exit 180B, stay in the right lane and turn right at the stop light onto Yadkin Valley Rd. The Kinderton Village main entrance is approximately one-half mile on the right.

The KV Clubhouse

The Kinderton Village clubhouse is located just off of of North Forke Dr. in the Kinderton Village development. To reach the clubhouse, just enter the main entrance off of Yadkin Valley Rd., then take the first left onto North Forke Dr. Continue on North Forke Dr. and take the first left into the clubhouse grounds.

The clubhouse is co-located with the Kinderton Village pool, and contains a 500 sq. ft. meeting area with an adjacent kitchen. In addition, there are rest room facilities in the clubhouse. 

The meeting area and kitchen are available for use by Kinderton Village residents by reservation, and will accommodate up to 40 people as designated by the local fire department.

The KV Pool

The Kinderton Village pool is one of the primary amenities available to Kinderton Village residents. All pool expenses, including residential usage, are contained within the monthly HOA dues. There are no additional charges to residents for pool usage.

Access to the pool area is controlled by key card, and is restricted to Kinderton Village residents and their guests. All KV property owners have been issued key cards.

The Development

Kinderton Village is a development of single family homes, carriage and town homes, quadra-plex homes, condominiums. paved streets, sidewalks, and large common areas.

Mail is delivered to mailbox kiosks which are conveniently located in each common area. Each mailbox kiosk is lighted and serves approximately 30 - 40 residences. Maintenance costs for the kiosks and common areas are included in the monthly HOA dues.