Meeting Of The Planning Board

AGENDA KERNERSVILLE PLANNING BOARD KERNERSVILLE MUNICIPAL COUNCIL CHAMBERS MONDAY, JULY 13, 2026 6:30 PM 1 APPROVAL OF MINUTES A Approval of Minutes for June 8, 2026 Planning Board Meeting. 2 PUBLIC SESSION A PRELIMINARY SUBDIVISION REVIEW: Scott Wallace, Agent for Owner, Keystone Group, Inc. for property located south of I-40 E., east of Brookford Rd. and Brookdale Forest Dr., north of Volta Dr., and west of Steen Rd., being all of PIN(s) 6895-02-2002 containing a total of 58.80 +/- acres. Petitioner requesting a 73 lots subdivision with a density of 1.24 lots per acre for property currently zoned RS-20. Brookford Village 1. Action Required: Preliminary Subdivision Recommendation 3 PUBLIC HEARINGS A REZONING: Luke Ward, Agent for Owner, LND DEVELOPMENT HOLDINGS LLC., for a property located at 540 Edgewood Street being all of PIN 6886-41-5295, containing 1.33 +/- acres. Petitioner requests a Single-Phase Conditional Zoning from RM-12-S (Residential Multifamily, 12 Units/Acre Maximum Density - Special) and RS-7 (Residential Single Family, 7,000 square foot lot minimum) to RM-8-C (Residential Multifamily, 8 Units/Acre Maximum Density - Conditional). Zoning Docket K-569.A1. Requested Use(s): Residential Building, Townhouse 1. Action Required: Rezoning Recommendation Action Required: Site Plan Recommendation B TEXT AMENDMENT: Curtis Swisher, Agent for the Town of Kernersville requests a text amendment to Article 6 of the Unified Development Ordinance revising language to conform to NC General Statutes and administrative modifications. KT-285 Page 1 of 26  1. Action Required: Text Amendment Recommendation 4 PUBLIC COMMENTS 5 PLANNING BOARD COMMENTS 6 STAFF UPDATES 7 ADJOURNMENT Page 2 of 26  WA T E R S H E D S I T E DA T A: WATERSHED: WEST FORK DEEP RIVER WS IV A. TOTAL SITE AREA 2,561,343 (SQ. FT.) 58.80 (ACS.) ZONING DENSITY CALCULATIONS B. PROPOSED DISTURBED AREA 1,733,688 (SQ. FT.) 39.80 (ACS.) EXISTING ZONING: RS-20 (IF APPLICABLE) C. EXISTING IMPERVIOUS SURFACE AREA 0 (SQ. FT.) 0 (ACS.) PROPOSED ZONING: N/A NUMBER OF UNITS/LOTS: 73 UNITS/LOTS D. EXISTING IMPERVIOUS SURFACE AREA AREA BUILT BEFORE 1993 0 (SQ. FT.) 0 (ACS.) TYPE OF REVIEW REQUESTED: PRELIMINARY DENSITY: 1.24 UNITS/ACRE OR LOTS/ACRE E. TOTAL REGULATED UNDEVELOPED SITE AREA (A-D) 2,561,343 (SQ. FT.) 58.80 (ACS.) SUBDIVISION 58.80 ACS. F. TOTAL PROPOSED IMPERVIOUS SURFACE AREA ** 409,362 (SQ. FT.) 9.39 (ACS.) MAX. NUMBER OF DWELLING UNITS: . G. REGULATED IMPERVIOUS SURFACE AREA (F-D) 409,362 (SQ. FT.) 9.39 (ACS.) H. PROPOSED IMPERVIOUS SURFACE AREA PERCENTAGE: (F/A)*100 15.98 % INFRASTRUCTURE I. REGULATED IMPERVIOUS SURFACE AREA PERCENTAGE: (G/E)*100 15.98 % BUFFERYARDS J. (IF RESIDENTIAL) UNITS PER ACRE 1.24 (IF APPLICABLE) ADJOINING ZONING: RS-20 (PROPOSED IMPERVIOUS SURFACE AREA SHOWN ABOVE IS OF THE PROPOSED STREETS and 73 LOTS AT 4,000 SF EA) TYPE REQUIRED: N/A WIDTH PROVIDED: N/A ** LOTS TO BE ALLOCATED AT 4,000 SF EACH SITE SIZE AND COVERAGE FENCE OPTIONS: N/A 2,561,343.63 SF >>>>>> 58.80 ACS. GRADING IN 100 YEAR FLOOD ZONE: OFF STREET LOADING TOTAL AREA FROM FLOODWAY TO 100 YEAR 292,000 SF >>>>> 11.40 117,361.85 SF >>>>> 4.58 (IF APPLICABLE) FLOOD LINE = 325,393.01 SF N/A 2,151,981.78 SF >>>>> 84.02 N/A TOTAL (100 %) ** 292,000 AREA BEING GRADED = 47,010.12 SF 40' MAX. OFF STREET PARKING (47,010.12 / 325,393.01 = 14.45% (IF APPLICABLE) OTHER INFORMATION OR NOTES SINGLE-FAMILY 73 x 2.0/UNIT 146 146 146 * NORT H C A RO TH LI PR S FE S I ON NA PU O EL N O F O PR AL RP R R IMI R SEAL OS EV NA CH 14984 A ES IE RY R EN G INEE R B ON W LE S P. T R U Y, L J R. Y DISCLAIMER NOTE: BOUNDARY AND TOPOGRAPHIC INFORMATION TAKEN FROM A MAP ENTITLED "RLR FAMILY, LLC - 1645 BROOKFORD ROAD, KERNERSVILLE, NC" DATED 03/05/2014, PREPARED BY DAVIS - MARTIN - POWELL ENGINEERS & SURVEYORS, HIGH POINT, N.C. Page 3 of 26  STAFF REPORT PRELIMINARY SUBDIVISION PLAN ZONING DOCKET: Brookford Village PLANNING BOARD: July 13, 2026 ZONING: Residential Single-Family; 20,000 Sq.Ft. Minimum Lot Size (RS-20) PETITIONER: Scott Wallace, Agent for Owners OWNER(S)/ DEVELOPER: Keystone Group, Inc. USES: Residential Building, Single-Family ACRES: 58.80± UNITS: 73 Residential Lots, 1 Common Area Lot Density: 1.24 Units Per Acre PURPOSE OF PRELIMINARY SUBDIVISION PLAN REVIEW The purpose of the Town’s administrative Preliminary Subdivision review process is to determine compliance with Unified Development Ordinance (UDO) Article 10 Subdivision Regulations and to ensure compliance with dimensional requirements of the underlying zoning designation. PIN 6895- 02-2002 is zoned as RS-20 and as such all lots are required to meet the dimensional requirements of Article 3. All proposed lots are in conformance with the dimensional requirements as shown in Article 3 Table 3.2 as found below: Minimum Zoning Minimum Setbacks Lot Zoning Side Maximum Impervious Maximum Height District Front Rear Surface Cover (ft) Area Width Combined (ft) (ft) One Side3 Street (ft) (sf) (ft) (%) (ft) Sides (ft) RS-20 20,000 95 30 30 7 20 20 -- 40 1 Page 4 of 26 LOCATION OF PROPERTY AND RELATION TO EXISTING ZONING DISTRICTS The property is located south of I-40, east of Brookford Rd., north and west of Volta Dr., and west of Steen Rd. The parcel is located within the Town’s Extra Territorial Jurisdiction (ETJ) and is not seeking annexation. The surrounding parcels are zoned as follows: • North (across I-40 E.): General Business – Conditional (GB-C), Medical Business Park (MBP) • East: RS-20 • South: Forsyth County – Single Family Residential 30,000 Square Foot Minimum Lot Size (FC-RS-30), Single Family Residential 30,000 Square Foot Minimum Lot Size (RS-30), RS-20 • West (adjacent): RS-20 • West (across Brookford Rd.): RS-20 SITE HISTORY The developer has petitioned for rezoning on this site three times prior to this Preliminary Subdivision Application. The nature of the requests for development of this property have changed over time from rezoning to RM-8-S and RS- 12 PRD for 178 houses (K-782, 2020), to RM-8-C (K-791, 2021) with 188 units mixed with townhouses and twin homes, to RM-5-C (K-791.A1, 2025) for 184 townhouses and twin homes. All requested rezonings were denied by the Board of Aldermen. At the public hearings for the rezonings there was a consistent set of issues brought forward by neighbors and members of the public. These primarily centered around stormwater runoff associated with high density development, traffic concerns associated with higher density development, and trepidation in regards to allowing for smaller lot development in an area characterized by larger tracts of land and lower density development. In response, the developer has put forth this proposal which is in conformance with the current zoning and Land Use Plan designations and offers a significantly reduced density when compared with the previous proposals. FINDINGS: USES The proposed use for this site is Residential Building, Single-Family which is defined by Article 11 of the Unified Development Ordinance (UDO) as: Residential Building, Single-Family. A residential building which contains one dwelling unit and which occupies its own zoning lot. This term includes modular housing units. SUBDIVISION PLAN The development as proposed is bisected by the West Fork Deep River and a Common Area lot. There are 56 residential lots lying to the west of the West Fork Deep River, accessed from Brookford 2 Page 5 of 26 Rd., and 17 residential lots to the east, accessed from Volta Dr. United States Postal Service (USPS) Cluster Box Units (CBU) have been placed in common element easements between lots 9 and 10 for the western portion of the subdivision and between lots 71 and 72 for the eastern side. Lastly, a 20’ wide streetyard as required by UDO Section 3.10.4 (B.1) is shown along the northern property line and placed within an access and maintenance easement to allow for upkeep by the HOA. TRANSPORATION The North Carolina Department of Transportation (NCDOT) has indicated that additional units/lots and the added traffic from the proposed subdivision would warrant a turn lane on Brookford Rd. The existing roadway conditions and necessary roadway improvements or widening will be reviewed by NCDOT at time of driveway permit application in order to help facilitate development. An approved NCDOT driveway permit is required prior to approval of civil construction plans. Volta Dr. was initially established as a non-exclusive perpetual right-of-way in the deed of trust filed with the County in June 1989. This perpetual right-of-way was platted in June 1989 a few weeks after the deed was filed. In May 1995 a recombination and subdivision plat was brought before the Board of Aldermen. The UDO requires that the number of lots that can be accessed on a private access easement be limited to 3 or less. As such in order to continue with the subdivision the easement had to be dedicated as a public right of way. After discussion the Board of Aldermen waived the requirement to improve Volta Dr. Another recombination and subdivision plat was brought before the Aldermen in January 1997. Volta Dr. was discussed and the requirement to improve the road waived. Property owners were asked to sign a waiver released the Town of liability if emergency response could not get down the road as a result of the improvements being waived. As Volta Dr. is located within the Town’s Extra Territorial Jurisdiction (ETJ) roads are built to NCDOT standards and right-of-way is dedicated to and, after acceptance, maintained by the State. As a part of the review of this subdivision NCDOT has stated that in order to issue a driveway permit for the homes located off of the Volta Dr. the road will need to be brought to NCDOT minimum standards. The developer will then have to petition NCDOT to accept Volta Dr. for maintenance after improvements have been made. The NCDOT driveway permit would be issued with stat-system road addition. WATERSHED AND STORMWATER The proposed site is located in the West Fork Deep River watershed and is bisected by the West Fork Deep River. The proposed development will be utilizing the low-density stormwater development option. Low- density stormwater projects are limited to either no more than 24% built-upon area (BUA) or 2 dwelling units per acre. The total proposed constructed BUA for this development is 16.0% and the proposed dwelling units per acre is 1.24. 3 Page 6 of 26 The utilization of the low-density designation does not require addition of a Stormwater Control Measure (SCM) but does have very specific requirements provided by the North Carolina Department of Environmental Quality. The stormwater conveyance system must be designed to maximize dispersed flow and utilize vegetated swales as much as possible. A minimal amount of piping for driveways or culverts under a road are allowed when it cannot be avoided. West Fork Deep River has a 100-foot riparian buffer that limits development near the stream. The proposed placement of fill in the FEMA flood zone will be required to meet all FEMA and Town regulations. Approval by FEMA of a Letter of Map Revision Base on Fill will be required prior to platting. An approved Conditional Letter of Map Revision Based on Fill will be required prior to Town approval of civil construction plans. SUBDIVISION PROCESS Staff has reviewed the proposal for conformance with the subdivision standards and dimensional lot requirements under the RS-20 zoning. The review findings are detailed in Appendix B. Staff finds that the plat meets the requirements for subdivision. STAFF SUMMARY This Preliminary Subdivision Plan submittal is for the subdivision and development of a 58.80± acre tract into 73 residential and 1 common area lot. The request allows for development of a low- density single-family subdivision that is permitted by right per the current zoning designation and does not require amendment of either the zoning or LUP designations. The parcel, located within the Extra Territorial Jurisdiction, is not requesting annexation. Solid waste services will be handled by private hauler and emergency services will be handled by the appropriate agency in conformance with existing agreements. Water and sewer for these sites will be handled through Winston-Salem/Forsyth County Utilities. The proposal has been found to be in congruence with the character of surrounding development and to meet the requirements of the RS-20 zoning district as well as those of Article 10 Subdivision Regulations of the UDO as detailed in Appendix B Plat Review Findings. RECOMMENDATION Approval of the preliminary subdivision plan as submitted with the following recommendations: Land Uses 1. Residential Building, Single-Family Site Plan 2. A civil construction plan shall be submitted for review matching the Preliminary Subdivision Plan prepared by CPT Engineering and Surveying, Inc. entitled “BROOKFORD VILLAGE”, dated June 22, 2026, as shown in Appendix A. 4 Page 7 of 26 Appendix A – Site Plan 5 Page 8 of 26  Appendix B – Plat Review Findings UDO Reference Summary Findings Article 10 Section 10.1.9 Easements, Including Public or Private Easements have been shown on the face of Rights of Way the preliminary subdivision plan as required. Article 10 Section 10.1.10 Owners Associated Required A homeowner’s association will be required for this subdivision. Article 10 Section 10.2.1 Lots are required to conform to the Lots are found to be in conformance with the (A.1) requirements of Article 3 Zoning. requirements of Article 3. Article 3 Section 3.1.6 (A) Requires that only one residential The intent of the proposed subdivision is to building shall be placed on a zoning develop as single-family lots with one lot except as permitted elsewhere in residential building per lot as permitted by the UDO. the UDO. Article 3 Section 3.1.6 (C) Requires that every zoning lot shall All zoning lots have access to a public street. have access to a public street or right- All internal roads are presented as being of-way. public rights-of-way. These roads are accessed from existing public rights of way (Brookford Rd. and Volta Dr.). Article 3 Section 3.1.6 (D) The terminus of a dead-end street does All dead-end streets shown terminate in a cul- not provide the required access to a de-sac that meet NCDOT requirements and public street unless that terminus is a being adequate for emergency access. turnaround or cul-de-sac. Article 3 Section 3.4.4 All dimensional requirements must be All lots presented are found to be in met for each use of a building, conformance with the dimensional structure, or piece of land. requirements established by Article 3 Table 3.2. Article 3 Section 3.5.2 (D) The RS-20 district is primarily The proposal is for lots that meet the intended to accommodate single- dimensional requirements for RS-20 as family detached dwelling units in established by Article 3 Table 3.2 and that areas where public water is available. have the ability to connect to the public water system. Article 10 Section 10.2.1 Lots are required to be served by Lots have been found to be serviced (A.2) internal roads and cannot front onto internally as required and do not have access major or minor thoroughfares. to major collector roads. Article 10 Section 10.2.1 Lots must have right-of-way meeting All lots proposed have frontage as required (A.6) the standards of the North Carolina along rights-of-way that are proposed to be Department of Transportation. dedicated to NCDOT and built to NCDOT standards. Article 10 Section 10.2.1 (B) All subdivisions of land within one The subdivision is required to connect to thousand (1,000) feet of public water public water and sanitary sewer. Appropriate shall be required to provide public easements have been shown on the water and install fire hydrants in preliminary subdivision plan. Detailed review accordance with requirements of the of the location of fire hydrants will occur at Kernersville Fire and Recue time of Civil Construction Review and will Department. involve the appropriate designee of the Kernersville Fire and Rescue Department. 6 Page 9 of 26 Article 10 Section 10.2.1 (C) All distribution lines are required to be The subdivision is required to adhere to the placed underground unless required to requirements of this section for the placement be placed aboveground by the utility of distribution lines. This is reviewed at time provider, the power lines existed of Civil Construction Review and Building above ground at the time of first Permit. approval of a plat or development plan, or the power lines are located outside the boundaries of the parcel of land that contains the subdivision or the property covered by the development plan. Article 10 Section 10.2.1 Any markers, signs, or monuments A sign permit will be required prior to (E.1) with the name of the subdivision shall construction of any signage and will be be issued a sign permit according to reviewed to ensure that they are not located the requirements and exemptions of within the public-right-of-way, sight Article 5 Section 5.1. easements, and placed at major entrances to the subdivision at time of application. Article 10 Section 10.2.1 Where a proposed greenway, park, A greenway easement is shown in the (E.2) playground, school or other public use common parcel along the West Fork Deep as shown on adopted plans and studies River meeting this requirement. is located the reservation of the area or dedication of an easement may be required. Article 10 Section 10.2.1 Cluster Mailbox Units (CBUs) must Compliance with this requirement can be (E.3) be located and installed to meet the achieved by widening the pull-off to 8.5’ in design standards included in the Town order to meet the minimum dimensional of Kernersville Land Development requirements of parallel parking as Manual. established by UDO Table 5.3. This will be verified at time of civil construction review. Article 10 Section 10.6.1 A major subdivision of land whether This proposal will constitute a major in single or multiple ownership shall subdivision of land due to the creation of mean all divisions of a tract or parcel more than three (3) lots and public rights-of- of land into three (3) or more lots. All way. All lots shown comply with the lots must comply with the size and dimensional requirements for RS-20 as area requirements of the Ordinance or established by Article 3 Table 3.2. any other applicable local or state land Preliminary subdivisions approval is being regulatory ordinances. Preliminary requested and fulfilled by nature of this subdivision approval of a plat in application. The final plat will be required to accordance with Section 10.5.3 is be recorded with the Register of Deeds required by the Board of Aldermen. following application and administrative Final plats must be recorded in the review of the document following completion office of the Register of Deeds in of the preliminary subdivision plan process accordance with Section 10.5.8 when so long as the preliminary subdivision plan is all requirements of these regulations approved by the Board of Aldermen. have been met for the subdivision. 7 Page 10 of 26  Article 10 Section 10.6.2 All streets to become parts of the It is the intent of the developer to construct (A.1) major street or road system of the and dedicate internal streets to NCDOT Town of Kernersville or NCDOT and meeting their standards in accordance with shall be accessed by public streets. the UDO. Access to these streets is provided through connections to other public rights of way. Brookford Rd. for the western section of the development and Volta Dr. for the eastern. NCDOT will require Volta Dr. to be improved and a petition for NCDOT acceptance for maintenance approved prior to issuance of a driveway permit for the eastern portion. NCDOT may require additional improvements to Brookford Rd. to be determined at time of driveway permit application. Article 10 Section 10.6.2 Cul-de-sacs and other dead end streets The proposed cul-de-sacs do not exceed or (A.5) shall not be more than twelve hundred meet the maximum allowance of twelve (1,200) feet in length except in hundred (1,200) feet in length. unusual circumstances. Article 10 Section 10.6.2 Sidewalks are required along both Sidewalks are not shown nor required as (A.6) sides in residential subdivisions where NCDOT standards do not require curb and curb and gutter streets are required. gutter and are typically ribbon-pave. Article 10 Section 10.6.2 (C) All lots must meet the access All lots meet the access requirements of requirements of Article 3 Section 3.1.6 Article 3 Section 3.1.6 and meet the frontage and front on a public street. requirements of Article 3 for RS-20. Article 10 Section 10.6.2 (D) All lots must have right-of-way which All lots have frontage meeting along right-of- meets the standards of the NCDOT or way meeting the standards of NCDOT as all Town of Kernersville. lots front on internal roads that are proposed to be built to NCDOT standards and dedicated as public right-of-way and are outside Town limits. Article 10 Section 10.6.3 All major subdivisions must first The proposal is for a major subdivision that submit a preliminary plat for review has been reviewed by staff and found to be in by Community Development Staff, conformance with zoning district review by the Planning Board, and requirements and requirements of the approval by the Board of Aldermen standards provided in this ordinance once the before submitting a final plat for CBU pull-off has been widened to 8.5’ in recordation. The decision to approve width. or deny a subdivision shall be based upon whether the application complies with the regulations of the zoning district and the standards provided in the Ordinance. The process for preliminary major subdivision 8 Page 11 of 26  approval is found in Article 10.6.3. Article 10 Section 10.6.4 (D) A notice of the public meeting is Notices of public meeting were placed to be required to be posted on the property visible from Brookford Rd., Volta Dr., and at least ten (10) days prior to the date Steen Rd. as of July 2, 2026 exceeding the of the meeting of the Planning Board requirement of ten (10) days prior to the and is required to be at a conspicuous meeting of the Planning Board. location(s). 9 Page 12 of 26  STAFF REPORT CONDITIONAL USE DISTRICT REZONING ZONING DOCKET K-569.A1 PLANNING BOARD July 13, 2026 PETITIONER Luke Ward, Agent for Owner(s) OWNER(S) LND Development Holdings, LLC PROPOSED ZONING AMENDMENT From: Residential Multifamily; 12 Units Per Acre Maximum Density Special (RM-12-S) and Residential Single Family; 7,000 Square Foot Minimum Lot Size (RS-7) To Residential Multifamily; 8 Units Per Acre Maximum Density – Conditional (RM-8-C) PROPOSED USES Residential Building, Townhouse UNITS 6 ACREAGE 1.34 ± LOCATION OF PROPERTY AND RELATION TO EXISTING ZONING DISTRICTS The property to be rezoned is located at 540 Edgewood Street being all of PIN 6886-41- 5295. Surrounding properties are zoned as follows: • North: Highway Business (HB) • East: RS-7 1 Page 13 of 26  • South: RM-18-S & RS-7 • West: RS-7 PURPOSE OF REZONING The purpose of this request is to change the zoning designation of the subject parcel from RM-12- S & RS-7 to RM-8-C adopting a site plan and zoning conditions that will allow for development of a Residential Building, Townhouse use. The proposed site plan includes six (6) residential units, each to occupy its own zoning lot, and a large common area lot to provide communal open space for residents. SECTION 3.5.1 – GENERAL DIMENSION REQUIREMENTS FOR RESIDENTIAL DISTRICTS Minimum Zoning Minimum Setbacks Lot Zoning Side Maximum Impervious Surface Cover Maximum District Front Rear One Combined Street Area Width (%) Height (ft) (ft) (ft) Side3 Sides (ft) (sf) (ft) (ft) (ft) RM-84,5 8,000 70 25 25 7 20 20 70 40 3. No setback is required for twin homes; all other uses must be set back a minimum of five (5) feet. 4. Three story structures in RM-8 must be setback a minimum of fifty (50) feet from adjacent properties zoned for single-family residential development. 5. Minimum lot sizes for Single-family, Two-Family, and Multifamily Residential Buildings on Small Lots in RM zoning districts must meet the requirements of Table 3.3 below. SECTION 3.5.2.K RM-8 (RESIDENTIAL MULTIFAMILY) DISTRICT INTENT The RM-8 District is primarily intended to accommodate duplexes, twin homes, townhouses, multifamily, and other low intensity multifamily uses at a maximum overall density of eight (8) units per acre. USES The proposed rezoning requests Residential Building, Townhouse as the only use for this development. This use is defined by the Article 11 of the Unified Development Ordinance as: RESIDENTIAL BUILDING, TOWNHOUSE. A residential building which contains three (3) or more dwelling units; each unit occupies one zoning lot. SITE PLAN The applicant is proposing a building containing six (6) townhouse units. Each unit is equipped with two (2) front loading parking spaces. The site plan provides a 1.05 +/- acre common area lot to be maintained by the Homeowners Association (HOA) in order to provide residents ample amenity space for outdoor activities and leisure. The site plan shows a density of 4.47 units per acre, well below the maximum density threshold of eight (8) units per acre within the RM-8 zoning district. The site plan can be seen in Appendix A of this staff report. 2 Page 14 of 26 Vehicular and pedestrian access to the site is provided via Edgewood St., and each unit will be accessed individually via a driveway along Edgewood St. The proposed use requires and is serviced by 12 parking spaces. A 15’ Type II bufferyard is to be provided along the entirety of the eastern, western, and southern lengths of the property where it abuts properties zoned as RS-7. Individual residential landscaping will be verified at time of civil construction documents. Refuse collection will be provided per unit through a private hauler as the Town of Kernersville does not provide this service for townhouse buildings with six (6) units. USE CONDITIONS UDO Section 4.4.64 establishes development standards that must be met by any proposed multifamily development. As it relates to the proposed site plan, UDO Section 4.4.64(B)(1) states that the Planning Board shall determine that the streets, driveways, parking areas, and other public and private drives shown on the plan are so located that they do not block, impede, or interfere with the orderly development of the public street system and that adequate provision is made for vehicular traffic to and from the premises and for vehicular traffic and pedestrian traffic to and from the proposed buildings, structures, and parking areas on the premises to facilitate safe access for any emergency or delivery services. Staff finds that since each dwelling unit fronts a public street with individual lot access, the proposed site plan meets the minimum requirements for an affirmative finding of UDO Section 4.4.64(B)(1). UDO Section 4.4.64(B)(3) provides additional development standards regarding building design and the impacts of the development on future residents and nearby property. Staff finds that the project provides adequate air and light to the development and surrounding properties as only one building is proposed which meets all dimensions requirements of the proposed zoning district. The petitioner has also provided colorized elevations to show how the design elements will break up the perceived bulk of the building to be more similar to other nearby buildings. The design utilizes color changes and an enhanced brick design along the bottom portion of the wall to reduce the perceived height. The elevations can be found as Appendix B of this staff report. KERNERSVILLE DEVELOPMENT PLAN (KDP) Land Use Plan The Town of Kernersville’s Land Use Plan (LUP) designation for this site is Mixed Residential. Mixed Residential is described by the LUP as: “Mixed residential density has been established in areas that are transitional land use areas and are located along major thoroughfares. The mixed residential areas provide a supply of undeveloped land to accommodate the growing demand of smaller owner- 3 Page 15 of 26  occupied housing units such as cluster homes, duplexes, triplexes, quadraplexes, and condos.” The LUP indicates that the RM-8 zoning district aligns with the goals of the Mixed Residential designation by accommodating the development of “duplexes, twin homes, town houses and other low intensity multifamily uses at a maximum overall density of eight (8) units per acre.” As such, the proposed development supports the goals of this area as established by the Town of Kernersville LUP. Other Plans The proposed development is not impacted by, nor impacts, any other plans within the Kernersville Development Plan. WATERSHED AND FLOODPLAIN The property is located within the Abbotts Creek Watershed. There is no regulated floodplain on the property. The proposed development will be utilizing the low-density stormwater development option. Low- density stormwater projects are limited to either no more than 24% built-upon area (BUA) or 2 dwelling units per acre. The total proposed constructed BUA for this development is 17.8% and the proposed dwelling units per acre is 4.47. The utilization of the low-density designation does not require addition of a Stormwater Control Measure (SCM). STAFF SUMMARY The request is for a single-phase conditional rezoning from RM-18-C & RS-7 to RM-8-C to adopt a site plan, elevations, and conditions to facilitate a Residential Building, Townhouse use if approved by the Board of Aldermen. If approved, the proposed rezoning will result in construction of a six (6) unit townhouse building at 540 Edgewood St. Each unit will occupy its own zoning lot and provide two (2) off-street parking spaces to be accessed off the public Edgewood St. right-of-way. The site plan meets the additional development standards as described in UDO Section 4.4.64 through building elevations which break up the perceived bulk of the building and by proposing a 1.05+/- acre HOA maintained lot to supply open space for residents of the townhomes. The proposed rezoning is consistent with the goals of the Land Use Plan designation of Mixed Residential through its development of townhouse units to accommodate “the growing demand of smaller owner-occupied housing units.” Staff recommends approval of this request as the proposal is in conformance with the Mixed Residential designation of the LUP . 4 Page 16 of 26 RECOMMENDATION Rezoning: Approval of the following motion: Move to recommend approval of the application to amend the Unified Development Ordinance of the Town by rezoning the property in case K-569.A1 from RM-12-S & RS-7 to RM-8-C. The said rezoning being consistent with the Town’s Comprehensive Plan, Kernersville Development Plan, and further being both reasonable and in the public interest because of the following facts. 1. The proposal is consistent with the Land Use Plan designation of Mixed Residential; and 2. The proposal meets the minimum development standards of UDO Section 4.4.64. Site Plan: Approval with the following conditions: Land Uses 1. Residential Building, Townhouse Platting 2. At the time of platting, lot #7 shall be platted as a 'Special purpose lot for common area open space and landscape bufferyard with access for ingress, egress, and regress for maintenance and enjoyment and shall be maintained in common ownership in perpetuity.' Site Plan 3. A civil construction plan shall be submitted for review and approval matching the site plan prepared by Summey Engineering Associates, PLLC, entitled “EDGEWOOD TOWNHOMES”, sealed June 23, 2026, as shown in Appendix A. 4. Buildings shall be constructed in conformance with elevations provided by applicant as shown in Appendix B. 5 Page 17 of 26 Appendix A - Site Plan 6 Page 18 of 26 Appendix B – Elevations 7 Page 19 of 26 Page 20 of 26  WATERSHED SITE DATA INFRASTRUCTURE C A RO TH L R FES SI ON IN A. TOTAL SITE AREA: _____58,500____(SQ.FT.) SITE SIZE AND COVERAGE WATER: __ X___ PUBLIC ______ PRIVATE NO O A PR AL B. PROPOSED DISTURBED AREA: _____22,100____(SQ.FT.) SEWER: __ X___ PUBLIC ______ PRIVATE OFF STREET PARKING TOTAL SITE ACREAGE: _______1.34________ SEAL C. EXISTING IMPERVIOUS SURFACE AREA: ________0______(SQ.FT.) DENSITY CALCULATIONS STREETS: __X___ PUBLIC ______ PRIVATE 26447 D. EXISTING IMPERVIOUS SURFACE AREA BUILT BEFORE 1993: ________0______(SQ.FT.) SITE COVERAGE: PROPOSED USE(S): RESIDENTAL Summey Engineering PLLC Associates, BUILDING TO LAND __12.8 __% EN . H. JR E. TOTAL REGULATED UNDEVELOPED SITE AREA (A-D): _____58,500____(SQ.FT.) NUMBER OF UNITS/LOTS: ______6_____ UNITS/LOTS PARKING CALCULATION: (2 PER UNIT)*6 SPACES: 12 MA GI N EER , PAVEMENT TO LAND __ 4.8 ___% BUFFERYARDS F. TOTAL PURPOSED IMPERVIOUS SURFACE AREA: _____10,402____(SQ.FT.) DENISTY: ____4.47_____ UNITS/ACRE OR LOTS/ACRE (MAY BE MORE THAN ONE CALCULATION REQUIRED) CK EY G. REGULATED IMPERVIOUS SURFACE AREA (F-D): _____10,402____(SQ.FT.) OPEN SPACE __ 82.4___% S U MM Engineering - Consulting - Surveying REQUIRED PARKING: ______12_________ SPACES H. PROPSED IMPERVIOUS SURFACE AREA PERCENTAGE (F/A)*100: _____17.78_____% TOTAL (100%) ADJOINING ZONING: ________RS-7____________ PARKING PROVIDED: _____12 _________ SPACES I. REGULATED IMPERVIOUS SURFACE AREA PERCENTAGE (G/E)*100: _____17.78_____% BUILDING SQUARE FOOTAGE: __±7500 __ SF TYPE REQUIRED: ____________II_____________ J. (IF RESIDENTIAL) UNITS PER ACRE: ______4.47______ BUILDING HEIGHT: ___32______ FT. OR STORIES WIDTH PROVIDED:__________15 FT____________ PO Box 968 FENCE OPTIONS: __________N/A _____________ ZONING EXISTING ZONING: _______RM-12-S , ______________ RS-7 PROPOSED ZONING: ________RM-8-C ___________ Asheboro, NC 27204 TYPE OF REVIEW REQUESTED: __REZONING_ Phone: 336-328-0902 Fax: 336-328-0922 N Email - info@summeyengineering.com NC Professional Engineering Firm License No. P-0336 FFE 988.75 +/- PROPOSED LOT 1 PROPOSED PROPOSED PROPOSED LOT 2 PROPOSED LOT 3 LOT 4 LOT 5 PROPOSED LOT 6 By: Description: Date: No. EDGEWOOD TOWNHOMES 540 EDGEWOOD STREET PROPOSED LOT 7 SITE AND UTILITY WILL BE DEEDED TO HOA DEED RESTRICTIONS FOR 7TH LOT WILL BE REQUIRED TO PROHIBIT KERNERSVILLE - FORSYTH - NORTH CAROLINA CONSTRUCTION OF ANY RESIDENTIAL UNIT ON THAT PROPERTY 120 APRIL 2026 AS NOTED E-10882 ZWR SEA Drawn By: Checked By: Job No.: Scale: Date: C-3 Sheet No. Page 21 of 26  STAFF REPORT UNIFIED DEVELOPMENT ORDINANCE TEXT AMENDMENT DOCKET: KT-286 PLANNING BOARD: July 13, 2026 PETITIONER: Curtis Swisher, Agent for the Town of Kernersville REQUEST: Staff requests a text amendment to Article 6 of the Unified Development Ordinance revising language to conform to NC General Statutes and administrative modifications. BACKGROUND: In addition to the changes to Article 6 of the UDO presented in KT-283 (adopted by the Board of Aldermen, July 8, 2026), there are two additional changes proposed with this text amendment. Change #1: Modify the language of UDO Article 6, Section 6.1.3.C regarding delinquent applications to align with NC General Statutes. This section covers administrative applications that have been pending for some time. This change utilizes the language in the NC General Statutes so that there is no ambiguity over the process. Change #2: Add to the list of approved Modifications to Special Use Permits, and Conditional Zoning District Approvals. The UDO’s language regarding modifications approvable by staff was last modified in 2024. Since then, several developments have requested to modify lot sizes after the initial rezoning or Final Development Plan (FDP) site plan was approved; one development wanted smaller lots for smaller buildings based on a changing market, the other wanted to put more stormwater conveyances and ditches into HOA- maintained common area. Currently, staff is unable to approve the requests since modifying lot sizes is not included as an administrative modification. Administrative modifications, under State statute, must be clearly defined with clear, discernable criteria. The added language would allow staff to review and approve changes to lot lines, lot sizes, and configuration of lots within a subdivision so long as the revisions met minimum dimensional standards of the zoning district and do not increase residential density. Changing residential density is expressly prohibited in NCGS 160D-703(b). Further, staff is proposing clarifying language about engineering modifications not requiring a minor modification. Site plans prepared to a Form 1 checklist for either a single phase conditional rezoning or a FDP are not completely engineered plans. The checklist is designed to require the applicant show that the proposed development is constructable; however, as plans are brought to full completion, sometimes additional engineering changes are needed. There is a fine line between an engineering change and a site redesign, so staff provided supplementary examples of “adding or removing stormwater control measures and related infrastructure, placement of retaining walls due to grade changes, and other modifications arising from final engineering calculations and design”. For proposed changes that go beyond final engineering calculations or other, defined minor modifications, staff would invoke the requirement of 6.7.1.B.1, which requires changes to the “basic concept of the site plan” to return through the method the plan was originally approved. Page 22 of 26 ANALYSIS: Staff finds these modifications seek to bring the UDO into conformance with adopted State Law as well as provide an avenue for small, reasonable changes to site plans due to market conditions or engineering changes, while still limiting the chance of a “bait and switch” through a minor modification process. RECOMMENDATION: Staff recommends approval of the following ordinance. Page 23 of 26  ORDINANCE NO. O-2026-_____ AN ORDINANCE AMENDING THE UNIFIED DEVELOPMENT ORDINANCE BE IT ORDAINED by the Board of Aldermen of the Town of Kernersville, North Carolina, that the Unified Development Ordinance (UDO) is hereby amended as follows: Section 1. Article 6; Section 6.1 6.1 Procedures Generally 6.1.3 Fees. No application subject to the UDO shall be accepted unless it is accompanied by all required fees established by the Board of Aldermen. No permit covering building or other operations regulated by the UDO shall be issued before the applicant pays applicable fees or fines. A. Purpose. To defray a portion of the cost of advertising, as required by law, and of technical services necessitated by applications and petitions, fees shall be charged. F ees shall be established and modified by the Board of Aldermen. Lists of fees shall be maintained on file and available to the public in the respective offices. In accordance with G.S. 160D- 402, all fees collected for the support, administration, and implementation of development regulation shall be used for such purposes only. B. Readvertising, Continuances, or Petitions Remanded to the Planning Board by the Board of Aldermen. When a request for rezoning, zoning text amendment or special use permit authorized by the Board of Aldermen is requested for continuance by the petitioner; or must be continued due to deficient information filed with the petition; or must be con- tinued due to the petition being remanded to the Planning Board by the Board of Aldermen at the applicant's request; and does not require readvertising and a new public hearing held, the fee shall be one-half the original zoning fee. If a case is continued or remanded to allow the applicant to file for a different zone change or permit and must be readvertised and a new public hearing held by the Planning Board, the case will be considered a new petition and be subject to the fees set forth in this Section. C. Fees for Delinquent Applications for Administrative Decisions. When an administra- tive application is placed on hold at the request of the applicant for a period of six (6) consecutive months or more, or the applicant fails to respond to comments or provide additional information reasonably requested by the local or State government for a period of six (6) consecutive months or more, the application review is discontinued and the ad- ministrative application becomes void. The applicant must resubmit the administrative application and pay the appropriate fees to take action on the request, and the development regulations in effect at the time processing begins as to the resubmittal of the administra- tive application shall apply. Resubmittal fees shall apply according to the Board of Alder- men approved fee schedule. When an administrative application is delayed by the appli- cant without action for over three (3) months it shall be considered delinquent and become void. The applicant must submit a new application and pay the appropriate fees to take action on the request. Resubmittal fees may apply according to the Board of Aldermen approved fee schedule. Page 24 of 26 Section 2. Article 6; Section 6.7 6.7 Modifications to Approvals 6.7.1 Modifications to Special Use Permits, and Conditional Zoning District Approvals. A. Minor Modifications. The Community Development Director or designee and Town Manager shall both review and act on minor modifications to special use permits or conditional zoning district terms and conditions that do not involve a change in uses permitted or the density of overall development permitted. Any other modification of the terms and conditions in a special use permit or conditional zoning district must be reviewed and approved in the same manner as the original approval. Minor modifications must comply with underlying zoning standards and other applicable conditions of approval. Engineering modifications, such as adding or removing stormwater control measures and related infrastructure, placement of retaining walls due to grade changes, and other modifications arising from final engineering calculations and design do not require a minor modification. Minor Modifications subject to administrative approval may include: 1. Location of building, fences, walls, plantings and outside lighting. 2. Orientation of buildings. 3. Building elevations, so long as material(s) used do not deviate from any adopted Or- dinance conditions or UDO requirements. 4. Parking layout, including number of parking spaces, provided proposal meets the parking requirements of the UDO. 5. Internal driveway and street configuration. 6. Distribution of units among individual building(s) and number of building(s) on a single parcel so long as the change does not increase the total gross square footage approved. 7. Type of recreation facilities so long as there is no reduction in site area devoted to recreation. 8. Location of all signs. 9. Buffer strips and screen plantings, provided the proposal meets the landscape and bufferyard requirements of the UDO. 10. Buildings, other than multiple-story buildings, may be moved closer to public streets, provided the proposal meets the setback requirements of the UDO, and setbacks man- dated by adopted transportation plans. 11. Lot lines, lot sizes, or configuration of lots, provided the proposal meets the minimum lot dimensional standards of the base zoning district. Residential density may not be changed in accordance with NCGS 160D-703(b). B. Major Modifications. The following changes are considered to be major modifications to an approved special use permit or conditional zoning and are not allowed as a minor administrative change: 1. Basic concept of the site plan. 2. Residential density, calculated as units per acre. 3. The total number of non-residential units originally approved. 4. An increase of the total gross square footage of commercial building(s). 5. Number or location of access points to public streets unless proposed changes to ac- cess point(s) improve public safety. Page 25 of 26  6. Any change of the terms and conditions in a special use permit or conditional zoning district that does not qualify as a minor modification must be reviewed and approved in the same manner as the original approval. Section 3. This Ordinance shall be effective upon adoption. Adopted this the _____ day of August, 2026. _____________________________ Dawn H. Morgan, Mayor ATTEST: ______________________________ Keith Hooker, Town Clerk Page 26 of 26