* This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting. [00:00:03] WELCOME. [I. CALL TO ORDER] I CALL TO ORDER THE MAY 16TH MEETING OF THE NEWBURN PLANNING AND ZONING BOARD. UM, KENDRICK, CAN I GET A ROLL CALL, PLEASE? YES, SIR. BOARD MEMBER KYLE DEER HERE. BOARD MEMBER MARK DUNN HERE. SHE MADE IT. BOARD MEMBER. SO ILUSO HERE BOARD, OR EXCUSE ME, CHAIRMAN. BRAD JEFFERSON. HERE. BOARD MEMBER RUSTY INGRAM. HERE. BOARD MEMBER KELLY KAISER. HERE. BOARD MEMBER THOMAS BROWNELL HERE. AND BOARD MEMBER MARSHALL BOW HERE. AND WE DO HAVE A QUORUM, MR. CHAIRMAN. ALL RIGHT. THANK YOU. KENDRICK. UH, ALL PLEASE JOIN ME IN RISING FOR THE PLEDGE OF ALLEGIANCE, UH, PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVISIBLE, WITH LIBERTY. JUSTICE. JUSTICE. UM, ITEM NUMBER FOUR, [IV. CHAIRMAN’S REMARKS] CHAIRMAN'S REMARKS. THERE'S BEEN A CHANGE TO THIS. UH, MY OR MY INTENT WAS TO GO OVER THE RULES AND PROCEDURES I SHARED WITH THE BOARD. UM, HOWEVER, UM, THIS AFTERNOON I HAD A MEETING WITH CITY STAFF AND WITH LEGAL, AND THERE ARE SOME, SOME LANGUAGE THAT THEY WANT TO ADD, BUT IT'S NOT GONNA TAKE ANYTHING AWAY, I DON'T BELIEVE FROM WHAT WE'VE GOT. SO WHAT I'M ASK, WHAT I'M GONNA ASK IS FOR EVERYONE TO EMAIL ME YOUR COMMENTS ON THIS. UM, AND, UH, LEGAL'S GONNA GET BACK WITH ME. I'LL SEND OUT ANOTHER ONE AND THEN WE'LL GIVE THIS THING A, A GOOD WORK THROUGH VIA EMAIL. THEN IN THE JUNE MEETING, WE'LL PUT IT OUT, THE PUBLIC CAN SEE IT, AND THEN WE CAN VOTE ON IT, UM, IN THAT. AND IF THERE'S ANY DISCUSSION THAT NEEDS TO BE HAD, WE CAN HAVE THAT DURING THAT MEETING. UM, LET'S KEEP THAT. UM, HAVING SAID THAT, WE'RE GOING TO MOVE, WE'RE GONNA CHANGE THINGS AROUND AS WELL. SOMETHING ELSE ON THIS. SO WE'RE GONNA DO ACTION [V.A. Carolina Colours, Bayberry Park, Phase 4 (General Plan)] ITEM FIVE A CAROLINA COLORS, BRIBERRY PARK, PHASE FOUR, KENRICK. DO YOU HAVE A BRIEF FOR US? ALRIGHT. GOOD EVENING, MR. CHAIRMAN. AND HOPEFULLY, I'M TRYING TO MAKE SURE THIS MIC IS ACTIVE THIS TIME. IT'S GOOD. SO, UH, AND TO THE BOARD AS WELL. BUT OUR FIRST ITEM HERE FOR TONIGHT IS, UH, CAROLINA COLORS BAYBERRY PARK, PHASE FOUR. THIS IS A CLUSTER DEVELOPMENT GENERAL PLAN SUBMITTAL, UM, SUBDIVISION, OR EXCUSE ME, MAJOR SUBDIVISION 0 0 2 8 7 2 20 24. OUR SCREENS ARE NOT ON. YEAH, OUR SCREENS ARE BLANK. OH, WELL I'M SORRY ABOUT THAT. I DON'T KNOW THAT I CAN FIX THAT. UNFORTUNATELY. , UH, MR. ROBERT MAY TRY TO SEE IF HE CAN GET THAT BACK UP. I'M SORRY ABOUT THAT THOUGH. WHY DON'T YOU MAKE THAT MOTION WHILE WE'RE WAITING TO SEE IF WE CAN GET THESE CORRECT TO CHANGE IT , UH, AND FOR THE PUBLIC COMPANY AND FOR THE PUBLIC COMMENT. YES. YES. I'LL KIND OF LEAD YOU THROUGH IT AND HOPEFULLY IF YOU DO HAVE QUESTIONS, UM, I'LL TRY TO SEE IF I CAN REITERATE AND GO BACK THROUGH AND MAKE SURE THAT YOU UNDERSTAND WHO'S WHAT AND, UM, WHAT'S WHERE. SO, OKAY. UM, THE REQUEST SUMMARY, THE APPLICANT IS THOMAS, ENGINEERING PA FOR JOHN G. THOMAS. UH, THE OWNER IS OVERLOOK HOLDINGS, LLC, AND THE LOCATION IS AT OR NEAR THE INTERSECTION OF ONYX LANE AND SPRING GREEN PASS. THIS IS IN NEW BERN, NORTH CAROLINA. THE EXISTING ZONING CURRENTLY IS RESIDENTIAL EIGHT OR R DASH EIGHT, AND THEN THE APPROXIMATE SIZE IS TOTALING 107.97 ACRES. AND THE OVERVIEW, UH, FOR THE ACTUAL ITEM HERE, THE PROPOSED CLUSTER DEVELOPMENT IS SUPPOSED TO BE FOR 140, SINGLE FAMILY DETACHED, UH, RESIDENCES OR LOTS. UM, THESE SUBJECT PROPERTIES ARE CURRENT, OR EXCUSE ME, UH, SUBJECT PROPERTIES CURRENTLY ZONE RESIDENTIAL EIGHT OR R DASH EIGHT. THIS IS ESTABLISHED AS A RESIDENTIAL ZONING DISTRICT FOR OUR LAND USE ORDINANCE. AND THE LAST THING HERE, THE PURPOSE FOR AN ACTUAL RESIDENTIAL DISTRICT IS TO PROVIDE COMFORTABILITY, UH, HEALTHY ENVIRONMENT, SAFE AND PLEASANT ENVIRONMENT AS WELL IN WHICH TO LIVE, UM, SHELTERED FROM INCOMPATIBLE OR DISRUPTIVE ACTIVITY. UH, ESSENTIALLY SOMETHING THAT'S NOT SUPPOSED TO BE IN A RESIDENTIAL DISTRICT. SO, ALL RIGHT. AND UNFORTUNATELY, I DON'T KNOW IF YOU CAN SEE IT, BUT NO, THERE'S A VICINITY MAP THAT I HAVE POSTED RIGHT NOW CURRENTLY JUST TO HIGHLIGHT THE ACTUAL MAIN PORTION OF THE, UH, PARCEL. AND THAT MAIN PORTION IS THE CENTERING POINT. THE OTHER TWO SECTIONS THAT YOU SEE WERE PREVIOUS PORTIONS OR MAYBE PROJECTED IN FOR THE FUTURE. UM, BUT THE CENTER PORTION THERE IS THE PRIMARY THAT WE'RE FOCUSED ON RIGHT NOW [00:05:03] AND FOLLOWED BY THAT, HERE'S A BUFFER MAP. AND AGAIN, IT'S KIND OF SIMILAR TO SOME OF THE PREVIOUS ONES THAT YOU'VE ALREADY EXPERIENCED, BUT WE HAVE TO TAKE THE BUFFER MAP AROUND THE ENTIRETY OF THE PARCEL. UM, THIS WAS DONE AND COMPLETED SUCCESSFULLY, UH, TO MAKE SURE TO INDICATE, UH, THAT THAT PORTION ON THAT PARCEL IN ITS ENTIRETY FOR THE BUFFER MAP, SO THAT'S WITHIN A HUNDRED FEET AS WELL, ALL RESIDENTS AND CITIZENS WITHIN A HUNDRED FEET OF THE ACTUAL PARCEL WOULD RECEIVE NOTIFICATION. AND HERE IS A AERIAL MAP JUST TO KIND OF HIGHLIGHT WHAT'S CURRENTLY PHYSICALLY THERE AS WELL. UM, THIS IS FROM 2021 AND FOLLOWING. LASTLY, UM, HERE IS THE ZONING MAP, WHICH HIGHLIGHTS THE R DASH EIGHT OR AT LEAST REFLECTS THE R DASH EIGHT YELLOWISH COLOR. SO THAT IS THE RESIDENTIAL DISTRICT HERE, AND THAT'S FOLLOWED BY THE SITE PLAN FOR THE ENTIRETY OF THE PROJECT HERE, UH, SHOWING THE ACTUAL LOT LAYOUTS AND THINGS TO THAT EFFECT FOR THE ACTUAL ITEM. UM, THERE WAS SEVERAL QUESTIONS FROM PREVIOUS, SO WE TRY TO INCORPORATE THAT THIS TIME, MAKE SURE THAT THAT WAS ALSO SENT OUT TO FOLKS, UM, WHO RECEIVED A, A LETTER AND STAFF'S EVALUATION. UM, THE PROPOSED SUBDIVISION MEETS ALL THE REQUIREMENTS THAT WERE SET FORTH IN THE CITY OF NEW BERN, UH, NEW BERN'S LAND USE ORDINANCE. AND ALL THE COMMENTS HAVE BEEN ADDRESSED OR AT LEAST, UH, SPECIFICALLY ACKNOWLEDGED AS WELL. UM, THERE WAS A RESPONSE LETTER THAT WAS GENERATED BY THE APPLICANT AT MY REQUEST TO ACKNOWLEDGE EACH INDIVIDUAL COMMENT. SO, AND THEY HAVE DONE THAT, AND I'LL PUT THIS BACK ONTO THE ACTUAL SITE PLAN, BUT IF ANYBODY HAS ANY QUESTIONS, I UNDERSTAND. I'M SORRY FOR THE TECHNICAL DIFFICULTIES, BUT YOU'RE WELCOME TO ASK ANY QUESTIONS. ALRIGHT, NO PROBLEM. UM, THANKS KENDRICK. I WILL ENTERTAIN A MOTION FOR, UM, PUBLIC COMMENT AND A LENGTH OF TIME PER COMMENT. YEAH, I WOULD LIKE TO LIMIT THE, UH, THE LENGTH OF TIME TO THE PUBLIC COMMENT. THREE MINUTES. OKAY. AND MAY WE PUSH THAT UP TO PUT IT AFTER? SO LET'S SEE. SO WE'RE GONNA MAKE, SO THE MOTION WILL BE TO MOVE PUBLIC COMMENT NOW AND LIMIT THE TIME TO THREE MINUTES. THAT'S CORRECT. CORRECT. WE HAVE, ALRIGHT, WE HAVE A MOTION. DO WE HAVE A SECOND? SECOND, MR. CHAIR, JUST TO BE CLEAR, ARE THE PUBLIC COMMENTS, GENERAL PUBLIC COMMENTS OR COMMENTS ON THIS PARTICULAR APPLICATION? COMMENTS ON THIS PARTICULAR APPLICATION? I HAVE A MOTION. I HAVE A SECOND. ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED. MOTION CARRIES. OKAY, SO BEFORE OUR DISCUSSION FROM THE BOARD, UM, I, I'LL INVITE, UM, LET'S SEE, DIANE BAUER UP AND JUST, UM, BRIEFLY, UM, THE ROLE OF THIS BOARD IS A TECHNICAL REVIEW. UM, THE FINAL APPROVAL FOR THIS MATTER WILL BE TO THE BOARD OF TUM. UM, YOU HAVE FOUR MINUTES. OKAY. UM, GOOD EVENING EVERYONE. THREE MINUTES. I APOLOGIZE. UM, MY NAME IS DIANE BAUER. I LIVE AT 38 0 9 BURWOOD LANE, UM, IN THIS VICINITY. UM, MY QUESTION IS, UM, WITH ALL THIS BUILDING, THERE IS BASICALLY ONE ACCESS TO COME OUT TO WATERSCAPE AND FROM WATERSCAPE IN THE COMMUNITY. THERE'S A FRONT EXIT AND A BACK EXIT WITH THIS ADDITIONAL, UM, HOUSING UNIT PLUS THE ADDITIONAL THAT WE HAD JUST RECEIVED. WE'RE UP TO NOW 200 ADDITIONAL HOMES WITH THIS ACCESS WITH BUSES COMING IN AGAIN. AND I REALLY WANNA SEE IF WE CAN DO A TRAFFIC IMPACT ANALYSIS TO SEE IF WE SHOULD GET ANOTHER ROAD COMING OUT TO COUNTY LINE ROAD TO EASE THAT BURDEN IF THERE IS AN EMERGENCY, YOU KNOW, WE NEED DIFFERENT ACCESSES BECAUSE WE'RE ALL, ALL GONNA GET JAMMED UP IN THERE. UM, SO I THINK THAT THAT'S AN IMPORTANT ASPECT THAT WE REALLY NEED TO HAVE FROM THE CITY BECAUSE MOVING FORWARD WE KNOW THAT MORE LAND WILL BE DEVELOPED AND AT THIS POINT THERE NEEDS TO BE A, A SEPARATE ACCESS TO GET IN AND OUT FROM THE DEVELOPMENT. THAT'S IT. ALRIGHT, THANK YOU. THANK YOU. UM, NEXT WITH MR. CHAIRMAN? YES. YES SIR. THIS BOARD ACTUALLY DOES HAVE THE APPROVAL AUTHORITY FOR FINAL PLATS. OKAY. THIS WOULD, THIS WOULD NOT BE THE SAME AS A REZONING. OKAY. RIGHT. OKAY. ALRIGHT. UM, NEXT UP WOULD BE RUSS BAUER. SHE KIND OF SPOKE FOR ME. OKAY. UM, BUT JUST TO HIGHLIGHT THAT, MY CONCERN IS WITH EMERGENCY EGRESS AND SHOULD FIRE FLOODING, EVACUATION, YOU KNOW, WHATEVER HAVE YOU, AND THERE ARE ONLY TWO, UH, THREE ONE BACK TO AIRPORT ROAD ON THE OPPOSITE SIDE OF THE DEVELOPMENT AND THEN THE TWO ON WATERSCAPE HEADING OUT. PLUS, WITH THE WILCOX TO OTHER DEVELOPMENTS, YOU'VE REALLY GOT A BOTTLENECK [00:10:01] IN THERE THAT YOU NEED TO CONSIDER. NOT JUST THE BUILDING THAT'S GOING ON RIGHT NOW, WHAT THE EXISTING HOUSING THAT ALSO ACCESS THAT AREA IS FROM. AND WHEN YOU'RE LOOKING AT ONLY THAT CENTER PORTION, IT'S OBVIOUS THOSE BIGGER EDGE EDGE PORTIONS ARE ALSO GONNA BE FILLED IN. SO THERE'S GOTTA BE FORWARD LOOKING PROGNOSTICATION, IF YOU WILL, AS TO HOW BAD THAT COULD GET. AND IT'S STRICTLY MY CONCERN IS STRICTLY A SAFETY CONCERN, QUITE FRANKLY. ALRIGHT. SO, SO I HAVE A QUESTION FOR CITY STAFF. SO HOW WOULD THIS GET DISCUSSED? I MEAN, WE'RE DOING GENERAL PLAN APPROVAL IF WE GO FORWARD WITH THIS, RIGHT? SO THIS TYPE OF, UH, COMMENT ABOUT ADDITIONAL EGRESS POINTS, HOW DOES THAT GET ADDRESSED? SO AS FAR AS FOR, UH, FROM A CITY STAFF PERSPECTIVE, THIS GETS ADDRESSED THROUGH DRC. SO ANY COMMENTS THAT ARE PERTAINING TO TRAFFIC AND THINGS OF THAT EFFECT PRIMARILY GET LOOKED AT THROUGH PUBLIC WORKS. UM, IF THEY PROCEED WITH COMMENTS, THEN OF COURSE THOSE COMMENTS ARE THEN PASSED BACK TO THE APPLICANT TO MAKE SURE THAT THEY ADDRESS THOSE. UM, THAT'S A BIG PART OF THE REASON AS WELL TO MAKE SURE THAT THEY DO PROVIDE A RESPONSE LETTER TO SET COMMENTS. MM-HMM. , UM, AND THEY, THEY'VE DONE THAT. UM, IF PUBLIC WORKS DOESN'T RAISE ANY DIFFERENCE OF OPINIONS VERSUS WITH WHAT'S THERE AS FAR AS FROM A TRAFFIC PERSPECTIVE. AND PRIMARILY IT'S NOT SOMETHING THAT I CAN RAISE IN PARTICULAR. WELL, CAN CITY STAFF MAKE A STATEMENT TO PUBLIC WORKS THAT COMMENTS WERE BROUGHT UP IN THE PLANNING AND ZONING BOARD MEETING THAT THIS IS AT LEAST A CONCERN OF THE COMMUNITY AND THAT IF THERE'S A, ANY KIND OF ANALYSIS THAT'S DONE, YOU KNOW, IT'D BE CONSIDERED. WE, I WOULD SAY WE PROBABLY COULD. I CAN'T GIVE A DEFINITIVE THAT ANYTHING WOULD BE, UM, CHANGED OR NO, UNDERSTOOD. NO, NO. JUST, JUST TO SAY IF THERE WAS AN ANALYSIS DONE THAT THAT COMMENTS FROM THE PUBLIC WERE AT LEAST CONSIDERED ABSOLUTELY. FOR DRC COMMENT YES, WE COULD, WE COULD MAKE THAT COMMENT. OKAY. UM, ABSOLUTELY WE COULD DO THAT. SO, OKAY. TO BE CLEAR, WE DO NOT HAVE A TRAFFIC IMPACT ANALYSIS REQUIREMENT AND WE COULD NOT CONDITION THIS APPROVAL BASED ON THAT. AND, AND MR. UM, RUSTY, I CAN'T SEE YOUR LAST NAME. I'M SORRY. THAT'S, UM, I UNDERSTAND. AND, AND THIS ISSUE HAS COME UP SEVERAL TIMES IN THE PAST ABOUT, UM, TRAFFIC AND WAYS TO GET OUT OF VARIOUS DIFFERENT SUBDIVISIONS. AND BECAUSE THIS BOARD IS A TECHNICAL REVIEW BOARD, YOU ARE COMPARING THE PLAN AS SUBMITTED TO THE REQUIREMENTS OF THE LAND USE ORDINANCE. AND IF, UM, INDIVIDUALS ARE DISSATISFIED THAT THERE ARE NOT ADDITIONAL REQUIREMENTS IN THE LAND USE ORDINANCE, THAT THOSE COMMENTS SHOULD BE DIRECTED TO THE BOARD OF ALDERMAN, SEEING AS THEY ARE THE GOVERNING BOARD THAT ADOPTS AND AMENDS THE LAND USE ORDINANCE. NO, I UNDERSTOOD. AND, AND JUST TO BE CLEAR, I WASN'T MAKING A COMMENT ABOUT WHETHER WE HAVE THE ABILITY TO ADJUDICATE SOMETHING LIKE THAT OURSELVES. MM-HMM. , I'M, I'M NOT SUGGESTING THAT ALL I'M SUGGESTING IS, IS IF THERE'S PUBLIC COMMENT AND, AND THINGS ARE RAISED, CAN THAT BE SHARED WITH THE APPROPRIATE AGENCY SO THEY COULD AT LEAST BE AWARE THAT, THAT'S ALL I'M SUGGESTING. RIGHT. AND, AND THE APPLICANT I BELIEVE IS HERE OR REPRESENTATIVES FROM THE APPLICANT SO THEY'RE ABLE TO HEAR THE PUBLIC COMMENT IN THE ROOM. THAT'S GREAT. SO THAT, I THINK THAT CONCERN IS BEING ADDRESSED. OKAY. OKAY. THANK YOU. ALRIGHT, UH, NEXT UP, UH, RON LARSON, FREE MINUTES. UH, GOOD EVENING. APPRECIATE THE OPPORTUNITY. UM, RON LARSON, I AM AT, UH, 4,300 ONYX LANE IN THE, UH, BAYBERRY VERDANT, UH, AREA THERE. UM, JUST A FEW COMMENTS. UM, UH, I, I THINK A FEW FOR, FOR, FOR THIS BOARD IN QUESTIONS I ECHO THE, THE TRAFFIC ISSUE. I, I THINK WE ALL UNDERSTAND HAVING, BEING THERE DAY IN AND DAY OUT, WHAT THAT'S GONNA LOOK LIKE, WHAT IT LOOKS LIKE NOW AND WHAT IT COULD POTENTIALLY LOOK LIKE WITH THE, WITH THE ADDITIONAL PROPERTIES. SO, SO SOME OTHER FORM OF EGRESS, UH, UH, WOULD CERTAINLY BE, BE HELPFUL. UM, ANOTHER CONCERN I HAVE IS GIVEN THE AMOUNT OF, UM, UH, DEVELOPMENT THAT'S HAPPENING, NOT JUST IN CAROLINA COLORS, BUT IN AND AROUND IS, IS REALLY THE, THE, THE, THE ABILITY FOR EMERGENCY SERVICES TO HANDLE THAT. HAS THE CITY CONSIDERED WHAT THAT'S GONNA LOOK LIKE IN THE FUTURE WITH ALL THE NEW HOUSING DEVELOPMENTS WITH, YOU KNOW, WITH, WITH FIRE, WITH, WITH POLICE, WITH, UH, UH, OTHER EMERGENCY SERVICES? I, I WAS HOPING THAT THAT COULD BE ADDRESSED AND MAKE SURE THAT THAT WAS LOOKED AT. UM, AND THE THIRD COMMENT IS REALLY, UH, UH, PRIMARILY JUST ABOUT THE DEVELOPMENT ITSELF. UM, THERE'S THREE PLOTS IN THE AREA THAT ARE CONSIDERED KIND OF PARK AREA, UH, THAT ARE ADJACENT TO THE BUILD. ONE OF THEM HAS A, A CHILDREN'S PLAYGROUND ON IT. UM, THE WAY THE LAYOUT IS RIGHT NOW ON CRIMSON WALK, CRIMSON WALK LOOKS LIKE IT'S GONNA BE BUILT THROUGH RIGHT ADJACENT TO THAT PLAYGROUND. THAT ROAD REALLY DOESN'T SERVE A PURPOSE BECAUSE IT, IT TERMINATES AT THE, AT THE OTHER END, AT, UH, AT CINNAMON, CINNAMON RUN. AND IT JUST FEEDS BACK INTO THE OTHER ROADS OF [00:15:01] EGRESS. SO IF THERE'S, IF THE, IF THE, IF THE, YOU KNOW, DEVELOPER CAN CONSIDER JUST LEAVING THAT AND, AND NOT BUILDING THAT THROUGH, I THINK THAT WOULD HELP WITH JUST THE, THE FEEL OF THE AREA, THE PARK, LIKE THE AREA. AND AGAIN, IT'S RIGHT ADJACENT TO WHERE THE CHILDREN'S PLAYGROUND IS RIGHT THERE. SO IF, IF THAT CAN BE CONSIDERED AS PART OF THE DEVELOPMENT, THAT WOULD BE APPRECIATED. I'VE KNOWN THE DEVELOPMENT'S GONNA HAPPEN. YOU KNOW, IT'S, IT WAS PART OF THE PLAN, I KNEW IT COMING IN. UM, SO I'M NOT, YOU KNOW, I'M NOT WORRIED ABOUT THE PLAN, I'M JUST WORRIED ABOUT HOW THE CITY IS GOING TO ADAPT AND TO UH, UH, UH, TO MAKE SURE THAT THE CITIZENS THAT ARE MOVING THERE ARE PROPERLY SERVED BY THE CITY. THANK YOU. THANK YOU. UM, I'LL SAY I DON'T SPEAK FOR THE CITY, BUT I KNOW THEY ARE LOOKING AT CITY GROWTH AND ANY QUESTIONS LIKE THAT, I WOULD ALSO RECOMMEND TALKING TO YOUR ALDERMAN OR THE BOARD, UM, AND ASKING THOSE QUESTIONS. THEY'RE, THEY'RE VALID QUESTIONS AND THE, IF THE CITY ISN'T KEEPING TRACK OF IT, THEY NEED TO BE AND IT SAYS SHOULD, SHOULD KEEP 'EM ON THAT. UM, I HAVE ONE OTHER AND I DON'T, IT SAYS NA HERE, BOBBY BILLINGSLEY OR DO YOU WANT TO COMMENT ON THIS ITEM OR THE, UH, SCHOOL MORTAR ITEM OR DID YOU HAVE A GENERAL COMMENT? NO, I'M THE APPLICANT. I REPRESENT THOMAS ENGINEERING. OKAY, PERFECT. UM, I WOULD JUST LIKE TO BE HERE TO ANSWER QUESTIONS AND WHATNOT. A COUPLE OF THINGS THAT HAVE COME UP AS THE DEVELOPMENT OF FUTURE PROPERTIES. UM, WE'RE PRETTY MUCH BOUND, UM, BY WETLANDS AND BLUE LINE STREAMS, SO THERE'S NOT GONNA BE ANYTHING ELSE. WE HAVE ONE LITTLE FUTURE DEVELOPMENT AREA. SOMETHING MAY OR MAY NOT HAPPEN WITHOUT, BUT IN THIS DIRECTION, NOTHING ELSE IS GONNA HAPPEN WITHOUT SOME SERIOUS BRIDGES. UM, AS FAR AS THE, UM, THE EARLIER GENTLEMAN SUGGESTED WE LOOK AT REMOVING THAT ROAD, I THINK WE COULD, WE CAN LOOK AT THAT. KIP AN EYE, UH, KIP PARAGO HERE OVERLOOK ALL. UM, I, I WOULD NOT LIKE IT TO BE A CONDITION OF THE APPROVAL OF THIS GENERAL PLAN. HOWEVER, UM, AS FAR AS CONNECTIVITY, THERE'S TWO OUTS TO WATERSCAPE WAY RIGHT NOW AND WE HAVE ALL KINDS OF INTERCONNECTIVITY, UM, INTERIOR TO IT, SIMILAR TO WHAT WE NORMALLY DO. UM, THIS DEVELOPMENT IS, UH, ADJACENT TO SOMETHING. UH, BAYBERRY PARK THREE IS SIMILAR TO WHAT WE'RE DOING NOW. BAYBERRY FOUR UM, IS SIMILAR TO THE SHARA PROJECT THAT WE JUST CAME THROUGH WITH. UM, SO I THINK IT'S IN ORDER. UM, ANYWAY, I'D JUST LIKE TO JUST SAY WE'RE HERE AND ANSWER QUESTIONS OR FUTURE COMMENTS, WHATEVER. OKAY. I'LL, UH, I WILL OPEN UP TO THE BOARD FOR DISCUSSION ON ITEM NUMBER FIVE A. WELL, I DO SEE THAT, YOU KNOW, DURING THE GENERAL PLAN WHEN IT WAS SUBMITTED THAT, YOU KNOW, THE FIRE MARSHAL POLICE DEPARTMENT, ALL THE STAFF HAVE HAD THEIR OPPORTUNITY TO GO THROUGH THE GENERAL PLAN COMPLETELY. AND I'M JUST, I WAS JUST GOING BACK AND LOOKING AT THEIR, THEY DON'T HAVE COMMENTS OR, OR THEY BASICALLY, THEY WERE SATISFIED WITH THE CONNECTIVITY AT THAT TIME. SO I HAVE, YOU HAVE TO ASSUME THAT, UM, THEY DID AN ANALYSIS THEMSELVES TO UNDERSTAND, YOU KNOW, WHAT WAS SAFE OR NOT. RIGHT. SO ANY OTHER COMMENT OR QUESTIONS FROM THE BOARD? IF NOT, I WILL ENTERTAIN A MOTION ON THIS ITEM. EXCUSE ME. I'M SORRY. UM, I DIDN'T HAVE A, EXCUSE ME MA'AM. UH, WE, UM, I DIDN'T CLOSE THE PUBLIC HEARING. WELL, IT'S NOT A PUBLIC HEARING. YOU ENTERTAINED PUBLIC COMMENTS. OKAY. UM, REAL QUICK, UH, DOES UH, ANYBODY UH, ON THE BOARD OF PROS, UH, THIS UH, LADY MAKE NO COMMENT? NO. NO. OKAY. YES, I APOLOGIZE. I DIDN'T HAVE A CHANCE TO SIGN UP AHEAD OF TIME. FAIR ENOUGH. UM, MY NAME IS CHRIS VASCO. I LIVE ON BURLEY WOOD, WHICH BACKS UP TO THE PROPOSED DEVELOPMENT AND UM, I DON'T HAVE ANYTHING NEW TO ADD, I JUST WANT TO GO ON RECORD AS THAT. UM, I ALSO AM CONCERNED ABOUT THE TRAFFIC IMPACT AND THE IMPACT ON EMERGENCY SERVICES AND UM, WANNA GO ON RECORD TO REQUEST AN IMPACT, UH, TRAFFIC IMPACT STUDY. ALTHOUGH I KNOW APPARENTLY IT'S NOT CONDITIONED THE APPROVAL ON THAT STUDY. I THINK IT, WHO'S EVERYBODY AND IT'S IN THE COMMUNITY'S BEST INTEREST TO DO THAT. THAT'S ALL. THANK YOU. ALRIGHT, THANK YOU VERY MUCH. IS ANYBODY OPPOSED TO HAVING ONE MORE GENTLEMAN SPEAK? NO, NO, NO. COME ON UP. SO YOU HAVE THREE MINUTES. UH, HI. I AM RICK MYERS. I LIVE ON UH, SPRING GREEN PASS. UM, AS I LOOK AT THIS, YOU KNOW, THE TALK ABOUT EGRESSING OUT OF THERE, I MEAN IT LOOKS LIKE THE MAJORITY OF THE TRAFFIC WILL GO DOWN SPRING GREEN PASS TO GET TO WATERSCAPE. I MEAN, IT'S ALMOST THE ONLY WAY OUT OF THERE, UH, FOR THE MAJORITY OF THEM PEOPLE. AND OF COURSE THAT'S A BIG CONCERN 'CAUSE WE'VE ALREADY GOT HEAVIER TRAFFIC ON THAT ROAD JUST DUE TO THE DEVELOPMENT THAT'S ALREADY HAPPENED. AND I CAN'T EVEN IMAGINE WITH ALL THEM PEOPLE GOING DOWN THAT ROAD AND ON, ON THAT SECTION OF SPRING GREEN WHERE WE LIVE, WE [00:20:01] DON'T EVEN HAVE SIDEWALKS. SO THE PEOPLE WALKING ON THE ROAD WITH THEIR DUCK, WITH THEIR PETS, CHILDREN PLAYING ON THE ROAD, SO FORTH AND SO ON, PEOPLE ARE COMING DOWN THAT ROAD NOW ABOVE 35 MILES AN HOUR. AND MOSTLY IT'S CONTRACTOR GETTING IN AND OUT OF THERE WITH THE BUILDING THAT'S GOING ON NOW. SO I, I CAN'T EVEN IMAGINE WITH THIS MANY HOMES HOW BAD IT COULD GET ON THAT, ON THAT ONE ROAD. UM, AND THE OTHER CONCERN I HAVE IS, UM, WATER PRESSURE, UH, CAROLINA COLOR'S, WATER PRESSURE IS AT BEST ADEQUATE WITH THIS ADDITIONAL HOMES BEING PUT IN. IS THERE ANY WHAT LOOKING AT WHAT MAY NEED TO BE DONE TO INCREASE WATER PRESSURE? 'CAUSE I, I, I CAN'T IMAGINE JUST GET WORSE MR. CHAIRMAN. I'LL TRY TO CHIME IN ON THAT SO SURE. ABSOLUTELY SIR, IN ACCORDANCE WITH SOME OF YOUR COMMENTS. AND THEN THE, UH, PREVIOUS GENTLEMAN, I BELIEVE HIS NAME WAS MR. RON, UM, BUT OUR DRC, WHICH IS THE DEPARTMENTAL REVIEW COMMITTEE, IT INVOLVES PRETTY MUCH PUBLIC WORKS, WATER RESOURCES, PUBLIC UTILITIES. UM, IT'S A SLEW OF FOLKS THAT HAVE TO DO THESE REVIEWS AND THAT ALSO PERTAINS TO THE FIRE DEPARTMENT AND THE POLICE DEPARTMENT. SO PRETTY MUCH JUST AS, UH, BOARD MEMBER KAISER WAS REFERENCING, THOSE ARE VETTED THROUGH THE GENERAL PLAN APPLICATION PROCESS WHEN THEY FIRST SUBMIT. MM-HMM. . UM, AND ANY COMMENTS RECEIVED, WE MAKE SURE TO PROVIDE THOSE. WELL, MYSELF ACTUALLY, I, I DEAL WITH THAT. UM, I PROVIDE THOSE TO THE APPLICANT FOR THEM TO ADDRESS AND THEY HAVE TO ACKNOWLEDGE IT IN SOME FASHION OR FORM IF THERE IS A COMMENT THAT NEEDS TO BE ACKNOWLEDGED. OKAY. ALRIGHT. THAT ARE MY CONCERNS RIGHT THERE. THANK YOU. YOU'RE WELCOME. AND I WOULD JUST ADD, UM, ALWAYS REMEMBER PHILLIP YOURMAN, THEY'RE, UH, UM, THEY'RE, THEY'RE THE, THEY CAN GET THINGS DONE. THEY DIRECT THINGS. UM, I, I WILL CONTINUE DISCUSSION. I MAKE A MOTION THAT WE PASS, WE RECOMMEND TO THE BOARD OF ALDERMAN TO APPROVE THIS GENERAL PLAN AND IT'S IN ACCORDANCE WITH THE LAND USE ORDINANCES. YEAH, WE'RE NOT, GO AHEAD. SO GENERAL PLAN APPROVAL IS, UM, YOUR PURVIEW. SO IF YOU'RE INCLINED TO APPROVE THIS PLAN, YOU WOULD, THE MOTION WOULD BE STYLED SOMETHING LIKE THIS THAT YOU MOVE TO APPROVE THE GENERAL PLAN APPROVAL FOR CAROLINA CULLS BAYBERRY PART PHASE FOUR AND FIND THAT, OH, THAT'S IT. YEAH. I MISS EARLIER. THAT WAS, THAT'S MY APPROACH. WELL, DO WE APPROVE OR THE BOARD OF ALDERMAN APPROVES GENERAL PLAN APPROVAL VEST WITH YOU ALL. OKAY. AND, AND FINAL PLA AND FINAL PLAN AND FINAL PLAT. OKAY. SO I MOVE, WE APPROVE THE GENERAL PLAN AS, AS APPLIED FOR TWICE NOW. ALL RIGHT. I HAVE A MOTION TO, TO APPROVE. DO I HAVE A SECOND? SECOND. SECOND. I HAVE A MOTION. I HAVE A SECOND. UM, LET'S DO A ROLL CALL. VOTE ON THIS ONE, KEN. SURE. ABSOLUTELY. BOARD MEMBER KYLE DEERE. YES. BOARD MEMBER MARTY DUN. YES. BOARD MEMBER SUNNY LUSO? YES. CHAIRMAN JEFF OR CHAIRMAN BRAD JEFFERSON? YES. BOARD MEMBER RUSTY INGRAM? YES. BOARD MEMBER KELLY KAISER? YES. BOARD MEMBER THOMAS BROWNELL? YES. AND BOARD MEMBER MARSHALL BALLER? YES. ALRIGHT. OKAY. MOTION CARRIES. ITEM NUMBER [V.B. City Stormwater Text Amendment] FIVE B CITY STORM ORDER TEXT AMENDMENT. AND MR. CHAIRMAN, I'M JUST GONNA KIND OF DIRECT THE FLOOR TO, UH, EITHER PUBLIC WORKS OR WHOMEVER MAY BE SPEAKING FOR THIS PARTICULAR ITEM, BUT OKAY. ESSENTIALLY THEY'RE GONNA ENTERTAIN ANY QUESTIONS THAT THE BOARD MIGHT HAVE. OKAY. THANK YOU. GOOD EVENING BOARD. UM, MY NAME'S GEORGE GILES. I'M THE DIRECTOR OF PUBLIC WORKS FOR THE CITY OF NEW BERN. WE HAVE BEEN MANDATED BY THE STATE OF NORTH CAROLINA THAT WE MODIFY OUR LOCAL ORDINANCE TO IMPLEMENT THE REVISED NEWS NOOSE RIVER STORMWATER RULES. THE UPDATED STORMWATER ORDINANCE IS CONSISTENT WITH THE MODEL DEVELOPED BY THE STATE, WHICH HAS BEEN MANDATED TO US AND HAS BEEN REVIEWED AND APPROVED BY THE ENVIRONMENTAL MANAGEMENT COMMISSION AND THE DIVISIONAL WATER RESOURCES. AND TO JUST GIVE YOU A BRIEF SUMMARY OF THIS, OF WHAT WAS MANDATED TO US, WE FOLLOWED THEIR MODEL. IT DOES MAKE EASIER READING IT, IT IS MORE LOGICAL AND SENSE AS YOU READ THROUGH IT AND THERE ARE NO SUBSTANTIAL CHANGES TO IT. THESE ARE JUST UPDATES FROM ACTUALLY THE ORIGINAL 2001 VERSION OF THE MODEL THAT THE STATE HAD ORIGINALLY COME OUT WITH. SO THERE'S NOTHING SUBSTANTIAL IN IT, AS IN CHANGES OF TECHNICAL TERMS OR TREATMENT TO OUR CURRENT PLAN. IT'S JUST SOME OF THE VERBIAGE AND THE WAY IT'S, UH, LAID OUT. YEAH. DOES THE BOARD HAVE ANY QUESTIONS FOR STAFF? I HAVE A COUPLE OF QUESTIONS. OKAY. SO I DID READ THROUGH THE MAJORITY OF IT, . I'M NOT GONNA SAY I'VE READ THROUGH EVERY WORD. IT'S VERY ENTERTAINING PAGE. YEAH. UM, I DID HAVE A COUPLE OF QUESTIONS THOUGH. THERE'S ONE SECTION 15 DASH 5 0 3 IN PURPOSE AND INTENT [00:25:01] UNDER NUMBER SIX. UM, WHY IS THAT STARTED WITH ENCOURAGE AND NOT REQUIRED? I KNOW THIS IS A VERY TECHNICAL QUESTION IT WOULD SEEM THAT WE WOULD WANT TO REQUIRE AND I HAVE TO FIND IT MYSELF. CAN YOU TELL ME WHICH SECTION THAT WAS REAL QUICK COMING. IT'S 15 5 0 3. PAGE THREE. PAGE THREE. PAGE THREE. THANK YOU. NUMBER SIX, ENCOURAGE THE USE OF BETTER MANAGEMENT AND SITE DESIGN PRACTICES SUCH AS THE USE OF VEGETATED CONVEYANCES FOR STORM WATER AND THE PRESERVATION OF GREEN SPACE, RIPARIAN BUFFERS AND OTHER CONSERVATION AREAS TO THE MAXIMUM EXTENT PRACTICAL. I'M GONNA LET, UM, AVERY SMITH, OUR STORMWATER SUPERINTENDENT ADDRESS THAT HE'S WORKED CLOSELY WITH THE CITY ATTORNEY'S OFFICE IN DEVELOPING THESE CHANGES AND WE MAY BE ABLE TO ADDRESS IT. PERFECT. A TECHNICAL VERBIAGE, I COULDN'T TELL YOU RIGHT OFF THE TOP. SURE. GOOD AFTERNOON BOARD. UM, MS. MOLEY CAN EXPLAIN AS WELL AS I DO THE WORD ENCOURAGED IS NOT TO MAKE IT A LEGAL STANDARD TO USE CERTAIN DESIGN CRITERIA TO, TO TREAT STORMWATER. WE HAD THE, THE, THE STORMWATER DESIGN MANUAL THAT STATE OUT IS LET OUT BY THE STATE IS OUT WHAT WE FOLLOW. AND THEY HAVE SOME NEW PRACTICES THAT ARE ACTUALLY A LITTLE, THAT ARE OUTSIDE OF THE MANUAL THAT YOU CAN USE, BUT THEY HAVE TO BE APPROVED BY THE STATE SO THAT IT WORD ENCOURAGEMENT MEANS LIKE, OH, UH, WE WANT, WE WOULDN'T MIND IF YOU USE THAT, BUT YOU DON'T HAVE TO. UH, IT'S, IT'S MORE OF A, A, IT IS, IT'S, IT IS A GRAY AREA AND IT'S THERE ON PURPOSE BECAUSE WE CAN'T FORCE PEOPLE TO DO ANYTHING OUTSIDE OF THE DESIGN MANUAL PER SE. SO WHERE THERE'S A WET POND AND YOU WANT, YOU WOULD PREFER THEM TO USE WETLANDS OR SOMETHING OF THAT NATURE, YOU CAN'T FORCE THAT UPON 'EM. THEY HAVE, THEY HAVE THE CHOICE OF WHAT THEY CAN USE FOR TREATMENT AS LONG AS IT MEETS THE CRITERIA TO TREAT THE WATER DOWN TO THE LEVELS WITH THAT WE SET FOR OUR THRESHOLD. SO THAT'S WHY THEY SAY, I APPRECIATE THAT COMMENT THAT I'M NOT AN ATTORNEY. YEAH, ME NEITHER. , BUT ENCOURAGING THE USE OF BETTER MANAGEMENT AND SITE DESIGN PRACTICES TO ME, REQUIRING THAT SHOULDN'T BE AN ISSUE FOR BETTER MANAGEMENT AND, AND SITE DESIGN PRACTICES. YOU'RE NOT TELLING THEM EXACTLY WHAT TO USE. YOU'RE JUST SAYING YOU NEED TO HAVE BETTER MANAGEMENT IN SITE DESIGN PRACTICES. YES. I'M ARGUING, I'M ARGUING A SPECIFIC POINT AND I SHOULDN'T BE, I'LL LET Y'ALL FIGURE THAT OUT. AND, AND THAT'S A GOOD POINT MR. INGRAM. AND, AND THIS LANGUAGE IS CONTAINED IN A STATEMENT OF INTENT, WHICH ISN'T NECESSARILY BINDING, IT'S NOT A, A RULE. UM, IT IS THE CITY'S GLOBAL, UM, REPRESENTATION OF WHAT THESE RULES AND GUIDELINES WITHIN THE STORMWATER ORDINANCE ARE SUPPOSED TO REPRESENT. SO, AND IT'S MY UNDERSTANDING, MR. CHILD, CORRECT ME IF I'M WRONG, THAT THE LANGUAGE THAT IS BEFORE YOU IS THE LANGUAGE THAT HAS BEEN RECOMMENDED AND APPROVED BY THE STATE AGENCIES, WHICH HAVE A GREAT DEAL OF OVERSIGHT OVER STORMWATER MANAGEMENT. AND IF WE COULD GO ABOVE AND BEYOND WHAT'S HERE, I THINK WE WOULD HAVE, UH, BUT WE ARE CONSTRAINED TO WHAT THE STATE HAS GIVEN US DIRECTION TO, PROVIDED US GUIDANCE ABOUT AND WHAT THEY'VE APPROVED. THAT IS CORRECT THOUGH WE WERE MANDATED FOR THESE CHANGES AND, AND THEY PROVIDED THE MODEL TO FOLLOW AND WE HAVE ADHERED TO THAT MODEL. OKAY. UM, REAL QUICK IS, IS THERE ANYTHING IN THE LAND USE ORDINANCE THAT WE COULD CHANGE THAT WE'RE CURRENTLY WORKING ON THAT COULD IMPACT THE STORMWATER? UM, PERHAPS, UH, I'M NOT PREPARED TO ANSWER THAT QUESTION RIGHT AT THIS MOMENT. OKAY. UM, BUT I, I THINK THE RULES THAT ARE BEING PROMULGATED TODAY, UM, AND, AND I HAVE NOT GONE THROUGH EVERY SINGLE LINE RIGHT. ARE GOING TO ADDRESS THE LINE SHARE OF STORMWATER CONCERNS IN OUR AREA. SURE. OKAY. SURE. I'M JUST CURIOUS. UM, JUST, IT'S JUST TO ME, REQUIRING THE USE OF BETTER PRACTICES MAKES A LOT OF SENSE. YOU'RE NOT TELLING 'EM EXACTLY HOW TO DO IT, YOU'RE JUST SAYING USE BETTER PRACTICES. SO, BUT IF YOU GUYS CAN LOOK AT THAT, THAT WOULD BE GREAT. THE ONLY OTHER QUESTION I HAD WAS IN SECTION 15, 5 0 5, WHICH IS PAGE FIVE, DO WE HAVE A STORM WATER ADMINISTRATOR, MR. SMITH? THAT WAS THE WATER YOU WERE INTRODUCED, BUT I WANTED TO JUST ASK THE QUESTION. SURE. YES WE DO. OKAY. ALRIGHT. FAIR ENOUGH. THAT'S ALL THE QUESTIONS I HAVE. I'VE HEARD HE'S D HE DOES A GREAT JOB, BY THE WAY. THAT'S WHY I HEARD, SO YOU HAD THE ANSWER TO THE QUESTIONS. SO MY DEFINITION, UM, ANY MORE DISCUSSION ON I NO, WE'VE BEEN ASKED TO, UM, EITHER RECOMMEND OR NOT RECOMMEND TO THE BOARD OF ALL THEM. SO THAT NEEDS TO BE IN THE, UM, IN THE MOTION. AND MR. CHAIR, UM, IN THE SPIRIT OF BEING HELPFUL, IF THE BOARD IS INCLINED TO RECOMMEND APPROVAL OF THIS STORM ORDER ORDINANCE, THE MOTION WOULD BE STYLED TO THE EFFECT AND ONE RECOMMEND TO THE BOARD OF ALDERMAN, UM, APPROVAL OF THE CITY STORM WATER ORDINANCE AND ALSO FINDING THAT THE ORDINANCE IS CONSISTENT WITH, UH, CITY LAND USE PLANS. THERE YOU GO. I'LL ENTERTAIN A MOTION. OKAY. I, I'LL RECOMMEND, I, I MAKE A MOTION THAT WE RECOMMEND TO THE BOARD OF ALDERMAN TO IMPROVE THE STORM WATER MANAGEMENT [00:30:01] COORDINATE CHANGE AND THAT IT IS CONSISTENT WITH THE LAND USE ORDINANCE OF THE CITY OF NEW. I HAVE A MOTION. I HAVE A SECOND. ANY MORE DISCUSSION? UH, ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? MOTION CARRIES. UM, I WILL OPEN SINCE IT'S ONLY AGENDA ITEM NUMBER SIX FOR PUBLIC COMMENT FOR THREE MINUTES. IS ANYONE LEFT THAT WOULD LIKE TO MAKE A COMMENT? SEEING NONE, I WILL ENTERTAIN A MOTION FOR ITEM NUMBER SIX OR EIGHT OR SEVEN ADJOURNMENT. MOTION TO ADJOURN? I HAVE A MOTION. DO I HAVE A SECOND? SECOND. ALL THOSE IN FAVOR SAY AYE. AYE. ALL OPPOSED? WE ARE ADJOURNED. * This transcript was created by voice-to-text technology. The transcript has not been edited for errors or omissions, it is for reference only and is not the official minutes of the meeting.