The New Bern Planning and Zoning Board approved the preliminary plan for phase four of Bayberry Park and the final plan for Chambray at Carolina Colours, which are adjacent subdivisions.
Kendrick Stanton, land and community development administrator with New Bern Development Services, presented the staff report for phase four of the Bayberry Park subdivision to the Planning and Zoning Board on May 16, 2024.
The development consists of 140 lots on 107.97 acres located at Spring Green Pass and Onyx Lane in the Carolina Colours area of New Bern, NC.
Stanton said the Developmental Review Committee evaluated the application and general site plan for the proposed cluster development.
He stated, “The evaluation of the proposed subdivision meets all the requirements set forth in City of New Bern’s Land Use Ordinance and all the comments have been addressed, or at least, specifically acknowledged as well as a response letter that was generated by the applicant at my request to acknowledge each individual comment, so they have done that.”
Thomas Engineering submitted the plan on behalf of the developer, Overlook Holdings, LLC.
During the public comment period, several residents expressed concerns with traffic as well as egress in and out of the development.
People asked if there could be a separate access road besides Waterscape Way. A few people suggested Wilcox Road or County Line Road.
Two people asked if a traffic impact analysis could be performed.
A resident asked if the city was looking at how future growth and development would affect emergency services.
Chairman Brad Jefferson said, “I don’t speak for the city, but I know they are looking at city growth and any questions like that, I would recommend talking to your Alderman or the board and asking those questions. They are valid questions.” He continued, “If the city isn’t keeping track of it, they need to be, and the citizens should keep them on that.”
Bobby Billingsley, a representative for Thomas Engineering, stated, “As far as connectivity, “There’s two outlets to Waterscape Way…and we have all kinds of interconnectivity.”
Board member Rusty Ingram asked how the traffic concerns could be addressed.
Again, Stanton said concerns would be addressed through the DRC process.
He stated, “Public works doesn’t raise a difference of opinion versus with what’s there, as far as from a traffic perspective.”
Robert Gough, assistant director of Development Services stated, “to be clear, we do not have a traffic analysis requirement and we could not condition this approval based on that.”
Jaimme Mosely, assistant city attorney, said, “This issue has come up several times in the past about traffic and ways to get out of various different subdivisions…because this board is a technical review board, you are comparing the plan as submitted to the requirements of the land use ordinance.”
She said the Board of Aldermen “adopts and amends the land use ordinance” and traffic issues should be directed to them.
Another resident said, “Carolina Colours water pressure is at best adequate. With additional homes being put in, is there anybody looking at what may need to be done to increase water pressure, because I can’t imagine. It’ll just get worse.”
Kendrick Stanton responded by saying the Department Review Committee reviews comments like yours.
He said, “Those are vetted through the general plan application process when they first submit and any comments received, we make sure to provide those… 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.”
After a lengthy discussing, the board approved the general site plan with Marshall Ballard, Kellie Kiser, Thomas Brownell, Margie Dunn, Kyle Dearing, Rusty Ingram, Sonny Aluzzo and Chairman Brad Jefferson voting yes.
On April 18, Kendrick Stanton presented a staff brief on the Chambray at Carolina Colours subdivision.
He said the 27-lot major subdivision is “at or near Bayberry Park Drive” on approximately 21.07 acres.
The site plan shows the subdivision abuts the phase four Bayberry Park development. It’s just south of Waterscape Way and is adjacent to Wilcox Road and County Line Road.
Stanton said staff reviewed the request and recommended approval of the final plan.
The board approved the preliminary plan that was submitted by McKim & Creed on behalf of the developer, Overlook Holdings, LLC in April 2020.
After hearing a few public comments and discussion related to the project, Mosely asked the board to consider a performance guarantee.
She said, “Ordinarily we require a performance guarantee at final plan approval. It may be that none is required, but you may want to consider a condition that a performance guarantee be provided if requested by public works.
She said, “It may be that the paperwork is already in place, I haven’t had an opportunity to see that, but you might want to consider that.”
Gough said, “We can’t condition an administrative approval and performance guarantee are typically for incomplete infrastructure such as roads. We previously, in a different time, would do an acceptance guarantee but that was proven to be illegal.”
Kip Peregoy, a representative for Overlook Holdings, said, “Sidewalks are all in, sewer has all been tested…the as builts and the engineer certifications of the water and sewer system, and so forth, have all been completed.”
The board voted to approve the final site plan. Margie Dunn, Kyle Dearing, Sonny Aluzzo, Kellie Kiser, Marshall Ballard, Rusty Ingram and Chairman Brad Jefferson were present. Thomas Brownell was absent.
Meetings are broadcast on City 3 TV and uploaded to the City of New Bern YouTube channel.
By Wendy Card, Editor. Send an email with questions or comments.