20070932 Ver 1_Other Agency Comments_20070817

ALDERMEN
JULIUS C. PARHAM, JR.
ROBERT G. RAYNOR, JR.
MACK L. "MAX" FREEZE
JOSEPH E. MATTINGLY, JR.
BARBARA LEE
DANA E. OUTLAW
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FOUNDED 1710
Phone: [phone] P.O. Box 1129
~efv ~ertt, ~~ 2853-1129
August 17, 2007
Mr. David Wainwright
Transportation Permitting Unit
NCDWQ
1650 Mail Service Center
Raleigh, NC 27699-1650
RE: NC 43 Connector (Bosch Boulevard) project R-4463
Dear Mr. Wainwright:
TOM BAYLISS, III
MAYOR
WALTER B. HARTMAN, JR.
CITY MANAGER
VICKIE H. JOHNSON
CITY CLERK
MARY B. MURAGLIA
DIRECTOR OF FINANCE
This is in response to a request from LeiLani Paugh of NCDOT that l write you concerning the recommended
provisions for ICI impacts for the proposed Bosch Boulevard (R-4463) connector.
The City of New Bern and Craven County worked together in the summer of 2005 to address concerns about R-
4463 raised by the NEPA-404 Merger Team, eventually completing a "land development plan" for the area that was
adopted by the County and City. As a part of this effort, the County also worked with the City on the extension of
the City's extraterritorial planning jurisdiction to encompass the entire Bosch Boulevard corridor.
The City remains committed to using the "Build-Enhance Scenario in the ICI Report" dated February 2006 (see also
the attached "New Bern's provisions for ICE impacts from R-4463 Bosch Boulevard") and the City/County land
development plan as guides in determining appropriate zoning, overlay districts and site development standards for
the corridor area with particular attention to the protection of water quality and the environment. We are currently
using the recommended provisions for ICI impacts noted above in the review of proposed residential developments
along the Bosch Boulevard corridor. Efforts thus far have helped ensure additional buffers around wetlands and
drainage areas in addition to the preservation of a wildlife habitat corridor. The provisions of this document will
also have an impact on the current re-write of the City's subdivision ordinances.
We are encouraged by the unprecedented advances the City and County have been able to make in habitat and
environmental preservation due to the Merger Team's comments, and use of the adopted development plan in our
development review process. Please let me know if you have questions or need additional information.
Thank you again for your assistance.
Sincerely,
C~i..-.
Michael W. Avery, Director
Planning & Inspections Department
City of New Bern
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STATE OF NORTH CAROLINA
DEPARTMENT OF TRANSPORTATION
MICHAEL F. EASLEY
GOVERNOR
LYNDO TIPPETT
SECRETARY
New Bern's provisions for ICE impacts from R-4463 Bosch Boulevard
• New Bern has worked with Craven County to extend their Extra Territorial
Jurisdiction (ETJ) to cover lands around which the proposed project is located. The
city has applied a zoning of AS-F zoning to much of these lands to provide protective
regulation in order to promote agricultural activities and limit more intense land uses.
They have also applied a lower intensity residential-clustering zoning classification
(R-l0A) to encourage open space and areas set as environmentally sensitive.
Other lands surrounding the project that fall under New Bern's existing jurisdiction
are zoned primarily for residential cluster development under the City's R-l0A
zoning ordinance. The incentives for cluster development and open space in this
zoning classification include lot size and set back flexibility, accelerated approval
process, flexibility on infrastructure sizing, and possibly others.
Zoning Classification:
(1) The A-5 agriculture district is designed to secure the agricultural integrity of the
areas so classified and to allow for low-density single-family development on >tve acre
minimum lots. The uses encouraged in this district are primarily agricultural or forestry
related. Residential developments of five units or more shall comply with the cluster
subdivision provision outlined in article XII of this ordinance. For the A-5 agriculture
district, in promoting the general purposes of this ordinance, the specific intent of this
district is:
(a) To encourage the conservation of the area's existing agricultural and forestry
resources and to promote the further expansion of these land-related resources;
(b) To prohibit non-agricultural and non forestry-related commercial and industrial use
of the land and to prohibit any other influx of uses likely to render it undesirable for
farms and low-density development;
(c) To encourage the sensitive incorporation oflow-density single family or multifamily
development into an agricultural and forested area in an effort to maintain rural
character and conserve valuable lands; and
(d) To discourage any use which, because of its character or size, would create
requirements and cost for public services, such as police and fire protection, water
supply and sewerage, substantially in excess o such requirements and cost if the district
were developed solely orsingle-family purposes.
(2) The A-SF agriculture forestry district is designed to promote forestry operations, low-
density residential uses, recreational uses, and certain agricultural uses. Landfill, quarry,
livestock, and similar uses that may negatively impact nearby residential uses with
MAILING ADDRESS: TELEPHONE: [phone] LOCATION:
NC DEPARTMENT OF TRANSPORTATION FAX: [phone] PARKER LINCOLN BLDG.
PROJECT DEVELOPMENT AND ENVIRONMENTAL ANALYSIS RALEIGH NC
NATURAL ENVIRONMENT UNIT WEBSITE: WWW.DOH.DOT.STATE.NC.US
1598 ~V1AIL SERVICE CENTER
RALEIGH NC 27699-1598

excessive noise, odor, or traffic are prohibited. It is specifically intended that the A-SF
agricultural/forestry district:
(a) Encourage the conservation of the areas existing agricultural and forestry resources
and promote low-density development;
(b) Prohibit non-agricultural and non-forestry related commercial and industrial use of
the land and prohibit any other influx of uses likely to render the area bearing such
zoning classification undesirable for forestry, non-livestock farms, and low-density
housing.
(3) R-l0A Residential Cluster Development district includes single family, duplex and
multifamily activities. The density for single family is 3 units per acre, and multifamily
can be developed at 7 units per acre. In addition, this zoning classification encourages
and provides incentives for cluster development and set-asides for open space. These
incentives include accelerated approval processes, flexibility on infrastructure sizing, and
credits for open space/park dedication. It is anticipated that these provisions will greatly
encourage larger open spaces as part of the development pattern in this area.
• Craven County's Land Development Plan will serve as a guide for developing
appropriate zoning, overlay districts and site development guidelines supporting the
protection of water quality and the environment in the vicinity of the proposed
project.
• New Bern also follows and complies with the Neuse River Basin Nutrient Sensitive
Waters Management Strategy (Neuse Buffer Rules) [15A NCAC 2b .0233], as well as
for urban storm water management [15A NCAC 02b .0235]
New Bern enforces a Stormwater Ordinance that requires the control of the
stormwater to predevelopment conditions for the 10 year, 24 hour storm. Stormwater
and impervious surfaces limitations are also regulated by state requirements for
coastal counties [15A NCAC 2H .1005(3)], which includes regulation of impervious
surfaces for low density development and infiltration systems for high-density
development.
• The City has also instituted the following provisions in the vicinity of the proposed
project:
- 100 foot buffers for jurisdictional wetlands
- 50 foot riparian buffer along large drainage areas in project vicinity
- 1000 foot wildlife habitat conservation area where most appropriate
- Limited number of access points on new road