[I. CALL TO ORDER ]
[00:00:03]
I CALL TO ORDER THE NOVEMBER 13TH, UH, CITY OF NEWBURN PLANNING AND ZONING BOARD MEETING.
UM, WOULD YOU ALL PLEASE RISE FOR THE PLEDGE ALLEGIANCE TO THE FLAG? OUR COUNTRY, UH, PLEDGE ALLEGIANCE.
FLAG OF THE UNITED STATES, OF OHIO OF AMERICA.
AND TWO, THE REPUBLIC WHICH STANDS, ONE NATION.
ONE NATION UNDER, UNDER GOD FOR LIBERTY.
ALRIGHT, KENDRA, CAN I GET A ROLL CALL, PLEASE? YES, SIR.
MR. CHAIRMAN, WE START WITH, UH, BOARD MEMBER DANIELLE PEOPLES HERE, BOARD MEMBER KIPP PARAGO.
BOARD MEMBER KELLY KAISER HERE, AND BOARD MEMBER THOMAS BROWNELL HERE.
AND THEN BOARD MEMBER MARSHALL BOW.
[IV. APPROVE AGENDA]
WHAT IS THE BOARD'S PLEASURE ON THE AGENDA FOR THIS EVENING? I'LL MAKE A MOTION TO APPROVE THE AGENDA.ANY FURTHER DISCUSSION? HEARING NONE.
[V. CHAIRMAN’S REMARKS]
MOVE RIGHT INTO THE CHAIRMAN'S REMARKS.UH, FIRST WE STILL HAVE A SEAT OPEN ON THIS BOARD.
UM, SO ANYBODY WATCHING TONIGHT OR, UM, OR MAYBE NOT WATCHING TONIGHT OR WATCHING LATER, UM, IF YOU WOULD LIKE TO JOIN AND JOIN THE BOARD, IF YOU HAVE GOOD IDEAS OR IF YOU JUST WANT TO DO YOUR CIVIC DUTY TO THE CITY, UM, CONTACT THE, UM, CLERK.
SHE'LL GET YOU HOOKED UP WITH THE ALDERMAN AND HOPEFULLY YOU CAN JOIN.
UM, AND THEN, UH, ONE OTHER THING, UM, WE, UH, WHEN RUSTY LEFT, UH, WE LOST OUR VICE CHAIR.
UM, SO WE DON'T HAVE ONE CURRENTLY, UM, BUT THERE'S GONNA BE CHAIR ELECTIONS IN JANUARY, I THINK, OR FEBRUARY.
SO WE COULD WAIT TILL THEN, BUT IT'S UP TO THE BOARD.
IF THEY DON'T WANT A CHAIR, THAT'S FINE TOO.
[VI.A. 507 Contentnea Avenue - Rezoning ]
WE'LL MOVE ON TO ITEM NUMBER SIX, A 5 0 7 CONTENTA AVENUE REZONING.KENRICK, DO YOU HAVE A REPORT FOR US, SIR? AND THANK YOU, MR. CHAIRMAN, AND GOOD EVENING TO THE BOARD.
AND MR. CHAIRMAN, WE'RE GONNA START WITH THAT FIRST ITEM, THIS AS WHAT WAS REFERENCED.
UH, THIS IS FOR 5 0 7 CONTEND AVENUE REZONING, OR THE, UH, 5 0 7 CONTEND AVENUE REZONING.
THE APPLICANT IS GO ARCHITECTURAL DESIGN, PLLC, AND THE OWNER IS, UH, JOHN FOLK AND MARGARET, UH, FLETCHER.
AND THE LOCATION, AGAIN IS FIVE OH SEVEN CENTIA AVENUE NEWBORN NORTH CAROLINA.
CURRENT ZONING IS RESIDENTIAL EIGHT OR R DASH EIGHT, AND THE REQUESTED CHANGE IS TO GO TO COMMERCIAL FOUR OR C DASH FOUR.
UH, PARCEL IDENTIFICATION NUMBER IS EIGHT DASH 15 DASH 200, AND THE APPROXIMATION FOR THE SIZE IS 0.178.
AND THAT'S ACRES, SORRY, THE RESIDENTIAL EIGHT DISTRICT HERE.
JUST THE QUICK ZONING DISTRICT ANALYSIS.
I'LL TRY TO PROVIDE SOME CLIFF NOTES, BUT IT'S FOR THE PROMOTION FOR TWO, OR EXCUSE ME, SINGLE TWO AND MULTI-FAMILY DWELLINGS WITH A MINIMUM OF 8,000 SQUARE FEET, BEING THAT FOR THE LOT SIZE, UM, AND THEN 4,000 THEREAFTER FOR ANY OR EACH ADDITIONAL UNIT.
UH, THIS IS ALSO TO ENCOURAGE, ONCE AGAIN, THE CONTINUED USE OF LAND FOR RESIDENTIAL PURPOSES.
UM, IT IS TO DISCOURAGE ANY USE WHICH WOULD GENERATE TRAFFIC ON MINOR STREETS, UM, OTHER THAN THE NORMAL TRAFFIC TO SERVE RESIDENTS, UH, AS FAR AS FOR THOSE STREETS.
AND IT ALSO TO DISCOURAGE THE USE, UM, IN WHICH THE CHARACTER WOULD NOT FIT FOR THAT PARTICULAR DISTRICT.
AND TO GO ONTO OUR COMMERCIAL FOUR C DASH FOUR ZONING DISTRICT ANALYSIS, THIS IS, UH, GEARED MORE TOWARDS YOUR NEIGHBORHOOD BUSINESS DISTRICT.
IT'S ESTABLISHED AS A DISTRICT IN WHICH THE PRINCIPAL USE OF THE LAND IS TO PROVIDE FOR THE RETAILING OF GOODS AND SERVICES, UM, TO NEAR AND NEARBY RESIDENTIAL NEIGHBORHOODS.
AND AS FAR AS FOR THE REGULATIONS OF THE DISTRICT DESIGNED TO LIMIT, UH, THE BUSINESSES WHICH MAY BE ESTABLISHED THEREIN, UM, THE USES COMPARISON HERE, UH, TH THIS JUST GIVES YOU THAT DIFFERENCE AS FAR AS FOR RESIDENTIAL EIGHT AND ALSO COMMERCIAL FOUR TO THE LEFT, YOU HAVE RESIDENTIAL EIGHT, AND TO THE RIGHT IS COMMERCIAL FOUR.
I'LL GIVE YOU A BRIEF MOMENT JUST TO VIEW THOSE COMPARISONS.
WE'LL PROCEED TO OUR FIRST MAP HERE.
THIS IS THE VICINITY MAP FOR THE PARCEL, AND THAT'S HIGHLIGHTED IN RED, AND THAT'S FOLLOWED BY OUR BUFFER MAP.
AND WE TAKE A HUNDRED FOOT, UM, APPROXIMATION AS FAR AS FOR NOTICE REQUIREMENT.
AND THEN YOU HAVE THE AERIAL MAP JUST TO REFLECT WHAT'S ON THE GROUND.
AND THAT'S FOLLOWED BY OUR ZONING
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MAP.AND AGAIN, THAT GIVES YOU THE COMPARISON THERE.
YOU CAN SEE THAT THE YELLOW IS BEING REFLECTED AS THAT R DASH EIGHT COLOR AND THE C DASH FOUR IS THAT LIGHTER PINKISH RED COLOR.
UM, YOU ALSO HAVE C DASH FIVE THAT'S OFF, UH, FURTHER TO THE NORTHEAST THERE.
AND, UH, AT THIS TIME, THE BOARD'S, UM, CONSIDERATION TO ADOPT THE CONSISTENCY, CONSISTENCY STATEMENT AS NEEDED ALONG WITH THE RECOMMENDATION FOR THE BOARD OF ALDERMAN PRIOR TO THAT.
IF THE BOARD HAS ANY QUESTIONS FOR MYSELF, I'LL TAKE THOSE AT THIS TIME.
DOES BOARD HAVE QUESTIONS IF KENDRICK, I'VE GOT A QUESTION.
UM, WHAT IS THE LEGAL STATUS OF THE DANCE STUDIO THAT'S THERE NOW UNDER R EIGHT? IS THAT LEGAL NON-CONFORMING? THAT'S WHAT WE WOULD UNDERSTAND IT TO BE.
UM, THE DIFFICULT POINT OF UNDERSTANDING WHETHER LEGAL OR NOT LEGAL IS THAT WE DON'T KNOW HOW IT WAS ESTABLISHED, BUT TO MY KNOWLEDGE AND LOOKING INTO THE SYSTEM, THERE IS A TAX RECORD, UM, THAT REFLECTS A COMMERCIAL RETAIL BUSINESS THAT WAS ACTIVE THERE WHEN IT WAS FIRST ESTABLISHED.
SO IN THEORY, SOME UNDERSTANDING OF PROCESS OR PROCEDURE HAD TO TAKE PLACE FOR A COMMERCIAL USE TO BE ESTABLISHED IN THAT STRUCTURE.
UM, BUT THERE'S, YOU KNOW, OF COURSE ZONING PERMITS WEREN'T ANYTHING, UM, DURING THAT TIME PERIOD AS THEY ARE RIGHT NOW.
SO LEGAL, NON-CONFORMING, I THINK IS A BETTER BET TO SAY.
SO, AND IF, IF WE WERE TO NOT RECOMMEND THIS REZONING, WHAT WOULD THE CONSTRAINTS BE WITH A LEGAL NONCONFORMING BUSINESS OPERATING THERE? COULD IT STILL WITH THE, YOU, COULD IT STILL CONTINUE? COULD IT BE SOLD OR EXPANDED? SO TO MY KNOWLEDGE, AS FAR AS FOR A USE THAT HAS NOT BEEN CEASED FOR MORE THAN 180 DAYS, AND TO MY KNOWLEDGE IT HAS NOT.
I'VE ASKED THE APPLICANT, UM, OR EXCUSE ME, THE OWNER, IF THAT USE HAD CEASED FOR ANY PERIOD OF TIME, UH, LONGER THAN 180 DAYS, THE GENTLEMAN INDICATED, NO.
SO WHAT THAT ENTAILS FROM THE NON-CONFORMING SITUATIONS, INFORMATION THAT'S IN OUR LAND USE ORDINANCE, IS THAT THE USE THAT IT ESSENTIALLY IS CURRENT WITH RIGHT NOW MAY PROCEED AND CONTINUE SO LONG AS IT DOES NOT, UM, JEOPARDIZE THAT 180 DAY PERIOD WHERE IT'S VACATED, OR IF IN FACT IT IS CEASED IN, IN ALL ENTIRELY, UM, OR ENTIRELY, EXCUSE ME, OR EXCUSE ME, NOT, NOT CEASED, BUT CHANGED.
SO EITHER IT'S VACATED FOR 180 DAYS OR AFTER 180 DAYS OR IT'S CEASED, UM, IN SOME MANNER OR CHANGED.
THOSE ARE THE THREE OR TWO DIFFERENCES THERE.
SO, SO JUST TO EXPOUND ON THAT, MS. PEOPLES, THE DANCE STUDIO HAS BEEN THERE FOR A LONG TIME, AND LOCAL GOVERNMENTS ARE CONSTRAINED BY STATUTES OF LIMITATIONS.
SO IF A USE COMES TO LIGHT THAT MAY OR MAY NOT, LET'S JUST SAY ASSUME WAS NOT PERMISSIBLE, WE HAVE A CERTAIN AMOUNT OF TIME TO ASSERT ILLEGAL RIGHTS TO ENFORCE OUR LAND USE ORDINANCE.
AFTER THAT PERIOD HAS RUN, THEN THE LOCAL GOVERNMENT CANNOT ENFORCE THE LAND USE ORDINANCE AGAINST THAT USE.
SO IT BECOMES AN EXISTING NON-CONFORMING SITUATION WITHOUT KNOWING THE PARTICULARS OF WHEN THE DANCE STUDIO WAS ERECTED.
UM, THERE'S A GOOD POSSIBILITY THAT THE STATUTE OF LIMITATIONS HAS RUN JUST BASED ON THE LIMITED INFORMATION THAT I HAVE.
SO I CONCUR WITH KENDRICK THAT THIS IS MORE LIKELY THAN NOT AN EXISTING NON-CONFORMING SITUATION.
HOWEVER, AS KENDRICK INDICATED, THEY CAN'T STOP THE USE FOR MORE THAN 180 DAYS AND THEY CAN'T ENLARGE THE USE.
SO THEY CAN'T UNDERTAKE ANY ACTION TO EXPAND THE NON-CONFORMING SITUATION.
SO IF THIS BOARD WERE TO NOT RECOMMEND, AND ULTIMATELY IF THE PROPERTY WERE NOT REZONED, THE USE COULD, THE CURRENT USE COULD CONTINUE, UM, BUT IT WOULD BE LIMITED TO ITS CURRENT SCOPE AND RANGE.
IS THERE ANY CONCERN? I MEAN, IT IS A STRANGE ARRANGEMENT ON CONTENT AND ROOF.
YOU GOT A STREET ON BOTH SIDES.
UH, THIS PARTICULAR STRUCTURE FACES CONTENTMENT.
ALL THE REST OF THE HOUSES DOWN THAT STRIP OF LAND FACED ROOF.
SO I MEAN, IF ANYTHING WERE TO WANT CHANGE THERE, WOULD THERE HAVE, UH, WOULD, WOULD TRAFFIC AND PARKING CONSIDERATIONS FOR, UH, BE TAKEN CARE OF IN THE SITE ASSESSMENT? ABSOLUTELY.
IF, UH, IF YOU WERE TO, YOU KNOW, VOTE ESSENTIALLY TO RECOMMEND THIS FOR APPROVAL AND THEN THE BOARD OF ALDERMAN WHERE IT, TO ACTUALLY MAKE IT IN FACT CHANGE OVER TO C FOUR, ALL CONSIDERATIONS WOULD BE JUST THE SAME AS FAR AS FOR A PROCESS OF IF THEY CHANGE IT, CHANGE THE USE, OR IF THEY WANT TO TRY TO FURTHER EXPAND ON THE CURRENT USE, WE HAVE TO REASSESS IT DURING OUR DRC OR DEPARTMENTAL REVIEW COMMITTEE PROCESS.
[00:10:01]
AND SO IT WILL GO THROUGH THE FULL VETTING IN THE SAME REGARD AS IF THIS WAS A BRAND NEW VACANT PIECE OF PROPERTY.UM, SO PARKING AND, UH, BUFFERING, ALL THOSE THINGS WERE COME INTO PLAY RIGHT AT THAT TIME.
AND THEY COULD BUILD ON THE VACANT LAND, THE VACANT PART OF IT NOW, UM, IF IN FACT THAT THEY WERE TO MEET ALL OF THE DIFFERENCES OF REQUIREMENTS DEPENDING UPON WHAT THEY WERE EXPANDING ON.
SO IF THEY'RE CHANGED OVER TO C FOUR AND THEY WANTED TO EXPAND, AS LONG AS THEY'RE MEETING ALL THE REQUIREMENTS PER THE LAND USE ORDINANCE AND DRC.
AND IT IS JUST ONE LOT, IS THAT CORRECT? YES, SIR.
ANY QUESTIONS FOR KINDRED? UM, MS. BULLOCK, JUST TO CLARIFY, WHEN YOU SAID, UH, IF THE BOARD RECOMMENDS AND THEY CHANGE IT, UM, YOU MEAN THE BOARD OF OTTOMAN CORRECT? FOR THE, FOR THE ZONING IF THIS BOARD DOES, DOES NOT RECOMMEND, YEAH, BUT THE BOARD OF ALDERMAN CHANGES IT OR DOES NOT CHANGE IT? THEY'RE ULTIMATELY THE DECISION, THEY'RE THE ONES THAT ARE RUNNING THE SHOW, NOT NECESSARILY US.
AND MR. CHAIRMAN, I APOLOGIZE NOT TO INTERRUPT, UH, THE APPLICANT, WHEN YOU DO CALL HER, UM, SHE ACTUALLY HAS A POWERPOINT, WHICH IS RIGHT BEHIND MINE.
SO IF YOU'LL WANT TO JUST PRESENT THAT, I JUST WANTED TO MAKE THAT NOTE.
I WAS GONNA ASK ABOUT, UH, WHAT WAS COMING UP NEXT.
UM, ANY OTHER QUESTIONS FOR KENDRICK? NO.
HEARING NONE, WE'RE GONNA OPEN THE, UH, PUBLIC COMMENT PERIOD.
IF THERE IS ANYONE FROM THE PUBLIC, NOT NECESSARILY THE APPLICANT, BUT ANYONE ELSE WHO WOULD LIKE TO SPEAK, YOU GET THREE MINUTES IF YOU'RE, SHE'S THE APPLICANT.
ARE, ARE YOU THE APPLICANT? I'M THE APPLICANT.
WE HAVE MEMBERS OF THE PUBLIC HERE WHO ARE HERE AND SUPPORT JUST THEY
YOU WANNA COME TO THE MICROPHONE? SO WE DIDN'T GET THOSE COMMENTS ON THE MICROPHONE, SO IF YOU WANNA COME AND, SORRY.
UM, WE HAVE, UH, APPLICANTS HERE, OR WE HAVE, UH, MEMBERS OF THE PUBLIC HERE TONIGHT WHO ARE IN FAVOR OF IT.
WE JUST DIDN'T ASK THEM TO SPEAK.
BUT THEY'RE HERE, THERE'S NO REQUIREMENT TO SPEAK.
I'M NOT GONNA COME DOWN THERE AND DRAG YOU UP HERE.
SO HERE IN THAT THEN, UM, JUST, UH, INTRODUCE YOURSELF AND, UM, AS THE APPLICANT AND, UM, YOU MAY PROCEED.
UH, MY NAME'S SARAH ABACK WITH GO ARCHITECTURAL DESIGN, AND I AM HERE REPRESENTING THE OWNERS.
AND I JUST WANTED TO START WITH THIS, UH, THIS MAP.
UM, THE, THE MAP YOU SAW EARLIER IS A LITTLE DECEIVING.
UM, THE, THE PROPERTY HERE IS OUTLINED IN GREEN AND RIVERSIDE HARDWARE IS TOWARDS NATIONAL AVENUE.
AND THEN THE CHURCH, UM, TO THE, TO THE RIGHT OF THAT.
AND THEN IMMEDIATELY ACROSS THE STREET IS, UH, QUITE A BIG PARKING LOT.
SO WHEN YOU LOOK AT THE ZONING MAP, I DON'T KNOW IF IT'S, I MEAN, I ASSUME THAT THAT PARKING LOT WAS PART OF THE, UH, ZONING FOR THE CHURCH.
AND SO THAT, THAT'S A CONTINUOUS, UM, I MEAN, IT'S JUST THE WAY THAT IT, IT APPEARS ON THE, UH, SORRY, THE ZONING MAP.
SO, UM, THE CHURCH IS, IS IN YELLOW, RIVERSIDE HARDWARE IS IN YELLOW.
UH, THE, THE PROPERTY IS OUTLINED IN GREEN THERE.
AND THEN IMMEDIATELY ACROSS, UH, THE STREET IS, IT'S JUST A VERY LARGE PARKING LOT THAT I ASSUME GOES WITH THE C FOUR FOR THAT CHURCH, BUT SEEMS TO BE ZONED SOMETHING DIFFERENT AS WELL.
KIND OF LIKE WHAT WE WERE LOOKING AT FOR THIS PROPERTY.
UM, THIS PROPERTY WAS BUILT IN 1960 AND, UH, THE ZONING IMPLEMENTED BY THE CITY OF THE 1968.
AND, UH, THIS COUPLE BOUGHT IT IN 78 AND HAVE OWNED IT AND RUN IT AS A DANCE STUDIO BEING PART OF THE COMMUNITY.
I MEAN, YOU, WHEN THEY, YOU KNOW, THEY'RE THERE IN THE COMMUNITY, THEY ARE USING IT FOR THE ZONING, WHICH WE, YOU KNOW, ASSUME IS A C FOUR.
AND THEY'RE, THEY'RE, THEY'RE AN INTEGRAL PART OF THAT COMMUNITY, AND THEY, UM, THEY GET ALONG WITH THAT COMMUNITY AND IT'S, IT HASN'T BEEN A PROBLEM FOR ALL THESE YEARS.
AND THEY ARE LOOKING TO SELL THE PROPERTY.
THERE'S NO KITCHEN, THERE'S NO BEDROOMS. IT IS A DANCE STUDIO WITH A BATHROOM.
AND SO WHEN THEY GO TO SELL IT, TO BE ABLE TO, YOU COULD USE IT AS A HOUSE IF IT WAS ZONED CC FOUR, YOU KNOW, YOU COULD, YOU KNOW, RENOVATE IT AND MAKE IT A HOUSE, BUT THEY
[00:15:01]
WOULD LIKE THAT OPTION TO KIND OF REPRESENT WHAT IT IS NOW AS PART OF THE COMMUNITY.UM, AND, AND LOOKING AT THE, THE PROPERTIES NEXT DOOR, WHICH ARE C FOUR, UM, IN THE, IN THE GIS IT, IT HAS LISTED IN THERE THE LAND USE AS BEING COMMERCIAL.
AND THIS IS WHAT I THINK KENDRICK WAS SPEAKING ABOUT EARLIER.
UM, YOU KNOW, JUST TO SHOW THAT, IT, IT'S, EVERYONE ASSUMES IT'S COMMERCIAL.
EVERYONE'S FAMILIAR WITH THAT.
UM, AND PREVIOUSLY, UH, PRIOR TO, TO THEM OWNING IT, IT WAS, UH, SUPPOSEDLY A RETAIL STORE.
SO HAS BEEN CONTINUOUSLY USED AS COMMERCIAL FOR ALL OF THESE YEARS SINCE 1960.
DID I MISS ONE? UM, AND REALLY WE'RE, YOU KNOW, WE'RE HERE.
JUST TRYING TO SAY THAT IT'S ALREADY IN ALIGNMENT WITH, UH, I MEAN, IT'S A, IT'S REALLY A VERY SMALL BUILDING AND IT LOOKS LIKE A LITTLE RESIDENTIAL BUILDING FROM THE OUTSIDE.
BUT THE IDEA THAT, UM, YOU CAN HAVE A COMMERCIAL STRUCTURE WITHIN THIS RESIDENTIAL AREA THAT, THAT FITS IN, IN A NICE, SEAMLESS WAY AND DOESN'T, UH, CAUSE HARM TO THAT COMMUNITY.
AND THESE ARE JUST SOME PHOTOS OF THE OUTSIDE JUST TO KIND OF SHOW THE NATURE OF IT.
UM, YOU KNOW, JUST A REALLY, FROM THE OUTSIDE, IT VERY MUCH FITS IN WITH, WITH THE AREA AND IT'S KIND OF TUCKED BACK IN THERE.
YOU CAN SEE, UH, RIVERSIDE HARDWARE A LITTLE BIT FARTHER UP.
AND, UM, AND, YOU KNOW, WE BELIEVE THAT CONTINUING THAT USE WOULD BE IN HARMONY WITH, UH, WITH THE RESIDENCES THERE.
AND ALSO, YOU KNOW, UM, AS PART OF THAT, SINCE THE, THE CHURCH AND RIVERSIDE HARDWARE ARE THERE AND, YOU KNOW, KIND OF FIT IN WITH THAT NEIGHBORHOOD, IT'S REALLY, UM, TRYING TO, TO CONVEY THAT, THAT C FOUR.
IT'S JUST, IT'S A NICE, UM, PART OF THE COMMUNITY AND, UH, JUST, JUST FITS IN.
UH, WE HAVE THE OWNERS HERE IF YOU'D LIKE TO, TO HEAR FROM THEM AS WELL.
AND WE HAVE, UH, FOLKS FROM THE NEIGHBORHOOD WHO HAVE COME OUT IN SUPPORT OF THIS.
AND, UH, WE APPRECIATE YOUR CONSIDERATION TONIGHT AND I'D BE HAPPY TO ANSWER ANY QUESTIONS.
THE BOARD HAVE QUESTIONS FOR THE APPLICANT.
SARAH, THE FACT THAT YOU'RE INVOLVED IN THIS, UM, RAISES THE QUESTION, ARE THERE PLANS ALREADY CREATED FOR WHAT WILL HAPPEN WITH THIS PARTICULAR PIECE OF PROPERTY? THEY, NO, AND I'M NOT INVOLVED IN ANYTHING BESIDES THIS.
THEY JUST, THEY WANTED SOME HELP ON THIS.
THERE IS A POSSIBILITY THAT RIVERSIDE HARDWARE MAY BUY IT.
UM, BUT REALLY FOR THE LARGER SCOPE OF IT, WHEN YOU THINK ABOUT SELLING THIS PROPERTY, IF THEY WERE TO SELL IT AT, WITH THE DESIGNATION, I MEAN, YOU'D HAVE TO HAVE SOMEBODY COME IN AND CREATE A DANCE STUDIO WITHIN 180 DAYS.
OTHERWISE YOU'D HAVE TO TURN IT INTO A RESIDENCE, WHICH WOULD TAKE QUITE A BIT OF MONEY TO DO SINCE THERE'S NO KITCHENS, NO BEDROOMS, I MEAN, IT'S JUST NOT A HOUSE.
SO I HAVE NOT BEEN ENGAGED WITH ANY FURTHER PLANS BEYOND THIS AND DON'T ANTICIPATE THAT AS PART OF WHAT WE'RE DOING HERE TONIGHT.
UM, WITH THAT, IF THE OWNERS WOULD LIKE TO SPEAK, I WILL.
YOU'RE WELCOME TO, UM, UH, ONE OF THE OWNERS, UH, JOHN FA.
I'M MARRIED TO MARGARET FLETCHER.
UH, WE CAME FROM ASHEVILLE WHERE MARGARET WAS A MEMBER OF A VERY PROMINENT DANCE FAMILY.
AND WHEN WE CAME DOWN HERE, WE HAD THE INTENTION, OR SHE HAD THE INTENTION THAT WE WOULD, UH, OPEN A STUDIO, A DANCE STUDIO, WHICH WE DID.
AND WE FOUND THIS PROPERTY, UH, AT THE TIME, UH, IT WAS NOT, WE WERE NOT INFORMED THAT IT WAS ZONED RESIDENTIAL.
AND FROM ALL LOOKS AND APPEARANCES, YOU WOULD THINK IT WAS COMMERCIAL.
UH, IT WAS ORIGINALLY A KINGDOM HALL CHURCH.
UH, IF YOU SEE THE INSIDE OF THE BUILDING, YOU CAN SEE WHERE THE SANCTUARY WAS.
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UH, WE HAD NO IDEA IT WAS OWNED RESIDENTIAL.I, I'M NOT TRYING TO CRY
UH, AND THAT'S GOING TO, IT'S BEEN A TAX GENERATOR FOR THE CITY EVER SINCE IT WAS WHEN MARCUS MOVED INTO IT BACK IN THE 1970S.
SO I WOULD LO LOVE IT IF THE, UH, PROPERTY WERE TO BE ZONED.
UH, IT WOULD MAKE THINGS A WHOLE LOT EASIER.
UH, I KNOW I HAVE TALKED TO TRENT JARMAN AND HE MAY BE INTERESTED IN IT.
HE OWNS THE BUILDINGS THAT ARE COMPRISED OF RIVERSIDE HARDWARE.
HE DOESN'T KNOW IN THE BUSINESS.
SO IT'S CONTIGUOUS, UH, TO RIVERSIDE HARDWARE.
IF IT WERE A REZONED COMMERCIAL, IT WOULD ESSENTIALLY BE JUST AN EXTENSION OF WHAT IS HARDWARE AND C FOUR.
SO IF YOU HAVE ANY QUESTIONS FOR ME, I'LL, ANY QUESTIONS FOR LEAN, NO QUESTIONS, BUT JUST A COMMENT.
THANK YOU FOR SHARING THE MOTIVATIONS ABOUT THE TIMING OF THIS.
I THINK THAT HELPS US IN OUR DISCUSSION AND EVALUATION HERE.
WELL, I, I THINK YOU'RE GONNA LOSE A, A NICE TAXABLE PIECE OF PROPERTY IF IT'S, IF IT'S NOT SOON.
I, SO I JUST LOOKING AT IT FROM THE CITY'S POINT OF VIEW.
ARMED WITH THAT, I'LL OPEN IT UP TO THE BOARD FOR DISCUSSION.
YOU KNOW, I JUST, I DO WANNA POINT OUT THAT WE HAD ANOTHER REZONING REQUEST IN THIS AREA BACK OVER THE SUMMERTIME, I THINK IT WAS JULY, FOR A RESIDENTIAL REZONING TO A COMMERCIAL PROPERTY.
AND WE ULTIMATELY DID NOT RECOMMEND THAT.
AND, UH, THAT WAS THE OAKS DRIVE PROPERTY.
SO I, I JUST THROW THAT OUT THERE FOR OUR DISCUSSION PURPOSES.
THAT ONE ACTUALLY HAS ADJACENT RESIDENTIAL HOMES, OCCUPIED RESIDENTIAL HOMES ON EITHER SIDE.
SO, AND I THINK THAT WAS ULTIMATELY FOR A C3 REQUEST.
AND THE C FOUR IS MORE RESTRICTIVE, CORRECT? YEAH.
THE PROBLEM WITH THAT PARTICULAR ONE WAS THAT C3 ALLOWS VAPE SHOP AND FOR SOME REASON, EVEN AFTER YOU GUYS KIND OF RECOMMENDED THAT, YOU KNOW, LOOK AT SOMETHING ELSE, 'CAUSE FIRST IT WAS TABLED, RIGHT? YOU KNOW, FIRST IT WAS, IT WAS DENIED BY A DRAW AND THEN TABLED AND YOU KIND OF SAID YOU MIGHT WANNA COME BACK WITH, BUT HE DIDN'T, FOR SOME REASON HE CAME BACK WITH C3 AND THE BOARD OF ALMAN UNANIMOUSLY.
I THINK IT'S GOOD FOR US TO JUST ALL REFRESH OURSELVES ON THAT.
THAT COMING UP IN THE RIVER SECTION 80, IT'S ALSO SOMETHING MY OPINION'S AND I THINK IF WE HAD CONDITIONAL ZONING, WE'D BE HAVING A VERY DIFFERENT CONVERSATION YES, TOO.
BUT WITH THAT NOT AT PLAY IN UNDERSTANDING THEIR DRIVERS' MOTIVATIONS.
YEAH, I THINK THE ONLY CONCERN I HAVE IS IF, IF LOOKING AT THE EXTENSIONS THAT HAVE BEEN ADDED ON THE RIVERSIDE HARDWARE, THEY'RE NOT VERY ATTRACTIVE AND CONDUCIVE TO THE RESIDENTIAL PORTION OF THAT NEIGHBORHOOD.
AND IF, IF WE'RE, IF THAT, YOU KNOW, IF WE'D GO TO C FOUR, THEY CAN OBVIOUSLY BUY IT AND, AND PUT MORE WAREHOUSE TYPE STRUCTURE, WHICH IS WHAT ALL IS BEHIND, UH, THEIR EXISTING BUILDINGS AND THEY'RE NOT WHAT I WOULD CALL WELL MAINTAINED OR VERY ATTRACTIVE OR CONDUCIVE TO, UH, THE RESIDENCES ON ACROSS THE STREET.
LIKE SARAH SAID, THERE'S A PARKING LOT ON THE BACKSIDE, SO IT REALLY, REALLY DOESN'T HAVE A WHOLE LOT OF, UH, CONCERN.
BUT THAT, THAT'S, THAT'S MY ONLY CONCERN IS, IS WHAT, WHAT COULD HAPPEN THERE.
MR. PARA IS WANNA REMIND EVERYBODY ON THE BOARD WHEN WE'RE EVALUATING A REQUEST TO REZONE, WE WANNA CONSIDER ALL PERMISSIBLE USES WITHIN THE PROPOSED ZONING DISTRICT.
SO I UNDERSTAND, UM, WHAT THE APPLICANT HAS SHARED ABOUT THEIR POSSIBLE INTENTS, UM, WHICH IS FINE.
THEY CAN SHARE THAT IF THEY CHOOSE TO.
BUT THE RELEVANT CONSIDERATIONS FOR YOU ALL ARE ALL OF THE PERMITTABLE USES WITHIN THE C FOUR CLASSIFICATION AND WHETHER ALL OF THOSE USES ARE GOING TO BE REASONABLE AND IN THE PUBLIC INTEREST AND CONSISTENT WITH THE ADJACENT LAND USES.
AND LIKE MANY OF THE REQUESTS THIS ONE HAS
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NEIGHBORING C FOUR AND NEIGHBORING RESIDENTIAL, SO IT IS PRETTY EASY TO SEE PERSPECTIVES.CAN YOU SPEAK AGAIN UNLESS THE MAJORITY OF THE BOARD WANTS TO, UM, BUT WITHOUT OBJECTION, I DON'T MIND HER SPEAKING AGAIN.
DOES ANYBODY OBJECT TO THAT? GO RIGHT.
I ONLY HEARD, I DID NOT SEE THE OTHER MEETING AND I, I HEAR THAT IT WAS FOR A, IT WAS FOR C3 AND NOT C FOUR, AND THERE WAS A POSSIBILITY OF A VAPE SHOP ON THAT.
IS, IS THAT WHAT I HEARD? UM, THAT IS NOT THE CASE FOR THIS PROPERTY.
AND IT, I MEAN, ALL OF A SUDDEN IT SOUNDS LIKE YOU MADE A DECISION ON A DIFFERENT PROPERTY UP FOR MAYBE A SPECIFIC REASON.
BUT, UM, YOU KNOW, THAT THAT IS NOT THE INTENT OF THIS OWNER, UM, TO, TO DO ANYTHING LIKE THAT, YOU KNOW, WITH THIS, IT'S REALLY JUST A MATTER THAT THEY HAVE OWNED IT FOR THIS MANY YEARS, ARE LOOKING TO MOVE ON FROM THIS PROPERTY.
AND YOU KNOW THAT THE C FOUR IS, UH, COMPATIBLE WITH THE AREA, UH, BECAUSE IT'S ADJACENCIES AND WE DON'T EVEN KNOW THAT RIVERSIDE HARDWARE WILL PURCHASE IT.
IT'S, YOU KNOW, IT'S A POSSIBILITY BECAUSE OF ITS ADJACENCY, BUT THERE ARE MANY OTHER THINGS THAT COULD BE DONE.
MAY I COMMENT ON THAT? SO C FOUR NO LONGER ALLOWS VAPE SHOPS.
IT WAS AT THAT SAME CONCERNING THAT SAME CASE IN ORDER TO TRY TO GET IT THROUGH, THEY CHANGED IT TO DISALLOW VAPE SHOPS.
MR. DUFFY, THE, THE ONLY DISTRICT THAT ALLOWS FOR A VAPE SHOP IS C3.
OKAY, BUT WITHOUT OBJECTION FROM THE BOARD, I WILL, UH, ALLOW YOU THREE MINUTES.
MY NAME IS JOE BROWN, I'M RESPONSIBLE FOR HIGHWAYS AND HEADSS AND REVIVAL CENTER OF THE CHURCH IN QUESTION HERE.
UM, I'M HERE FOR THE PURPOSES OF SUPPORT OF MS. PARKS AND, UH, MARGARET FLETCHER.
UH, THE ONLY TWO RESERVATIONS I HEARD IS OAK DRIVE, WHICH IS NOWHERE NEAR SUNNYSIDE.
SO I DON'T KNOW HOW THAT MIGHT RELATE.
YOU MIGHT CAN MAKE THAT CLEAR TO ME.
AND THE ATTRACTIVENESS OF THE PROPERTY, THIS IS ONE OF THE MOST WELL MAINTAINED PROPERTIES IN SUNNYSIDE.
I SEE IT EVERY DAY, WEEKEND AND WEEK OUT.
SO MAYBE YOU CAN EXPLAIN TO ME HOW THE PURPOSE OR THE USE OF THE PROPERTY MIGHT ALTER THE ATTRACTIVENESS AS YOU SAID IT, UH, AND HOW IT MIGHT, UM, COMPROMISE, UH, THE ATTRACTIVENESS OF THE RESIDENTIAL AREA.
UM, AND FOR A DIFFERENT REASON, MAYBE AFTER THE BUSINESS IS HANDLED, MAYBE Y'ALL CAN MAKE CLEAR TO ME WHY THE PARKING LOT IN THE REAR OF THE CHURCH IS OWNED DIFFERENTLY, UH, THAN THE CHURCH ITSELF.
MAYBE THAT'S A DIFFERENT DATE, BUT, UH, THANK YOU FOR ALLOWING ME TO SPEAK.
UM, I HAVE NO COMMENT AS TO WHY THE PARKING LOT IS DIFFERENT THAN THE CHURCH.
MR. CHAIRMAN, I CAN KIND OF HOPEFULLY SHED A LITTLE BIT.
UM, BASICALLY WHEN THE MAP IS BEING INTRODUCED OR, OR HAS ESSENTIALLY BEEN PUT INTO PLAY, IN SOME CASES YOU HAVE SPLIT ZONING TAKE PLACE.
UM, THERE ARE SEVERAL DIFFERENCES OF PARCELS AND PROPERTIES THAT THEY DO HAVE SPLIT ZONING VERY SIMILAR TO THIS.
AND THE SAME RESULT AS TO WHAT YOU'RE, YOU'RE CURRENTLY GOING THROUGH TODAY WOULD BE THE SAME PROCEDURE AND PROCESS IN ORDER TO CORRECT OR FIX THAT YOU WOULD HAVE TO GO THROUGH AND TRY TO ATTEMPT TO REZONING THE ENTIRETY OF THAT PARCEL.
UM, I CAN'T EXPLAIN WHY THE SPLIT ZONING HAS TAKEN PLACE, BUT CURRENT WITH WHAT THE MAP IS THAT WE HAVE AT THIS VERY MOMENT.
COULD THAT BE WRAPPED UP IN THE RENEW BURN EFFORT WHERE YOU ABSOLUTELY LOOK AT THESE LOTS THAT DO YOU, OR IS IT THE INTENTION TO LOOK AT LOTS LIKE THIS THAT CLOSELY AND TRY TO WE WOULD TRY PUT THEM IN BETTER CONFORMING, YES SIR, MR. CHAIRMAN.
WE WOULD TRY TO ENGAGE FOLKS TO SEE IF WE ARE ABLE TO, UM, UNDERSTAND WHERE THEIR, WHERE THEIR THOUGHTS ARE.
MAYBE PARTICULAR, ESPECIALLY WHEN IT COMES TO HAVING SPLIT ZONE PROPERTIES OR IF YOU OWN A SPLIT ZONE PROPERTY, IT MAY BE IN YOUR BEST INTEREST TO TRY TO GO AHEAD AND FIX THAT EARLIER THAN LATER.
UM, SO ABSOLUTELY WE'LL ENTERTAIN IT.
WE CAN'T FORCE ANYBODY TO DO SO, ESPECIALLY WITH THE SENATE BILL THAT HAS KIND OF CAME INTO PLAY.
SO WE HAVE A VERY, UH, UH, CAUTIOUS APPROACH IN HOW WE TRY TO HANDLE THAT.
UM, BOARD, HAVE ANY OTHER COMMENTS? I HAVE SOME JUST TO WRAP UP, BUT, UM, YEAH.
CAN WE COMMENT TO THE GENTLEMAN'S QUESTION OR NOT? UH, YOU CAN SURE.
YEAH, HE, HE KIND OF ADDRESSED
[00:30:01]
IT TO ME ABOUT MY, ONCE YOU REZONE A PIECE OF PROPERTY, ALL BETS ARE OFF.IT HAS NOTHING TO DO WITH THE QUALITY OF, OF THE STRUCTURE OR THE WAY IT'S BEEN MAINTAINED BY THE PHELPS OVER THE YEARS.
UH, WHEN YOU REZONE A PIECE OF PROPERTY, IT'S OPEN SEASON FOR ANY NEW USE TO COME INTO THAT PROPERTY.
WITH THAT, NO, NO REGARD TO HOW WELL IT'S BEEN MAINTAINED IN THE PAST.
THE PAST IS GONE AND YOU'RE OPENING, UH, THE, THE, THE WORLD HAS OPENED UP INTO ALL NEW USES AND ALL NEW, UH, APPLICABLE USES FOR THAT PIECE OF PROPERTY BY ANYONE WHO HAPPENS TO PURCHASE IT.
UM, JUST ON THE APPEARANCE ISSUE, GO, GO AHEAD.
UM, I JUST WANNA SAY IT'S, IT'S SIMILAR IN APPEARANCE, MORE CLOSER IN APPEARANCE TO RIVERSIDE HARDWARE THAN IT IS TO THE OTHER HOMES ON THE BLOCK.
THE OTHER HOMES ON BLOCKS LOOK LIKE HOMES.
THIS, YOU KNOW, THIS IS A CEMENT BLOCK BUILDING, IS THAT RIGHT? OKAY.
YOU KNOW, THAT'S PAINT ACTUALLY PRETTY CLOSE TO THE SAME COLOR.
WOULD YOU BE KIND, WOULD YOU? HE SAID THAT IT, IT'S MORE, UH, IT LOOKS MORE LIKE A HARDWARE.
THEY CAN'T HEAR YOU WHEN YOU SIT BACK THE SHAPE OF IT.
UM, ANY OTHER COMMENTS FROM ANYONE ELSE? UM, I'LL, I, I, I'LL NOT TO MIKE, I CARRY ANYWAY, I'M JUST EVERY OTHER MEMBER OF THE BOARD.
UM, BUT UM, THIS AREA HAS MANY COMMERCIAL ENTITIES THAT YOU'VE GOT RIVERSIDE THERE, YOU'VE GOT THE BARBERSHOP, I BELIEVE, ACROSS THE WAY.
YOU'VE GOT THE GAS STATION DOWN THERE, YOU'VE GOT THE CHURCH, UM, YOU KNOW, ALL THESE HOUSES ARE IN THERE AND THEY KNOW THEY'RE IN THERE.
UM, THOSE BUSINESSES ARE NOT GOING AWAY.
UM, AND YOU KNOW, THIS, UM, THESE PEOPLE WANT SELL THIS PROPERTY.
I MEAN, THEY CAN'T PUT A MOBILE HOME ON IT.
IF THEY WERE TO SELL IT RESIDENTIAL, THEY CAN'T, THEY'D HAVE TO BULLDOZE THE BUILDING AND PUT A HOUSE ON IT, AND THAT'S THE WHOLE THING.
YOU KNOW, WE HAVE TO LOOK AT ALL FUTURE USES OF C FOUR.
UM, AS FAR AS I'M CONCERNED, I HAVE NO PROBLEM WITH WITH THAT.
BUT, UM, THAT'S MY 2 CENTS ON THE, ON THE ISSUE.
UM, UH, WITH THAT I'LL ENTERTAIN MORE DISCUSSION OR I'M OPEN FOR AN MOTION ON THIS SIDE.
IS THIS THE TIME I SHOULD DISCLOSE MY OH, ABSOLUTELY.
UH, JUST BEFORE WE VOTE, THE MOTION IS MADE.
I JUST WANT TO DISCLOSE, UM, NOT ON A PERSONAL BASIS OR ANYTHING, BUT I SERVED ON A, UM, ON THE APPEARANCE COMMISSION WITH THE PROPERTY OWNER.
THE APPEARANCE COMMISSION NO LONGER EXISTS.
UH, I DON'T HAVE ANY FINANCIAL CONNECTION TO HIM OR PERSONAL FRIENDSHIP WITH HIM OR ANYTHING OF ANY KIND.
SO IF THAT'S A PROBLEM, I'LL JUST REACH YOU.
I DON'T SEE A PROBLEM WITH THAT.
THE, THE STATUTE SAYS YOU ONLY HAVE A CONFLICT OF INTEREST WHEN YOU HAVE A DIRECT FINANCIAL INTEREST IN THE, THE OUTCOME.
AND IF YOU DON'T HAVE A FINANCIAL RELATIONSHIP BETWEEN YOURSELF AND THE PROPERTY OWNERS OR THE APPLICANT, THEN NO CONFLICT EXISTS UNDER THE LAW.
DANIEL, DID YOU HAVE A, I WAS JUST GONNA SHARE ONE ADDITIONAL THOUGHT HERE.
YOU KNOW, I'M SORT OF ON THE FENCE ON THIS ONE, LIKE SEVERAL OF US MIGHT BE.
UM, BUT YOU KNOW, AS WE TALKED ABOUT THE PRIOR APPLICATION AND THE RIVERSIDE COMMUNITY, WE TALKED ABOUT HOW THIS IS AN AREA, UM, STILL RECOVERING TO SOME EXTENT FROM HURRICANE FLORENCE.
AND THAT TO HAVE A USE FOR A PROPERTY THAT CONTRIBUTES TO THE TAX BASE AS THE OWNER MENTIONED, IS A, IS A POSITIVE THING, RATHER THAN HAVING A VACANT BUILDING SIT THERE NOT BEING USED.
UM, SO, YOU KNOW, WITH THAT IN MIND, I'M COMPELLED TO RECOMMEND THE, UM, REZONING TO C FOUR.
WAS THAT IN MOTION? SORT OF WAS WASN'T IT? YEAH.
I'LL, I'LL MAKE A MOTION THAT WE RECOMMEND TO THE BOARD OF ALDERMAN TO APPROVE THE PROPOSED ZONING MAP AMENDMENT AND THE FINDINGS OF THE PROPOSED AMENDMENT IS CONSISTENT WITH OUR LAND USE PLANS AND DETERMINED TO BE REASONABLE AND IN THE PUBLIC INTEREST.
ANY FURTHER DISCUSSION? UM, KENDRICK, I'M GONNA ASK FOR A ROLL CALL ON THIS ONE.
MR. CHAIRMAN, I'LL START WITH, UH, BOARD MEMBER DANIELLE PEOPLES? YES.
[00:35:01]
BOARD MEMBER KIP EOR? YES.BOARD MEMBER MICHAEL DUFFY? YES.
BOARD MEMBER THOMAS BROWNELL? YES.
AND BOARD MEMBER MARSHALL BOWER? YEAH.
AND MR. CHAIRMAN, WE HAVE A SEVEN OH VOTE.
I JUST, I DON'T HAD A FEELING I WAS GONNA GET A NO, THAT'S WHY I ASKED.
BUT UH, I DIDN'T MAKE THAT SO THAT'S OKAY.
UM, OKAY WITH THAT, UH, UM, I'LL OPEN FOR NEW BUSINESS IF ANYBODY ON THE BOARD HAS ANY.
UM, HEARING NONE, I'LL MOVE OVER TO STAFF
[VIII. STAFF COMMENTS]
COMMENTS? YES, SIR.AND UH, I JUST WANTED TO FIRST INTRODUCE YOU ALL TO A NEW OR OUR NEW PLANNER.
OUR NAME IS MS. NOLA ROBERTS AND SHE JOINED US ON OCTOBER 20TH.
SO BASICALLY, UH, SHE'S ACTUALLY CURRENTLY HERE, UH, RIGHT NOW TRYING TO KIND OF GET INTO THAT INTRODUCTORY PHASE OF JUST SEEING AND KIND OF UNDERSTANDING WHAT YOU FOLKS DO.
UM, THERE MAY BE MOST LIKELY IN THE FUTURE A TRANSITION OF MY PARTICULAR ROLE TO HER.
SHE'S VERY WELL SEASONED, VERY MUCH CAPABLE, UH, JUST ESSENTIALLY SHE'S JUST TRYING TO GET AN OVERVIEW AS TO HOW WE DO THINGS HERE IN THE CITY OF NEW BERN.
SO I JUST WANTED TO AT LEAST INTRODUCE YOU ALL TO HER, HER TO YOU ALL.
NO, OUTSIDE OF THAT, UH, I WISH I HAD A DEFINITIVE DATE.
SO WHEN THE NEXT PLANNING ZONING BOARD MEETING WAS GOING TO BE, IT WILL BE SOMETIME IN JANUARY.
JUST TO MAKE SURE YOU GUYS ARE ALL AWARE, UM, I DON'T WANT TO SET ANYTHING RIGHT NOW BECAUSE WE HAVEN'T WORKED OUT THAT SCHEDULE, BUT PLEASE JUST KEEP AN EYE ON YOUR EMAILS.
I KNOW WE'LL BE ALL COMING BACK FROM THE HOLIDAYS AND ENJOYING FAMILY AND FRIENDS AND WHATNOT.
UM, I WILL TRY TO MAKE SURE TO ALERT EVERYBODY AS SOON AS I CAN AS SOON AS I HAVE THAT DATE.
UM, SO THERE'S NOTHING ON THE AGENDA OF DECEMBER.
THERE'S NO MEETING IN DECEMBER, SO WE GET A BREAK PERIOD AND WE KIND OF DO THAT INTENTIONALLY FOR THE REASONS JUST OF, YOU KNOW, FAMILY AND HOLIDAYS AND TRAVEL.
IT'S DIFFICULT AT THAT POINT TO PROBABLY GET A QUORUM AND WE DON'T WANT TO SET FOLKS UP.
WE KNOW KIPP'S GOING SOMEWHERE FOR CHRISTMAS 'CAUSE KIPP'S ALWAYS TRAVELING.
SO THAT'S, THAT'S A GREAT IDEA.
BUT THAT'S, THAT'S THE UPDATE FROM STAFF, SO, OKAY.
ALRIGHT, UM, WITH THAT I'LL UH, ENTERTAIN A MOTION TO ADJOURN.
I'LL MAKE A MOTION TO ADJOURN.