[I. CALL TO ORDER]
[00:00:02]
I CALL TO ORDER THE FEBRUARY 19TH MEETING OF THE NEWBURN, UH, PLANNING AND ZONING BOARD.
UM, WELCOME EVERYBODY FOR BEING HERE.
UM, WILL YOU PLEASE JOIN ME IN THE PLEDGE OF ALLEGIANCE TO THE FLAG OF OUR COUNTRY? I PLEDGE ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA, AND TO THE REPUBLIC FOR WHICH IT STANDS, ONE NATION UNDER GOD, INDIVIDUAL WITH LIBERTY AND JUSTICE FOR ALL.
UH, NOLAN, MAY I GET A, UH, ROLL CALL, PLEASE? YES.
[IV. APPROVE AGENDA]
PLEASURE OF THE BOARD ON THE AGENDA? MOTION TO ACCEPT THE AGENDA.ANY FURTHER DISCUSSION? HEARING NONE.
[V. CHAIRMAN’S REMARKS]
DURING CHAIRMAN'S REMARKS.WE HAVE A NEW MEMBER OF THE BOARD, MS. UH, MARGOT FESMAN.
DO YOU HAVE ANY REMARKS TO, TO, TO SAY HERE TONIGHT? WELL, I AM MARGOT FESMAN AND, UM, TREY FERGUSON, WARD ONE, UM, PROMPTED ME HERE AND I'M A MEMBER OF THE, UH, DOWNTOWN, UH, HISTORIC DISTRICT AND WE LIVE ON CRAVEN STREET.
AND THANKS FOR JOINING THE BOARD.
[VI.A. 3406 Old Airport Road – Initial Zoning]
WITH THAT, I WILL, UH, MOVE ON TO ACTION ITEM SIX A 34 0 6 OLD AIRPORT ROAD, INITIAL ZONING.OH, DO YOU HAVE A BRIEF FOR US? THANK YOU MR. CHAIRMAN AND BOARD.
OUR FIRST ITEM TONIGHT IS GONNA BE AN INITIAL ZONING FOR 3 4 0 6 OLD AIRPORT ROAD.
A SUMMARY OF THE REQUEST, UH, THE APPLICANT IS MR. KEITH WINGS AND THE LOCATION AGAIN IS 3 4 0 6 OLD AIRPORT ROAD.
UH, AGAIN, THIS IS AN UNASSIGNED PROPERTY.
THIS WILL BE THE INITIAL ZONING.
THIS PROPERTY WAS ANNEXED INTO THE CITY LIMITS OCTOBER OF 2025.
UH, THE APPLICANT IS REQUESTING THE R EIGHT RESIDENTIAL EIGHT ZONING DISTRICT.
UH, WE HAVE PROVIDED THE PARCEL IDENTIFICATION NUMBER IF YOU'D LIKE TO REVIEW THAT ON YOUR SCREEN.
AND THE PROPERTY IS ONE ACRE TOTAL IN SIZE.
UH, GIVEN AN ANALYSIS OF THE R EIGHT RESIDENTIAL ZONING DISTRICTS.
UH, THE R EIGHT DISTRICT IS DESIGN DESIGNATED AND ACCOMMODATED, UH, FOR SINGLE FAMILY TWO AND MULTI-FAMILY DWELLINGS WITH THE MINIMUM LOT SIZE OF 8,000 SQUARE FEET.
UH, THE INTENT IS TO ENCOURAGE THE CONTINUED USE OF LAND FOR RESIDENTIAL PURPOSES AND TO PROHIBIT, UM, INDUSTRIAL AND COMMERCIAL USES AND ANYTHING THAT WOULD INTERFERE WITH THE RESIDENTIAL USES.
UM, I'LL GIVE THE BOARD A MOMENT TO REVIEW THE INTENT FURTHER.
THE MAPS PROVIDED FOR YOU TODAY.
UH, THE FIRST IS THE VICINITY MAP WITH THE SUBJECT PARCEL HIGHLIGHTED IN RED.
AGAIN, THIS IS OFF OF OLD AIRPORT ROAD, JUST SOUTH OF LANDSCAPE DRIVE.
YOUR NEXT MAP IS A HUNDRED FOOT BUFFER.
YARD MAP IS THE MAP THAT WE USE WHEN WE SEND OUT A NOTICE BY MAIL.
AND THIS IS THE AERIAL MAP TO GIVE YOU AN IDEA OF WHAT'S ON THE GROUND PRESENTLY.
AND WE HAVE A ZONING MAP FOR YOU.
AGAIN, THE PARCEL AND QUESTION IS HIGHLIGHTED IN RED.
UH, WITH NO ZONING AT THIS POINT IN THE YELLOW IS GONNA BE THE R EIGHT ZONING.
SO THE ACTION NEEDED TONIGHT IS TO ADOPT A CONSISTENCY STATEMENT AND TO HAVE THE BOARD MAKE A RECOMMENDATION TO THE BOARD OF ALDERMAN.
PRIOR TO THAT I'LL BE HAPPY TO ANSWER ANY QUESTIONS.
BOARD HAVE QUESTIONS? ALRIGHT, THANK YOU DAWN.
UM, WITH THAT I WILL, UM, FIRST WELCOME UH, KELLY KAISER TO THE MEETING.
[00:05:01]
FROM THE PUBLIC THAT WOULD LIKE TO SPEAK ON THIS ITEM TONIGHT? UM, ALRIGHT, WITH THAT I'LL MOVE ON TO THE APPLICANT.IF THE APPLICANT IS HERE, WOULD THEY LIKE TO SPEAK WITH MS ITEM TO KNOW? UM, AND HEARING NONE, I WILL TURN IT OVER TO THE PLEASURE OF THE BOARD.
I I JUST MENTIONED THAT THERE ARE A SERIES OF OF HOMES THAT HAVE ALREADY APPLIED IN THAT LITTLE SUBDIVISION.
YOU'VE SEEN THE WAY IT'S LAID OUT GOING DOWN OLD AIRPORT ROAD IN THE PAST AND HAVE BEEN ANNEXED.
I THINK MOST OF IT'S DRIVEN BY ACCESS TO WATER, ENSURE NEEDS, AND UH, IT'S A NICE LITTLE, VERY NICE PLEASANT NEIGHBORHOOD THERE.
NICE, NICE LOT SIZES AND NICE, NICE AREA.
IT IS THAT, YEAH, FROM WHAT I'VE READ, THIS WOULD ALLOW ABOUT 10, APPROXIMATELY 10 UNITS ON THAT LOT.
UM, IN MY NEIGHBORHOOD, WHICH WAS BUILT BEFORE IT WAS PART OF THE CITY.
UM, WE HAVE A LOT MORE THAN THAT PART ACRES.
I DON'T SEE ANYTHING SURROUNDED BY WHAT'S, WHAT IS THE PLEASURE OF THE BOARD ON THIS ITEM I MAKE, GO AHEAD AND MAKE A MOTION, UH, THAT WE MAKE A RECOMMENDATION THAT THE BOARD OF ALDERMAN APPROVE THE PROPOSED INITIAL ZONING DESIGNATION AND FINDINGS.
THAT THE PROPOSED DESIGNATION IS CONSISTENT WITH ANY COMPREHENSIVE OR APPLICABLE LAND USE PLANS AND DETERMINED TO BE REASONABLE AND IN THE PUBLIC INTEREST.
I'LL SECOND THAT I HAVE A MOTION.
AND SECOND, ANY FURTHER DISCUSSION? HEARING NONE.
[VI.B. 1100 Pinetree Drive - Rezoning]
ITEM SIX B 1100 PINE TREE DRIVE, REZONING KENDRICK.AND GOOD EVENING, UH, TO THE BOARD AS WELL.
WE'RE GONNA GO TO OUR NEXT ITEM HERE.
AND THAT IS FOR 1100 PINE TREE DRIVE.
THIS IS A REZONING AND THE REQUEST SUMMARY HERE.
THE APPLICANT IS O'BRIEN FAMILY WELLNESS, INC.
UH, AND THIS IS ALSO WITH JACQUELINE O'BRIEN AND MR. WILLIAM O'BRIEN.
THE LOCATION AGAIN IS 1100 PINE TREE DRIVE, UH, FOR NEWBURG NORTH CAROLINA.
AND THE CURRENT ZONING HERE IS RESIDENTIAL 10 A OR R DASH 10 A AND THE REQUESTED CHANGE IS TO GO TO COMMERCIAL THREE OR C DASH THREE.
UH, THE PARCEL IDENTIFICATION NUMBER IS DISPLAYED THERE ON THE SCREEN AND THE APPROXIMATE SIZE IS 3.87 TOTAL ACRES.
AND HERE FOR THE RESIDENTIAL 10 A, THE ZONING DISTRICT ANALYSIS R DASH 10 A, UM, THIS IS TO ACCOMMODATE FOR SINGLE TWO AND MULTIFAMILY DWELLINGS, UH, WITH THE SAME LOT SIZES AND DENSITIES, WHICH THAT ARE PERMITTED AND ALLOWED IN THE R DASH 10 ZONING DISTRICT.
UM, AND THIS IS IN PROMOTION OF GENERAL PURPOSES.
UH, AS FAR AS FOR THIS ORDINANCE AND THE INTENT, AGAIN, UM, IT'S MORE SO AS FAR AS FOR TO REPLICATE THE R DASH 10 ZONING DISTRICT IN THE SAME REGARD.
THIS ENCOURAGES PRIMARILY LAND FOR RESIDENTIAL PURPOSES AND ESSENTIALLY PROHIBITS, UH, MORE GEARED TOWARDS YOUR INDUSTRIAL AND COMMERCIAL, UH, USES.
AND HERE, UM, WITH THE ZONING DISTRICT ANALYSIS, I'M GONNA LET YOU HAVE A BRIEF MOMENT JUST TO REVIEW, UM, THE OTHER ENCOURAGED, UH, POINTS AND DISCOURAGED POINTS.
AND MOVING TO OUR COMMERCIAL THREE ZONING DISTRICT ANALYSIS.
UH, ONCE AGAIN, KIND OF JUST GIVING YOU AN OVERVIEW FOR THE, ITS ITS ACTUAL INTENT.
THE DISTRICT IS SET FOR OFFICES, PERSONAL SERVICES AND MORE OR LESS YOU'RE RETAILING AND MORE, UH, YOUR CONVENIENCE GOODS SIMILAR USES.
THAT'S WHAT SURROUND, UM, THOSE USES MENTIONED.
AND THIS IS TYPICALLY FOUND ON HIGHLY TRAFFICKED ROADWAYS, UM, AS WELL.
AND AGAIN, I'M GONNA GIVE YOU A BRIEF MOMENT JUST TO REVIEW THAT INTENT STATEMENT FURTHER.
THE USES COMPARISON HERE, UH, FOR RESIDENTIAL 10 A, UH, TO YOUR LEFT.
AND THEN YOU HAVE COMMERCIAL THREE TO THE RIGHT.
AND I'M GONNA ALSO GIVE YOU ANOTHER MOMENT JUST TO LOOK AT THAT COMPARISON.
SAME, SIMILAR OR SIMILARITIES OF USES THAT ARE LAID OUT.
HOWEVER, UH, EACH DISTRICT LOOKS AT THEM DIFFERENTLY AS FAR AS FOR THE ALLOWANCE,
[00:10:01]
WHETHER IT BE PERMITTED BY RIGHT OR BY SPECIAL USE, OR IF IT'S NOT PERMITTED AT ALL.AND OUR FIRST MAP HERE IS GOING TO BE THE VICINITY MAP AND THE PARCEL HERE IS HIGHLIGHTED IN RED.
THAT'S FOLLOWED BY OUR BUFFER MAP HERE.
AND AGAIN, WE TAKE A HUNDRED FOOT BUFFER JUST TO MEET OUR NOTIFICATION REQUIREMENTS PER THE LAND USE ORDINANCE.
THAT'S, UH, WHAT WE HAVE TO DO FOR NOTIFICATION PURPOSE.
AND HERE CURRENTLY, UH, IS YOUR AERIAL MAP.
AND AGAIN, YOU CAN SEE THAT THIS IS HIGHLIGHTED AS FAR AS FOR THE PARCEL, GIVING YOU A REFLECTION OF WHAT'S ON THE GROUND.
AND LASTLY, FOLLOWING THAT IS OUR ZONING MAP.
AND THAT'S JUST TO REFLECT THAT R DASH 10 A UH, ZONING DISTRICT.
THIS IS ALSO SURROUNDED, UM, WITH OUR R DASH 15 TO ESSENTIALLY YOUR EAST AND WEST AND TO THE SOUTH YOU HAVE C DASH FIVE, WHICH IS IMMEDIATE ADJACENT.
AND YOU FURTHER DOWN YOU ALSO HAVE C3 THAT IS, UH, WITHIN THE VICINITY.
AND THE ACTION NEEDED, UH, FOR THIS BOARD IS TO ADOPT THE CONSISTENCY STATEMENT AND ALSO MAKE A RECOMMENDATION FOR THE BOARD OF ALDERMAN.
BUT IF THE BOARD HAS ANY QUESTIONS, I'LL TAKE THOSE AT THIS TIME.
DOES THIS BOARD HAVE QUESTIONS FOR KENDRICK? KENDRICK? THE, AS I RECALL THIS, THE, THE PROPOSED USE OF THIS PIECE OF PROPERTY IS ALSO GONNA REQUIRE A SPECIAL USE PERMIT.
SO, UH, WHAT I WOULD SAY TO THAT, UH, MR. KIPP, AS FAR AS FOR THE PROPOSED USE, IT'S GONNA BE BETTER TO FOCUS ON ALL THE USES THAT MAY APPLY.
I'M JUST, BUT THERE HAS BEEN SPECULATION.
IN TERMS OF THE USE THAT WAS SUPPOSED TO BE PLACED HERE, IF INDEED IT WENT THAT ROUTE, YOU ARE CORRECT.
A SPECIAL USE WOULD BE, UM, NECESSARY.
HOWEVER, AGAIN, FOCUSING ON ALL THE USES, RIGHT? YEAH.
ANYTHING ELSE FOR KENDRICK? ALRIGHT, THANK YOU SIR.
UM, ANY MEMBERS OF THE PUBLIC LIKE SPEAK ON THIS ITEM TONIGHT? ALRIGHT, HEARING NONE, AGAIN, NOT REQUIRED, BUT IF THE APPLICANT WOULD LIKE TO SPEAK, THEY'RE MORE THAN WELCOME TO COME TO THE PODIUM NOW.
DO Y'ALL HAVE ANY QUESTIONS? I GUESS MORE THAN ANYTHING ELSE, MY NAME IS BILL O'BRIEN.
I'LL GO WITH THIS PIECE OF PROPERTY IS TO BUILD A TRAINING FACILITY FOR SERVICE DOGS.
SIR, I DON'T, I DON'T MEAN TO CUT YOU OFF.
CAN YOU JUST SAY YOUR ADDRESS FOR THE RECORD AS WELL? OH YES.
NEW BERN, NORTH CAROLINA 2 8 5, UH, WHATEVER THE ZIP IS,
UM, SO OUR GOAL RIGHT NOW IS TO GO AHEAD AND CREATE A TRAINING FACILITY FOR SERVICE DOGS.
UM, WE, UH, REPRESENT AN ORGANIZATION CALLED PAUSE WALK, WHICH IS OUR HEADQUARTERS IS IN NEW YORK.
UH, MY WIFE AND I STARTED THIS, UH, CHAPTER DOWN HERE IN NORTH CAROLINA WHEN WE MOVED DOWN IN 2021.
UM, WE CURRENTLY HAVE 80, UH, BETWEEN 70 AND 80 DOG TEAMS THAT WE WORK WITH.
AND WE'RE SPREAD OUT BETWEEN, UM, SWANSBORO, HAVELOCK, UH, NEW BERN, AND WE WERE DOING GREENVILLE, BUT WE NO LONGER HAVE A PLACE TO TRAIN UP THERE.
ALL THESE LOCATIONS ARE IN PARKING LOTS INSIDE OF THE MALL, UM, AT THE VFW IN HAVELOCK, OUT ON THE LAWN.
UM, THIS FACILITY WILL GIVE US THE ABILITY TO NOT BE WEATHER DEPENDENT.
SO THE IDEA IS TO BUILD A STRUCTURE 40 TO ABOUT 40 BY 80 OR 50 BY A HUNDRED.
THAT WOULD GIVE US THE ABILITY TO GO AHEAD AND TRAIN INDOORS IN THE SUMMER OUT OF THE HEAT AND IN THE WINTER.
WELL, IT DOESN'T REALLY GET VERY COLD HERE, SO, UH, IN THE WINTER OUT OF THE COLD.
UM, AND THAT'S REALLY WHAT WE'RE TRYING TO ACCOMPLISH MORE THAN ANYTHING ELSE.
UM, WE TRAIN SERVICE DOGS FOR, UH, MILITARY VETERANS, ACTIVE DUTY AND RETIRED.
UM, PRIMARILY WE FOCUS ON, UH, UH, VETERANS THAT ARE DISABLED.
WE ALSO DO THE SAME FOR, UM, FIRST RESPONDERS.
SO SHERIFF'S DEPARTMENT, HOSPITAL WORKERS, ANYBODY WHO MAY BE STRESSED HAVE A STRESS RELATED, UM, UH, CHALLENGE.
WE GO AHEAD AND WE DEVELOP SERVICE DOGS TO HELP THEM GET THROUGH THAT PROCESS.
SO THAT'S THE GOAL OF USING THIS PROPERTY.
ANY QUESTIONS? ANY FURTHER QUESTIONS FOR THE YEP.
AND I OBJECT TO IT NOT BEING COLD HERE.
ALRIGHT, UM, WITH THAT I WILL OPEN IT UP TO THE BOARD.
[00:15:03]
AM I THE ONLY ONE THAT EVER SPEAKSI MEAN, UM, I THINK IT'S A WONDERFUL MISSION THAT HAS BEEN ESTABLISHED BY THESE PEOPLE TO, TO DO THE, THE TRAINING WORK THAT THEY DO FOR, UH, SUPPORT DOGS.
HOWEVER, I THINK THIS IS THE WRONG LOCATION FOR IT.
UH, WE'RE LOOKING AT PUTTING A C3, UH, IN A PRIMARILY RESIDENTIAL DISTRICT, UH, EXCEPT FOR THE C FIVE.
AND THAT'S WHY I ASK IF THERE IF, AND MAYBE YOU CAN HELP ME, KENDRICK, IS THERE ANY OTHER ZONING DISTRICTS THAT IS SUCH A USE CAN GO? 'CAUSE WE'RE NOT, WE'RE NOT LOOKING AND IMPROVING A USE.
WE'RE LOOKING AT AN OVERALL ZONING, UH, COMPATIBILITY FOR THE EXISTING AREA.
AND THAT'S, THAT'S THE ISSUE BEFORE US.
UH, LIKE I SAID, THE, THE, THE USE IS, IS NOBLE AND WORTH WORTHY.
UM, BUT I DON'T THINK THAT THE ZONING CLASSIFICATION IN THIS AREA, UH, IS REASONABLE AT THIS TIME.
MR. KIPP, AS FAR AS I CAN RECALL, AND I DON'T, I APOLOGIZE, I DON'T HAVE THE TABLE READILY IN FRONT OF ME.
UH, FROM WHAT I UNDERSTAND, THAT USE ESSENTIALLY THAT WE'RE APPLYING, UH, OR WOULD BE APPLIED, WOULD BE PERMITTED IN THREE DIFFERENCES OF DISTRICTS.
IT'S THE C3, UM, AND ALSO THE C FOUR, I BELIEVE BY SPECIAL USE, IF I'M NOT MISTAKEN.
SO I'D HAVE TO REALLY LOOK BACK AT THE TABLE AND I APOLOGIZE.
BUT IT WOULD TAKE, UM, SOME ADDITIONAL, UH, PROCESSES IF IT WERE TO PROCEED.
I MEAN, YOU'RE, YOU'RE, IT'S ALREADY C FIVE AND TO GO DOWN TO C FOUR IS NOT A TERRIBLE JUMP OR, OR DOWN ZONING, UH, IN A, IN A VERY SERIOUS WAY.
UH, BUT ALL THE WAY DOWN TO A C3, WHICH, UH, IN THE SLIDES THAT THEY PRESENTED US ARE SUPPOSED TO BE LOCATED ON RADIAL ROADS AND PINE TREE IS NOT A RADIAL ROAD WITH AT SCHOOL AND, UH, WEST, WEST NEWBURN RECREATION CENTER AND SO FORTH THERE, UH, AND ALL THE RESIDENTIAL AREAS THAT YOU GO THROUGH ALONG THERE, UM, THIS, THIS DOESN'T SEEM LIKE A C3 AS A SPEAKING ONLY ABOUT A ZONING APPLICABILITY IS APPROPRIATE FOR THIS PARTICULAR PIECE OF PROPERTY.
I WENT THROUGH THE WHOLE LIST OF PERMISSIBLE USES FOR C3 AND THERE'S QUITE A FEW OF THEM THAT I'M UNCOMFORTABLE WITH FOR THIS AREA.
SO THE BIGGEST ONE BEING VAPE SHOPS ENCLOSED PROXIMITY TO THE AQUATIC CENTER KIDS, WEST NEWBURN RECREATION CENTER AND AN ELEMENTARY SCHOOL THAT'S FACT NO SPECIAL USE PERMIT Z BY RIGHT.
IT'S ALSO GAS STATIONS AUDITORIUM SITTING EXCEEDING UP TO 300 PEOPLE.
AND, UM, I, I WOULD LIKE TO JUST REMIND THE BOARD THAT WE ARE A TECHNICAL REVIEW BOARD, UM, AND WE'RE LOOKING AT A ZONING FOR THAT WILL STAY WITH THAT PROPERTY UNLESS OTHERWISE REQUESTED, BASICALLY.
SO IT'S NOW WE'RE NOT THE FINAL SAY THE POLITICIANS HAVE THE FINAL SAY, BUT WE WOULD RECOMMEND TO THE POLITICIANS AS TO WHAT WE THINK THEY SHOULD DO.
UM, AND SO WE JUST NEED TO CONSIDER THAT.
UM, AND UM, I THINK THE, THE DIFFERENT USES IN THAT AREA, UM, NEED TO BE DISCUSSED, UM, MORE BECAUSE THEY COULD BE ANYTHING.
I MEAN, THIS COULD NOT HAPPEN, RIGHT? SO WE HAVE TO ALSO THINK ABOUT, OKAY, SO THEY WANT TO DO THIS THING AND IT'S REALLY COOL AND I'M HAPPY ABOUT IT, BUT YOU KNOW, THINGS HAPPEN AND NOW THE PRO NOW THE PROPERTY IS THIS AND THEY PUT A, YOU KNOW, I DON'T KNOW, GAS STATION IN THERE OR SOMETHING, YOU KNOW, I DON'T KNOW IF I WAS A RESIDENT I'D BE VERY HAPPY ABOUT THAT.
UM, SO THE, AND IT IS IN A MIXED, YEAH, I MEAN IT IS KIND OF MIXED.
I MEAN THE, I KNOW THE AREA WELL BEEN HERE A LONG TIME, UM, BUT THERE'S A LOT OF RESIDENCES BY THERE, ESPECIALLY WITH THOSE, UH, APARTMENTS THAT ARE IN THE MIDDLE OF THAT NOW.
UM, SO, AND, AND MAYBE KENDRICK, IF YOU COULD HELP US WITH, UM, AND MAYBE THE PUBLIC AS WELL, SOME EX EXPLANATION ON THE LEVELS OF, OF COMMERCIAL ZONING, C3 VERSUS C FOUR FIVES SOME BROAD ABSOLUTELY.
YEAH, I, I CAN DEFINITELY HELP YOU THERE, MR. CHAIRMAN.
AS FAR AS FOR C3, UH, IT'S YOUR MORE INTENSIVE COMMERCIAL,
[00:20:01]
UM, DISTRICT AND ALLOWS FOR A MULTITUDE OF USES.AND THEN WHEN YOU START TO KIND OF STEM DOWN AND GO TOWARDS C FOUR AND C FIVE, IT STARTS TO LESSEN AS YOU GET FURTHER DOWN THAT COMMERCIAL TRACK.
UM, THESE OTHER COMMERCIAL DISTRICTS ARE TYPICALLY DESIGNED TO ACCOMMODATE MORE SPECIFICS THAT SURROUND THEM.
SO THE, THE C3 HENCE THE INTENT STATEMENT BEHIND IT, KIND OF BEING ON A MAJOR MATERIAL ROADWAY AND THINGS TO THAT EFFECT AS YOU START TO TREND DOWN IT, LIKE I SAID, THOSE REQUIREMENTS ARE LESSENED TO ALLOW FOR MORE USES TO BE EVEN APPLIED IN C FOUR AND C FIVE AROUND RESIDENTIAL DISTRICTS AS WELL.
SO IT'S SUPPOSED TO BE LESS INTENSIVE FROM WHAT I CAN UNDERSTAND AS YOU KIND OF GO DOWN THE SCALE.
SO TO BE CLEAR, THERE'S MORE USES IN C FIVE THAN C3? NO, IT'S MORE USES IN C3 THREE THAN C FIVE.
JUST WANTED, JUST WANTED TO CLARIFY.
AGAIN, I DO SUPPORT WHAT YOU WANT TO DO WITH THE PROPERTY, KNOW, SO I'M ENTHUSIASTIC ABOUT.
UM, BUT YOU KNOW, IT, THE, THE LAWS ARE WHAT THEY ARE.
THERE'S ALSO ANOTHER THING, AND SUPPOSE YOU REPORTED IT AND STARTED TO DO THAT AND SO ON AND SO FORTH.
ALL OF THIS WOULD STILL APPLY TO THE NEXT BUYER.
AND THERE'S A LAW THAT THE STATE HAS PASSED IN THE MEANTIME PROHIBITING WHAT THEY CALL DOWN ZONING.
AND THE CITY, EVEN IF THEY WANTED TO, COULD NOT MAKE THAT MORE RESTRICTIVE FOR THAT PARTICULAR PROPERTY.
THAT'S THE, THAT'S WHERE IT STANDS.
UM, DOES THE BOARD OBJECT TO THE APPLICANT COMING BACK UP TO THE PODIUM? NO.
I LIVE AT 10 0 3 KINGFISH WAY NEW BERN, NORTH CAROLINA 2 8 5 6 2.
MY QUESTION IS COULD, SINCE THIS IS A NONPROFIT YET MY HUSBAND AND I ARE INVESTING OUR PERSONAL FUNDS FOR THIS NONPROFIT TO USE.
IS THERE ANOTHER CATEGORY LIKE PHILANTHROPIC? I DON'T KNOW IF I SAID THAT CORRECTLY, BUT IS THERE ANOTHER CATEGORY THAT THIS COULD PERHAPS BE CATEGORIZED AS AS OPPOSED TO COMMERCIAL? 'CAUSE WE'RE NOT REALLY COMMERCIAL, BUT WE WERE TOLD IT NEEDS TO BE IN THIS ZONE AND THEN A SPECIAL USE.
BUT IS THERE ANOTHER ONE RELATED TO NONPROFITS? I COULD ANSWER THAT FOR YOU, MS. JACKIE, AND OKAY.
UNFORTUNATELY THERE IS NOT ANOTHER USE ON OUR TABLE THAT WOULD RELATE IN ANY TYPE OF CLOSENESS THAT I WOULD BE AWARE OF.
I'M ALWAYS HAPPY TO, TO UNDERSTAND AND LISTEN TO ANOTHER IDEA OR, UM, PROPOSAL.
IF IN FACT, AND I WOULD OF COURSE FEEL NO ISSUE WITH SPEAKING TO LEGAL COUNSEL OR MY SUPERVISORS TO SEE HOW THEIR INTERPRETATION IS.
BUT AS FAR AS I UNDERSTAND, AND I, I DID TRY TO CONSULT WITH EVERYBODY THAT I COULD PRIOR TO THAT WAS THE USE THAT'S BEST APPROPRIATE.
BECAUSE LIKE A CHURCH, I DON'T KNOW WHAT IF, IF THAT'S, I WOULD BE FINE WITH C FOUR BECAUSE C FOUR IS SMALL NEIGHBORHOOD BUSINESSES MEANT FOR THE LOCAL BUSINESSES AND THERE'S NO REASON THAT YOURS IS NOT C FOUR.
IS THAT AN OPTION? SO FOR THE OUT, FOR THE USE THAT INITIALLY YOU HAD EXPLAINED ABOUT IF THE OUTDOORS, IF I'M NOT MISTAKEN, IT CANNOT P AND C FOUR, THE SPECIAL USE PERMIT ONLY APPLIES TO THAT C3 DISTRICT, THE OUTDOORS YOU MEAN TRAINING OUTSIDE? YES MA'AM.
AS OPPOSED TO JUST TRAINING INSIDE.
'CAUSE SOMETIMES WE WILL WANT TO TRAIN OUTSIDE.
SO THAT WOULD STILL, THAT WOULD BE PRESERVED.
IT'S JUST A SMALLER AREA THAT WE WOULD BE OUTSIDE AND IT WOULD BE FENCED IN.
AND JUST TO KIND OF REITERATE THIS, THIS BOARD THEIR RESPONSIBILITY, THEIR, THEY REALLY CAN'T MAKE ANY, UH, CHANGES TO THE DESIGNATION OF USE.
WHAT THEIR ROLE IS IS TO MAKE SURE TO CONSIDER ALL USES THAT CAN BE APPLIED TO THAT DISTRICT.
SO THAT'S WHY YOU'RE HEARING SOME OF THE, UH, EXPLANATION FROM THE CHAIRMAN AND THE DIFFERENT BOARD MEMBERS.
UM, THEY, WE DEFINITELY UNDERSTAND WHAT YOUR VISION IS AND WHAT YOU ALL DO.
IT'S VERY, UM, APPRECIATED AND THEY'RE JUST TRYING TO BE RESPECTFUL TO EXPLAIN IT.
IT'S JUST, YEAH, IT DOESN'T FIT THOSE CATEGORIES.
SO WE ISSUE, UH, PLEASE COME TO THE, I NEED YOU ON THE MIC 'CAUSE IT'S BEING VIDEOTAPED AND ALL THAT.
SO, SO THE CHALLENGE IS IT'S THE CATEGORY, RIGHT? IS THAT WHAT YOU'RE SAYING? YES, YES, YES.
AND THERE'S NO OTHER CATEGORY THAT YOU THINK COVERS WHAT WE'RE TRYING TO ACCOMPLISH? THAT'S WHAT WE'RE SAYING.
WELL, THIS REVIEW THAT LAST TIME WHEN THIS WAS UP AND I THINK WHAT YOUR REPRESENTATIVES SPOKE AT THAT MEETING EVEN WAS PRESENT, RIGHT? YEAH.
AND HE CAME TO DETERMINATION THAT C FOUR WAS OKAY, PROVIDED THERE WAS NO OVERNIGHT BOARDING AND THAT ALL THE TRAINING WAS DONE INDOORS.
SO I DON'T KNOW IF THAT WOULD WORK FOR YOU OR NOT.
I CAN'T, WELL, I MEAN, THE IDEA OF HAVING THAT MUCH PROPERTY IS TO SET UP A TRAINING FACILITY OUTSIDE AS WELL.
[00:25:01]
YOU DID SAY YOU PLAN TO TRAIN INDOORS PRIMARILY, YOU KNOW, DURING, WELL, DURING SUMMER, WINTER, I GUESS.I MEAN, NEVER, YOU KNOW, THE WORD NEVER IS SUCH A LONG TIME.
SO I WOULD NEVER, I WOULDN'T WANT, WOULD NOT WANNA SAY WE WILL NEVER KEEP A DOG IN THAT BUILDING.
I MEAN, I COULD FALL ASLEEP AND THERE WITH MY DOG, RIGHT? AND THEN I DON'T WANT YOU TO SAY, HEY, YOU SLEPT IN THERE WITH YOUR DOG.
UM, I, I DON'T KNOW IF ANYBODY, BUT OUR INTENTION IS NOT TO DO THAT.
RIGHT? IT IS' FILE A COMPLAINT BECAUSE YOU HAD DOGS ON THE LEASH AND, YOU KNOW, SO YEAH, IT'S KIND OF UNIVERSALLY ACCEPTED THAT DOG CAN BE LOCKED OUT.
I GOT, I, I COME BACK TO, UH, I COME BACK TO MR. DUFFY'S PET THING WITH CONDITIONAL ZONING.
UM, THIS WOULD BE A PERFECT EXAMPLE TO SOMETHING LIKE THAT WHERE YOU COULD LIMIT DIFFERENT USES TO THAT.
AND WE DON'T, UNFORTUNATELY CURRENTLY HAVE CONDITIONAL ZONING IN THE CITY.
NEW TALKING ABOUT CONDITIONAL ZONING WHERE WE COULD PLACE A CONDITION ON IT, RIGHT.
THAT WE'RE APPROVING FOR THIS YEAR'S FOR YOUR USE ONLY.
AND YOU COULD MAKE IT PRETTY WIDE, YOU KNOW, INCLUDING OUTDOORS AND ALL STUFF.
BUT SO COMMERCIAL, WOULD, DOES COMMERCIAL INDICATE THOUGH THAT THERE'S LIKE PEOPLE ARE PAYING TO COME TO THE SERVICE, THAT KIND OF THING? OR IS COMMERCIAL, I MEAN, I DIDN'T GET A LOT OF THE EXAMPLES THAT YOU USED FOR COMMERCIAL, RIGHT? 'CAUSE NONE OF THOSE THINGS TO ME, AND I EVEN ASKED JACKIE SAID, IS COMMERCIAL FREE, IS THAT REALLY IT BECAUSE OF THE THINGS THAT YOU WERE RECITING AS TO WHAT'S PART OF IT? YEAH, SO I MEAN, THE DEFINITION OF COMMERCIAL IS A PRODUCT FOR A DOLLAR, RIGHT? IS THAT IT? WE FOR A DOLLAR, A PRODUCT FOR A DOLLAR, IS THAT NOT EXACTLY.
SO IS THAT COMMERCIAL BASED ON OUR LAND USE ORDINANCE? WE GO BY THE INTENT STATEMENT FOR THE DISTRICT.
AND THEN THAT KIND OF BASICALLY APPLIES IN THE SAME MANNER AS TO WHEN THEIR CONSIDERATIONS ARE GOING FOR REZONING.
SO IF YOU HAVE A RESIDENTIAL DISTRICT, SUCH AS YOU HAVE RIGHT HERE GOING AND TRYING TO BECOME A COMMERCIAL DISTRICT, THEY, THE BOARD'S RESPONSIBILITY IS TO UNDERSTAND THOSE INTENT STATEMENTS TO SEE IF IT MAKES SENSE.
UM, AND ALSO LOOK AT THE SURROUNDING AREA TO SEE IF HOW THIS FITS IN THE PUZZLE OF THINGS.
SO IT'S NOT REALLY, I MEAN, OF COURSE WE KNOW BUSINESS AND, AND UH, SELLING THINGS CAN RESULT IN, IN BUSINESS OR COMMERCIAL OR MONEY OR AN OPERATION, BUT THAT'S NOT THE EXACT SAME.
UM, SO THIS IS A LITTLE BIT DIFFERENT IN THIS SITUATION.
AND I I WE LIKE, AGAIN, I UNDERSTAND WHAT YOU FOLKS ARE TRYING TO ACHIEVE.
BUT RIGHT NOW THE THE CLOSEST RELATABLE USE IS JUST THAT BASED ON WHAT YOU'VE EXPLAINED ON.
SO, AND THIS IS GONNA SOUND STRANGE, BUT SO HOW DO YOU DEAL WITH OTHER EXCEPTIONS TO, TO THE RULE, RIGHT? THERE MUST BE OTHER THINGS.
WE CAN'T BE THE ONLY ONE THAT DOESN'T FIT NEATLY INTO A BOX.
HOW DO YOU DEAL WITH OTHERS THAT DON'T FIT INTO THAT BOX? WE APPLY THE SAME PRACTICE AS CONSISTENT AS POSSIBLE.
SO THIS WOULD BE THE SAME MANNER AS TO SAY THAT, YOU KNOW, WITH SOMEBODY ELSE, THEY WOULD BE GOING THROUGH THE EXACT SAME PROCESSES AND PROTOCOLS.
UM, WE WOULDN'T DO ANYTHING THAT WOULD BE INCONSISTENT.
AND I CAN ONLY SPEAK FOR OF COURSE, WHAT ESSENTIALLY IS CONTROLLED WITHIN OUR DEPARTMENT.
UM, IF OTHER FOLKS COME INTO THE CONVERSATION AND WEIGH IN, SUCH AS AT THE BOARD OF ALDERMAN, YOU CAN ABSOLUTELY HAVE YOUR OPPORTUNITY TO STAND BEFORE THEM AND SPEAK TO THEM AS WELL.
THIS BOARD IS AN ADVISORY BOARD, SO THEY ACT AS IN, IN THE POINT AND MANNER TO GIVE YOU A RECOMMENDATION.
OR ESSENTIALLY THEY WILL MAKE A RECOMMENDATION TO THE BOARD OF ALDERMAN EVEN THOUGH THEY RECOMMEND POTENTIALLY AGAINST IT.
THE BOARD OF ALDERMAN HAS THE OPPORTUNITY TO REVERSE THEIR DECISION AND VICE VERSA HAPPENS WITH REGULARITY ACTUALLY.
SO, UM, I HONESTLY, SO, UM, YOU KNOW, IT, WE, BEING A TECHNICAL REVIEW BOARD, IT'S A DIFFERENT KIND OF THING.
UM, BUT THE, THE BOARD OF ALMAN CAN DO AT THEIR DISCRETION.
I MEAN, THEY CAN SAY YES OR THEY CAN SAY ALL KINDS OF THINGS.
I, BUT YOU KNOW, IF I'M THINKING LOGICALLY, IF I'M THE, THE BOARD, RIGHT? I'M SITTING THERE SAYING, OKAY, SO THEY TOLD ME THUMBS UP OR THUMBS DOWN, WHATEVER THE REASON, UH, WHATEVER THE DECISION, THERE'S A REASON WHY YOU SAID THUMBS UP OR THUMBS DOWN, RIGHT? YOUR LOGIC BEING THAT, WELL, I COULD PUT A GAS STATION THERE OR I COULD BUILD A SKYSCRAPER OR SOMETHING THERE THAT, RIGHT? SO AS LONG AS I SAY IT'S WOOLWORTH'S OR SOMETHING, IT CAN BE A COMMERCIAL BUILDING, RIGHT? I GET THAT WHOLE PIECE.
SO IF I'M THEM, I'M LOOKING AT YOUR LOGIC AND SAYING, WELL, THAT MAKES SENSE, RIGHT? SO WHY WOULD I GO AGAINST THAT IS THE THING I WOULD, I WOULD INVITE YOU TO WATCH SOME PREVIOUS MEETING
I I STRUGGLE WITH THAT WHOLE POLITICAL, UH, PROCESS, BUT, OKAY, SO I MEAN, SO THAT'S WHAT WE'RE TRYING TO DO.
AND, AND REALLY IT'S UP TO O TO TO, TO, EVEN WITH THIS ADVISORY, WHICHEVER WAY IT GOES, YOU STILL HAVE THE OPPORTUNITY TO PROCEED TO THE BOARD OF ALDERMAN, WHICH YOU SHOULD DO REGARDLESS.
AND YOU ALSO HAVE THE OPPORTUNITY TO EITHER CHANGE IF THE APPLICATION AS IT STANDS OR WITHDRAW IT, UM, IF YOU CHOOSE TO, BECAUSE YOU DON'T WANT TO PROCEED TO THE BOARD OF ALDERMAN.
UM, THERE'S NO HARM NO FOUL NOW BECAUSE THERE HAS BEEN NEW STATE LAW.
WELL THERE IS, SO THERE THERE IS HARM AND THERE IS A FOUL SO
[00:30:01]
TO SPEAK.SO I'VE GOTTA MAKE THE NEXT PAYMENT FOR THE MONTH OF FEBRUARY.
AND SO IF THE NEXT MEETING DOESN'T TAKE PLACE TILL MARCH, THEN I MAY HAVE TO MAKE MARCH'S PAYMENT.
SO IT'S COSTING ME DOLLARS TO GO DOWN AND FIND OUT THAT I UNDERSTAND.
I MAY NEVER BE ABLE TO DO THIS AND I, I SHOULD FINISH.
I I WHAT I MEANT TO SAY IS AS FAR AS FOR IF YOUR REZONING WERE TO BE DENIED BY THE BOARD OF ALDERMAN, THERE'S A NEW RULE THAT'S BEEN NOW IMPLEMENTED AS FAR AS FOR THE STATE, WHEREAS THERE'S NO MORE WAITING PERIOD IF YOUR, UH, REZONING IS DENIED.
THERE USED TO BE, I BELIEVE A SIX MONTH WAITING PERIOD BEFORE YOU COULD REAPPLY.
SO, AND I UNDERSTAND IT KIND OF DOESN'T MAKE A WHOLE LOT OF SENSE, BUT WHAT I'M SAYING IS EVEN IF YOU WERE DENIED, YOU COULD STILL GO BACK WITH A DIFFERENT SUBMITTAL IF THAT'S WHAT YOU CHOSE TO DO.
AND, AND THERE IS SOME, THERE IS A LAND USE PLAN THAT'S BEING REDONE.
SO SOME OF THOSE USES COULD CHANGE.
SO I WOULD, I I I WOULD ADVISE TO SPEAK TO MAYBE YOUR ALDERMAN ON THAT AND SEE, YOU KNOW, WHEN THAT OR STAFF AND SEE WHEN THAT'S GONNA COME IN BECAUSE THAT MAY OPEN UP SOME WIGGLE WO AS AS WELL.
THOSE RULES COULD BE DIFFERENT AND YOU COULD FIT IN A DIFFERENT WICKED THAT MAY THAT COULD HELP YOU.
KENDRICK, THEY ALDERMAN HAVE ALREADY APPROVED A PUBLIC HEARING ON THIS REZONING REQUEST FOR THEIR NEXT MEETING.
WELL, IT'S ON, IT'S ON THE AGENDA.
IF THEY WERE TO WITHDRAW, I BELIEVE IT WOULD STILL HAVE TIME TO BE REMOVED.
THAT WELL, LETTING THIS GENTLEMAN KNOW THAT YES.
BEING HEARD BEFORE THE BOARD OF ALDERMAN IF YOU CHOOSE TO GO THAT WAY.
AND YOU SHOULD ABSOLUTELY GO TO IT.
JUST AN IDEA THAT MIGHT BE HELPFUL.
AND WOULD YOU JUST REPEAT WHAT YOU SAID ABOUT WHERE YOU STAND WITH THE FINANCING AND THE PURCHASE OF THE PROPERTY AND ALL OF THAT? SO THE, THE DEAL WE HAVE WITH THE PERSON OR THE LLC THAT'S SELLING THE PROPERTY IS THAT EACH MONTH I'M PAYING THEM A THOUSAND DOLLARS.
AS WE'RE GOING THROUGH THIS PROCESS, THEY KNOW WE'RE GOING THROUGH THIS PROCESS FORWARD.
SO, UH, THE FINAL PURCHASE WILL BE BASED ON IT BEING APPROVED AND THEN I'LL OWE THEM THE X NUMBER OF DOLLARS.
SOUNDS LIKE GOOD FAITH MONEY, RIGHT? BUT IN THE MEANTIME I'M STILL, YOU KNOW, PAYING TO SAY, HEY, SLOW DOWN ONE MONTH, SLOW DOWN ONE MONTH.
SO, YOU KNOW, IT'S NOT LIKE I'M DYING, BUT IT, IT'S JUST A STRAY COMMENT, WHICH IS UNFORTUNATELY PROBABLY BE PART OF THE RECORD, BUT YOU KNOW, IT'S A FACT THAT NOT PROBABLY CRAVEN COUNTY OUTSIDE CITY LIMITS HAS VERY, VERY LIMITED ZONING.
I'M SORRY, SAY THAT LYNN CRAVEN COUNTY OUTSIDE THE CITY LIMITS HAS VERY LITTLE ZONING.
SO BASICALLY WE'RE SAYING THAT, THAT THE COMMERCIAL, I, I CAN'T TELL YOU WHAT TO, SO COMMERCIAL THREE IS NOT THE ONLY SPOT FOR THIS.
THE BOARD HAS NOT MADE A DECISION.
THAT'S WHAT, AS I SAID, THAT DEPENDS ON THE BOARDS.
OH, YOU HAVEN'T VOTED ON IT YET.
BUT, BUT THEN, AND THE NEXT QUESTION IS THAT IF IT'S NOT THREE, IS THERE ANOTHER COMMERCIAL SPOT THAT IT SHOULD BE ANOTHER NUMBER? WHAT? I DON'T GET THE NUMBER OF PROCESS, BUT, AND THAT WOULD BE A DISCUSSION BETWEEN YOU AND KENDRICK? YEAH.
YEAH, I CAN ABSOLUTELY CHECK INTO THAT FOR YOU.
WHEN I HAVE MY TABLE IN FRONT OF ME.
I'LL BE ABLE TO GIVE YOU MORE DEFINITIVE INFORMATION.
I APOLOGIZE, I DON'T HAVE IT READILY AVAILABLE, BUT IF YOU DO, SO IF YOU CAME UP AND YOU SAID, HEY, UH, COMMERCIAL SIX OR 17 OR WHATEVER NUMBER YOU CAME UP WITH, DOES THAT MEAN WE COME BACK HERE AND DO THIS AGAIN, IT DEPENDS ON THE PROPERTY THAT YOU WERE TO FIND AND TRY TO ESTABLISH.
OH, I'M SAYING THE SAME PROPERTY.
YOU'RE SAYING THIS SAME PROPERTY IS OFF THE BOARD THEN IF YOU WEREN'T GONNA TRY TO APPROACH THE C3, YOU'RE ALWAYS WELCOME TO APPLY FOR A DIFFERENT DISTRICT.
I JUST CAN'T TELL YOU THAT IT'LL BE APPROVED.
IT'LL BE A SIMILAR SITUATION TO WHAT YOU'RE GOING THROUGH NOW.
AND, AND IT, IT'S UP TO THESE BOARDS TO MAKE THE CHALLENGE.
I BELIEVE HIS QUESTION IS MORE, IF HE WERE TO MAKE A CHANGE BEFORE IT WENT TO THE BOARD OF ALDERMAN, LET'S SAY YOU DECIDED TO APPLY FOR A DIFFERENT RECEIPT MM-HMM
FOR OR WHATEVER IT IS, WOULD IT THEN HAVE TO COME BACK THROUGH US AND THEN TO THE BOARD? OR WILL IT STILL GO INTO THIS BOARD MEETING THAT'S COMING UP? IF YOU, IF YOU WERE TO NEGOTIATE THAT TONIGHT, THEN THAT WOULD BE A DIFFERENT STORY.
'CAUSE FROM WHAT I UNDERSTAND, LEGAL COUNSEL DOES SAY THAT YOU CAN CHANGE YOUR APPLICATION MID MEETING, UM, SO LONG AS YOU AGREE TO IT AND THEN YOU CAN PROCEED TO THE BOARD OF ALDERMAN STILL.
BUT IT SOUNDS LIKE Y'ALL ARE DISCUSSING VARIOUS NUMBERS THREE, FOUR, AND FIVE.
RIGHT? SO THERE'S THE DISTRICTS THAT EITHER PERMITTED BY RIGHT OR POTENTIALLY BY SPECIAL USE PERMITS.
C3 BASED ON WHAT YOU'VE EXPLAINED WITH THE USE THAT YOU'RE LOOKING FOR, WOULD BE A SPECIAL USE PERMIT.
YEAH, I I DIDN'T SEE IT AT ALL UNDER, UNDER C FIVE
AND HE CAN'T, YEAH, THAT'S WHAT I DOES.
HE, IF HE WERE TO GO TO A C FOUR, LET'S SAY HE CAN'T GET A SPECIAL USE PERMIT TO DO WHAT HE WANTS, I DO NOT BELIEVE THAT OUTDOOR DOES NOT ALLOW FOR A SPECIAL USE PERMIT EVEN.
C FIVE WOULD NOT, THE INDOOR WOULD BE, UM, ALLOWED BY SPECIAL USE FOR C FOUR AND THEN I BELIEVE FOR OUTDOOR IT'S THE INDUSTRIAL DISTRICTS THAT, UM, AUTHORIZE IT BY RIGHT.
BUT INDUSTRIAL, I MEAN JUST YOU PRESENT FOR THAT PART OF IT.
AT THE LAST HEARING WHEN THE'S NOT, SHE WAS, I WAS AT A TRAINING POINT, MR. CHAIRMAN.
[00:35:01]
DISTRICT'S NOT WITHIN THE VICINITY.SO IT'S, IT'S A MUCH HARDER, UH, INDUSTRIAL RATIONAL.
BUT INDUSTRIAL'S NOT, IF COMMERCIAL'S NOT HAPPENING, INDUSTRIAL'S NOT HAPPENING, IT WOULD BE VERY DIFFICULT.
BUT WE CAN'T REFUSE ANY APPLICATIONS THAT ARE RIGHT.
SO, OKAY, SO THE C THE THE, THE C FOUR AND FIVE REALLY AREN'T AVAILABLE BECAUSE YOU'RE MORE THAN LIKELY GONNA WANT TO TRAIN THESE ANIMALS OUTSIDE AND YOU CAN'T DO THAT BY, BY A SPECIAL USE PERMIT WITH THOSE.
SO THAT'S WHERE YOU GET BOXED INTO THE C3 THING WHERE RIGHT.
THAT'S KIND OF WHERE IT IS BECAUSE THEY, BUT YOU STILL STILL HAVE TO GO TO GET THE SPECIAL USE PERMIT CORRECT.
FOR THE OUTSIDE WITH THE ANIMALS.
MR. CHAIRMAN, REGARDLESS OF WHAT THE BOARD DOES, THE BOARD OF BALDWIN DOES, YOU'RE STILL GONNA HAVE TO GO TO THE BOARD OF ADJUSTMENT AND GET THE OUTSIDE PERMIT.
IF IT WERE TO GO AND BE APPROVED IN THE MANNER TO WHERE THIS PROPERTY WERE REZO, THE C DASH THREE, YOU WOULD STILL HAVE THE REQUIREMENT TO OBTAIN A SPECIAL USE PERMIT FOR THAT SPECIFIC USE.
AND OKAY, AND SO TAKING C3 ON THE SPECIAL OR KEEPING THE SPECIAL USE PERMIT IN PLAY, BUT TAKING C3 OFF THE BOARD, THERE IS NO OTHER NUMBER THAT IT FITS INTO OR EVEN COMES CLOSE.
YOU CAN'T, ACCORDING TO KENZIE, YOU CAN'T GET A SPECIAL USE PERMIT FOR THE OTHER, IT'S THE OTHER DISTRICTS.
IT'S NOT NECESSARILY, IT'S NOT A NUMBER.
IT'S THE OTHER DISTRICTS THAT DON'T ALLOW FOR YOU TO GO THAT.
SO YEAH, SO WE ARE THAT UNIQUE.
AT LEAST BASED ON WITH WHERE YOUR LOCATION FOR THIS PROPERTY IS AND WHERE THE VICINITIES ARE AND, AND PROXIMITY TO THE C3 AND C FIVE.
THERE'S NOTHING ELSE THAT, UH, BRINGS THIS TO BE REASONABLE TO BE ABLE TO BE REZONED TO OTHER DISTRICTS.
SO THAT WAS WHY MY DISCUSSIONS WITH MS. JACQUELINE, UH, I EXPLAINED TO HER C3 IS YOUR CLOSEST, UH, GOTCHA.
SO THAT GIVES YOU SOME REASONABLENESS, BUT THERE'S A LOT OF UNREASONABLENESS AS WELL IN TERMS OF YOU'RE SURROUNDED BY RESIDENTIAL PROPERTIES.
SO, AND THE CHALLENGE WITH THE C3 IS THAT IT OPENS ME UP OR OPENS THE LAND UP, THE LAND UP TO BE USED FOR OTHER PURPOSES.
AND THERE'S NO WAY OF SIGNING A WAIVER OR A MODIFICATION TO THE C3 TO SHUT SOME OF THOSE AVENUES DOWN.
SO I DON'T PUT A GAS STATION OR WHEN IT'S REZONED, IT GOES WITH THE PROPERTY.
SO WHOEVER BUYS IT IN THE FUTURE, IF YOU WERE TO SELL IT OR SOMETHING WERE TO HAPPEN TO YOU GUYS AND YOU HAD TO SELL IT, THEY COULD THEN DO ANYTHING IN THAT C3 THEY WANTED.
AND THE POINT TO MR. UH, AND THEREIN LIES THE ISSUE, UNLESS WE SOLD IT TO THE CITY OF NEW BERN.
NO, THAT STILL WOULDN'T, THAT WOULDN'T CHANGE.
WELL THEN THE CITIES DETERMINE WHAT TO DO WITH THE PROPERTY, WHETHER IT WANTED TO PUT ITS GAS STATION ON THERE OR ANOTHER BUILDING.
WOULD THAT NOT BE, THAT'S ACTUALLY KIND OF UNIQUE.
IF YOU PUT IN YOUR WILL YOU DEED IT TO THE CITY AND THEN THE CITY WOULD DO SOMETHING WITH IT.
I, I'M NOT CERTAIN AS TO HOW THAT WOULD GO.
THAT WOULD BE A, A BIT OF A QUESTION FOR LEGAL COUNSEL.
BUT WHAT I WILL SPEAK TO IS MR UH, EXCUSE ME, BOARD MEMBER DUFFY'S POINT, HE WAS TRYING TO ADVISE YOU ABOUT A CONDITIONAL, UM, USE PERMIT.
AND THAT IS KIND OF WHAT THAT NEEDS TO, THAT'S WHAT WOULD NEED TO TAKE PLACE IF WE HAD THAT PROCESS.
WE JUST DON'T HAVE THAT PROCESS.
IMAGINE THAT IF WE SET SOMETHING UP THAT THE CITY OF NEW BERN WOULD BUY THE PROPERTY AFTERWARDS AND THEN WE COULD ALL GET TOGETHER NOW AND JUST KIND OF HAVE A BEER AND THINK ABOUT IT.
I CAN'T SPEAK TO THOSE PARTICULAR CONVERSATIONS.
I WOULD LOVE TO SIT ON THE BOARD AND HAVE THAT BEARING NOT, AND, AND TALK THROUGH THAT TAX.
ALRIGHT, I HAVE A QUICK QUESTION.
WHAT WOULD HAPPEN IF, IF A, A PARCEL WAS ZONED C3 AND THERE WAS A DEEP RESTRICTION ON IT, NOT ONLY ALLOWING CERTAIN USES ON THE PROPERTY, UM, DOES THE ZONING IN, IF SOMEBODY WERE TO BUY THAT PROPERTY, UM, WHAT HAPPENS? MY BEST GUESS, UH, BECAUSE I HAVE TO TREAT IT ALMOST SUCH AS WHAT I WOULD BELIEVE AS LIKE A HOA WITH HOW THEY HAVE COVENANTS AND THINGS TO THAT EFFECT.
WHILE THEY MAY HAVE COVENANTS THAT SAYS CERTAIN THINGS ARE PREVENTATIVE, UM, IT MAY BE FINE IN ACCORDANCE WITH THE CITY.
SO FROM A CITY PERSPECTIVE, SOMEBODY STILL MADE THE APPLICATION, WE CAN'T TURN IT, WE CAN'T TURN IT DOWN, WE CAN'T DENY IT.
AND THERE'S THE POTENTIAL THAT YOU HAVE THAT CONFLICT.
OF COURSE, THEY SHOULD RESPECT WHAT THAT COVENANTS OR DEED RESTRICTION WOULD SAY, BUT WE DON'T ENFORCE, DON'T THOSE DIFFERENCES OF RESTRICTIONS.
SO IT WOULD PRESENT AN ISSUE MORE SO FOR THE BUYER AND THEY WOULD HAVE TO DEAL WITH LAWYERS AND SURE.
UH, YOU KNOW, OTHER REAL ESTATE FOLKS.
I I HAVE A COVERING IN MIND, BUT IT'S NOT ENFORCEABLE BY, BY PUBLIC LAW.
ANY QUESTIONS OR ANYTHING? ALRIGHT.
UM, WITH THAT, WHAT IS THE PLEASURE OF THE BOARD ON ITEM SIX B?
[00:40:04]
STICK YOUR LITTLE PROMPTER UP HERE.A LITTLE PROMPTER SO WE CAN OH, I APOLOGIZE.
SO WE MAKE THE RECOMMENDATION TO THE BOARD OF ALDERMAN TO DENY THE PROPOSED ZONING AND MAP AMENDMENT AND FINDINGS THAT THE PROPOSED AMENDMENT IS INCONSISTENT WITH THE COMPREHENSIVE OR APPLICABLE LAND USE PLAN AND DETERMINED TO BE UNREASONABLE AND NOT OF THE PUBLIC INTEREST.
SECOND, I HAVE A MOTION TO SECOND ANY FURTHER DISCUSSION.
UM, I WOULD JUST SAY TO THE APPLICANT APPLICANT'S, UM, TO SEE THIS THROUGH AND GO SPEAK TO THE BOARD OF ALDERMAN, UM, AND MAKE A PRESENTATION AND UM, AND TALK TO THEM AND MAYBE TALK TO YOUR, UM, YOUR ALDERMAN AS WELL.
UM, THAT'S ALL I'LL SAY ON THAT.
UM, ANY FURTHER DISCUSSION? HEARING NONE.
UM, WITH THAT WE'LL MOVE ON TO NEW BUSINESS.
IS THERE ANY HEARING NONE, UH,
[VIII.STAFF COMMENTS]
STAFF COMMENTS? KENDRICK, DO YOU HAVE ANY, UH, BEFORE YOUR COMMENTS, DO YOU HAVE ANY UPDATE ON TO ME OR TO US ON THE, UH, LAND USE? UNFORTUNATELY, MR. CHAIRMAN, I DO NOT HAVE AN UPDATE.WE ARE STILL KIND OF JUST PENDING WITH UH, A WAITING PERIOD.
DO YOU ANY OTHER COMMENTS FOR THE BOARD? THE ONLY OTHER THING, UM, WE ARE PREPARING TO COME UP WITH, WELL NOT COME UP WITH, BUT WE HAVE THE NEXT COUPLE OF ITEMS COMING THROUGH AS FAR AS FOR A CITY INITIATED REZONING.
THERE'S SEVERAL PROPERTIES THAT WHAT WE'RE TRYING TO ESSENTIALLY ACCOMPLISH IS TO FIX THE SPLIT ZONING WITH A LOT OF THESE PROPERTIES.
SO I JUST WANT TO GO AHEAD AND CLARIFY THAT.
SO THE CITY IS INITIATING SEVERAL PARCELS TO BE REZONED AND YOU'LL SEE THAT THAT'S YOUR UPCOMING MEETING.
UM, AND WE ALSO HAVE ANOTHER REZONING THAT I JUST CAN'T QUITE RECALL AT THIS VERY MOMENT.
UM, BUT I WANTED TO BRING THAT TO YOUR ATTENTION.
SO YOU'LL BE SEEING THAT IN THE FUTURE, UH, FOR THE NEXT MEETING, WHICH I BELIEVE IS ON THE SAME MARCH 19TH, IF I'M NOT MISTAKEN.
UM, NOLA, DO YOU HAVE ANYTHING PLEASE? I DO NOT.
UM, AND WITH THAT I'LL ENTERTAIN A MOTION TO ADJOURN.
ANY FURTHER DISCUSSION? HEARING NONE.