New Bern Planning and Zoning Board to hold a public hearing on a rezoning request and consider three major subdivision applications.
The Planning and Zoning Board will hold a public hearing and consider rezoning property off Washington Post Road on Aug. 15, 2024 at 5:30 p.m. at City Hall in downtown New Bern, NC. They will also consider approving general plans for major subdivisions in the West New Bern and Lake Tyler communities.
The following agenda items are detailed in the meeting packet here.
Proposed rezoning – Washington Post Road
Preston Lucas of Lucas Land Company, LLC applied to rezone 6.96 acres at 597 Washington Post Rd. from an Agriculture 5 (A-5) district to a Residential 6 (R-6) district.
The property, identified as Craven County parcel ID: 8-222-046, is located between NC Highway 55 and Washington Post Road. It’s adjacent to Planters Ridge and Duke Energy.
The report says the property is landlocked and access to a public street needs to be established.
Tyler – Home on the Lake phases one and two
John Thomas of Thomas Engineering, PA submitted plans to develop a major subdivision off Washington Post Road on behalf of the owner, Stars & Stripes 4F, LLC.
The two parcels, identified as 8-223-003 and 8-223-004, are located on 20 acres between Gracie Farms Road and Olivia Road.
Stars & Stripes 4F initially applied to rezone the two properties from R-10A to R-8 last year.
In June 2023, Tyler Johnson with St. Bourke and Eric Remington an attorney with Ward & Smith, told the Planning and Zoning Board that the rezoning would allow them to make it economically feasible and allow them to increase the number of homes.
The P & Z Board considered whether the rezoning was consistent with New Bern’s Land Use Plan and if it was reasonable.
Some board members questioned whether the project was in the best interest of the community.
Jessica Rhue, the director of Development Services, told the board that the rezoning was consistent with New Bern’s Land Use Plan.
She said, “We’ve got that original plan that’s very kind of watered down and vague, but it’s developed. Poised for future growth, so I don’t see an inconsistency there.”
Rhue said, “We get to the public interest. Maybe there’s something to you all that’s completely not in the public interest. We’ve discussed that and say, we don’t know if this is in the public interest.”
She said, “It’s really hard to do that with such a housing shortage, right?”
“Overall, you heard the economics of it mentioned,” Rhue said.
Multi-family is already allowed, they’re asking for a slight increase in an allowable density.
“I don’t know that these two plans say that that request is inconsistent, but you may all feel differently and that’s what you base your recommendation and ultimately, that’s what I take to the Board of Aldermen when it goes to a public hearing.”
The board supported the rezoning saying it was consistent with the Land Use Plan with Chairman Brad Jefferson, Marshall Ballard, Pat Dougherty, Sonny Aluzzo, Margie Dunn, Don “Rusty” Ingram, Kyle Dearing and Raymond Layton voting yes.
The rezoning request went to the New Bern Board of Aldermen on July 11.
After holding a public hearing, Alderman Barbara Best of Ward 5 made a motion not to approve the rezoning and said it was not consistent with city plans.
Alderman Hazel Royal of Ward 2, then Alderman Bob Brinson of Ward 6, Alderman Johnnie Ray Kinsey of Ward 4 and Alderman Best voted yes. Alderman Rick Prill of Ward 1, Alderman Bobby Aster of Ward 3 and Mayor Jeffrey Odham voted no.
Stars & Stripes 4F applied for a special use permit to establish a multifamily residence use.
The New Bern Board of Adjustment held a quasi-judicial hearing on Feb. 22, 2024.
Before the hearing began, Kendrick Stanton, land and community development administrator, said board member Mike Duffy recused himself. Duffy talked about the Board of Aldermen’s hearing on rezoning during the January Board of Adjustment meeting. Duffy didn’t mention that he had participated in the public hearing.
The February Board of Adjustment evidentiary hearing started with Trey Ferguson, Kathleen Marty, Barbara Sampson, Sandra Gray and Tim Tabak establishing a quorum. Gray left as the board began deliberating.
Chairman Tim Tabak asked how Gray’s absence would affect things and Assistant City Attorney Jaimee Mosely said, “Just because you leave the meeting, does not excuse you from a duty to vote.”
The board voted on their written decision on March 28, 2024 with Mike Duffy, Sandra Gray, Tim Tabak, Trey Ferguson, Barbara Sampson and Kathleen Marty voting yes.
The decision stated, “the use of the Subject Properties will not materially endanger the public health and safety if located where proposed and developed according to the plan.”
“The use will not substantially injure the value of adjoining or abutting property, or that the use is a public necessity,” according to the decision.”
It said, “The location and character of the use, if developed according to the plan as submitted and approved, will be in harmony with the area in which it to be located and in general conformity with the City of New Bern Land Use Plan.”
The board ultimately approved the special use permit after adding the following conditions:
– “Units 053-056 shall be removed from the application…thereby reducing the total number of buildings to 23 and the total number of units to 141.” This would reduce the proposed number of buildings from 24 to 23 and the number of units from 145 to 141.
– “If the applicant elects to include walking trails, then the applicant shall also include fencing between the townhomes and properties abutting Gabrielle Street.”
Tyler – Home on the Lake phases 17 and 18
John Thomas also submitted a general plan for phases 17 and 18 of Tyler – Home on the Lake, a major subdivision with 53 lots off Lake Tyler Drive, on behalf of Stars & Stripes 4F, LLC.
The two parcels, identified as 8-223-11000 and 8-223-13001, are located in an R-10 zoning districted on 19.32 acres in the Lake Tyler.
West New Bern Townhomes
Tim Jackson of Weyerhaeuser NR Company submitted a general plan for “West New Bern Townhomes,” a major subdivision with 48 townhomes, on behalf of Weyerhaeuser Company.
The property, identified as parcel 8-209-25001, is located in C-3 commercial and I-1 industrial zoning districts on 4.05 acres off the NC 43 Connector.
The land is split up into three sections. One section is located north of NC Highway 43, next to the NC Department of Motor Vehicles office. The other two sections are just south of NC 43, adjacent to the Thales Academy property and the existing West New Bern subdivision.
Other news:
The New Bern Board of Aldermen appoint members to the Board of Adjustment. The Board of Aldermen will meet on Aug. 13 at 6 p.m. at City Hall. The agenda and meeting packet is available here.
The City of New Bern is in the process of updating the Land Use Ordinance. The process is called Re-New Bern.
Colleen Roberts, the city’s public information officer said the ordinance “spells out the process for approval of new development, controls where different land uses in the city can be located, and the rules and regulations for how existing land can be used.”
A public forum is scheduled for Aug. 14 at 6:30 p.m. at the city’s Development Services office at 303 First Steet.
Planning and Zoning Board meetings are live streamed on City 3 TV. Board of Aldermen meetings are live streamed on the city’s Facebook page. Recordings are normally uploaded to the city’s YouTube channel.
By Wendy Card, Editor. Send an email with questions or comments.
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