The Board of Aldermen approved 16 items on the Consent Agenda with one vote without discussion, including setting public hearings to expedite an annexation and change the city ordinance; selling city-owned property, recombining Dept. of Public Utilities property; and more. The mayor also voted for the motion.
Aldermen Trey Ferguson (Ward 1), Sharon Bryant (Ward 2), “Bobby” Aster (Ward 3), Lainy White (Ward 4), Barbara Best (Ward 5) and Dana Outlaw (Ward 6) approved the sale of five city-owned properties; set public hearings on June 9 to consider the annexation and initial zoning of Craven County parcel ID: 7-037-017 and 7-034-025 located near Carolina Colours and Madeline Farms on US Hwy 70E ; the rezoning 1100 Pine Tree Dr. from R-10A Residential to C-5 Commercial; and adopting a text amendment to “add animal service uses related to boarding and dog training and to remove kenneling use.” Jeffrey Odham (of Ward 6) also voted for the motion. They also approved the recombination Quit Claim Deed for the city’s Department of Public Utilities properties, and more during their regular meeting on May 12, 2025, at City Hall in New Bern, NC. Mayor
Background: Annexation of land, zoning, and changes to the land use ordinance
At the end of the April 28 meeting, under New Business, Alderman Bobby Aster asked the board to consider a public hearing on the May 12 agenda for the annexation of the 4095 Highway 70 East properties. Someone said, “second.”
Mayor Odham said, “Probably a little bit of discussion so everybody knows what that’s about.”
City Attorney M. Scott Davis said the applicant “has some visions to develop that for commercial use” and “has some pressing buyers for that and needs an annexation agreement which comes with sewer and water commitments for that parcel.”
He said they prefer to “bundle these so that we have an annexation hearing and a zoning hearing at the same time but apparently this one needs to be expedited so that we can hear the annexation issue in May.” He said Planning and Zoning Board will make the initial recommendation for zoning at their May 14 meeting and the Board of Aldermen will hold a public hearing for the initial zoning for the parcel in June (9).
The board unanimously approved the motion.
Development Services Director Jessica Rhue told the city’s P & Z Board on May 14 that Magnolia Investors, LLC, applied to annex two properties on 5.86 acres of land at or near 4095 E US Highway 70. It’s proposed to be zoned as Commercial 3 (C-3). The Planning & Zoning Board recommended that the Board of Aldermen “approve the change based on being consistent with the land use in the area” with Danielle Peoples, Michael Duffy, Kellie Kiser, Margo Fesperman, Thomas Brown and Brad Jefferson voted yes. Kip Peregoy and Marshall Ballard were absent.
Background: Rezoning and text amendment
In March, O’Brien Family Wellness, Inc. asked to rezone property at 1100 Pine Tree Dr. from R-10A Residential to C-5 Commercial, but the aldermen found it was inconsistent and directed staff to initiate a text amendment to the city ordinance for therapy/service animal training and asked if the applicant would apply for a C-5 rezoning request to use land, as reported here.
The New Bern P & Z Board considered the request to rezone the property on April 16. Board members Kellie Kiser, Margo Fesperman, Kip Peregoy, Brad Jefferson, Mike Duffy, Thomas Brownell and Marshall Ballard approved a motion “that we approve the 1100 Pine Tree Drive rezoning” and it is consistent with the Land Use Plan.
They also considered changing the land use ordinance by adding “definitions for dog training (indoor and outdoor) and boarding while removing the definition for kennels. Dog training uses are added to the Table of Permissible Uses and Boarding replaces Kennels with indoor boarding being added to the C-5, C-4 and C-6 districts as a special use,” as presented by Director Jessica Rhue.
She also noted “Kennel” would be removed and replaced with “Boarding” in the Table of Permissible Uses if the Board of Aldermen approves the changes. She said they “are adding a special use opportunity for that in the C-5 zoning district and the C-4 zoning district. It is allowed by right in the C-3 district which has a lot more action and more dense commercial development.”
Board member Duffy asked why there wasn’t any mention of leashes or fencing and Rhue said they could have that conversation.
He also noted the Board of Adjustment would make the final decision to issue special use permits for dog training, not the Board of Aldermen (if the ordinance changes are approved).
Board member Fesperman noted the word kennel was in the definition of indoor dog training.
Jessica Rhue referred to the redlined version that showed the original definition of Kennel which stated “A commercial operation that (i) provides food and shelter and use of animals for purposes not primarily related to medical care (a kennel may or may not be run by or associated with a veterinarian) or (ii) engages in the breeding of animals for sale…”
She said she thought it “might be auxiliary to that use” and thought it was okay.
Kip Peregoy asked for the “definition of accessory uses customarily associated with the service animal training programs.”
Director Rhue said they wouldn’t have a definition.
Assistant City Attorney Jaimee Bullock said she thought staff were trying to make the use category definition broad enough to accommodate all of the different iterations of dog training. She said some people may want to do training for ADA assistance, obedience training, and everything in between. She thought the accessory use allows “if they have to feed occasionally, if there are any caretaking functions that take it that happen associated with that use, they’re not overnight, all of those types of uses would be accessible.”
“It would also allow for training of therapy dogs in healthcare facilities…,” Mike Duffy said.
Peregoy asked why the “dogs are engaged in recreational activities and trained for purposes” was added to the proposed ordinance amendment.
The attorney said, “There have been some inquiries by people that do not necessarily a structured obedience training program but provide care to dogs on a day-to-day basis. Not overnight boarding, but during the day you can bring your animal to this facility. Somebody might teach them how to sit or stand. It’s not necessarily obedience training, but it’s a place where dogs can go and hang out during the day. We wanted to broaden the training definition to pick up the doggy daycare type uses.”
Rhue said she was “relatively certain the Board of Adjustment would absolutely require fences on any sort of outdoor animal use.”
The P & Z Board approved a motion to recommend that the Board of Aldermen approve the changes.
The public hearing for the three items is scheduled during the aldermen’s next regular meeting on June 9 that starts at 6 p.m. in the second-floor courtroom at City Hall, 300 Pollock St.
Recombination of Department of Public Utilities property
The Board of Aldermen approved the recombination Quit Claim Deed for city-owned property at 210 and 212 Kale Road. The mayor also voted on the motion. In February 2024, the city purchased three separate buildings on 1.34-acres at 212 Kale Rd. for $1.4 million for the expansion of the city’s Department of Public Utilities.
Upset bids initiated
The aldermen approved a motion to initiate the following upset bids, according to the meeting packet. The mayor also voted for the motion.
– All Access Enterprises submitted a $3,600 bid for a 0.215-acre residential tract at 703 West B St. with a tax value of $7,200. The city and Craven County acquired it in April 2008 through tax foreclosure.
– All Access Enterprises submitted a $4,250 bid for a 0.118-acre residential tract at 1407 Lincoln St. with a tax value of $8,500. It was acquired through tax foreclosure in June 2015.
– Daryl Baskerville submitted a $3,000 bid for a 0.11-acre residential tract on I Street identified as PID: 8-013-178 with a tax value of 6, 000. It was acquired through tax foreclosure in December 2018.
– Daryl Baskerville also submitted a $2,700 bid for a 0.088-acre residential tract on I Street identified as PID 8-013-178-B with a tax value of $5,400. It was acquired through tax foreclosure in December 2018.
– Zackary Lawson submitted a $2,500 bid for a 0.115-acre residential tract on Moore Avenue identified as PID 8-037-046 with a tax value of $5,000. It was acquired through tax foreclosure in April 2013.
-The RL Seven Group submitted a $2,700 bid for a 0.058-acre residential tract at 1503 Garden St. with a tax value of $5,400. It was acquired in May 2022 through tax foreclosure.
Sale of city-owned properties
The Board of Aldermen approved the sale of the following properties. The mayor also voted for the motion.
-A vacant 0.119-acre residential tract at 1427 Lincoln St. to Kenneth Fairchild for $4,250. The property was acquired through tax foreclosure in 2016. The city will receive $314.28 and Craven County will receive $3,935.72 from the proceeds. The tax value is $8,500.
-A vacant 0.116-acre residential tract at 927 Sampson St. to Charles Nobles and Denise Delgado for $4,250. The property was acquired through tax foreclosure in 2018. The city will receive $706.85 and Craven County will receive $2,493.15 from the proceeds. The tax value is $6,000
-A vacant 0.116-acre residential tract at 1013 Bloomfield St. to Agape Adams for $3,000. The property was acquired through tax foreclosure in 2009. The city will receive $1,147.78 and Craven County will receive $1,852.22 from the proceeds. The tax value is $8,500.
-A vacant 0.143-acre residential tract at 1017 Bloomfield St. to Agape Adams for $3,000. The city will receive $1,040.01 and Craven County will receive $1,959.99 from the proceeds. The tax value is $6,000.
-A 0.119-acre vacant residential tract at 1427 Lincoln St. to Kenneth Fairchild for $4,250. The city will receive $314.28 and Craven County will receive $3,935.72 from the proceeds.
The aldermen also recognized Harrier Sundown Week and approved the April 28 minutes. The mayor also voted on the motion.
Related news
The Board of Aldermen will hold a special meeting on June 9 at 4 p.m. with the Redevelopment Commission followed by a regular meeting at 6 p.m. in the second-floor courtroom at City Hall. The meeting agendas and packets will be published here.
Meeting minutes can be found here, and videos are available City 3 TV, the city’s Facebook page and the city’s YouTube channel.
By Wendy Card, editor. Send an email with questions or comments.