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Planning board recommends rezoning of 507 Contentia Avenue to C-4, 7-0
Summary
The New Bern Planning and Zoning Board voted 7-0 to recommend that the Board of Aldermen rezone 507 Contentia Avenue from R-8 to C-4 after staff presentation, applicant testimony and neighborhood support. Board members discussed nonconforming status, future uses and site review requirements.
The New Bern Planning and Zoning Board voted unanimously to recommend that the Board of Aldermen approve a zoning map amendment for 507 Contentia Avenue, changing the parcel from Residential-8 (R-8) to Commercial-4 (C-4).
Kendrick, a city planning staff member, introduced the item and summarized the request, calling out the applicant as Go Architectural Design PLLC and owners John Faup and Margaret Fletcher. Staff described the parcel (parcel 8-015-200) as roughly 0.178 acres and explained that R-8 is intended to promote single- and multi-family residential uses while C-4 is a neighborhood commercial district that permits retail goods and services near residences. "The request summary here, the applicant is Go Architectural Design PLLC," Kendrick said during the presentation.
Sarah Affleback, the applicant and an architect with Go Architectural Design, told the board the building was constructed in 1960, the owners purchased it in 1978 and it has operated continuously as a dance studio. "This property was built in 1960... they have owned it and run it as a dance studio," Affleback said, arguing the parcel is compatible with adjacent commercial uses such as a church and Riverside Hardware.
Owner John Faup said he and Margaret Fletcher had not realized the property was zoned residential when they opened the studio and that the current designation makes the parcel difficult to sell. "We had no idea it was zoned residential," Faup said, adding that rezoning would align the lot with contiguous C-4 parcels and improve marketability.
Board members raised two recurring themes in discussion: the legal status of the existing studio as an "existing nonconforming use" and the range of future uses allowed under C-4. Kendrick and a board member explained that if a commercial use has not been discontinued for more than 180 days it may be treated as a continuing nonconforming use under the city’s land use ordinance; if rezoned to C-4 any future change or expansion would be subject to departmental review (DRC) for parking, buffering and other site requirements. Several members cautioned that rezoning opens the property to all permitted C-4 uses; one member said that allowed uses could include operations different from the current studio and that the board must consider compatibility with adjacent residences.
Public support was recorded: Joe Brown, representing Revival Center, spoke in favor of the owners and described the property as well maintained. No opposition was recorded in the meeting record provided to the board.
After discussion, board member Danielle Peoples moved that the planning board recommend approval of the proposed amendment, finding it consistent with the city’s land use plans and in the public interest. The motion was seconded and carried on a roll call vote with all seven seated members voting yes.
The Planning and Zoning Board’s recommendation will go to the Board of Aldermen for a final decision. Staff also introduced a new planner, Nola Roberts, who joined the city on Oct. 20 and will begin transitioning into planning duties; the board was told the next meeting is expected in January.
