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Residents and veterans back Paws of War; board denies C3 rezoning and directs text amendment for an animal‑training use
Summary
The board declined a rezoning to C3 for 1100 Pine Tree Drive after a public hearing in which Paws of War and dozens of supporters described the nonprofit’s veteran-focused service-dog training program. The board directed staff to pursue a tailored text amendment and explore rezoning to C5 or a conditional zone that would better limit future uses.
The New Bern Board of Aldermen on March 10 closed a public hearing on a request to rezone 1100 Pine Tree Drive from R10A (residential) to C3 (commercial) after an extended debate over appropriate zoning for a nonprofit veterans’ dog‑training center.
Jackie O'Brien, co‑founder of Paws of War, told the board the group trains veterans, active military and first responders for free and needs indoor and outdoor space for low‑impact training: “We train veterans, active military, [and] first responders… We do not charge for our services,” she said, urging the board to approve the site so the nonprofit could reduce weather cancellations and expand outreach to local schools and seniors.
Planning staff described the request as citizen‑initiated and warned that C3 allows roughly 80 uses by right — including restaurants, bars and other high‑traffic commercial activities — and thus could permit future owners to undertake uses the community would not welcome near an elementary school. Planning staff noted the parcel is under four acres, partly wetland, and that the Planning & Zoning Board found the C3 request inconsistent with the city’s land‑use plan.
The city attorney cautioned that deed restrictions tied to zoning constitute illegal contract zoning: “That is called illegal contract zoning, where you negotiate with an owner of land to get a particular use,” he said, urging the board to consider staff options rather than attempting to bind future owners by contract as part of the rezoning.
After public supporters — including veterans who credited the program with helping them manage PTSD — and proponents urged creative solutions, aldermen debated alternatives. Several members proposed a text amendment to add a defined animal‑training/therapy/service‑dog use to an existing district (such as C5) or to pursue a conditional zone or special‑use permit so the council could limit hours and outdoor activity. That path would allow the city to lock in conditions while avoiding the broad allowances a straight C3 designation would carry.
The board voted to deny the C3 rezoning as inconsistent with the land‑use plan and directed staff to draft a text amendment (and to assess a potential C5 rezoning or conditional zone). Staff said it would return with a recommended path and timeline for a text amendment and any follow‑up rezoning application.
Next steps: staff will draft the ordinance language and an implementation timeline; the Planning & Zoning Board and the council would review the amendment and any rezoning application before final action.
Why it matters: The outcome preserves the council’s ability to narrowly define acceptable uses at the site while acknowledging community support for Paws of War’s veteran‑support mission. The decision shifts the solution from a single rezoning vote to a policy amendment process that could set a citywide precedent for animal‑training uses.
