Greenville Board of Adjustment Meeting - June 23, 2022
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Greenville Board of Adjustment Meeting - June 23, 2022
The Greenville Board of Adjustment met on Thursday, June 23, 2022, at 6:00 PM in the City Council Chambers. The meeting included two public hearings, a vote on minutes, and elections for Chair and Vice Chair. All seven voting members were present.
Consent Calendar
- Approval of Minutes – The minutes from May 26, 2022, were approved by unanimous voice vote.
Public Comments & Testimony
- No members of the public spoke in favor or opposition during either public hearing. The only testimony came from the applicants, their attorneys, expert witnesses, and city staff.
Discussion Items
1. PUBLIC HEARING – Special Use Permit for a Master Plan Community (Slocumb et al.)
- The applicant, represented by attorney Gray Steyers of Fox Rothschild, requested approval to construct a master plan community on 330 acres along MacGregor Downs Road. The plan includes up to 719 residential units (at least 586 single-family homes and up to 133 multifamily units), with over 115 acres of wetlands preserved. The site is zoned RA20.
- Staff report: The property meets all required findings for a special use permit, including utility services (GUC supports), traffic (mitigations proposed), and compatibility with adjacent uses. Staff recommended approval with standard conditions.
- Expert testimony: Beth Blackman (Timmons Group) presented on engineering and design; Jeff Hockenadel (traffic engineer) presented a traffic impact analysis showing that with proposed turn lanes and potential signalization, intersections would operate at acceptable levels. Attorney Steyers entered into evidence an MAI appraisal report from Andy Piner concluding no injury to adjacent property values.
- Board members questioned the applicant about sidewalks, crosswalks, wetland protections, open space design, and traffic timing. The applicant agreed to three additional conditions: (1) sidewalks along MacGregor Downs Road connected to crosswalks (subject to DOT approval), (2) wetlands preserved in perpetuity and not developed, (3) wetlands not counted as active or passive open space.
- No opponents spoke.
2. PUBLIC HEARING – Amendment to Land Use Intensity for Captain Quart Apts LLC
- The applicant, represented by attorney Toby Coleman of Smith Anderson, requested to amend the existing dormitory (LUI 67) special use permit to a multifamily (LUI 50) permit for the property at 3800 and 3960 Bostic Drive (40 acres, 600 units). The property was originally built as student housing (dormitory) but has experienced high vacancy (21% as of 2017) and financial distress. The owner seeks to lease by the unit rather than by the bedroom.
- Staff report: The existing development meets LUI 50 standards. Staff recommended approval with conditions, including limiting occupancy to no more than three unrelated persons per unit, requiring site plan approval, and combining parcels (affidavit recorded).
- Board member Hunt McKinnon expressed concern that approving a four-bedroom unit under LUI 50 would violate city code limiting unrelated occupants, arguing the buildings were designed as dormitories and are fundamentally different from market-rate apartments. He made a motion that conditions and specifications were not satisfied; the motion died for lack of a second.
- The board voted 6-1 (McKinnon dissenting) to approve the findings and the petition with staff's recommended conditions.
3. ELECTIONS
- Chair Rodney Bullock (serving his last meeting after six years) presided. Ann Bellis, the senior member, declined nomination for Chair. Sharon Evans was nominated and elected unanimously as Chair. Christopher Lilly was nominated and elected unanimously as Vice Chair.
Key Outcomes
- Master Plan Community (Slocumb et al.) – Approved unanimously (7-0) with staff's recommended conditions and three additional conditions: (1) sidewalks/crosswalks subject to DOT, (2) wetlands preserved in perpetuity, (3) wetlands not counted as active/passive open space. The permit allows up to 719 residential units on 330 acres with 115 acres of preserved wetlands.
- Land Use Intensity Amendment (Captain Quart Apts LLC) – Approved 6-1 (McKinnon opposed) with staff's recommended conditions, including: 24-hour on-site management, recreation equipment restricted to designated areas, no more than three unrelated persons per unit, parcel combination maintained, and signage permitted. This converts the existing 600-unit complex from a dormitory (LUI 67) to a multifamily (LUI 50) use.
- Elections – Sharon Evans elected Chair; Christopher Lilly elected Vice Chair for a one-year term.
- Announcements – Rodney Bullock was recognized for his six years of service on the board.
- Adjournment – The meeting adjourned after announcements.
Meeting Transcript
Good evening, everyone. Tonight's meeting will now come to order. Welcome to the June twenty-third, twenty twenty-two meeting of the city of Greenville Board of Adjustment. Madam Clerk, would you please give us a roll call? Yes, sir, Rodney Bullet. Yes, ma'am. Christopher Lilly. Here. Ann Bellis. Here. Hunt McKinnon. Here. Sharon Evans. Here. Nathan Cohen. Here. John Landrine. Ryan Hurdle. Here. Nathan Brandon. We have a forum. Very good, madam attorney. Would you please give us uh our voting members for this evening. All seven are present are voting. Very good. And at this time I will seek a motion for the approval of last month's minutes. I have a motion. Is there a second? Second. Second. Very good. Uh all of those in favor. Those that oppose that motion carries, and at this time, madam attorney, if you would please give us uh the attorney's statement for this evening. As previously stated, all seven of you will be voting tonight. The following applies to all evidentiary evidentiary matters for consideration by the board tonight. The board of adjustment is a quasi-judicial body that makes a decision concerning an application, petition, or appeal based on the evidence presented by those in favor as well as those in opposition. Only evidence that is material, competent, and substantial will be considered and may be used by the board in its decision-making process. Statements by a person such as, in my opinion, the application will create a traffic hazard is not an admissible opinion and may not be considered by the board. However, such an opinion may be admissible if it is made by an expert or a person who is qualified to give opinions concerning traffic hazards, is making a presentation to the board concerning his or her investigation and the basis for his or her conclusion in the report. A lay person can give an opinion, but he or she must also present facts to show how the proposal affects his or her piece of property specifically and not just in a general way. A statement that another person who is not present and not testifying either supports or doesn't support the petitioner or application is hearsay and is not admissible. The same rule applies to both the applicant and those in opposition. Pursuant to North Carolina General Statutes 160D-109, 160D-406, and Section 4 of the Board of Adjustments Rules of Procedures. No member of the Board of Adjust Adjustment shall participate in either the discussion or vote on any special use permit, variance, or appeal from an administrative officer's decision in any manner that would violate the affected person's constitutional right to a fair and impartial decision maker. Prohibited conflicts include but are not limited to a member having a fixed opinion prior to hearing the matter and not willing to consider changing his or her mind and undisclosed ex parte communications with the person before the board, any witnesses, staff or other board members. Decisions on either a request for recusal by a member or objections by a person appearing before the board shall be decided by a simple majority vote. No board member shall take part in the hearing, consideration or determination of any matter in which the board member is involved or has a financial or personal interest. Personal interest shall be defined as having a family member involved in the project under consideration. A neighborhood association involvement where a board member is on the governing body of such association, or where the board member is involved in a conflict or dispute with the applicant on a matter unrelated to the application. If a board member has such a conflict, he shall declare the conflict and request to be excused from voting on the issue.
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