Wilmington Planning Commission Meeting Summary - May 7, 2025

The Wilmington Planning Commission met on Wednesday, May 7, 2025, at 6:00 p.m. in City Council Chambers (agenda listed 5:40 p.m.). The meeting covered a land development code amendment to eliminate special use permits, a conditional district rezoning for townhome development, and a street closure continuance.

Consent Calendar

• Approval of Minutes (April 2, 2025): Approved unanimously (7-0) with no changes.

Public Comments & Testimony

• LDC Amendment: Brad Schuler, a planner and local resident, spoke in opposition. He argued the amendment could violate state down-zoning statutes by reducing permitted uses, as conditional zoning ties property to specific conditions and eliminates future by-right uses. He suggested alternatives such as converting some special use permits to by-right uses or moving decisions to the Board of Adjustment.

Discussion Items

1. LDC Amendment to Replace Special Use Permits with Conditional Zoning

   • Brian Chambers (Assistant Planning Director) presented the proposal, stating it removes barriers to public participation and simplifies the process. Staff and City Attorney Meredith Everhart confirmed legal research (including UNC School of Government) concluded it is not down-zoning but a procedural change.
   • Commissioners debated impacts on property flexibility, expiration mechanisms, and public input. Concerns included that conditional zoning persists with land unlike special use permits, and that the change was motivated by a single lengthy hearing. Commissioner Cofer suggested adding expiration clauses. Commissioner Jones argued insufficient stakeholder input was gathered.
   • Motion to approve by Commissioner Cofer, seconded by Vice-Chair Adams.

2. Conditional District Rezoning – 202, 310 & 314 Covil Avenue

   • Zac Smith (Planner I) summarized the request to rezone 5.44 acres from R-15 to MD-17(CD) for 65 two-bedroom townhome units (130 bedrooms, 148 parking spaces). The site is vacant, with former Port South Village structures to be removed.
   • Applicant representative Cindee Wolf presented site design, tree preservation, stormwater compliance, and a commitment to relocate and improve a WAVE Transit bus stop with a shelter, bench, and trash can. No public comments were made.
   • Motion to approve by Commissioner Lennon, seconded by Vice-Chair Adams.

3. Street Closure – Seabreeze Boulevard (Continuance)

   • Applicant Amy Schaefer requested a continuance to a date uncertain to work with staff on options. The commission granted the continuance (7-0).

Key Outcomes

• LDC Amendment (Old Business): Motion to approve carried 4-3. Voting in favor: Commissioners Cofer, Adams, Pollock (Chair), and Woodruff. Voting against: Commissioners Collier, Lennon, and Jones. The amendment will go to City Council on June 3, 2025. Staff was directed to communicate concerns about use expiration, property flexibility, and public input.
• Conditional District Rezoning: Approved (7-0). The project will provide infill housing near transit and commercial services. A crosswalk at Covil and Broad Street may be addressed at the Technical Review Committee stage.
• Street Closure: Continued indefinitely.
• Other Business: The commission discussed meeting date changes (July 16 and September 9), public participation, and the need for applicants to provide street-facing elevations to demonstrate design character. Staff noted City Council approved a 48-unit senior affordable housing development and presented a high-level overview of the Greater Downtown Plan; a joint planning commission/council meeting is anticipated.