Wilmington Planning Commission Regular Meeting – June 4, 2025
Wilmington Planning Commission Regular Meeting – June 4, 2025
The Wilmington Planning Commission held its regular meeting on Wednesday, June 4, 2025, at 6:00 PM in City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC. The commission addressed four new business items, approved the minutes from May 7, 2025, discussed updates to the Rules of Procedure, and began a subcommittee process to review the use of Special Use Permits (SUPs). All votes were unanimous (7‑0) unless otherwise noted.
Approval of Minutes – May 7, 2025
- Commissioner Lennon noted that a discussion regarding best practices and trends in other areas was initiated by staff, not commissioners. Staff accepted the correction.
- Commissioner Woodruff moved to approve the minutes as amended; the motion carried 7‑0.
New Business – Item 3 (Moved to Top): Conditional Rezoning – 120 & 124 Canal Street (CD‑14‑625)
- Amy Schaefer, on behalf of the applicant, requested a continuance to finalize the request. She stated no feedback from neighbors had been received.
- Vice‑Chair Adams moved to continue to September 10, 2025; seconded by Commissioner Lennon. The motion carried 7‑0.
New Business – Item 1: General Rezoning – 3606 Market Street (Z‑7‑525)
- Staff Presentation: Planning Manager Patrick O’Mahony summarized the request to rezone 2.08± acres from O&I (Office and Institutional) to CS (Commercial Services). The site is used by Nourish NC, a nonprofit food distribution center. Staff noted the Comprehensive Plan designates the area as a “Retrofit Area of Opportunity” and “Urban Mixed Use Center”; CS would allow by‑right uses (e.g., light industrial, outdoor storage) considered incompatible. Staff recommended denial and suggested a conditional rezoning as an alternative.
- Applicant Presentation: Cindee Wolf (on behalf of Nourish NC) explained the nonprofit purchased the property in 2019, expanded in 2021, and received a certificate of occupancy as a social service use. A planned walk‑in freezer and storage building triggered a zoning administrator determination that the use is “warehouse/distribution,” not permitted in O&I. Wolf argued the site is already improved to modern standards, is surrounded by CS‑zoned properties, and the risk of undesirable future uses is minimal. Conditional rezoning was considered too burdensome for a nonprofit.
- Commission Discussion: Commissioners expressed support, noting the surrounding CS zoning, the nonprofit’s mission, and the low probability of incompatible uses. Several commissioners acknowledged the general rezoning was not ideal but made an exception given the circumstances.
- Public Hearing: Opened and closed with no speakers.
- Vote: Commissioner Lennon moved to approve, seconded by Commissioner Collier. Motion carried 7‑0.
New Business – Item 2: General Rezoning – 3816 Market Street (Z‑8‑625)
- Staff Presentation: Planner II Hillary Taylor summarized the request to rezone 0.81± acres from O&I to CB (Community Business). The site is a parking lot serving an adjacent church. Staff noted the Comprehensive Plan promotes compatible commercial development along major corridors; CB allows office, retail, and personal service uses that transition well between commercial and multi‑dwelling residential areas. Staff recommended approval.
- Applicant Presentation: Dave Spetrino described the site as the final phase of a six‑year project. The new church facility is nearly complete. Spetrino stated O&I was inappropriate for the intended use and that CB is the most logical district. He provided renderings and site concepts but emphasized the request is for a general rezoning; he argued conditional rezoning is overly burdensome and inflexible.
- Commission Discussion: Commissioners noted CB is a better policy fit than CS, avoiding problematic industrial uses. They acknowledged the applicant’s thoughtful design and the irregular shape of the lot.
- Public Hearing: Opened and closed with no speakers.
- Vote: Commissioner Collier moved to approve, seconded by Commissioner Jones. Motion carried 7‑0.
New Business – Item 4: Street Closure – Aubrey Alley (SC‑4‑625)
- Staff Presentation: Planning Director Linda Painter summarized the request to close a 330‑foot, 0.23‑acre portion of Aubrey Alley between Parsley Street and Davis Street. The alley is unimproved and currently provides no meaningful connection. The closure would not impact connectivity and is part of the city’s effort to manage surplus property adjoining the alley. Staff recommended approval.
- Commission Discussion: Commissioner Adams asked about the origin of the request; Painter stated it came from the City Attorney’s Office. Commissioner Collier confirmed the city owns one adjacent parcel; other private parcels would also be affected. Commissioner Lennon expressed concern about the city giving away land and urged that future sale prices reflect the added square footage.
- Public Hearing: Opened and closed with no speakers.
- Vote: Commissioner Collier moved to approve, seconded by Vice‑Chair Adams. Motion carried 7‑0.
Other Business – Rules of Procedure
- Linda Painter reviewed proposed amendments to the Planning Commission’s Rules of Procedure, including:
- Section 3b: Clarifying filing requirements for applications needing legislative hearings (e.g., land use plan amendments, permanent street closures), excluding items like annexations that go directly to City Council.
- Conduct of Meetings: Giving the presiding officer authority to grant a single time extension; additional extensions would require a commission vote.
- Commission Action:
- Withdrawals before public notice: no commission action needed; item not placed on agenda.
- Continuances: commission action required only if public hearing notice has been advertised; applicants must appear and show good cause.
- Withdrawals after public notice: staff recommended removing the requirement for applicants to appear in person, as a withdrawn application no longer exists and cannot be compelled. The commission accepted this change.
- Commissioner Lennon moved to approve the rules as amended; seconded by Vice‑Chair Adams. Motion carried 7‑0.
Other Business – Items from Staff
- Calendar Update: The July meeting is rescheduled to July 16, 2025, and the September meeting to September 10, 2025, due to construction of the new council chambers.
- Greater Downtown Plan: Staff noted a presentation to City Council and a forthcoming joint work session with the Planning Commission (likely two four‑hour sessions) to discuss the plan’s recommendations.
- City Council Actions (June 3, 2025):
- Approved initial zoning for an annexation on Kerr Avenue and a townhome development on Covil Avenue.
- Continued the proposal to replace Special Use Permits with Conditional Zoning to the first meeting in August, asking staff and the Planning Commission to reduce the number of uses requiring SUPs and to gather stakeholder input.
Other Business – Items from Commission
- Special Use Permit Review Subcommittee: Chairman Pollock proposed a subcommittee (himself, Commissioner Collier, and Commissioner Jones) to work with staff on reviewing the use table, identifying which SUPs could be replaced by conditional zoning or prescribed conditions. Commissioner Lennon emphasized the need for broader stakeholder involvement (developers, attorneys, engineers, public).
- Consensus was reached to form the subcommittee, which will meet with staff and invited stakeholders (including legal professionals, developers, and potentially members of the public) to refine recommendations before the July commission meeting, with the goal of presenting findings to City Council in August.
Key Outcomes
- Votes: All four new business items were approved 7‑0. The Canal Street item was continued 7‑0 to September 10, 2025.
- Rules of Procedure: Approved 7‑0, with the change that withdrawals after public notice do not require applicant attendance.
- SUP Subcommittee: Chairman Pollock, Commissioner Collier, and Commissioner Jones were appointed to a subcommittee; they will meet with staff and stakeholders and report back at the July 16, 2025 meeting.
- Next Meeting: Scheduled for Wednesday, July 16, 2025, at 6:00 PM (location TBD, likely the new Skyline Center chambers).
Meeting Transcript
Good evening. I'm going to call to order the uh what day you say the June 10 June 4th uh meeting of the Planning Commission. At this point, I would ask you all to please rise and join me in a pledge of allegiance. I pledge allegiance to the flag of the United States of America and to the Republic for which it stands. One nation under God, indivisible with liberty and justice for all. Um Commissioner Jones, as I understand, has just walked into the room. So that is timing is everything. Um Mr. Attorney, do we have a quorum? Yes, Mr. Chair. Thank you. Allow me to read the following procedure statement. Planning Commission advises council on applications for rezoning land development code amendments, street closures, and long range plans and policies. The commission holds legislative hearings, meaning that anyone wishing to speak on a request may do so. The commission issues a recommendation based on consistency of the request with the intent and purpose of the land development code and consistency of a request with the Create Wilmington Comprehensive Plan and other relevant adopted plans and policies. Both presentations are limited to five minutes each. Followed by those opposed by an item. Staff member, Ms. Painter will keep uh track of the 10 minute time periods and notify the speaker at the five minute mark, one minute mark, and verbally um call time. The chair may extend these time periods as I said. Groups and organizations present and desiring to comment are asked to appoint a spokesperson to present their concerns or point of view to the commission. Public has been encouraged to submit their comments in writing via a web paged form located on the city manager's website. All comments received prior to 3 p.m. today were forwarded unedited to the planning commission. Amy, I'm assuming we've had no uh emails from or comments from anything. None. Okay. Um all comments received are delivered to city council as the item advances. Votes uh votes will be voice votes after proper motions are made and consistency statements are read into the record. The chair will state the outcome of the vote and the action. If there is an appeal, rezoning requests that receive an unfavorable recommendation may be appealed by the applicant to the Wilmington City Council. Appeal should be in the form of a letter submitted to the city clerk within 10 days of this hearing. Any item that is appealed will tentatively be heard by the city council at their July 15 meeting. Um at that point, let me move on. And uh first thing is I need approval of the minutes from last meeting. So uh commissioners, any uh inputs, additions. Commissioner Lennon. Um thank you, Mr. Chairman. On page four, third paragraph from the bottom. I just don't remember anybody saying this, and uh I just if if you all do please correct me. The reference or the says others maintain that this shift aligns with modern best practices and trends and other North Carolina municipalities such as Charlotte, Oak Island, and Wrightsville Beach, which are either reducing or eliminating SUPs. I just don't remember anybody saying aligns with modern best practices and trends. Does anybody remember that? Commissioner Adams. I feel like that was coming from staff and not the commission. That was that was my recollection. And in the the um I I know the reference to those municipalities was I just it's a picky thing. I just don't remember that term being used in the minutes or in the in the dialogue, excuse me.
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