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Record of Proceedings

Wilmington Planning Commission Recommends Two Conditional District Rezonings on July 8, 2026

City Council & Planning Commission — Wednesday, July 8, 2026
BodyWilmington, North Carolina
SessionCity Council & Planning Commission
DateWednesday, July 8, 2026
StatusFILED
Video Record
0:00 / 1:39:07

Original source
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0:01

I'd like to call the July 8th City of Wilmington Planning Commission meeting to order and ask all please rise for the Pledge of Allegiance.

0:17

Legislature of the United States of America.

0:24

One nation under liberty and justice for all.

0:37

Thank you.

0:41

I believe the only absence we have is Commissioner Collyer, which is excused.

0:46

He notified us previously due to a work conflict.

0:50

Mr.

0:50

Attorney, do we have a quorum?

0:53

Yes, Mr.

0:54

Chair.

0:54

Thank you, sir.

0:55

Planning Commission advises city council on applications for rezoning, land development code amendments, street closures, and long-range plans and policies.

1:04

Commission holds legislative hearings, meaning that anyone wishing to speak on a request may do so.

1:09

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.

1:25

All matters requiring commission action shall be presented to the planning commission by the planning staff and the applicant.

1:31

In situations where planning staff is the applicant, there will be only one presentation.

1:37

Excuse me.

1:38

City staff will make the first presentation and the applicant will make the second presentation.

1:43

To maintain an orderly meeting, all presentations shall proceed without interruption unless the commission desires to intervene with questions or comments.

1:53

For public hearings, the chair will open the public hearing for those physically present wishing to speak about an item.

1:59

Those in favor of an item shall be heard first, followed by those opposed to an item.

2:04

A 10-minute time will be allowed for public comment in favor of an item, and a 10-minute time will be allowed for public comment in opposition to an item.

2:13

A staff member will track the 10-minute time periods and will notify the speaker at the five and one-minute marks and verbally call time when time expires.

2:22

The chair and their discretion may extend these time periods.

2:26

Yes, ma'am.

2:27

Thank you.

2:27

We have our timekeeper.

2:29

All groups, organizations, neighborhoods, or similar associations desiring to comment are asked to appoint one spokesperson to present their concerns or point of view to the commission on each agenda item.

2:41

The public has been encouraged to submit their comments in writing via a web-based form located on the City of Wilmington's website.

2:48

All comments received prior to 3 p.m.

2:50

today were forwarded unedited to the planning commission.

2:54

All comments received will be delivered to the city council when the item advances, and all comments received will be made available to the public if requested.

3:02

Ms.

3:02

Bradshaw, I know you sent two this afternoon.

3:05

Do we have any others?

3:06

No, that's all that we had.

3:08

Thank you.

3:09

For voting, all votes will be a roll call vote after proper motions are made and consistency statements read into the record.

3:16

The chair will state the outcome of the vote and the action.

3:19

Rezoning requests that receive an unfavorable recommendation from the planning commission may be appealed by the applicant to the Wilmington City Council.

3:27

Appeal should be in the form of a letter submitted to the city clerk within 10 days of this hearing.

3:32

Any item that is appealed will tentatively be heard by City Council at its August 18th, 2026 meeting.

3:55

Hearing none, do I have a motion?

3:56

I'll make a motion to approve the minutes.

3:59

Second, second.

4:01

All in favor?

4:02

Aye.

4:03

Aye.

4:04

Minutes are approved.

4:08

For the first item of new business.

4:11

We have a conditional district rezoning for property containing 1.76 acres located at 524 South College Road from O and I Office Institutional to CB Conditional District, Community Business Conditional District for General Retail and Fuel Pumps.

4:28

And Ms.

4:28

Hopkins will be the planner presenting.

4:31

Hello, good evening, Chair, Vice Chair, members of the Planning Commission for your review this evening.

4:36

I present a conditional rezoning from O and I Office and Institutional District to C B C D Commercial Business Conditional District at 525 South College Road.

4:52

Prior to submittal, a community meeting was held in February of 2025.

4:56

The application to rezone was submitted in December of 2025 and reviewed by staff.

5:01

The applicant received two variances for this site in May of 2026 for tree preservation and a drive-through facility.

5:08

Staff developed a recommendation in late June, and the project is now being presented for your review and recommendation.

5:18

The site is currently zoned OI office and institutional district.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████████████62%
Transportation Safety████████11%
Public Engagement███████10%
Procedural██████8%
Environmental Protection████5%
Public Safety█2%
Parks and Recreation█2%
Summary of Proceedings

Wilmington Planning Commission Recommends Two Conditional District Rezonings on July 8, 2026

The Wilmington Planning Commission met on Wednesday, July 8, 2026, at 6:00 p.m. in the City Council Chambers, Skyline Center, 929 North Front Street, Wilmington, NC. Six commissioners were present and constituted a quorum: Chairman John Lennon, Vice-Chair Danny Adams, and Commissioners Ace Cofer, Livian Jones, Jack Pollock, and Ron Woodruff. Commissioner Richard Collier was excused due to a work conflict. Assistant City Attorney Michael Satterfield confirmed the quorum, and Chairman Lennon read the procedures statement for legislative hearings. By unanimous votes, the Commission recommended approval of two conditional district rezoning requests: a Wawa convenience store with fuel pumps at 524 S. College Road (CD-6-226) and an expansion of permitted uses at 1415 & 1417 42nd Street (CD-PC-2026-0004). The meeting adjourned at 7:39 p.m., and the next regular Planning Commission meeting is scheduled for Wednesday, August 5, 2026.

Consent Calendar

The minutes of the June 3, 2026, regular meeting were approved without discussion or changes. Commissioner Pollock moved approval; Commissioner Jones seconded. The agenda records a 6-0 vote, while the minutes record a 5-0 vote (discrepancy noted); the transcript records only a voice vote.

Public Comments & Testimony

  • CD-6-226 (524 S. College Road): No one appeared to speak. Two written comments in opposition, received prior to the meeting and forwarded to the Commission, expressed concerns about the proposed University Drive connection and an increase in trip generation to and near the site; no written comments were received in support.
  • CD-PC-2026-0004 (1415 & 1417 42nd Street): No one appeared to speak. The minutes state two written comments in opposition were received, but the transcript indicates no comments were submitted, and Commissioner Jones noted that no one spoke or wrote in opposition. The written-comment statement in the minutes appears to be an error duplicated from the first item.

Discussion Items

Item 1 — Conditional District Rezoning, 524 S. College Road (CD-6-226)

Planner Haley Hopkins presented the request by the applicant, represented by attorney Sam Franck of Ward & Smith, to rezone the 1.76-acre property (Parcel ID R05511-002-034-000) from O&I (Office and Institutional) to CB(CD) (Community Business, Conditional District) for a Wawa convenience store with fuel pumps and a pickup window. The site contains the vacant former Furniture Fair building, which would be removed. Staff noted:

  • Proposed access includes a right-in/right-out driveway from South College Road and a future connection to University Drive through cross-access easements; the applicant confirmed the 32-foot-wide access parcel is owned by the applicant and included in the rezoning.
  • The project includes landscaping, pedestrian improvements, 43 parking spaces, and would reduce impervious surface coverage by slightly more than 900 square feet.
  • A community meeting was held in February 2025; the application was submitted in December 2025; two variances were granted in May 2026 (for specimen tree removal and the pickup window/drive-through facility).
  • Recommended conditions included an inviting, pedestrian-oriented appearance for street-facing doors; a pedestrian connection to the MD-17 residential parcel to the west; a three-foot-tall planting strip screening parking and loading along South College Road; and relocation of trees within the NCDOT right-of-way.
  • Staff found "modest support" in the Create Wilmington Comprehensive Plan, with an almost even split of supporting and non-supporting policies; the site is not in an "area of opportunity" but lies along a major corridor, regional parkway, and high-capacity transit route. Staff recommended approval.

Commissioners asked about traffic circulation, the Traffic Impact Analysis (TIA), University Drive access, pedestrian connectivity, landscaping, buffering, tree preservation, and compatibility with surrounding development. Key responses from the applicant:

  • The proposal eliminates one of the site's two existing curb cuts on College Road and extends the deceleration lane, consistent with TIA recommendations.
  • The TIA assumed a 60-40 split of site traffic between College Road and University Drive and a 75 percent pass-by trip factor for the convenience-store use. The applicant stated that the roughly 3,500-trip increase shown in the staff report (Table 3.5.3B) reflects total trips before the pass-by factor is applied.
  • Compared with the currently vacant site, the applicant stated the project would add about a 1 percent increase in traffic on a corridor carrying more than 60,000 vehicles per day; a comparison with by-right O&I uses showed a strip retail plaza would generate more evening peak-hour trips and a high-turnover restaurant a similar number of trips.
  • The University Drive public right-of-way ends approximately 75 feet short of the applicant's connection point; the applicant acknowledged the need to secure access across that gap through a private arrangement or public right-of-way extension, saying the project could not be built if that access cannot be achieved.
  • The pickup window is 138 feet from residential property, below the 200-foot code requirement, necessitating the drive-through variance; the applicant noted the window has no speaker or menu board.
  • The applicant objected to the original Condition No. 5 requiring relocation of the three crepe myrtles in the NCDOT right-of-way, stating that two of the three trees conflict with required driveway and sidewalk improvements and that NCDOT owns the trees.

Commissioner positions: Commissioner Jones expressed strong support, calling Wawa a "very favorable product" and the location "perfect," citing a lack of quality service stations for drivers entering Wilmington from Brunswick and Pender counties along the College Road corridor. Commissioner Cofer expressed support, citing existing area precedent and the practical need for services. Staff and the applicant also discussed possible pedestrian improvements along the state-owned College Road corridor, including a suggested sidewalk extension in front of the Wells Fargo property to reach the intersection crosswalks, but noted such improvements would require NCDOT encroachment agreements and could not be conditioned on the applicant.

The public hearing was opened; no one appeared, and the two written comments in opposition were noted. Following discussion of revised Condition No. 5 language, Commissioner Pollock moved to recommend approval with the revised conditions; Vice-Chair Adams seconded. The final amended Condition No. 5 states that any existing trees removed within the right-of-way must be relocated on site unless (1) existing utilities prevent relocation, (2) moving the trees would cause irreparable damage to the trees, or (3) the current owner (NCDOT) does not agree to removal. The motion passed 6-0.

Following the vote, Commissioners discussed the complexity of tree preservation and removal, noting the roles of utility infrastructure, City ordinances, state and City road ownership, rights-of-way, private easements, and the difficulty of relocating mature trees with extensive root systems.

Item 2 — Conditional District Rezoning Modification, 1415 & 1417 42nd Street (CD-PC-2026-0004)

Planner Tucker Cherry presented the request from applicant Matt Hearn to modify the existing RB(CD) (Regional Business, Conditional District) zoning on the 0.45-acre site (Parcel IDs R06106-002-001-000 and R05518-027-013-000). The conditional district — approved in 2020 per staff, though commissioners referred to 2022 during discussion — limits the property to three uses: nightclub, personal service, and retail plant shop, matching the existing tenants (Reggie's 42nd Street Tavern, 42nd Street Barbershop, and Reggie's Veggies and Plants). The modification would add: restaurant, food catering services, artisan food and beverage production, small-scale general retail, offices, studios, performing arts, fine arts, dance, martial arts, and recreation facilities. Staff noted:

  • No changes are proposed to the approved site plan, building footprint, parking layout, or other physical improvements.
  • The site is within a "suburban commercial retrofit and neighborhood scale infill development" area of opportunity between two mixed-use place centers under the Create Wilmington Comprehensive Plan.
  • Staff found modest policy support and recommended approval; the staff presentation stated no comments or testimony had been received.

Commissioners asked why the modification was necessary. Staff and the applicant explained that a conditional district permits only the uses expressly listed in the approved ordinance, so a tenant or use change can require another rezoning even when no physical changes are proposed. Mr. Hearn said the request is intended to provide long-term flexibility so future small, neighborhood-compatible businesses can occupy the tenant spaces without returning to the Commission; he noted the current barber may be leaving. He confirmed that no building additions, parking changes, or other physical modifications are proposed.

Commissioner Jones noted that the lack of opposition indicated the applicant had managed the existing conditional district well. The public hearing was opened; no one appeared to speak. Commissioner Cofer moved to recommend approval subject to the conditions in the staff report, stating the request is consistent with the Create Wilmington Comprehensive Plan and is reasonable and in the public interest because it introduces additional goods and services while maintaining the existing character of the surrounding area. Commissioner Jones seconded. The motion passed 6-0.

Staff Reports & Other Business

  • Planning Director Linda Painter reported that the Wilmington City Council unanimously adopted the Greater Downtown Plan on June 16, 2026, and approved the Land Development Code maintenance amendments that the Commission had reviewed in May.
  • The general rezoning request for 320 Military Cutoff Rd. will be heard at the July 21, 2026, City Council meeting — the Council's only meeting in July.
  • No items were raised by Commission members.

Key Outcomes

  • Minutes (June 3, 2026): Approved (agenda records 6-0; minutes record 5-0).
  • CD-6-226 — 524 S. College Road: Recommended approval 6-0 to the City Council, with revised staff conditions including the amended Condition No. 5 on street-tree relocation.
  • CD-PC-2026-0004 — 1415 & 1417 42nd Street: Recommended approval 6-0 to the City Council, subject to staff conditions.
  • Both items received favorable recommendations, so the 10-day appeal process for unfavorable recommendations is not triggered; appealed items would tentatively be heard by City Council on August 18, 2026.
  • The meeting adjourned at 7:39 p.m.; the next regular Planning Commission meeting is Wednesday, August 5, 2026.

Meeting Transcript

I'd like to call the July 8th City of Wilmington Planning Commission meeting to order and ask all please rise for the Pledge of Allegiance. Legislature of the United States of America. One nation under liberty and justice for all. Thank you. I believe the only absence we have is Commissioner Collyer, which is excused. He notified us previously due to a work conflict. Mr. Attorney, do we have a quorum? Yes, Mr. Chair. Thank you, sir. Planning Commission advises city council on applications for rezoning, land development code amendments, street closures, and long-range plans and policies. 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. All matters requiring commission action shall be presented to the planning commission by the planning staff and the applicant. In situations where planning staff is the applicant, there will be only one presentation. Excuse me. City staff will make the first presentation and the applicant will make the second presentation. To maintain an orderly meeting, all presentations shall proceed without interruption unless the commission desires to intervene with questions or comments. For public hearings, the chair will open the public hearing for those physically present wishing to speak about an item. Those in favor of an item shall be heard first, followed by those opposed to an item. A 10-minute time will be allowed for public comment in favor of an item, and a 10-minute time will be allowed for public comment in opposition to an item. A staff member will track the 10-minute time periods and will notify the speaker at the five and one-minute marks and verbally call time when time expires. The chair and their discretion may extend these time periods. Yes, ma'am. Thank you. We have our timekeeper. All groups, organizations, neighborhoods, or similar associations desiring to comment are asked to appoint one spokesperson to present their concerns or point of view to the commission on each agenda item. The public has been encouraged to submit their comments in writing via a web-based form located on the City of Wilmington's website. All comments received prior to 3 p.m. today were forwarded unedited to the planning commission. All comments received will be delivered to the city council when the item advances, and all comments received will be made available to the public if requested. Ms. Bradshaw, I know you sent two this afternoon. Do we have any others? No, that's all that we had. Thank you. For voting, all votes will be a roll call vote after proper motions are made and consistency statements read into the record. The chair will state the outcome of the vote and the action. Rezoning requests that receive an unfavorable recommendation from the planning commission 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 City Council at its August 18th, 2026 meeting. Hearing none, do I have a motion? I'll make a motion to approve the minutes. Second, second. All in favor? Aye. Aye. Minutes are approved. For the first item of new business.

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