2021-01-07 PB MINUTES
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Minutes of the
New Hanover County Planning Board
January 7, 2021
A regular meeting of the New Hanover County Planning Board was held on January 7, 2021 at 6:00 p.m. in the
New Hanover County Historic Courthouse, 24 North Third Street, Room 301 in Wilmington, North Carolina.
Members Present Staff Present
Donna Girardot, Chair Rebekah Roth, Interim Director of Planning
Paul Boney, Vice Chair Ken Vafier, Planning Manager
Colin J. Tarrant Brad Schuler, Senior Planner
Ernest Olds Gideon Smith, Current Planner
Thomas “Jordy” Rawl Ron Meredith, Current Planner
Sharon Huffman, Deputy County Attorney
Members Absent
Jeffrey B. Petroff
H. Allen Pope
Chair Donna Girardot called the meeting to order at 6:00 p.m. Planning Manager Ken Vafier led the Pledge of
Allegiance. Chair Girardot read the procedures for the meeting and welcomed the audience.
Approval of Minutes
Minutes from the April and May 2019 Planning Board meetings were presented to the members. No changes or
amendments were identified. Board Member Thomas Rawl made a MOTION, SECONDED by Board Member
Ernest Olds to APPROVE the minutes as drafted.
Motion to approve minutes carried 5-0
NEW BUSINESS
Rezoning Request (Z20-23) – Request by Mr. Hamilton Hicks Jr. on behalf of property owners, Dora Lee and
David Earl Raines Heirs, to rezone approximately 8.28 acres of land located at east of Marjoram Way near the
900 block of North Kerr Avenue from R-15, Residential District, to RMF-L, residential Multi-Family District.
Planner Gideon Smith provided information pertaining to location, land classification, access, transportation and
zoning. He showed maps, aerials and photographs of the property and surrounding area and gave an overview of
the proposed application as referred to in the staff report.
Mr. Smith explained that according to city staff and the applicant, the potential city rezoning was on hold at
this time as city staff has indicated a preference for a conditional rezoning request and application for
annexation. The subject site can still be developed under the County’s RMF-L standards without a rezoning
being pursued within the city’s jurisdiction.
Mr. Smith explained that the current zoning would allow a maximum of 21 dwelling units, however the
applicant was proposing to rezone the subject property to RMF-L which would allow a maximum of 83
dwelling units.
Mr. Smith stated the proposed rezoning to an RMF-L district would allow for diverse housing options consistent
with both the Strategic Plan and with the recommended densities within the general Residential place type as
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outlined in the 2016 Comprehensive Plan and that the proposed rezoning would allow for the development
patterns similar to the existing community.
In response to questions from the Board, Mr. Smith explained that staff had spoken with city staff, and they had
indicated their preference to the type of application should the applicant move forward with the rezoning within
the city’s jurisdiction.
Chair Girardot opened the public hearing and recognized the applicant.
Mr. Hicks Jr. representing Dora Lee and David Earl Raines Heirs stated he had no comments in addition to staff’s
presentation but would be glad to answer any questions of the Board.
In response to questions from the Board, Mr. Hicks stated he had asked the rezoning application with the city be
put on hold until the owners could evaluate staff’s request to have a development plan which is currently in
discussion. He stated there was a possibility of another type of zoning more suitable for that land but as of right
now all actions with the city are on hold. Mr. Hicks stated he came to the county because the rezoning request
was considered by the county without the need for a development plan.
In response to questions about an email sent to the Board members by Shipman and Wright earlier in the
afternoon, Mr. Hicks stated Shipman and Wright want exclusive reservations for the extension of the road, but
this was not the time to look at the extension of that road and reserving right of way until the development phase
when development plans have been submitted. This was strictly a rezoning to multi-family with increased density
which in essence would enhance the support of the road with better justification for increased roadway.
Mr. David Novotny, representing the property owner adjacent to the applicant’s property spoke in opposition to
the proposed rezoning. Mr. Novotny stated in reviewing the report it appeared neither staff nor the applicant
were aware of the amendment to the Gingerwood Collector Street Plan adopted by city council in 2009. He
pointed out the figure on page two of the memorandum issued by Shipman and Wright, which depicted the
Hunters Trail extension. He stated there was no opposition of the change in zoning but felt this information
needed to be included in the review of the applicant’s submittal.
Ms. Amy-Ellen Meritt, resident Cornerstone Apartments of Sagedale Drive, addressed the Board with questions
about the access road related to the development and if the road would be passing though her apartment
complex’s site. Mr. Smith responded based on comments provided by NCDOT, Sagedale has been closed off and
would require that residents to turn at the light at New Centre and go on to Marjoram Way if this site were to be
developed. He stated staff did not have the specific development plans to review and based on the development
plans and information provided to staff, there was no plan to build a road through the apartment complex.
Mr. Steve Culbreth, representing the Dora Lee and David Earl Raines Heirs spoke in support of the proposed
rezoning. He gave a brief history on the subject site describing the original ownership boundaries of the land between
Kerr Avenue and the subject property prior to NCDOT building Marjoram Way in between. He expressed his concerns
about not approving the request to rezone the site based on a decision to build a road that may or may not
happen in the future.
In response to questions from the Board, Mr. Smith explained because this was a general rezoning, conditions
could not be placed on it. If it were approved, any site specific plans would go through the Technical Review
Committee process in which staff would discuss with the developer the county’s ordinance requirement for
roadways to be stubbed to the property line. Although the ordinance does not state the stub would have to be in
line with the approved plans, throughout the TRC process staff would talk with the developer to negotiate the
roadway stub to align with the plan.
In response to questions from the Board, Ms. Rebekah Roth, Interim Planning and Land Use Director, responded it
would be difficult to determine any impact on staff’s decision and recommendation.
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With no further questions and no further information from the applicant, Chair Girardot closed the public hearing
and opened to Board discussion
After the board described their support for the project, stating that the proposed straight rezoning would not
impact the potential extension of a roadway, and looking from the county’s point of view and ordinances, Board
Member Ernest Olds made a MOTION, SECONDED by Board Member Thomas Rawl, to recommend APPROVAL of
the proposed rezoning to an (RMF-L) Residential Multi-Family district. The Board found it to be CONSISTENT with
the purposes and intent of the Comprehensive Plan as the residential uses allowed are in line with the lower
density multi-family housing outlined for general residential areas and the potential development patterns and
densities are consistent with the surrounding neighborhoods. The Board also found APPROVAL of the rezoning
request reasonable and in the public interest because the proposal would benefit the community by providing
diverse housing options, is an appropriate application of infill development due to the proximity, roadways,
commercial activities and other existing multi-family development and zoning and it is likely to be developed as
single family because of the recent and future roadway improvements along North Kerr Avenue and Martin
Luther King Jr. Parkway.
The motion to approve the rezoning request carried 5-0.
OTHER BUSINESS
Election of Planning Board Officers
Ms. Sharon Huffman opened the floor for nomination for Chair of the Planning Board.
Chair Girardot made a MOTION, SECONDED by Board Member Thomas Rawl, for nomination of Mr. Paul Boney as
Chair of the Planning Board.
The motion to approve the nomination carried 5-0.
Ms. Sharon Huffman opened the floor for a nomination for Vice Chair of the Planning Board.
Board Member Mr. Ernest Olds made a MOTION, SECONDED by Board Member Mr. Paul Boney, for nomination
of Mr. Jeff Petroff as Vice Chair of the Planning Board.
The motion to approve the nomination carried 5-0
Chair Donna Girardot adjourned the meeting at 7:32 p.m.
Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board
Meeting.