2022-11-03 PB MINUTES
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Minutes of the New Hanover County Planning Board
November 3, 2022
A regular meeting of the New Hanover County Planning Board was held on November 3, 2022, at 5:00 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, Director of Planning
Jeff Petroff, Vice Chair Robert Farrell, Senior Current Planner
Hansen Matthews Kenneth Vafier, Planning Manager
Clark Hipp Dylan McDonnell, Long Range Planner
Pete Avery Julian Griffee, Current Planner
Colin Tarrant Sharon Huffman, Deputy County Attorney
Chair Donna Girardot called the meeting to order at 6:00 p.m.
Chair Girardot announced that the agenda item for a Special Use Permit Preliminary Forum for a cell phone tower had
been removed from the agenda and will be rescheduled for a future date.
Director of Planning, Rebekah Roth led the Pledge of Allegiance.
Approval of Minutes
Minutes from the October 6, 2022, Planning Board meeting were presented to the members. No changes or amendments
were identified. Board Member Pete Avery made a MOTION, SECONDED by Board Member Clark Hipp, to approve the
minutes as drafted.
Motion to approve minutes carried 6-0.
NEW BUSINESS
Rezoning request (Z22-20) - Request by Cindee Wolf with Design Solutions, applicant, on behalf of Lora Gabrio, property
owner, to rezone approximately 0.36 acres of land located at 7100 Carolina Beach Road from R-15, Residential to (CZD)
O&I, Office and Institutional to convert an existing single-family home to an office
Current Planner Julian Griffee 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. Griffee stated that the proposal was to rezone 0.36 acres from R-10 to CZD O&I to renovate an existing single-
family dwelling and add approximately 200 square feet of additional floor area for business offices. He stated that
the applicant intended to abandon the existing driveway access to Carolina Beach Road and provide a new access
from Lehigh Road. He stated that the applicant proposed to limit future uses to Offices for Private Business and
Professional Services, Instructional Services and Studios, Personal Services (General), and Single-Family Residential.
Mr. Griffee provided information indicating that the existing development generated 1 AM and PM peak hour trip.
He stated that the proposed development was estimated to generate approximately 2 AM and 2 PM peak hour trips.
This would result in an increase of 1 AM peak hour trip and 1 PM peak hour trip.
Mr. Griffee stated that the subject site was located along Carolina Beach Road, a heavily traveled arterial road. He
stated that there was residential and commercial zoning within the general vicinity and the development could serve
as a transition between Carolina Beach Road and the existing residential neighborhood to the west. He stated the
proposal provided flexibility between residential and commercial uses and preserved the ability for the site to be
used as a single-family residence in the future. He stated that a Type-A opaque buffer was required to be placed
between the commercial development and the adjacent single-family residence in the future.
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He stated that the Comprehensive Plan classified this area as Community Mixed Use and that this project was
generally consistent with the 2016 Comprehensive Plan which recommended a mixture of uses that included low to
moderate intensity retail and services that could support nearby neighborhoods. He stated that if the rezoning were
approved it would be subject to Technical Review Committee and Zoning Compliance review processes to ensure full
compliance with all ordinance requirements.
In response to questions of the Board about a Type-A opaque buffer, Mr. Griffee stated that applicants had options
during development on how to meet the Type-A opacity requirements which allow a mix of vegetation and a fence,
vegetation only, or a berm, and that there were distance requirements stated within the Unified Development
Ordinance.
In response to questions of the Board, regarding the residential use being allowed in O&I, Mr. Griffee stated that
the residential use was currently allowed in the O&I zoning district within the Unified Development Ordinance.
Chair Girardot opened the public hearing and recognized the applicant.
Ms. Cindee Wolf, applicant, provided a summary description of the proposed project. She stated the requested zoning was
consistent with the Office and Institutional mix along Carolina Beach Road. She stated that as part of the applicant’s
proposal, the trees located behind the subject property would be preserved and that there would be no problem with the
driveway going between the two trees. She stated that the driveway would require an NCDOT permit because Lehigh was
a state-maintained road. She stated that although this was a conceptual site plan, that for TRC, an actual site plan would
be required that indicated where the trees would be specifically located, and their specific species and diameter. She
stated that this was a great opportunity for adaptive reuse of an existing building, removal of the driveway from Carolina
Beach Road eliminated a conflict point, and the applicant would follow streetyard requirements for both Carolina Beach
Road and Lehigh Road. She stated the property was on a septic system but would have to be substantiated by the Health
Department.
She stated that the rezoning was consistent with the 2016 Comprehensive Plan which designated the parcel as the
Community Mixed-Use place type, which promoted fostering sustainable growth through sensible infill and location
efficiency. She stated that adaptive reuse and rehabilitation of existing buildings facilitated re-development options that
would enhance the area’s character with required building code and ordinance upgrades, while approval as a Conditional
District ensured compatibility and minimization of impacts on the adjacent residences. She stated that the proposal
provided an orderly transition between the busy Carolina Beach Road highway corridor and the existing residential
neighborhood along Lehigh Road.
In response to questions from the Board about the protection of the trees, Ms. Wolf stated that the Unified Development
Ordinance provisions regarding Tree Preservation protect the trees. She stated once the proposal was approved for the
O&I district and commercial development, the Unified Development Ordinance would protect any regulated and
significant tree. She stated that after review of the site that it was clear that there was no reason to remove the existing
trees along Lehigh Road.
Chair Girardot opened the hearing to those with questions or in opposition.
With no one signed up to speak in opposition or with questions, Chair Girardot closed the public hearing and opened to
Board discussion.
After discussion from the Board regarding adding a requirement to maintain all significant trees, Vice Chair Jeff Petroff
made a MOTION, SECONDED by Board Member Pete Avery, to RECOMMEND APPROVAL of the proposed (CZD) O&I
rezoning. The Board found it to be CONSISTENT with the purposes and intent of the Comprehensive Plan because the
project provided for the types of uses recommended in the Community Mixed Use place type. The Board found
RECOMMENDING APPROVAL of the rezoning request was reasonable and in the public interest because the proposal
would allow for service-oriented uses that could serve as an appropriate transition between the existing neighborhood
and the heavily traveled roadway, the proposed use types allow for services that are relatively low traffic generators, and
the possibility of the parcel returning to a residential use is retained, with the following conditions:
1. Restricting the uses allowed within the district to allow for Offices for Private Business and Professional
Activities, Instructional Services and Studios, Personal Services, General, and Dwelling, Single-Family Detached.
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2. The existing access to Carolina Beach Road will be removed and abandoned and a new driveway will be
permitted to Lehigh Road, contingent on NCDOT approval.
3. Streetyard landscaping will be installed along Carolina Beach Road to meet current landscape requirements.
4. Any free-standing sign(s) on the site shall be monument style with landscaping around the base of the sign. No
pole signs shall be permitted.
5. Exterior lighting, including luminaries and security lights, shall be arranged, or shielded so as not to cast
illumination in an upward direction above an imaginary line extended from the light sources parallel to the
ground. Fixtures shall be numbered in such that adequate levels of lighting are maintained, but that light spillage
and glare are not directed at adjacent property, neighboring areas, or motorists. Light posts shall be no taller
than twelve feet.
6. The existing significant trees on the subject site shall be preserved.
The motion to recommend approval of the proposed O&I rezoning request carried 6-0
OTHER ITEMS
2023 Planning Board Meeting and Agenda Review Schedule was presented to the members. No changes or amendments
were identified. Board Member Pete Avery made a MOTION, SECONDED by Vice Chair Jeff Petroff, to adopt the 2023
Planning Board Meeting and Agenda Review Schedule as presented.
Motion to approve minutes carried 6-0.
Chair Girardot asked Ms. Roth to provide a brief summary of the status of the Hwy 421 Tree Mitigation Amendment.
Ms. Roth stated that staff had met twice with a focus group of stakeholders made up of both the development community
and tree advocacy community and had come up with a series of common understandings about the trees in the Hwy 421
area and what was possible specifically along the corridor along with some amendment concepts that would be presented
to the Board of Commissioners at their meeting on November 14. She stated that staff was currently waiting on some
final technical language from some of the stakeholders in order to finalize the amendment draft. She stated once that
was done it would be included in the Commissioners’ packet and posted to the county website.
Ms. Roth stated that it looked like there would be a relatively large number of items on the agenda for the December
Planning Board meeting and that the meeting was estimated to last about 4 ½ hours. She asked the board if they would
be interested in exploring if the meeting could be held a little earlier. The Board concurred that they would be interested
in an earlier start time. Ms. Roth stated as soon all logistics were in place, the board members would be notified.
Chair Donna Girardot adjourned the meeting at 6:34 PM.
Please note that the above minutes are not a verbatim record of the New Hanover County Planning Board Meeting.