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Board approves Baker Commercial variance reducing tree mitigation; requires larger trees, annual reports and $31,689 fee to preserve nearbyAbbey Nature Preserve
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Summary
The Pender County Board of Adjustments granted Baker Commercial a variance from UDO tree‑mitigation rules for a commercial development, accepting 188 on‑site replacement trees, requiring 163 of those at a 3‑inch caliper, a five‑year annual reporting condition, and a $31,689 fee‑in‑lieu to fund plantings at the adjacent Abbey Nature Preserve.
The Pender County Board of Adjustments voted Nov. 19 to grant a variance to Baker Commercial Properties for relief from the county’s tree‑mitigation requirement tied to a proposed grocery‑anchored commercial development on U.S. Highway 17.
Planning staff told the board the redevelopment will require removal of 167 significant trees and, under Pender County Unified Development Ordinance (UDO) section 8.10.3, would ordinarily require planting 334 mitigation trees. The applicant told the board it can plant 188 mitigation trees on site but cannot meet the full 334‑tree requirement because a utility easement along the highway prohibits canopy tree plantings.
Sam Frank, an attorney representing the applicant, argued strict compliance with the 2‑for‑1 replacement requirement would make productive use of the site impracticable. Frank said the applicant will plant 188 trees on site and proposed that 163 of those be 3‑inch caliper specimens (larger than the UDO minimum) so canopy will establish more quickly.
Neighbors testified they worry the development will worsen local flooding and degrade watershed functions. Wolfgang Herman and Susan Herman described repeated flooding and expressed concern that the proposed detention pond and replacement plan would not prevent increased runoff to Scotts Hill Run. Kim Meyer, a local community representative, said the proposal meets roughly 57% of the ordinance’s tree requirement and urged stricter adherence.
Pender County Parks and Recreation Director Zach White said parks staff had worked with the applicant and staff on an off‑site mitigation option. The applicant offered a fee‑in‑lieu payment to fund planting at the adjacent Abbey Nature Preserve; counsel said landscaper quotes and discussions with parks staff produced an estimate of $31,689 to cover 132 trees the preserve plan would accept, and offered that payment as a condition.
Board members discussed enforcement and long‑term maintenance. Staff cited UDO provisions that require plantings be maintained in an attractive and healthy condition and permit enforcement if plantings are not maintained. The board settled on three primary conditions: (1) approval conditioned on planting 163 of the 188 on‑site mitigation trees at a minimum 3‑inch caliper, (2) the applicant submit annual reports to county planning on tree health for five years, and (3) the applicant pay $31,689 as a fee‑in‑lieu to Pender County to be used for tree plantings at Abbey Nature Preserve. A motion to grant the variance with those conditions passed by voice vote.
The applicant’s engineer also told the board the site’s retention pond was designed to North Carolina DEQ standards so post‑development runoff would be controlled; the applicant said state stormwater permitting requirements remain in force regardless of the variance.
The board’s approval allows the master development plan to proceed subject to the stated conditions; the developer said it would also include additional planting and landscape measures to maximize canopy restoration on site.
