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Planning board backs Market Street rezoning despite calls for conditional review

New Hanover County Planning Board · March 6, 2026
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Summary

The board voted to recommend approval of a straight rezoning of a 0.58‑acre Market Street parcel from R‑15 to general‑use B‑2, with staff and several members saying the small infill site and required setbacks make conditional zoning unnecessary; tree protection and required buffers were discussed.

The Planning Board recommended approval of rezoning E2602 on March 5, a straight rezoning of approximately 0.58 acres on Market Street from R‑15 to general‑use B‑2.

Staff described the site as a constrained infill parcel with significant live oak specimen trees and explained that, while conditional rezoning would allow more design specificity, the B‑2 district’s standards (including 30‑ to 35‑foot setbacks and a 20‑foot transitional buffer where adjacent to residences) and TRC review control many development outcomes. Staff also noted Market Street improvements and that the site will be limited to right‑in/right‑out access due to corridor upgrades.

Applicant Dave Spitrino said the parcel is small and that a straight rezoning preserves flexibility needed for feasible redevelopment and tree‑sensitive design; he also argued the high cost of a traffic impact analysis (TIA) and limited buildable area made a conditional rezoning impractical.

Members debated the merits of straight versus conditional rezoning for small infill parcels. Several members said existing ordinance requirements and TRC review provide protections and that the site’s size and existing setbacks reduce risk of harmful uses. One board member reiterated a preference for conditional rezoning generally but did not block the recommendation. The motion to recommend approval passed by voice vote.

Next steps: staff will forward the recommendation to the Board of County Commissioners for consideration; any future development will be subject to TRC review, tree protection rules and UDO requirements.