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Oak Island Council OKs UDO change to let Publix shopping center lease vacant inline spaces
Summary
The council unanimously approved a text amendment and a companion rezoning to permit shopping centers under 40,000 sq. ft. in the CB district, a narrow change tied to the existing Publix complex so two vacant inline spaces can be leased. The actions followed planning-board review and attorney Collier Marsh's presentation on the applicant's behalf.
The Oak Island Town Council on Tuesday unanimously approved a zoning-text amendment and a rezoning request intended to resolve a use-category issue at the town's Publix shopping center.
Planning staff explained the text amendment would add "shopping centers less than 40,000 square foot enclosed floor area" as a by-right use in the CB (community business) zoning district. The planning board originally recommended allowing shopping centers under 30,000 sq. ft., but the applicant supplied parcel and building measurements after that meeting showing the existing center's inline retail pushes total enclosed space above the 30,000-sq.-ft. threshold.
"Bottom line, this is just allowing Publix to lease the adjoining space that is now empty," said Collier Marsh, an attorney representing the applicant. "It does not relate to an expansion or a change of the Publix itself; it's meant to line up the existing vacant spaces with what Publix typically sees in its shopping centers."
Council members repeatedly framed the change as narrowly tailored to the applicant's situation and cited the planning board's recommendation. After brief discussion about potential impacts on the town's small-business character, the council voted to approve the text amendment and then the rezoning of an approximately 6.35-acre parcel from CR to CB so the uses allowed in CB would be permitted on that site.
Why it matters: Council members said the change avoids creating a nonconforming situation for existing retail while preserving the council's ability to review future requests. The motion passed unanimously, and town staff said the action allows the property owner to seek tenants the center would commonly host — examples discussed included offices, clinics and small retail that would serve residents and visitors.
What happens next: The approved text amendment and rezoning take effect per usual ordinance implementation timelines and town permitting processes. The town attorney and planning staff will track any site-specific permits or special-use reviews that may follow tenant applications.
Speakers quoted (first reference with role): Collier Marsh, attorney for Publix (applicant).
