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Staff recommends denying proposal to allow retail in Office & Institutional zone on Jefferson Street; rezoning urged

Whiteville City Council · November 26, 2024
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Summary

At a Whiteville City Council meeting, staff recommended denying a text amendment by Henry Nato that would allow retail uses in properties zoned Office and Institutional near the hospital on Jefferson Street, and advised pursuing rezoning (B3) instead; the Planning Board had earlier unanimously approved the amendment.

A staff member told the Whiteville City Council that a proposed text amendment by Henry Nato to permit retail uses in properties zoned Office and Institutional (O&I) along Jefferson Street should be denied and that the applicant should pursue rezoning through the Planning Board instead. "Based on the conversation that's taking place, I would recommend denying this text amendment request and... go back to the planning board and get their recommendation on rezoning the property of B3 and then bring it back to city council at a future vote hearing," the staff member said.

The amendment seeks to change Chapter 155 (definitions) and the table of permitted uses (including sections cited by staff) to allow certain retail activities on O&I parcels near the hospital. Staff explained the draft includes a special-lot standard (a 1-acre minimum for some uses), clarifications to differentiate general commercial from retail, and cleanup language for itinerant merchants and farmers markets. Staff also said the amendment would apply to all parcels zoned O&I, not only to a single lot.

A presenter who described himself as representing an affected property argued the change would allow small businesses to occupy otherwise empty office buildings. "Retail is the correct category for it, but it's not something that's permissible currently," the presenter said, noting examples such as a wedding planner who wants to sell cakes and dresses. The presenter told council many office buildings on Jefferson Street are underused and said assembling property owners to pursue spot rezoning would be difficult because most lots are smaller than 0.5 acre.

Council discussion focused on whether to amend the city code or to rezone the stretch to a commercial classification such as B3. A committee member noted nearby parcels are already B3 in places and suggested staff could pursue rezoning of a larger block rather than spot rezoning individual lots. The committee member said that rezoning could allow retail while preserving office options: "You can rezone that portion commercial, and you can still put an office in it... you could put your retail in there if you're looking for that."

The Planning Board had unanimously approved the text amendment at its November meeting and the applicant attended that public hearing, staff said. Despite the Planning Board recommendation, staff recommended denying the city's text-amendment route and pursuing rezoning through the Planning Board and a subsequent council hearing. Staff indicated the matter could return to the council agenda in January for further consideration after Planning Board action or resubmission by the applicant.

Next steps: the staff recommendation was to deny the text amendment as drafted, and staff or the applicant is expected to pursue a rezoning path that would be reviewed by the Planning Board and returned to the council for a future vote.