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Tuesday, March 19, 2024

Wrightsville Beach Board of Aldermen rejects 50-foot height zoning by Johnnie Mercer’s Pier

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The Wrightsville Beach Board of Aldermen rejected a new zoning classification that would have raised the height limit on development in the lot by Johnnie Mercer’s Pier from 40 feet to 50 feet. Before voting 3-1 to reject the proposal on Thursday, each alderman acknowledged they faced a difficult decision, citing the need for a more comprehensive approach to reviewing the town’s 40-foot building height limit that developers said made it unprofitable to build in the vacant lot.

In fact, it took prodding from the town attorney before the board took a vote, as there was hesitation to propose a vote either for or against the proposal. Alderwoman Lisa Weeks was the only board member to not vote to reject the proposal. However, when presented the opportunity, Weeks didn’t propose a motion to vote in favor of the new zoning class and voted against the motion by Mayor Pro Tem Darryl Mills to deny the proposal.

Aldermen Hank Miller and Elizabeth King did vote in favor of Mill’s motion and Mayor Bill Blair was out of town, visiting his daughter who had gone into labor earlier in the day.

The board members discussed continuing the issue to the November meeting and when no member proposed a vote in favor of the proposal, the members were unsure of whether they even needed to vote before town attorney John Wessell said the board needed to take some action. Only then did Mills make his motion.

The vote came after a public hearing on the proposed “mixed use overlay district,” which was written to apply only to the C-2 zoning district by Johnnie Mercer’s Pier. While there has been public opposition to raising the height limit in the past, twice as many residents spoke in favor of approving the zoning proposal than those speaking against it. Opposition comments were brief, including one person who didn’t affirm their opposition, but merely urged caution by the board.

Mills noted the difficulty of the decision before his vote and the validity of the issues raised by supporters.

“It was persuasive. But not quite persuasive enough for me,” Mills said. “With the circumstances before us, I don’t think this is the time to make this change.”

While there is a specific development proposed for the lot — Coastal N.C. Real Estate’s Island Center, which would feature restaurants, residential units and retail stores — the hearing was limited to the zoning issue. But the project was frequently referenced, as was the need for some kind of development in the vacant lot of eight years that neighbors called “blighted.”

“We can all agree, we’re not happy with the way it is now,” Mills said.

Some board members echoed comments that Blair made to Lumina News this week, believing that any change in the height limits should be addressed in the town’s land use plan. Since the town will begin the process of reviewing and revising the land use plan soon, some members said the board should wait before approving the new zoning classification.

Joseph Taylor, a senior real estate attorney at Wilmington’s Murchison, Taylor & Gibson law firm representing the developers, said that the land use plan was a guiding document, but not a legally-binding ordinance. Town manager Tim Owens said the land use plan didn’t regulate height directly, but did address implementation. He said before the vote that should the board approve the zoning district, that it would probably need to address the addition in the land use plan.

But Mills said the land use plan sets the “intent and spirit” of the town’s development, a sentiment reflected by other members.

“I do believe our land use plan is a guideline,” King said. “We need an updated land use plan. I have a hard time going with this proposal as is.”

Weeks said she wanted to continue the consideration of the zoning district until after the land use plan was considered, but Wessell advised the board that it couldn’t continue the hearing past the November meeting. The land use plan committee’s recommendations aren’t expected until April 2017 at the earliest.

Weeks said she supported the concept of a mixed-use overlay district for a handful of parcels in commercial zones that are conducive to mixed use so that residents can have more commercial amenities in Wrightsville Beach as congestion across the bridge in Wilmington increases.

Several residents urged the board to act, arguing the lot had been vacant for too long and that it attracted crime to the area by Johnnie Mercer’s Pier. A homeowner on neighboring Seagull Street said he was speaking on behalf of at least 26 other residents, noting that the lot was decreasing home values and damaging the town’s image.

“People rave about the town, but are shocked when they come into that area,” Wayne Bland said.

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