Modification Approval LetterNEW HANOVER COUNTY
PLANNING & LAND USE
230 Government Center Drive, Suite 110, Wilmington, NC 28403
P: (910) 798-7165 1 F: (910) 798-7053 1 NHCgov.com
Rebekah Roth, Director
To: Brad Schuler, Paramounte Engineering
From: Robert Farrell, Senior Planner
Date: June 8, 2022
Subject: Middle Sound West Minor Deviation Request
Mr. Brad Schuler,
Monday, June 6, 2022 a request was submitted to modify the approved concept plan associated with the
Middle Sound West Special Use Permit S19-02. Section 10.3.5.7.b Minor Deviations of the New Hanover
County Unified Development Ordinance states:
"Subsequent applications for development pursuant to an approved special use permit may include minor
modifications from the approved special use permit, provided such modifications do not result in change
in permitted uses or density, and otherwise have no material effect on the character of the approved
development. Changes in the following constitute minor modifications that may be approved by the
Planning Director:
1. Modifications in building or structure placement, provided the placement does not decrease
approved setbacks by more than 10 percent;
2. Increases to building or structure size and height not to exceed 10 percent provided all other
applicable standards of [the Unified Development] Ordinance are met;
3. Modifications to structure floor plans;
4. Modifications to the driveway locations not exceeding 10 percent of the length of the subject
property line, or as required by the North Carolina Department of Transportation; and
5. Modifications to the proportion of housing type not to exceed 10 percent.
The Planning Director may approve minor deviations in the location and size of structures of an approved
special use permit if the applicant demonstrates that the deviation is necessary and would not cause or
contribute to any of the following:
1. A change in the character of the development;
2. A change of design for, or an increase in the hazards to pedestrian and vehicle circulation; or
3. A modification in the originally approved setbacks from roads or property lines exceeding ten
percent."
The request for a minor deviation states NCDOT is requiring the relocation of the driveway across from
the existing driveway for the Ogden Business Park. The NCDOT required change results in changes to the
Middle Sound West Minor Deviation Approval Letter
Page 11
original stormwater management design. To meet the 100-year storm condition required by the Special
Use Permit, the revised stormwater design requires a mixed -use building to be relocated and combined
with another approved structure. The parking configuration will also be modified as a result of the
proposed changes.
In addition, two (2) vehicular drive aisles located between buildings 2 and 11, and buildings 5 and 8, as
shown on the attached concept plan modification, will be replaced with pedestrian walkways and
greenspace. The parking within those areas will be relocated to the northern portion of the property.
Finally, a separate driveway access is proposed on property outside the scope of the original Special Use
Permit. Development outside of the Special Use Permit project area would not be subject to the Special
Use Permit and therefore would not be subject to the Special Use Permit modification requirements.
Based on the information provided in the attached request for minor modification and proposed site plan
modification the requested modifications are determined to meet the criteria of Section 10.3.5.7.b Minor
Deviations and are administratively approved for this proiect subject.
Prior to any zoning or building permit for construction, a site plan for the structure(s) must be submitted,
reviewed and approved by the New Hanover County Technical Review Committee (TRC).
If you have any questions I may be contacted by phone at (910) 798-7164 or by email at
rfa rre I Il2 n h cgov. co m .
Thank you,
Robert Farrell, Senior Planner
ILM Cold Storage Facility — Commercial Site Plan — Sketch TRC Review
Page 12
Farrell, Robert
From: Brad Schuler <bschuler@paramounte-eng.com>
Sent: Monday, June 6, 2022 5:48 PM
To: Farrell, Robert
Cc: Mark L. Maynard, Jr, Josh Mihaly
Subject: Middle Sound West - Modification
Attachments: Middle Sound West - Concept Plan Modifications 060222.pdf
Follow Up Flag: Follow up
Flag Status: Flagged
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Robert,
Thanks for discussing the proposed modifications to the Middle Sound West development.
As mentioned, NCDOT is requiring the development's proposed driveway to Lendire Road to be relocated across
from the existing driveway to Ogden Business Park. Doing so would require the proposed stormwater facility to
be split into two ponds. Preliminary engineering design of these two ponds has indicated that additional pond
area is required to ensure that the stormwater facility can accommodate the 100-year storm as conditioned by
the SUP approval. In order to provide the additional pond area, the mixed -use building located closer to
Lendire Road will need to be relocated.
To facilitate the relocation of this building, we are proposing to combine it with the second mixed -use
building. This would create one 3-story mixed -use building containing 24 residential units and 7,466 square feet
of commercial space, same as the approved plan. The parking lot around the subject building will also be
reconfigured as a result of these changes.
In addition, we are proposing to replace two vehicular drive aisles (located between buildings 2 & 11, and
buildings 5 & 8) with pedestrian walkways and green space. We understand that this modification must be
reviewed by the Fire Marshall to ensure compliance with the NC Fire Code. Parking located in these drive aisles
will be relocated to the northern portion of the property.
Attached is a concept plan that illustrates the proposed modifications. We would like to confirm that these
changes are minor and can be approved administratively. In addition, it was noted that the SUP modifications
standards would not apply to changes proposed to the driveway located outside of the SUP boundary.
Thank you for your assistance. Please let me know if you need any additional information.
Brad Schuler, AICP
Paramounte Engineering, Inc. 1 122 Cinema Drive Wilmington, NC 28403
Office: (910) 791-6707 1 Cell: (252) 531-9971 Fax: (910) 791-6760 1 www.;)aramounte-en(j.com
CERTIFICATE OF APPROVAL.
NEW HANOVER CO PLANNING & INSPE TIONS DEPT.
DA to SET{ DEP . DIRECTOR