Shenandoah Tracts Staff Determination - 3-27-2024
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STAFF DETERMINATION
To: Seth Huntt, Source Contracting Solutions
Tyler Broughton, Source Contracting Solutions
Jeremiah Barnett, Keller Williams
Emily Ervin, Seacoast Realty
Erin Gregory, DeFrancesco Law
Dawn Berard, Sold by the Sea Realty
Aaron Lindquist, Coastal Legal Counsel
From: Robert Farrell, Development Review Supervisor
Zach Dickerson, Senior Planner
Date: March 27, 2024
Subject: Staff Determination – 1236, 1250, 1254 Shenandoah Street (subject area)
Background
August 7, 2023, staff received a customer question whether the subject area could be subdivided and
developed residentially.
The subject area was part of a larger 3,000+ lot residential development by Coastal Carolina Developers.
That development was phased with smaller individual subdivisions including Brittany Woods, Quail
Woods, Shenandoah Woods, among others. These were developed over a period of approximately 30
years.
ILM Cold Storage Facility – Commercial Site Plan – Sketch TRC Review
Page | 2
The overall development was approved as a “Performance Residential” subdivision which limits
residential development to no more than 2.5 dwelling units per acre. During staff’s research, it was
determined the original preliminary plat for the subdivision included the subject area as “Future
Development.”
Staff also confirmed there was sufficient available density to allow three new residential units somewhere
in the overall subdivision. Based on that information staff made an initial determination in September
2023 for residential development.
Open Space Question and Tree Removal Violation
Following staff’s initial September 2023 determination, the county Engineering Department provided new
information in November 2023 showing the parcels in question had been designated as open space on
recorded plats and referenced in the deed for the subject area.
Prior to 2020, the New Hanover County Unified Development Ordinance (UDO) required any property
designated as open space be retained as open space in perpetuity regardless of available density or any
excess open space above the minimum required by ordinance that may have been provided in a
development.
Concurrently, staff was also informed trees had been removed from the parcels without the appropriate
Tree Removal Permits. Section 5.3 Tree Retention of the UDO requires a Tree Removal Permit for the
removal of any tree on parcels over one (1) acre.
Based on the new information provided to staff informed the owners at the time of the new issues
regarding the open space designation and the ordinance violation related to removed trees. Staff
determined additional research was required to ensure the parcels are legally eligible for development.
Tree Removal
Source Contracting Solutions provided a tree survey showing the remaining trees on 1250 Shenandoah
Street are all considered “Documented Trees” which do not require mitigation under Section 5.3 Tree
Retention.
Based on the tree survey, and staff site inspections of the surrounding area, staff determined the trees at
1250 Shenandoah Street are generally “Documented Trees.” While removal of trees on parcels larger than
an acre is a violation of the UDO, because staff has determined the trees were “documented” and no
mitigation would have been required for their removal, the site is not subject to enforcement for those
removed trees.
Any future tree removal will require an approved Tree Removal Permit.
Open Space Designation
The Coastal Carolina Developers then recorded a plat of the subject area in 2004 designating the subject
area as open space. That designation was reflected in the deed from 2004 through 2023.
ILM Cold Storage Facility – Commercial Site Plan – Sketch TRC Review
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The original open space map recorded with the Register of Deeds in 1995 and updated in 1999 for the
overall development both show the subject area as open space however the maps include the survey
note:
“Subject tracts as shown hereon are subject to change in size, location, and configuration to conform to
the New Hanover County Zoning Ordinance.”
Staff research has shown that under the provisions of the survey note, excess open space has been
historically drawn down and converted into developed land acknowledging the pre-2020 perpetuity
provision did not apply due to the phased nature of the development until the development was
complete.
Additional research into the history of the drawdowns on open space show there is sufficient open space
to support three additional units in the overall development.
Conclusion
Planning and Land Use staff are confirming the September 2023 determination that the three lots known
as 1236, 1250, 1254 Shenandoah Street are eligible for residential development consistent with current
county requirements.
Applicants are required to contact Beth Wetherill with New Hanover County Engineering to discuss any
required land disturbance or sedimentation and erosion control permits from the Engineering
Department before submitting construction permits for residential construction. Beth Wetherill may be
reached at bwetherill@nhcgov.com or at (910) 798-7432.
If you have any additional questions, I may be reached at rfarrell@nhcgov.com or at (910) 798-7164.
Thank you,
Robert Farrell
Development Review Supervisor
1
Farrell, Robert
From:Farrell, Robert
Sent:Wednesday, September 13, 2023 10:22 AM
To:sean brella
Cc:Dickerson, Zachary
Subject:RE: Shenandoah Lots
Attachments:Shenandoah Lots.pdf
Good morning,
With the additional clarification from research Zach did on those properties, we determined the approved concept
showed three (3) total lots in that area. The parcel at 1236 Shenandoah is existing, the parcel at 1250 Shenandoah could
be divided resulting in no more than two (2) lots. This ensures the approved density is not exceeded for the overall
development.
I’ve attached an excerpt highlighting those lots as they were originally approved.
The question about the restrictive covenants would be something you’ll need to consult an attorney about. They could
do the necessary title work and review the private covenants to determine if those parcels were ever included in one or
more of them.
Let me know if you have any questions.
Thanks,
Robert
Robert Farrell (He/Him/His)
Senior Current Planner
New Hanover County - Planning & Land Use - Planning & Zoning
(910) 798-7164 p | (910) 798-7838 f
rfarrell@nhcgov.com
230 Government Center Drive, Suite 110
Wilmington, NC 28403
www.NHCgov.com
From: sean brella <sean@brellare.com>
Sent: Tuesday, September 12, 2023 12:57 PM
To: Farrell, Robert <rfarrell@nhcgov.com>
Subject: Shenandoah Lots
** External Email: Do not click links, open attachments, or reply until you know it is safe **
Hey Robert,
Thanks for all of your guys help on this package I've been working on acquiring from CCD.
My next question I'm hoping to gain clarity on is: Because the Shenandoah Lots referenced above (1250 & 1236) were
never included in neither Shenandoah 1, 2, or 3 subsector plats, it would not have to adhere to any
declarations attached to those subsectors. Is that right?
2
No plat referenced in any of the declarations seems to include the 3 Shenandoah lots (future dev 1250 & 1236) as actual
accounted for lots - What Cindy Wilson (CCD) and I are trying to figure out is where we're going to place these if
anywhere ( in what subsector? ) or if we only have to adhere to the current UDO restrictions ( R-15 )
I know when you and I spoke in June, you said "you should be able to get 4 lots and 2.5 units / acre here without issue"
I know it's already been approved at TRC for the 3 lot subdivision, but I would like to push it to four (4).
What type of pushback or challenges, if any, do you see with this? I plan on ordering a survey to do a 4 lot split as
referenced in the sketch attached, but I want to know the general "feeling" you may have on getting 4 lots here before I
spend a few thousand dollars.
Just want to be clear on this.
Thank you,
--
- Sean
Owner: Brella, Real Estate
NewMetro - Land Development
(c) 9102007332