HomeMy WebLinkAboutPD Minor Deviation Determination Letter 8-17-2023
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To: Hill Rogers, Cameron Management, Inc
From: Robert Farrell, Development Review Supervisor
Date: August 17, 2023
Subject: Whiskey Branch Planned Development Minor Deviation Determination Approval
Mr. Rogers,
Monday, August 14, 2023 New Hanover County received a request to modify the approved concept plan
for the Whiskey Branch Planned Development (Z21-01) approved by the Board of Commissioners March
1, 2021. The request was to modify the approved residential unit counts within the Multi-Family
Apartment Homes, Single Family Lots / Townhomes / Duplex / Triplex / Quadraplex, and Single Family
Lots Townhomes / Duplex / Triplex / Quadraplex sections of the concept plan.
A subsequent additional request to modify the residential unit count in the Mixed-Use Building portion of
the plan on Wednesday, August 16, 2023.
Section 10.3.4.C.8.b Minor Deviations of the New Hanover County Unified Development Ordinance (UDO)
states:
Subsequent applications for development within a master planned development district may include
minor modifications from the approved MPD Master Plan and MPD Terms and Conditions document,
provided such modifications do not result in a change in permitted uses or density, specified conditions
of approval, or 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 no decrease
approved setbacks by more than 10 percent from what was originally approved;
2. Modifications in the configuration of the building(s), structure(s), or site plan;
3. Increases to the square footage of a particular use category (e.g., residential, commercial) not to
exceed 10 percent from what was originally approved provided all other applicable standards of
[the Unified Development] Ordinance are met;
4. Increases to building or structure height not to exceed 10 percent or 10 feet from what was
originally approved, whichever is less, provided all other applicable standards of [the Unified
Development] Ordinance are met;
5. Modifications to structure floor plans;
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6. 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
7. Modifications to the proportion of housing type not to exceed 10 percent form what was originally
approved; and
8. Modifications of internal circulation patterns not impacting public safety.
The table below represents the existing housing type, unit count, and density compared to the requested
deviation:
Residential Types
Original
Approval
Requested
Change
Multi-Family 250 275
Single Family Lots 60 44
Single Family Lots 60 46
Mixed Use 40 44
Townhomes 50 50
Total Units 460 459
Maximum Density 7.16 7.14
The Master Development Plan lists the approved density as a maximum of 7.16. Because 7.16 is the
maximum allowed, densities below 7.16 are also approved and may be accepted administratively by staff.
Based on the information provided in the attached minor deviation request, the requested modifications
are determined to meet the criteria of Section 10.3.4.C.8.b Minor Deviations and are administratively
approved for this project.
Prior to any zoning or building permit for construction a plans must be submitted, reviewed, and approved
by the New Hanover County Technical Review Committee (TRC).
If you have any questions I can be reached at (910) 798-7164 or by email at rfarrell@nhcgov.com.
Thank you,
Robert Farrell, Development Review Supervisor