NEW HANOVER COUNTY — Despite concerns regarding potential eminent domain proceedings, as well as neighborhood outcry over what some call the “continuity” of the surrounding streets, the New Hanover County Board of Commissioners approved a rezoning request for a development project that wants to build 22 single family units on a 3.6-acre parcel.
The Spring Ridge development project will be nestled behind Martin Luther King, Jr. Parkway, where the thoroughfare intersects with North College Road.
Under the current zoning ordinance, the land’s owner could build nine units on the parcel; they asked for and secured permission to more-than-double the number of permissible units, and the County Commissioners were mostly receptive to the request.
Density
“We know we need more density. That’s the only way we’ll be able to handle the population increase,” Commissioner Rob Zapple said. “We always find a way to say no. We have not done a great job of following our own goals.”
At the meeting, the commissioners expressed similar messages of support, acknowledging that this project appears to gel with New Hanover County’s stated desire to promote developments that offer density — more units on less land.
“We have got to take a stand and start moving some of these higher density projects forward. That is our future. There will always be an upper end of the market that will allow half-acre homes or lots, or larger,” Zapple said at the meeting.
The 3.6-acre parcel on the corner of MLK and N. College is a residual tract of land, left undeveloped after the completion of the surrounding subdivision, Spring View. The land for this project belongs to Ripwood Company, which is owned by Wanda Ripa — the step-mother of the now-defunct Wilmington Serpentarium’s late owner Dean Ripa.
Chris Sholar, a realtor and Spring View resident, spoke out against the proposal. In New Hanover County, estimates say there are only 10,000-or-so undeveloped acres remaining, Sholar said.
“I don’t see why all of it has to be used. We have a quality of life here, we would like to preserve that,” Sholar said.
One of Sholar’s main fears is investors buying the units and then stocking them with a ceaseless rotation of college students — which didn’t do much to dissuade the County Commissioners, as they cited the project’s potential to attract a younger demographic as a reason to be excited about it.
The interests of Ripwood were represented by Cindee Wolf of Design Solutions.
“Developable land is limited and prices are high. Material and construction costs are continually increasing,” Wolf said at the meeting. “And yet we acknowledge the undeniable need for homes more affordable to our young people, our workforce and even our aging population.”
Wolf said the houses would be priced at approximately $250,000 dollars, and the buyers will only own the land under their unit, while yards and other common areas will be maintained by a homeowners’ association.
After everyone spoke their minds, Wolf secured the rezoning request, with four County Commissioners voting in favor of the application.
The only dissenting commissioner was Patricia Kusek, who said in an interview that this project has “potential for future heartburn.”
How a paused project might lead to some future buyers’ remorse
“My big fear was that someone would buy their dream house, or their first house, or whatever it is, and then in five years or something, (Department of Transportation) comes through and says, ‘Oh, by the way, your house is in our right of way’ — then they give you a check for whatever they think the fair market value is,” Kusek said.
Her concerns stem from the N.C. Department of Transportation’s now-paused project to put a flyover overpass at the intersection of MLK and College Road, which could directly impact three lots in the new development.
The $26.6 million project was initially slated to begin right-of-way acquisition (which would involve eminent domain) in 2022, but that date was later pushed back to at least 2025. The delay could actually exacerbate the potential issue Kusek pointed to, because — four years from now — the planned townhouses are more likely to be built and occupied.
As it stands now, the backs of three homes in the proposal will stand 90 feet away from the bustling traffic lanes of MLK, and if the DOT were to move forward with the flyover project down the line, it’s possible that the department would have grounds for an imminent domain request for the three homes closest to MLK.
When asked in an interview about how the potential for eminent domain proceedings impacted the plans for the project, Wolf said: “Nothing’s going on with it. The DOT has had their community meetings and has basically put out the concept for the flyover.”
“It potentially shows the addition of about 15 feet of right of way at the southern boundary at this particular site,” Wolf said.
When asked about the status of the MLK/College Road flyover, a spokesperson for N.C. DOT said: “We are in the midst of reprogramming of our 10-year STIP (State Transportation Improvement Program). We will have more information in early Oct. At that time, we would better be able to discuss the particulars of this project’s schedule.”
Wolf said her plans had been drafted with the potential for a DOT-backed eminent domain claim in mind and, as such, she had made the necessary preparations.
The flyover project wouldn’t involve putting actual traffic lanes closer to the planned homes, but it could involve encroaching onto the land of the three lots in question, which could cause problems later on.
“I know these people are not going to market that and tell them that, Cindee, that they’re buying in a place where their property could possibly be condemned,” Kusek said at the meeting.
Commissioner Woody White added that the situation was sort of akin to buying a home near a hog farm, and not being told that it might be smelly sometimes.
“There’s no real requirement that you put it down there, but you better put it down there, because you’re going to get sued if you don’t. And this is kind of one of those disclosures I think,” White said at the meeting.
Wolf said she will agree to the condition of making it clear to prospective buyers that the DOT’s beleaguered but still-possible project could resurface in future years.
Sholar, the realtor who lives near the proposed development, argued that the houses and lots will be too small, especially when compared to the aesthetic of the other nearby properties, which are half-acre lots. Despite his pleas, and the warnings from another neighbor that the DOT will indeed be coming for their right of way one day, Wolf’s promises of density and affordable living won out.
“The 15-thousand square foot subdivision lot is antiquated in today’s world for the most part. People don’t want to take care of the yards, and some people do. There’s all sorts of different types of housing options,” Wolf said in an interview. “There’s no way that homes can be affordable in our community — with land prices and construction costs — unless you add some density.”
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