Tyler's Ridge Is On Again

As of Thursday, June 9, 2011

Developer Jim O’Malley has submitted a new application for Tyler’s Ridge at Sandhills that he believes meets all of the requirements under the Southern Pines Unified Development Ordinance (UDO).

“We made sure we dotted every single ‘i’ and crossed every ‘t’ to comply with the UDO,” O’Malley said Wednesday. “We’ve made every revision. We couldn’t afford to come back with a new application without doing that.”

O’Malley is seeking a conditional use permit for the mixed-use development.

Plans for Tyler’s Ridge include a commercial development on the north side, featuring small shops and a restaurant. A multifamily development on the south side includes 216 one- and two-bedroom dwelling units. The 46.3-acre project is located at the corner of N.C. 22 and Airport Road.

Robert Hayter, principal at The Hayter Firm in Pinehurst, said the development team worked with Town Manager Reagan Parsons, his staff and Town Attorney Doug Gill “every step of the way” while preparing the new application, which was submitted to the town on May 26.

“To the best of our knowledge, it meets all of the applicable requirements under the UDO,” Hayter said. “The plan has been completely reworked, even though it may not look that way to the untrained eye. It wasn’t just a matter of making a few adjustments.”

O’Malley withdrew the initial application in April after it became clear to him that the application did not comply with the UDO. The move pre-empted a vote by the Southern Pines Town Council on whether the application complied.

Parsons said a “preliminary review” of the new application discovered no “technical difficulties.”

“Obviously, because of the last application, a number of issues came to the forefront,” Parsons said. “It’s very apparent that there’s been some work put into the new application.”

The primary changes include the addition of three single-family lots, the reduction of total apartments from 232 to 216, the revision of access to N.C. 22 to improve traffic flow, and seeking a review of the project by the Federal Aviation Administration.

The town planning board is expected to hold a public hearing on the new application at its June 23 meeting.

“This time, all of our consultants will be at every public hearing,” Hayter said. “We want to advocate in a transparent and ethical way for Mr. O’Malley’s property rights.”

The controversial project led to public hearings in back-to-back months at both the council and planning board levels. The planning board voted 4-2 on Jan. 20 to recommend that the council deny a permit for the project.

Board members said their decision was based on findings of fact that suggested the development’s proximity to the Moore County Airport could possibly compromise public health and safety.

The property is zoned Planned Development (PD) and is on the west side of N.C. 22 between Airport Road and Aiken Road and across from Warrior Woods Road. The site also adjoins property owned by Sandhills Community College and a private property owner, Esther Frye.

Opposition to the project centers around safety concerns, aircraft noise, an alleged glut of apartments in Southern Pines, current commercial space vacancies in Moore County and the project’s proximity to the Sandhills Horticultural Gardens.

FAA standards prohibit the construction of any structure that would encourage public assembly in a runway protection zone (RPZ), areas that extend beyond the edge of a runway.

RPZs are trapezoidal zones that have specific land-use regulations to keep runways clear of any obstacles that could hinder takeoff and landing. They begin 200 feet beyond that area usable for takeoff and landing.

The airport is seeking federal funds for expansions that it hopes to make over the next three years in preparation for the back-to-back U.S. Opens in 2014. Expansion plans include the extension of the airport’s main runway 600 feet toward N.C. 22 and 400 feet toward Hardee Lane in Whispering Pines.

The commercial portion of the project and the three single-family lots would be in the airport hazard overlay zone, but the multifamily residential portion would not.

However, part of the multifamily residential portion is under the eventual departure path for planes coming off the main runway at the airport once the expansion is complete.

Contact Ted M. Natt Jr. at tnatt@thepilot.com.

More like this story

OldPilot 1 year, 11 months ago

16 fewer apartments and addition of three single family residences is purely cosmetic, doesn't change the physical location of the proposed development, next to the airport. The physical location is the problem: health, safety and noise issues. Since nothing has changed there should be no reason for the planning board to reverse it's previous recommendation because the facts are the same. The town council should follow the original recommendation of the planning board and deny this proposal once and for all. Suggestion: find a location for the proposed development a couple of miles from the airport, build it, and stop wasting everyones time!

Arestorer 1 year, 11 months ago

Or,,Take your Development back to Florida......

Steve 1 year, 11 months ago

It is his land if you do not like it you by it! It is called freedom!

MonkeyJunction 1 year, 11 months ago

Steve

It may be his land, but he doesn't own the town and all the residents in the area that would be affected. Just because you "own" something doesn't give you the right to do whatever you want no matter who or what it might affect. I own property in the area and if this project is approved it will diminish the value of my property, particularly in my view. Freedom does not mean you get the right to do whatever you want.

This is a bad project for the area, a project that is not wanted by area residents or businesses and if our council decides to authorize this project then they can also count on a very diligent citizenry working very hard in the next election to replace them

TooHot 1 year, 11 months ago

What's with this "do whatever you want" nonsense? It seems pretty clear here O'Malley is doing everything he's being asked (forced) to do. Commercial property that can't be developed has zero value or very diminished value. Apparently you want this guy's property value to go down around where yours is. Nice.

OldPilot 1 year, 11 months ago

Actually one O'Malley Wisconsin entity is due to sell the land to another O'Malley Wisconsin entity for a promissory note, closing to be in July, 2011. If the various O'malley Wisconsin entities owned the land for as long as Mrs. Frye has owned her home which will be next to this development, if it is allowed, the argument that one should be able to do as one pleases with ones property might be valid. Not here. O'Malley bought this property relatively recently, on speculation, and if they wanted to build housing rather than commercial any reasonable due dilligence would have shown that high density housing and an airport are not compatible, even low density housing in Whispering Pines creates endless health, noise, safety and property value questions and concerns. No one individual has the right to to do that which injures the greater community just for the sake of profit and bad judgment.

TooHot 1 year, 11 months ago

I'll bet a dollar most of those opposed to this guy's plan have no way of ever even coming close to having the kind of money this guy plans to invest in the project. It's easy to sit back and complain, criticize and say no when you have no skin in the game.

O'Malley appears to be doing everything that the eggheads want him to do to comply with their little rules. He should be allowed to proceed.

OldPilot 1 year, 11 months ago

TooHot, pay the dollar. You lose!

rightwingpatriot 1 year, 11 months ago

man the town need all the revenue we can get. I really hope it makes it through this time.

pinewoodnc 1 year, 11 months ago

I don't know why we need more development for "shops." Look what happened with Olmstead Village. All those empty buildings with no tenants. They have plenty of shoppers at Lowe's Foods and RiteAid, so I would have thought that shops there would have been successful. What are they ever going to do with the old K-Mart building? That has been sitting abandoned for years. I thought Kohls and a restaurant were coming there, but I guess that went by the wayside also. With the abandoned buildings around, why build new ones? I have lived near a large airport and I can attest to it not being desirable. To build housing near even a small airport will immediately put a negative on marketing.