The Wilmington Planning Commission recommended on Wednesday that the Port City move forward with the annexation of 27 acres along Market Street.

Commissioners voted 3-1 in favor of the voluntary annexation request by Columbus Ga.-based Flournoy Development, with member Pete Avery voting against the request. Two members were not present.

The request will go to a public hearing during the City Council’s January 3 meeting, where city leaders could decide whether or not to move forward with the plan.

Flournoy Development officials have asked the city to annex the 27-acre tract into Wilmington to build a 280-unit luxury apartment complex on the property.

Tom Johnson, an attorney with Raleigh-based Nexsen-Pruet representing Flournoy Development, said the company requested annexation into the city after being approached by city officials shortly after New Hanover County Commissioners voted 3-2 in March against a rezoning that would have made the development possible.

The development firm sued the county in April after commissioners denied their rezoning request from commercial to residential on two occasions — once in December 2010, and again March 2011 — under claims the apartment complex would make traffic woes along Market Street worse.

After considering both claims — including the New Hanover County Planning Board’s Dec. 6, 2010, decision to grant the rezoning 5-0 — a judge ruled in favor of Flournoy Development. However, the county appealed the court’s decision in October and the matter remains in limbo.

Johnson said the development firm was encouraged by the commission’s approval.

“We’re obviously glad to have their support,” Johnson said. “We have cleared one step of the process and are looking forward to getting this project off the ground.”

Assistant County Manager Chris Coudriet spoke first during the public comment section in opposition to the annexation, emphasizing a resolution county commissioners passed this spring against the development.

“This is nothing more than an attempt to circumvent a rightful board decision,” Coudriet said.

Johnson called Coudriet’s comments disappointing.

“We understand the concerns of the county, but we have the authority to request annexation into the city under state statutes,” Johnson said. “Wilmington is a growing city and parts of the county are going to be annexed into the city.”

In other business, the planning commission tabled a plan submitted by Wilmington Downtown Inc. that asked the city to prevent construction of additional hotels on busy streets such as Market Street and Carolina Beach Road in an attempt to draw more hotel development downtown.

Through a text amendment to the city’s land development code, WDI hopes to restrict new hotel growth in the city except for in mixed-used developments such as the central business district, Mayfaire Town Center, Autumn Hall and along the Riverfront.