OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Wilmington Design Adjustment Committee Meeting – June 15, 2022

Board of AdjustmentWednesday, June 15, 2022
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, June 15, 2022
StatusFILED
Video Record

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Transcript — Verbatim
0:42

The meeting of the design adjustment committee will come to order.

0:45

My name is Rob Gordon.

0:46

I'm the committee chairman.

0:48

I have to read a uh an intro here.

0:51

The design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual.

1:03

The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures.

1:15

The hearings are quasi-judicial evidentiary hearings.

1:18

This means they are like a court hearing, and the committee's decisions are constrained by the standards and the ordinance and based on the facts presented.

1:26

All variance requests require a four-fifths vote of the committee to grant the variance.

1:32

Appeals of the design adjustment committee are to the board of adjustment.

1:35

A written notice of appeal must be filed with the city clerk within 30 days of the design adjustment committee's decision.

1:42

Appeals are set for hearing before the board of adjustment within 30 days or as soon thereafter as practicable.

2:04

Please disclose that information to determine if a recusal is necessary.

2:08

City staff will introduce the project to the design adjustment committee, and the committee members may ask questions.

2:21

If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard in the back of the room and be sworn in.

2:28

Because witnesses are to provide sworn testimony, please focus on the facts and standards, not personal preference or opinion.

2:35

When a witness comes forward to give testimony, please come to the podium, state your name and address for the record, and speak clearly.

2:43

At this time, staff will administer the oath for all individuals who intend to provide testimony.

2:49

If I could please have all staff, applicants, and anyone who wishes to speak to stand up and please raise your right hand.

3:26

Okay.

3:29

Okay.

3:30

I hear a motion.

3:31

So moved.

3:32

Okay.

3:33

Second.

3:35

All in favor say I have approval of the minutes.

3:37

All right.

3:41

All right.

3:41

That brings us to the Bradley Heights, the first item, which I believe is a continuation from last meeting.

3:52

That's correct, Mr.

3:53

Chair.

3:54

Um I think we would discuss beforehand, but just for the record, we're gonna start and do the whole thing over again.

4:00

We have one member who wasn't here last time and needs to hear the whole presentation in order to be able to vote on it.

4:10

Thank you, Mr.

4:10

Chair, members of the committee.

4:13

Um as you mentioned, uh, this was continued from your uh May 18th meeting.

4:17

Uh the committee voted to continue the item to allow time for the applicant to adjust their plans to reflect concerns raised at raised at that meeting.

4:23

Uh since that time the applicant has submitted revised plans that include modified cross sections for the existing and proposed rights of way.

4:30

Uh this is the updated proposed preliminary plan.

4:33

And I will go over the requested adjustments again.

4:42

Uh the requirement is a 60-foot right-of-way, 30-foot of pavement, type A curb, eight-foot plazas, and five-foot sidewalks.

4:48

The applicant is proposing a 30-foot wide wide way, 20-foot pavement, vertical curves, five-foot plazas, and five-foot sidewalk, and this would be within the existing plated guiles avenue right-of-way.

5:08

The standard cross section again is 60-foot of right-of-30 foot of pavement, type A curb, eight-foot plazas, and five-foot sidewalks.

5:14

The applicant is proposing a 40-foot wide right-of-way, 20-foot of pavement, vertical curves, five-foot plazas, and five-foot sidewalks.

5:22

Our next adjustment would be the from the alternative cross-section for a proposed alley, and this would be the variable width right-of-way that connects the end of Giles to Piffer Avenue.

5:32

The requirement is a 20-foot of right-of-way, 16-foot of pavement, a header curve, and one foot of plaza.

5:38

The applicant is actually providing 20 feet of pavement header curve and the variable width plaza.

5:44

Our next adjustment is from the minimum turning radius.

5:48

The requirement is 35 feet.

5:56

Along Pifer, uh the guiles and the proposed new right-of-way.

6:16

The existing platter guides avenue right-of-way with the 30-foot right-of-way.

6:20

This would transition to header curb at the proposed private drives.

6:24

And then our final adjustment would be the maximum driveway width.

6:28

The standard is 62 feet, and they would like a 68-foot wide driveway.

6:34

Those are the adjustments.

7:19

Okay.

7:20

Thank you.

7:25

Thank you.

7:26

All right, thank you.

7:27

The applicant.

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure█████████████████████████████████████████████46%
Zoning And Land Use█████████████████████21%
Public Safety████████████12%
Procedural█████████9%
Public Engagement█████5%
Transportation Safety████4%
Public Works██2%
Water And Wastewater Management1%
Summary of Proceedings

Wilmington Design Adjustment Committee Meeting – June 15, 2022

The Wilmington Design Adjustment Committee met on Wednesday, June 15, 2022, at 1:30 p.m. in City Council Chambers to consider two development requests requiring adjustments and waivers from Wilmington’s subdivision and technical standards. After hearing public testimony and deliberation, the committee approved the May 18, 2022 minutes, conditionally approved the Bradley Heights preliminary plan and most related waivers, and approved the 5040 Market Street preliminary plan while denying two of its waiver requests. The meeting adjourned at 3:46 p.m.; the next regular meeting is scheduled for July 20, 2022.

Note: The agenda lists the meeting at City Council Chambers, Skyline Center, 929 North Front Street, while the minutes list City Council Chambers at 102 North 3rd Street.

Approval of Minutes

  • The Design Adjustment Committee approved the May 18, 2022 minutes on a 4-0 vote. Gary McSmith abstained because he did not attend the May 18 meeting.

Public Comments & Testimony

  • Bradley Heights: Neil Shulman, a property owner, spoke in opposition, citing concerns about the right-of-way configuration and a ditch/fence line, retention ponds, traffic (including approximately 139 additional daily trips), parking, dead-end sidewalks, and whether fire apparatus could navigate the tight turn radii. He urged “smart development” rather than what he described as overly dense development.
  • Bradley Heights: Chris Howard spoke in opposition, focusing on traffic concerns and what he said were repeated changes to the plans regarding buffers, a privacy fence, and access; he said he was not against development generally but wanted concrete commitments.
  • 5040 Market Street: No public comments were offered.

Old Business: Bradley Heights

  • Staff and the applicant presented revised plans for a proposed residential development at 239, 245, 251, 261 Giles Avenue and 255, 257 Peiffer Avenue. The site is zoned R-15 and the applicant requested R-5(CD) zoning with duplexes, quadraplexes, and courtyard-style homes, new streets, open space, and stormwater facilities.
  • The applicant said changes from the May 18 continued hearing included centering pavement in the right-of-way, removing on-street parking, widening a connecting right-of-way to 40 feet, and reducing density by leaving a northern portion for future development.
  • The requested waivers included narrower rights-of-way and pavement widths, reduced turning radii, use of header curb instead of vertical curb in some radii, and an increase in maximum driveway width from 62 to 68 feet.
  • Committee discussion focused on emergency-vehicle turning, the 20-foot pavement width, plaza/sidewalk widths, utility location, and future development. Captain Elrod noted 20 feet of pavement meets the state fire-code minimum. Mr. McSmith said water and sewer could be accommodated in a 40-foot right-of-way. Staff clarified that the committee reviews technical standards only, while the rezoning request goes to the Planning Commission and City Council.
  • The committee acted on the six requested design adjustments (each 5-0): it approved the Giles Avenue cross-section adjustment, conditionally approved the new right-of-way and alley cross-section adjustments, approved only the radii at the existing variable-width right-of-way for the turning-radius adjustment, conditionally approved the header-curb adjustment, and approved the driveway-width adjustment. It then conditionally approved the preliminary plan as a whole (5-0).

New Business: 5040 Market Street

  • Staff presented a proposal for adaptive reuse of the former Days Inn/hotel site at 5040 Market Street, zoned RB (Regional Business). The 3.02-acre site includes an existing commercial/restaurant building and a 116-room hotel; the applicant proposed conversion to commercial mixed-use with 116 apartment units, with no building expansion or changes to existing driveways. The applicant noted prior Board of Adjustment variances reduced the required parking from 180 to 140 spaces.
  • Waivers were requested for: the minimum property-line offset for driveways on a major thoroughfare (75-foot minimum; existing eastern driveway 24 feet and western driveway 13 feet from property lines), two driveways allowed where 174 feet of frontage would ordinarily permit one, a private driveway length of 880 feet versus a 500-foot maximum, and an 18-foot drive-aisle width versus a 24-foot minimum.
  • The applicant’s counsel, Colin Tarrant, entered an NCDOT email from district engineer Benjamin Hughes stating NCDOT would require no driveway modifications for the retrofit. The applicant argued that existing conditions and site constraints justified keeping the driveways and that closing one would create bottlenecks and operational problems.
  • Committee members discussed safety benefits of reducing curb cuts, access management, future NCDOT median/changes on Market Street, emergency-vehicle access, and the possibility of restriping parking spaces to meet the 24-foot drive-aisle width.
  • The committee denied the waiver to keep both driveways (5-0), required elimination of the western driveway, approved the property-line offset only for the eastern driveway (5-0), denied the 18-foot drive-aisle width waiver (5-0), and approved the driveway-length waiver with a condition that the area be marked as a fire lane (5-0). It then approved the preliminary plan with staff conditions (5-0).

Key Outcomes

  • Minutes approved 4-0 (McSmith abstained).
  • Bradley Heights: six waivers/adjustments approved or conditionally approved 5-0; preliminary plan conditionally approved 5-0.
  • 5040 Market Street: two waivers denied (two-driveway request and 18-foot drive-aisle width), two waivers approved (eastern driveway offset and driveway-length waiver with fire-lane marking), and preliminary plan approved 5-0.
  • The meeting adjourned at 3:46 p.m.; the next Design Adjustment Committee meeting is July 20, 2022.

Meeting Transcript

The meeting of the design adjustment committee will come to order. My name is Rob Gordon. I'm the committee chairman. I have to read a uh an intro here. The design adjustment committee's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual. The design adjustment committee does not consider housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures. The hearings are quasi-judicial evidentiary hearings. This means they are like a court hearing, and the committee's decisions are constrained by the standards and the ordinance and based on the facts presented. All variance requests require a four-fifths vote of the committee to grant the variance. Appeals of the design adjustment committee are to the board of adjustment. A written notice of appeal must be filed with the city clerk within 30 days of the design adjustment committee's decision. Appeals are set for hearing before the board of adjustment within 30 days or as soon thereafter as practicable. Please disclose that information to determine if a recusal is necessary. City staff will introduce the project to the design adjustment committee, and the committee members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard in the back of the room and be sworn in. Because witnesses are to provide sworn testimony, please focus on the facts and standards, not personal preference or opinion. When a witness comes forward to give testimony, please come to the podium, state your name and address for the record, and speak clearly. At this time, staff will administer the oath for all individuals who intend to provide testimony. If I could please have all staff, applicants, and anyone who wishes to speak to stand up and please raise your right hand. Okay. Okay. I hear a motion. So moved. Okay. Second. All in favor say I have approval of the minutes. All right. All right. That brings us to the Bradley Heights, the first item, which I believe is a continuation from last meeting. That's correct, Mr. Chair. Um I think we would discuss beforehand, but just for the record, we're gonna start and do the whole thing over again. We have one member who wasn't here last time and needs to hear the whole presentation in order to be able to vote on it. Thank you, Mr. Chair, members of the committee. Um as you mentioned, uh, this was continued from your uh May 18th meeting. Uh the committee voted to continue the item to allow time for the applicant to adjust their plans to reflect concerns raised at raised at that meeting. Uh since that time the applicant has submitted revised plans that include modified cross sections for the existing and proposed rights of way. Uh this is the updated proposed preliminary plan. And I will go over the requested adjustments again. Uh the requirement is a 60-foot right-of-way, 30-foot of pavement, type A curb, eight-foot plazas, and five-foot sidewalks. The applicant is proposing a 30-foot wide wide way, 20-foot pavement, vertical curves, five-foot plazas, and five-foot sidewalk, and this would be within the existing plated guiles avenue right-of-way. The standard cross section again is 60-foot of right-of-30 foot of pavement, type A curb, eight-foot plazas, and five-foot sidewalks. The applicant is proposing a 40-foot wide right-of-way, 20-foot of pavement, vertical curves, five-foot plazas, and five-foot sidewalks. Our next adjustment would be the from the alternative cross-section for a proposed alley, and this would be the variable width right-of-way that connects the end of Giles to Piffer Avenue. The requirement is a 20-foot of right-of-way, 16-foot of pavement, a header curve, and one foot of plaza. The applicant is actually providing 20 feet of pavement header curve and the variable width plaza. Our next adjustment is from the minimum turning radius. The requirement is 35 feet. Along Pifer, uh the guiles and the proposed new right-of-way.

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