Design Adjustment Committee Meeting - July 20, 2022
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Design Adjustment Committee Meeting - July 20, 2022
The Wilmington Design Adjustment Committee (DAC) held a regular meeting on July 20, 2022, at 1:34 p.m. in City Council Chambers. All five members were present. The committee considered three new business items, including requests for adjustments to technical standards for commercial and mixed-use projects, and continued one item to a special meeting. All votes were unanimous 5-0.
Consent Calendar
- Approved the minutes of the June 15, 2022, meeting as presented.
Public Comments & Testimony
- No members of the public spoke during the public hearings for items 1 and 2. The public hearing for item 3 was not opened due to the continuance.
Discussion Items
1. 5216 Oleander Drive – Request for waivers for existing driveways
- Staff presented three adjustment requests: relief from corner clearance and property line offset for a driveway on a major thoroughfare (adjustments 1 and 2), and relief from the two-way driveway property line offset for a rear driveway (adjustment 3).
- The applicant (Branch Smith, Paramounte Engineering; and Greg Redden, Life Church) explained that the site would change from a vacant commercial building to a religious institution. One noncompliant driveway would be closed.
- Committee discussion focused on the necessity of driveway #4. Fire Captain Elrod initially questioned its need but later emphasized fire access, supporting its retention. The committee noted the existing condition and safety benefits.
- Motion 1 (Chairman Gordon, seconded Cramer) approved adjustments 1 and 2 for driveway #1, citing existing alignment and the closure of a noncompliant driveway. Passed 5-0.
- Motion 2 (Mr. Vielkanowitz, seconded McSmith) approved adjustment 3 for driveway #4, citing site constraints. Passed 5-0.
2. CenterPoint – Request for waiver from collector street standards
- Staff reviewed a waiver to allow flush curb instead of standard vertical curb and gutter on a section of private drive within the proposed mixed-use project (1541 Eastwood Road). The project includes 370 apartments, a 220-room hotel, 102,000 sq ft office, and 121,000 sq ft retail/restaurant. The waiver applied only to a private right-of-way segment not extending into public right-of-way.
- Applicant Toby Hinkle (CI Design) and Drew Hatcher (McKim & Creed) presented renderings and a handout describing a flexible plaza with flush curb, pavers, planters, trees, and removable bollards to create a pedestrian-friendly gathering space. Drainage would be managed via pervious pavers, grading, tree boxes, and filterra units.
- Committee questions addressed the extent of the flush curb, drainage, protection of landscaping, and the need for a transition to standard curb before the public roundabout. The applicant confirmed that the design would revert to standard curb before reaching the public right-of-way.
- Motion 3 (Mr. Cramer, seconded McSmith) approved the waiver, with justification that the design improves pedestrian connectivity and addresses the evolving urban cityscape (also reducing tripping hazards). Passed 5-0.
- Motion 4 (Chairman Gordon, seconded Elrod) conditionally approved the preliminary plan, applying staff-recommended conditions plus a requirement that planters serve as barriers. The committee also stipulated that the flush curb condition must fully transition to standard curb before the public right-of-way. Passed 5-0.
3. The Avenue – Request for continuance
- Staff requested a continuance due to an advertising error. The item will be heard at a special DAC meeting on July 27, 2022.
- Motion 5 (Chairman Gordon, seconded Cramer) to continue the item in its entirety. Passed 5-0.
Key Outcomes
- All motions passed unanimously (5‑0).
- The committee approved two adjustments for 5216 Oleander Drive (driveway waivers) and one waiver for CenterPoint (flush curb).
- The CenterPoint preliminary plan was conditionally approved, with added conditions regarding planters as barriers and transition to standard curb near public right-of-way.
- The Avenue item was continued to a special meeting on July 27, 2022, at 1:30 p.m.
- The meeting adjourned at 2:26 p.m.
Meeting Transcript
Good afternoon. Well, this is the meeting of the design adjustment committee. Before we get started, I have to read the introduction. 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. All variance requests require a four-fifth vote of the committee to grant the variance. A written notice of appeal must be filed to the city clerk within 30 days of the decision. Appeals are set for the hearing before the board of adjustment within 30 days or as soon thereafter as practicable. The parties in these cases are entitled to an impartial board. If a board member has a fixed opinion on the matter, a financial interest in the outcome, a close relationship with the affected person, or has any ex parte communication about the matter, please disclose that information to determine if a recusal is necessary. City staff will introduce the proposed project to the committee, and the committee members may ask questions. The applicant may present additional information about the project, and the members may ask questions. If anyone wishes to provide evidence at tonight's today's hearing, witnesses must sign in on the clipboard. Do we have a clipboard? Um and be sworn in. Because witnesses are to provide sworn testimony, please focus on the facts and the 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 any individuals who intend to provide witness testimony. If all staff, applicants, and members of the public would please stand up to be sworn in. Please raise your right hand. Do you swear that the testimony you are about to provide is the truth, the whole truth, and nothing but the truth? Thank you. Okay, the first order of business is approval of the minutes. Has the committee had a chance to review the minutes from the past meeting? If so, are there any questions, comments? Do I hear a motion? I'll make a motion to approve. Second? Second. Okay. All in favor say aye. Aye. Opposed? Okay. Minutes are approved. That brings us to the uh first item of business, uh, which is uh 5216 only Andrew Drive. Thank you, Mr. Chair. Uh before you today is a uh change of use application and request for design adjustments for 5216 only under drive. Uh this property is approximately 2.18 acres. Um they're requesting these adjustments for existing driveways as part of a proposed change of use for an existing structure. Um the existing uh building is vacant, it's commercial structure. Uh there are two drives uh along only under drive, two driveways along only under drive, and two driveways along Forest Park Road. Uh previously, this was the Jelly Beans uh indoor skating rink and the proposed use as a religious institution, uh Life Church. Um there are three uh adjustments being requested today for the existing driveways. Uh the first is relief from the minimum corner clearance for existing driveways along a major thoroughfare. Uh the second is relief from the minimum property line offset for existing driveways on a major thoroughfare, and the third is a relief from the minimum two-way driveway property line offset. If DAC recommends approval of this request, um staff recommends the conditions that are in your case summary be applied. Um that's all I have for my presentation. I'm happy to answer any questions that you have. And I will oh I will add that they are proposing to close the driveway closest to Forest Park Road along only under drive.
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