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Record of Proceedings

Design Adjustment Committee Special Meeting: Cold Storage Warehouse Waivers (September 21, 2022)

Board of AdjustmentWednesday, September 21, 2022
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, September 21, 2022
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:10

We're gonna talk about it.

0:33

I can't force you.

1:15

So we're moving forward.

2:56

Well, yeah.

2:58

Historically, I don't know if we're saying what we make.

3:10

So we'll make sure that we're gonna be able to show that you're wondering.

3:56

So maybe I think it's just a lot of uh trying to block a path by the way.

4:26

So uh just so I'm clear.

4:43

Right.

4:43

Listen now, one thing we did we have to have a clear style.

4:47

Yeah, because the SP started in this one, we can have a five-minute break.

5:59

Amy, you good?

6:01

Okay.

6:02

Mr.

6:02

Chair, we're ready.

6:20

Right.

6:20

I'm gonna call the uh special meeting design adjustment committee.

6:25

Um again, this is a one o'clock special meeting.

6:28

Um we're gonna try and hopefully wrap this up by the regular meeting time at one thirty.

6:34

Um Chairman Gordon, is your microphone on yes.

6:40

Okay.

6:43

Um I have to read the uh introduction before we can get started.

6:48

Um the design adjustment committee's purpose is to establish clear and measurable re measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual, uh building design and material standards, and subdivision standards.

7:05

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

7:17

These hearings are quasi-judicial evidentiary hearings.

7:20

That means it's like a court hearing, and the committee's decisions are constrained by the standards in the ordinance and based upon the facts presented.

7:28

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

7:32

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

7:36

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

7:42

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

7:47

The parties uh to these cases are entitled to an impartial board.

7:52

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 had any ex parte communication about the matter.

8:02

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

8:07

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

8:12

The applicant may present additional information about the project, and the members may ask questions.

8:18

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

8:25

Because witnesses are to provide sworn testimony.

8:28

Please focus on the facts and standards, not personal preference or opinion.

8:32

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

8:44

If I could have all staff, applicants and members of the public who wish to speak this afternoon to please stand up and raise your right hand.

8:52

Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

8:57

Thank you.

9:00

Staff have a presentation.

9:05

Mr.

9:06

Chairman, uh just wanted to mention that I'm aware of this development, not of these just that came through the MPO pursuing a potential waiver of a TIA.

9:18

Um communications about a TIA, so I'm aware of this site, but nothing as it pertains to the request being made today.

9:27

Just wanted to put that on the record.

9:29

I don't feel like I have would have any conflicting opinion one way or another.

9:35

Thanks for disclosing that sounds check with the applicant.

9:38

Is that satisfactory to the applicant?

9:40

Um to proceed.

9:42

Okay, thank you.

9:46

Thank you much, Mr.

9:48

Chair.

9:49

The vacant site includes approximately 20.87 acres and a zoned IND, which is general industry.

10:00

The applicant proposes a 289,000 square foot warehouse distribution facility, a 60-foot private access easement is located off Vance Street only along the northern property line that allows for a connection to the JC Row Center, which is a public school.

10:15

The proposed plan includes two new driveways on Raleigh Street and one restricted driveway connection to Vance.

10:22

Two waivers are proposed for the eastern driveway, which is uh the primary access for trucks entering and exiting the site, which is in the circle on the screen.

10:33

The technical standards specifies that that a maximum width of a private driveway with a curb line is 62 feet.

10:41

The applicant proposes a max width of 164 feet and a waiver is requested.

Discussion Breakdown — Share of Meeting
Zoning And Land Use█████████████████████████████████████37%
Transportation Safety██████████████████████22%
Procedural███████████████████19%
Public Safety███████████████████19%
Parking Management███3%
Summary of Proceedings

Design Adjustment Committee Special Meeting – September 21, 2022

The Wilmington Design Adjustment Committee held a special meeting on September 21, 2022, to consider two waiver requests from city technical standards for driveway widths at a proposed cold storage warehouse facility at 187 Raleigh Street. The meeting was called to order at 1:31 p.m. (agenda listed 1:00 p.m., but actual start was delayed). The committee voted 5-0 to conditionally approve both waivers.

Discussion Items

  • Cold Summit Wilmington – Waivers for Driveway Width: The applicant, Jeremy Blair (Paramounte Engineering) with attorney Maggie Bennington (LeeKaes), requested two waivers: (1) increase maximum driveway width at the curb line from 62 ft to 164 ft, and (2) increase maximum driveway width at the property line for a three-lane driveway from 36 ft to 79 ft. The proposed site is a 289,209 sq ft warehouse and distribution facility zoned IND (General Industry). The plan includes two new driveways on Raleigh Street and one restricted connection to Vance Street, which provides access to a school via an existing easement. Staff recommended conditions: a pedestrian crosswalk and easement, and a dedicated left-turn lane for employee access.
  • Committee Concerns: Vice-Chair Vielkanowitz expressed concern that trucks exiting right might cross the center line of Raleigh Street and asked about roadway widening; none was proposed. Captain Elrod questioned the volume of truck traffic and safety of mixing employee vehicles with heavy trucks. Mr. Cramer suggested separating employee parking from truck access to eliminate conflict.
  • Applicant’s Presentation: Mr. Blair showed that the wide driveway is necessary to allow two WB‑67 tractor‑trailers to pass without stacking on Raleigh Street. He also presented a third option: a separate employee driveway, which could be conditioned for Technical Review Committee (TRC) approval. He provided examples of similar large‑truck driveways in the region.
  • Public Hearing: No members of the public spoke in favor or opposition.

Key Outcomes

  • Waiver 1 (driveway width at curb line) – Motion to conditionally approve carried 5-0.
  • Waiver 2 (driveway width at property line) – Motion to conditionally approve carried 5-0.
  • Conditions: The committee attached three conditions: (1) separate employee parking/vehicle access from truck entrance (using either the separate driveway option or no front parking lot), (2) a pedestrian access easement and crosswalk internal to the site, and (3) installation of a vertical curb along the driveway radius to keep trucks within the lane and protect pedestrians. Specific design details were left to the TRC.
  • Meeting Adjourned: 1:39 p.m.

Meeting Transcript

We're gonna talk about it. I can't force you. So we're moving forward. Well, yeah. Historically, I don't know if we're saying what we make. So we'll make sure that we're gonna be able to show that you're wondering. So maybe I think it's just a lot of uh trying to block a path by the way. So uh just so I'm clear. Right. Listen now, one thing we did we have to have a clear style. Yeah, because the SP started in this one, we can have a five-minute break. Amy, you good? Okay. Mr. Chair, we're ready. Right. I'm gonna call the uh special meeting design adjustment committee. Um again, this is a one o'clock special meeting. Um we're gonna try and hopefully wrap this up by the regular meeting time at one thirty. Um Chairman Gordon, is your microphone on yes. Okay. Um I have to read the uh introduction before we can get started. Um the design adjustment committee's purpose is to establish clear and measurable re measurable review criteria for the consideration of major deviations from the city's technical standards and specifications manual, uh building design and material standards, and subdivision standards. The design adjustment committee does not consider the housing type, cost of the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures. These hearings are quasi-judicial evidentiary hearings. That means it's like a court hearing, and the committee's decisions are constrained by the standards in the ordinance and based upon the facts presented. All variance requests require four-fifths vote of the committee to grant the variance. Appeals of the committee decisions are to the board of adjustment. A written notice of appeal must be filed to 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. The parties uh to 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 had 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 today's hearing, witnesses must sign in on the clipboard at 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. If I could have all staff, applicants and members of the public who wish to speak this afternoon to please stand up and raise your right hand. Do you swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Staff have a presentation. Mr. Chairman, uh just wanted to mention that I'm aware of this development, not of these just that came through the MPO pursuing a potential waiver of a TIA. Um communications about a TIA, so I'm aware of this site, but nothing as it pertains to the request being made today. Just wanted to put that on the record. I don't feel like I have would have any conflicting opinion one way or another. Thanks for disclosing that sounds check with the applicant. Is that satisfactory to the applicant?

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