OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Wilmington Design Adjustment Committee Meeting - October 19, 2022

Board of AdjustmentWednesday, October 19, 2022
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, October 19, 2022
StatusFILED
Video Record

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Transcript — Verbatim
0:52

Well, I mean I I think that's okay.

1:03

So we're gonna show you what is wrong with that.

1:21

So we'll have your back and you're gonna make uh building so another through background.

2:17

Well put the push through the still spot.

4:06

I thought I was wondering off that one.

4:17

So that was very well.

4:27

Well that's one of the calls.

6:42

Go ahead and bring this meeting to order.

6:44

Um, before we get started, I have to read an introduction.

6:54

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 specification manual.

7:06

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.

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 on facts presented.

7:27

All variance requests require a 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 with the city clerk within thirty days of the committee's decision.

7:42

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

7:48

The parties to these cases are entitled to a uh 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.

8:03

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

8:07

City staff will introduce the proposed project to the committee.

8:10

Any committee members may ask questions.

8:12

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

8:36

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

9:44

Second.

9:45

Second.

9:46

All in favor say aye of approving the minutes.

9:49

Aye.

9:50

Aye.

9:52

Okay.

9:53

Motion passes.

10:00

Is there a staff presentation?

10:11

The subject property here consists of approximately 2.57 acres.

10:17

Contains several vacant tracts are located on the both sides and an unimproved portion of Montclair Drive, which is located north of Wright Swell Avenue.

10:25

The applicant is proposing to rezone this property from R 10 to an R5 conditional district for a 10 lot single family subdivision.

10:44

The applicant proposed to improve a portion of the existing unimproved Montclair Drive and construct a new street that would connect to Montclair Drive.

10:52

Uh to Wrightsville Avenue.

10:53

I'm sorry.

10:54

The standard cross section for a minor residential street includes 40-foot wide right-of-way, 16 feet of pavement with Kerb and Gunnar Plaza sidewalks and non-municipal easements.

11:05

So today's request is relief from the standard cross section for this minor residential street within the existing 33-foot wide right-of-way.

11:13

I'd be happy to answer any questions, and the applicant is present as well.

11:20

Any questions for Brian?

11:27

Okay.

11:28

Thank you.

11:29

The applicant.

11:58

Today I have Cindy Wolf with me from Design Solutions who understands all this stuff and is going to present it to you.

12:06

Thank you.

12:10

Thank you.

12:10

Good afternoon.

12:11

My name is Cindy Wolf, and as a Michael said, I've been helping them through this process.

12:16

We are in the process of rezoning and some entitlement, but just to give a little bit of background on it, uh, what you see on the left are the two parcels that we're working with, and what we're working with was created all the way back in 1912 with Ida Wild.

12:31

Monclair Drive was dedicated as a 33-foot right-of-way.

12:36

And so there you can see the so generally speaking, whenever a road is constructed within the city of Wilmington as for one of these projects, which would be considered a subdivision.

12:52

This would at 10 lots be considered a minor local residential road, which generally has a 40-foot right-of-way, 16-foot of asphalt, five-foot plaza, and five-foot sidewalk.

13:06

As I showed in that other picture, we don't have full right-of-way on both sides of what is now called Montclair in any of the along it, only a portion of it.

13:18

So again, the cross sections that are part of the city tech standards are for a minor street with valley cut with valley gutter.

13:31

So the new right where we have frontage on both sides of the road, we can dedicate additional right-of-way so that we have the full 40-foot of right-of-way, which is going to be called plant court and karma court.

13:46

Where we don't have frontage on both sides or either side coming out past Molly Pitchers down to Wrightsville Avenue.

13:54

It is the existing 30-foot right-of-way.

13:57

And there is where we're asking basically for the waiver that we're creating the road, but it's not our frontage, so we can't really provide a sidewalk in that location.

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure████████████████████████████28%
Zoning And Land Use███████████████████████████27%
Procedural████████████12%
Environmental Protection██████6%
Public Safety██████6%
Public Works█████5%
Miscellaneous████4%
Public Engagement████4%
Flooding███3%
Summary of Proceedings

Wilmington Design Adjustment Committee Meeting - October 19, 2022

The Wilmington Design Adjustment Committee met on October 19, 2022, at 1:30 p.m. (note: the provided timestamp indicates 18:30 UTC, creating a time discrepancy; the agenda and minutes consistently list 1:30 p.m.) to consider two waiver requests for residential developments. The meeting was held in the Harrelson/United Bank building, 115 North 3rd Street, 5th floor conference room, contrary to the agenda which listed City Council Chambers.

Consent Calendar

  • Minutes of September 21, 2022: Motion to approve carried 5-0.

Public Comments & Testimony

  • Plant Court (938, 1121, 1125 Montclair Dr): Several residents spoke. John Workman opposed any encroachment on his property and questioned the wetland delineation by the Army Corps of Engineers. Julianne O'Donnell expressed concerns about stormwater, flooding, and wildlife impacts. Paige Woodruff alleged that 50 tons of fill dirt were brought onto the site without a permit in 2008, contributing to neighborhood flooding, and requested an investigation. Kirra Beitel raised concerns about road connectivity through wetlands and the scale of development. Edward Dean worried about the road's proximity to his home.
  • Proximity at Watermark (4126 River Road): No members of the public spoke.

Discussion Items

  • Plant Court: The applicant (Cindee Wolf, Design Solutions) requested a waiver from the standard minor residential street cross-section (40-foot right-of-way, 16-foot pavement, curb, gutter, plazas, sidewalks) due to an existing 33-foot platted right-of-way along Montclair Drive. The committee discussed options for sidewalk placement, road alignment, and stormwater management. After deliberation, they approved a conditional waiver requiring a sidewalk on the west side of Plant Court connecting to Wrightsville Avenue, with curb and sidewalk detailing (including potential vertical curb) to be finalized by the Technical Review Committee (TRC). The motion passed 5-0.
  • Proximity at Watermark: The applicant (Mike Brown, Cape Fear Commercial) requested two waivers: (1) access provided via private drives instead of a new public street (required for developments over 50 units or buildings over 500 feet from a public street), and (2) a private drive exceeding the 500-foot maximum length. The committee expressed concerns about the lack of public street dedication, emergency vehicle access (a bridge at Access 1 cannot support a fire truck), pedestrian safety, and the site design creating a self-imposed hardship. After discussion, the applicant requested a continuance to study improvements to Access 2 (the northern access on River Road) and the bridge at Access 1 (connecting to Independence Boulevard). The committee agreed, and a motion to continue to the November 16, 2022 meeting carried 5-0.

Key Outcomes

  • Plant Court: Motion to approve with conditions (sidewalk on west side, curb detailing as discussed, flexibility for TRC to determine road location and vertical curb) carried 5-0.
  • Proximity at Watermark: Motion to continue to the next regular meeting on November 16, 2022, carried 5-0.

Meeting Transcript

Well, I mean I I think that's okay. So we're gonna show you what is wrong with that. So we'll have your back and you're gonna make uh building so another through background. Well put the push through the still spot. I thought I was wondering off that one. So that was very well. Well that's one of the calls. Go ahead and bring this meeting to order. Um, before we get started, I have to read an 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 specification 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. 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 on facts presented. All variance requests require a 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 with the city clerk within thirty days of the committee's decision. Appeals are set for hearing before the Board of Adjustment within thirty days, or as soon thereafter as practicable. The parties to these cases are entitled to a uh 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 term if a recusal is necessary. City staff will introduce the proposed project to the committee. Any committee members may ask questions. The applicant may present additional information about the project, and the members may ask questions. When a witness comes forward to give testimony, please come to the podium, state your name and address of the board, and speak clearly. Second. Second. All in favor say aye of approving the minutes. Aye. Aye. Okay. Motion passes. Is there a staff presentation? The subject property here consists of approximately 2.57 acres. Contains several vacant tracts are located on the both sides and an unimproved portion of Montclair Drive, which is located north of Wright Swell Avenue. The applicant is proposing to rezone this property from R 10 to an R5 conditional district for a 10 lot single family subdivision. The applicant proposed to improve a portion of the existing unimproved Montclair Drive and construct a new street that would connect to Montclair Drive. Uh to Wrightsville Avenue. I'm sorry. The standard cross section for a minor residential street includes 40-foot wide right-of-way, 16 feet of pavement with Kerb and Gunnar Plaza sidewalks and non-municipal easements. So today's request is relief from the standard cross section for this minor residential street within the existing 33-foot wide right-of-way. I'd be happy to answer any questions, and the applicant is present as well. Any questions for Brian? Okay. Thank you. The applicant. Today I have Cindy Wolf with me from Design Solutions who understands all this stuff and is going to present it to you. Thank you. Thank you. Good afternoon. My name is Cindy Wolf, and as a Michael said, I've been helping them through this process.

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