Wilmington Design Adjustment Committee Meeting – December 14, 2022
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Wilmington Design Adjustment Committee Meeting – December 14, 2022
The Design Adjustment Committee of the City of Wilmington met on Wednesday, December 14, 2022, at 1:32 p.m. in City Council Chambers, Skyline Center, 929 North Front Street. The meeting was called to order by Chair Rob Gordon and adjourned at 3:15 p.m. The committee considered three agenda items: a modification to an approved preliminary plan (Helmsdale Phase II), a new request for waivers and preliminary plan approval (Barclay West North), and a parking expansion at the Southside Wastewater Treatment Plant. Public comments were none for all items.
Consent Calendar
- Approval of Minutes (November 16, 2022): Moved by Chair Gordon, seconded by Captain Elrod. Approved 4-0 (Mr. McSmith abstained as he was absent at the previous meeting).
Discussion Items
- Helmsdale Phase II (Old Business): Applicant Jordy Rawl requested two waivers from technical standards: (1) relief from the maximum cul-de-sac length (500 ft) and (2) relief from street connectivity requirements to eliminate two previously approved street connections. The applicant cited concerns about cut-through traffic, wildlife corridors, and support from the Landfall Council of Associations. Committee members expressed that no hardship was demonstrated, connectivity is promoted by the Comprehensive Plan, and traffic calming measures could be added on private roads. After no public comment, Vice-Chair Vielkanowitz moved to deny both waivers; motions carried 5-0.
- Barclay West North (New Business): Applicant Dan Fisk (Paramounte Engineering) presented seven design adjustment requests and a preliminary plan for a multi-dwelling residential development at 3152 S. 17th Street, approved by City Council on August 2, 2022. The project includes 570 units (170 single-family/duplex/townhomes in “The Hamlet” and 290 apartments in “The Mosby”). Committee member Abie Bonevac recused herself due to prior involvement; Nicole Smith served in her place. Staff and applicant detailed each waiver. No public comments. The committee deliberated each request individually.
- Southside Wastewater Treatment Plant Interim Rehabilitation (New Business): Applicant Michael McLamb (Hazen and Sawyer) requested a waiver from the maximum cul-de-sac length (500 ft) for an existing private drive serving a new maintenance building and employee parking at 3436 River Road. The site is zoned IND (General Industry) and operated by Cape Fear Public Utility Authority. Staff noted the driveway exists and the waiver is needed due to the parking expansion. No public comments. The committee found the request straightforward due to limited vehicle trips and existing secured site.
- Other Business: The 2023 Proposed DAC Meeting Calendar was presented. Vice-Chair Vielkanowitz moved to approve the calendar as presented; seconded by Chair Gordon. Approved 5-0.
Key Outcomes
- Helmsdale Phase II: Both waivers denied (5-0). The previously approved preliminary plan remains in place.
- Barclay West North – Waiver votes:
- Waiver #1 (max private driveway length): Conditionally approved 5-0 – condition that Pattison Street connection (access easement to 17th Street) be built before any Certificates of Occupancy are issued for The Hamlet.
- Waiver #2 (non-residential collector street cross-section): Approved 5-0.
- Waiver #3 (residential street cross-section for Newkirk emergency access): Approved 5-0 with condition that sidewalks be provided on both sides of the Newkirk easement (drainage, utility, and access easement to be dedicated to the city). Gate design finalized at Technical Review Committee.
- Waiver #4 (residential collector street right-of-way width for Pattison Street): Approved 5-0.
- Waiver #5 (minimum tangent length between horizontal curves): Approved 5-0.
- Waiver #6 (max three-lane driveway width at property line): Approved 5-0.
- Waiver #7 (max two-lane driveway width at property line): Denied 5-0. Applicant must use standard driveway flares instead of street-style designs.
- Barclay West North – Preliminary Plan: Approved 5-0 as modified by the denial of Waiver #7 and with conditions from staff report.
- Southside Wastewater Treatment Plant: Waiver for cul-de-sac length approved 5-0.
- 2023 DAC Meeting Calendar: Approved 5-0.
Meeting Transcript
So I just want to figure out the pressure. This meeting design adjustment committee will now come to order. Um have to read an introduction before we get started. 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 and subdivision standards. 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 committee decisions are to Superior Court. The parties to uh 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 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 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 oath for individuals who intend to provide testimony. If I could have all staff applicants and members of the public who wish to speak, please stand up. 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? Thanks. Our first item on the agenda is the minutes from the last meeting to Members 16th. Everybody chance had a chance to review those. If so, so you're recusing from the vote on the minutes. Okay. Any other discussion on the minutes? Any comments? No comment. No comment. Um I'll make the motion that we approve the minutes. Second. Second. All in favor say aye. Aye. Opposed. Okay. Motion carries. Brings us to the first item of business, which is uh Helmsdale phase two. Good afternoon, Mr. Chair, members of the committee. Uh the subject property is currently zoned R20L, which is a residential legacy district. It contains approximately 32 acres and is within the landfall master plan development area. Uh in December of 2015, the the Wilmington Subdivision Review Board approved a preliminary plan for this subdivision for a 33-lot um single dwelling subdivision with private streets, utility extension, stormwater management facilities, and open space dedication. Um January of 2018, construction plans for this project were released. Um the project was never completed. However, a number of infrastructure improvements were completed in the project is uh remains vested. Uh the applicant has requested to modify the approved preliminary plan to allow for two of the approved street connections within the subdivision to be closed, and a cul-de-sac turnaround be provided. Um they're asking for relief from the maximum length of a cul-de-sac street and then relief from the street connectivity requirements for external streets adjacent to a subdivision. Uh the land development code stipulates that longer cul-de-sac lengths may be authorized if the design adjustment committee determines there's no option for providing substreets or connectivity due to existing documented environmental features such as wetlands, natural water bodies, topographical features, environmental conditions, or physical conditions of the property. Um also stipulates that a design adjustment may be requested to allow deviations from the subdivision standards in Article 6 of the land development code and the technical standards manual. Um that is all staff has at this time. I happen to answer any questions you might have, and the applicant is here available for questions as well.
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