Design Adjustment Committee Meeting - January 18, 2023
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Design Adjustment Committee Meeting - January 18, 2023
The Design Adjustment Committee of the City of Wilmington met on Wednesday, January 18, 2023 at 1:30 p.m. in City Council Chambers to consider three requests for waivers and adjustments from the city's technical standards. The committee approved all items by unanimous 5-0 votes. The meeting adjourned at 3:08 p.m.
Consent Calendar
- Approval of Minutes (December 11, 2022): The minutes were amended to reflect that the November meeting was a regular, not special, meeting. Motion carried 5-0.
Public Comments & Testimony
Haven at Galleria (DAC-16-123):
- Tony Carter, speaking on behalf of Geneva Age, expressed concerns about access for the Age property, citing active litigation over an easement. He questioned the design of a curve near the driveway and the impact on fire hydrant access.
- Wayne Age, son of the property owner, reiterated the access struggle and requested a deeded, transferable easement.
- Cindy Locklear, Edgewater Lane resident, requested more time for residents to review the project and raised concerns about the accuracy of a retention pond survey.
- Craig Marquee, Edgewater Lane, expressed concerns about noise, height, and light pollution from the project's density and scale.
- John Conner, Pergola Terrace, asked about a traffic study and urged careful consideration.
Chabad of Wilmington and Wilmington Powersports: No public comments were made.
Discussion Items
1. Haven at Galleria (DAC-16-123) The applicant, John Tunstall (Norris & Tunstall Engineering), requested five waivers for a mixed-use development at 6730 & 6800 Wrightsville Avenue:
- Minimum horizontal curve radius (from 200' to <200' on a collector street)
- Radius of roadway edge at corners (from 35' to 25')
- Minimum right-of-way width for collector street (from 60' to variable <60')
- Minimum tangent length between horizontal curves (from 100' to <100')
- Non-municipal easements along both sides of right-of-way (from both sides to one side) Staff recommended approval with conditions. After discussion, the committee approved each waiver individually and the preliminary plan, adding a condition to ensure adequate access for the Age property. All votes were 5-0.
2. Chabad of Wilmington (DAC-17-123) The applicant, Howard Resnik (CSD Engineering), requested two waivers for a religious assembly at 2307-2317 Market Street:
- Relief from the minimum standard cross-section for a local residential street on Lyndon Avenue (reduced paving width from 29' to 15', plaza from 6' to 3.5', turning radius from 35' to 15', and sidewalk on one side only)
- Relief from the minimum driveway property line offset (from 6.5' to 0') The committee discussed site constraints, tree preservation, and fire access. Both waivers were approved 5-0.
3. Wilmington Powersports (DAC-18-123) The applicant, Howard Resnik, requested three waivers for the expansion of a retail business at 6845 Market Street:
- Maximum driveway width at curb (from 62' to 76')
- Minimum driveway property line offset (from 75' to 9'/64.1')
- Maximum private driveway length (from 500' limit to 750') Staff noted the driveway design is part of NCDOT's STIP Project U-4751. The committee approved all three waivers 5-0, citing site constraints and secondary emergency access.
Key Outcomes
- All waiver requests and plan approvals for all three items passed unanimously (5-0).
- The next regular meeting is scheduled for February 15, 2023.
Meeting Transcript
That's what I think that's interesting. So is this the one thing we want to do? This is the one that's all that is the ad well. This I just throw to where this is the road. This is probably at least uh protection block. So they're gonna continue just drive right here. There's already a road. Yeah. So they're gonna stick to that road and then we're gonna be fine or eight. We would like something like a lot of this. Uh if this is what they want to stick to, I'll say right here. I haven't made my topics. Was there even a problem? No, I'm not a few. I can see that one. I don't think that's right now. That's about variance changes. And something around there is that part of the circle. Um I don't know that there are many places that have that much. I'm gonna call the uh design adjustment committee to order. Um the design adjustment I gotta read uh 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. 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 the facts presented. All variance requests require four-fifths vote of the committee. Appeals of the committee decisions are to Superior Court. The parties 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 an affected person, or has had any ex parte communication about the matter, please disclose that information to determine if a recusal is necessary. Because witnesses are to provide sworn testimony. If I could please have staff applicants and anyone in the audience who wishes to speak this afternoon to please stand up and be sworn in. It's currently zoned urban mixed use legacy district. On September 16th of 2020, the now defunct uh subdivision review board approved a preliminary plan for a three-lock commercial subdivision that included the construction of private streets and utility extensions. There were a number of adjustments and waivers were approved as part of that process, and they remain in effect. The approved preliminary plan. Sorry, the approved preliminary plan includes three new streets that would connect to Wright Sill Avenue to the north and two locations that connect the pergola terrace to the south at an existing private street stub. The applicant proposes to modify this plan to adjust the street layout and modify the street cross sections that were approved. Access to the site will be provided by a public collector street, which would connect to Wrightsville Avenue to the north at two locations, and a private drive access easement, which would serve as a central entrance to the site off of Wrightsville Avenue. There's also one street connection provided to the existing private stub street to the south Pergolette Terrace. A traffic impact analysis is currently under review for this project. There are a number of waivers that would need to be modified to account for the changes that are being proposed. There will be a waiver from the minimum horizontal curve radius on a collector street, a waiver from the 35-foot radius of a roadway edge at the corners, a waiver from the minimum right-of-way width for a collector street, a waiver from the minimum tangent link between horizontal curves, and a waiver from providing the 10-foot wide non-emmissible easements along both sides of the right-of-way. That concludes staff's presentation. I'd be happy to have any questions you have, and the applicant is here to answer any questions as well. I do have slides that kind of outline the previously approved waivers. If you have questions about which ones were approved, which ones still apply, which ones are being modified, we can get into that. I just wanted to keep this simple at the outset. No, I appreciate that. I noticed that in the staff report on page two. You look like there was some pretty good summary on what modifications we have to consider, what are no longer necessary, and then what I guess are still valid.
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