OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Design Adjustment Committee Meeting – March 15, 2023: Starway Village Continuance & Riverlights Driveway Waiver Approval

Board of AdjustmentWednesday, March 15, 2023
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, March 15, 2023
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
12:07

Begin the design adjustment committee meeting.

12:09

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

12:15

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.

12:26

The DAC 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.

12:37

These hearings are quasi-judicial evidentiary hearings.

12:40

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

12:48

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

12:52

Appeals of the design adjustment committee are to superior court.

12:56

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

13:00

If a board member has a fixed opinion on a 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.

13:14

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

15:00

Okay.

15:00

So that moves to the April meeting.

15:11

Item number two is the River Lights Project Luminescence.

15:14

And I'm gonna swear everyone in.

15:15

If y'all could just uh stand up, raise your right hand.

15:20

Do you swear that the evidence you're about to present today is the truth, the whole truth, and nothing but the truth.

15:25

Thank you.

15:39

Good afternoon.

15:41

Uh Friday number two, this subject property is currently zoned MXL C D.

15:46

It's a mixed use legacy district conditional district located in the MX3 portion of River Lights.

15:53

The applicant has submitted plans for 121 unit senior living facility and 34,500 square foot assisted living facility with 60 beds.

16:02

Um the the site plan is showed up on the screen and it shows you the extent of the request that are being made today.

16:09

Um proposed plan includes two driveway connections on Arnold Drive, and the applicant is requesting relief from the maximum length of a private driveway.

16:18

Um they're prepared to make a presentation as well.

16:20

I'd be happy to answer any questions you have at this time.

16:26

Any questions for Brian?

16:28

Thank you.

16:29

Thank you.

16:41

Thank you, Mr.

16:42

Chairman, members of the board.

16:43

Um we have a PowerPoint want to wait to get pulled up here.

16:47

Thank you.

16:48

Oh, yes, uh, my name's Brad Schuler.

16:50

I'm a planner with Paramount Engineering.

16:52

I'm also here with Andrew Richards and Tim Cleekscales, they are engineers with Paramount Engineering.

16:58

Um we did provide uh or prepare a few slides uh that will hopefully explain the request.

17:05

Uh shown here is aerial photography of the uh the site highlighted uh in red as the uh subject property.

17:12

Uh the property is located in the uh southern portion of the river lights community.

17:17

It is accessed by Arnold Road, which is a recently developed public rideway that extends from River Road to the uh Arrowhead subdivision to the north.

17:27

Uh southeast of the site is uh Mott Creek and the village of Mott's Landing subdivision, uh which is located in the unincorporated portion of the county.

17:37

Uh shown here is the master plan for the uh IlMX 3 section of River Lights.

17:44

Uh the subject site is a portion of parcel five, uh, which is highlighted here on the master plan.

17:50

Uh parcel four to the north is uh the area where the river lights elementary school is planned to be constructed.

17:58

Uh to the east is area uh designated as open space, uh which abuts along Mott's Creek and does contain some wetlands, and to the south is the residual portion of parcel five, uh which is designated for commercial purposes in the master plan.

18:15

Um I do want to note that this portion of River Road within the River Lights community uh has been designed to restrict driveway uh cuts along the road.

18:25

Uh is my understanding any new driveway uh cut would be prohibited outside of the existing intersections that have been uh constructed along that road.

18:35

Uh shown here is the uh site plan again.

18:38

It uh is split into two components.

18:40

Uh on the uh plan left here, it uh consists of 120 unit independent living facility, and on the uh right side of the plan is a 60 bed assisted living facility.

18:53

Uh the property itself is ranges from about 700 to 825 feet in length, and uh because of that the driveways would need to be uh extended past the 500 foot uh restriction in order to provide the needed access to uh serve those facilities.

19:11

Uh the fire code does require uh that a fire apparatus road be located within 200 feet of all portions of the building.

19:19

Uh we are meeting and exceeding uh that standard with this design, which uh to me is a good standard due to uh the nature of this facility serving uh an elderly population.

19:31

Um lastly, I just want to point it's not uncommon for retirement communities to be located on larger properties uh with a campus style design containing many uh amenities that is aimed for uh that population to stay on the site.

19:48

Um also they have much larger buildings which would require larger driveways uh or longer driveways to provide uh the needed access to them.

19:57

Uh so just a couple examples.

20:00

We have the Davis community and plantation village and Porter's Neck.

20:04

Uh this is Trinity Landing on Mason Borough Loop Road, which extends about 2400 feet.

20:10

Uh we have uh Brightmore here, uh which is a more compacted uh example of a retirement community, but it too extends uh about 800 feet off of uh 41st Street, and then a uh smaller facility, New Hanover House, which is uh one building uh two has a uh a 600 foot, approximately a 600 foot driveway, and that doesn't include the little extension of the parking to the north.

20:35

Uh so overall uh we appreciate your uh consideration in this request.

Discussion Breakdown — Share of Meeting
Zoning And Land Use████████████████████████████████32%
Procedural█████████████████████████25%
Fire Safety██████████████████████22%
Legal Framework███████████11%
Affordable Housing██████████10%
Summary of Proceedings

Design Adjustment Committee Meeting – March 15, 2023

The Design Adjustment Committee of the City of Wilmington met on Wednesday, March 15, 2023, at 1:39 p.m. (scheduled for 1:30 p.m.) in City Council Chambers, Skyline Center, 929 North Front Street. Chair Rob Gordon led the meeting, which included two new business items: a continuance for Starway Village due to an advertising error and a request for a waiver of the maximum private driveway length for Riverlights at The Luminance, a senior living facility. No public comments were made. The committee voted unanimously (5-0) on both items. The meeting adjourned at 1:53 p.m.

Consent Calendar

  • Approval of Minutes (February 15, 2023): Motion by Mr. Vandermeyden, seconded by Vice-Chair Vielkanowitz. Approved 5-0 unanimously.

New Business

  1. Starway Village (DAC-20-323): Request for waivers and adjustments for a multi-dwelling apartment development at 2340–2374 Carolina Beach Road. Senior Planner Brian Chambers explained that due to a public notice error, staff requested a continuance to the April 19, 2023 meeting. No discussion ensued. Motion by Chair Gordon, seconded by Ms. Bonevac. Motion to continue carried 5-0.

  2. Riverlights at The Luminance (DAC-21-323): Request for relief from the city’s technical standard limiting private driveway length to 500 feet (Chapter VII(C)(4)). The site at 534 Arnold Road, zoned MX(L)(CD), is planned for a 120-unit independent living facility and a 34,500-square-foot assisted living facility with 60 beds. The applicant, Brad Schuler with Paramounte Engineering, presented justification: the property ranges from 700–825 feet in length, requiring a longer driveway to serve the campus-style design. He noted that the layout complies with fire code requirements (fire apparatus road within 200 feet of all building portions) and was approved by the Technical Review Committee (TRC) for fire and emergency services. He cited examples of similar facilities with driveways exceeding 500 feet (e.g., Trinity Landing at 2,400 feet). Vice-Chair Vielkanowitz asked about the fire apparatus road; Mr. Schuler confirmed it is an all-weather surface supporting 75,000 pounds with a 24-foot width. Chair Gordon inquired about a turnaround area for garbage and emergency vehicles, which also serves as a hammerhead turnaround. Captain Chris Elrod confirmed the design meets fire code because a hammerhead turnaround is provided for driveways over 150 feet, and access to all building sides within 200 feet is satisfied. No public speakers were present. Motion to approve the waiver by Vice-Chair Vielkanowitz, seconded by Chair Gordon, with justification that the site’s length exceeds the technical standard and the layout is consistent with other similar facilities. Motion carried 5-0.

Key Outcomes

  • Starway Village: Continued to the next regular meeting (April 19, 2023) with no opposition.
  • Riverlights at The Luminance: Approved waiver for driveway length exceeding 500 feet; no other adjustments requested.
  • All decisions were unanimous (5-0) with all committee members present: Chair Rob Gordon, Ms. Abie Bonevac, Vice-Chair Denys Vielkanowitz, Captain Chris Elrod, and Mr. Carel Vandermeyden.

Meeting Transcript

Begin the design adjustment committee meeting. Um, before I 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 specifications manual. The DAC 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 and the ordinance and based upon the facts presented. All variance requests require four-fifths vote of the committee. Appeals of the design adjustment committee are to superior court. The parties to these cases are entitled to an impartial board. If a board member has a fixed opinion on a 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. City staff will introduce the proposed project to the committee, and committee members may ask questions. Okay. So that moves to the April meeting. Item number two is the River Lights Project Luminescence. And I'm gonna swear everyone in. If y'all could just uh stand up, raise your right hand. Do you swear that the evidence you're about to present today is the truth, the whole truth, and nothing but the truth. Thank you. Good afternoon. Uh Friday number two, this subject property is currently zoned MXL C D. It's a mixed use legacy district conditional district located in the MX3 portion of River Lights. The applicant has submitted plans for 121 unit senior living facility and 34,500 square foot assisted living facility with 60 beds. Um the the site plan is showed up on the screen and it shows you the extent of the request that are being made today. Um proposed plan includes two driveway connections on Arnold Drive, and the applicant is requesting relief from the maximum length of a private driveway. Um they're prepared to make a presentation as well. I'd be happy to answer any questions you have at this time. Any questions for Brian? Thank you. Thank you. Thank you, Mr. Chairman, members of the board. Um we have a PowerPoint want to wait to get pulled up here. Thank you. Oh, yes, uh, my name's Brad Schuler. I'm a planner with Paramount Engineering. I'm also here with Andrew Richards and Tim Cleekscales, they are engineers with Paramount Engineering. Um we did provide uh or prepare a few slides uh that will hopefully explain the request. Uh shown here is aerial photography of the uh the site highlighted uh in red as the uh subject property. Uh the property is located in the uh southern portion of the river lights community. It is accessed by Arnold Road, which is a recently developed public rideway that extends from River Road to the uh Arrowhead subdivision to the north. Uh southeast of the site is uh Mott Creek and the village of Mott's Landing subdivision, uh which is located in the unincorporated portion of the county. Uh shown here is the master plan for the uh IlMX 3 section of River Lights. Uh the subject site is a portion of parcel five, uh, which is highlighted here on the master plan. Uh parcel four to the north is uh the area where the river lights elementary school is planned to be constructed. Uh to the east is area uh designated as open space, uh which abuts along Mott's Creek and does contain some wetlands, and to the south is the residual portion of parcel five, uh which is designated for commercial purposes in the master plan. Um I do want to note that this portion of River Road within the River Lights community uh has been designed to restrict driveway uh cuts along the road. Uh is my understanding any new driveway uh cut would be prohibited outside of the existing intersections that have been uh constructed along that road. Uh shown here is the uh site plan again. It uh is split into two components. Uh on the uh plan left here, it uh consists of 120 unit independent living facility, and on the uh right side of the plan is a 60 bed assisted living facility.

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