Design Adjustment Committee Meeting - April 19, 2023
Design Adjustment Committee Meeting - April 19, 2023
The Design Adjustment Committee (DAC) of the City of Wilmington met on Wednesday, April 19, 2023. The agenda listed a 1:15 p.m. start time, but the meeting was called to order at 1:30 p.m. according to the minutes. The committee considered two items: a request for driveway waivers for the Starway Village apartment development (old business) and a request for a payment-in-lieu of dedicated open space for the Pearl II mixed-use project (new business). Both items were approved unanimously (5-0). The meeting adjourned at 2:18 p.m.
Consent Calendar
- Approval of Minutes (March 15, 2023): The minutes were presented by Chair Gordon. No corrections were suggested. A motion to approve passed unanimously, 5-0.
Public Comments & Testimony
- Starway Village: No members of the public spoke for or against the waiver requests. The public hearing was opened and then closed.
- Pearl II: Nick Lynton, a resident of South 4th Street across from the project site, expressed concerns about the lack of open space in the neighborhood, called the proposed payment amount ($33,294) "a biddly amount," and asked where the funds would go. Staff responded that funds are set aside for park and recreation improvements in the area.
Discussion Items
- Starway Village (Waiver Requests): The applicant, Chris Bostic (Kimley Horn), requested two adjustments from the city's technical standards for a 278-unit apartment development at 2340-2374 Carolina Beach Road.
- Waiver 1 – Driveway offset from property line: The code requires a 75-foot offset on major thoroughfares; the applicant proposed 9 feet (northern driveway) and 30 feet (southern). The committee noted the driveway would be right-turn-only egress, approved by NCDOT, and deferred to DOT standards. Motion to approve passed 5-0.
- Waiver 2 – Private driveway length (max 500 feet): The applicant proposed a driveway exceeding 500 feet (over 889 feet). Justification included site shape, limited frontage on Carolina Beach Road, and circulation design that allows through movement for emergency vehicles. Fire Captain Elrod confirmed no emergency access concerns. Motion to approve passed 5-0.
- Pearl II (Payment-in-Lieu of Open Space): The applicant, Michael Beckley (Bush Watson), requested to pay in lieu of dedicating 6,270 square feet of open space (10% of the 1.4-acre site) for a mixed-use project at 716-724 S. 4th Street & 719 S. 3rd Street. The site is zoned UMX and R-3, with a pending rezoning to UMX(CD). Staff noted that open space must be at ground level and cannot be rooftop or internal. The committee discussed site constraints (brownfield, topography, UMX setbacks, parking needs) and concluded that the project's proposed elevated podium recreation area (approx. 120×80 ft) meets resident recreational needs, and nearby parks (Greenfield Lake, Dram Tree Park, Robert Strange Park) are available. The payment amount was set at $33,294, based on 10% of the county tax value of the entire parcel. Motion to approve passed 5-0.
Key Outcomes
- Starway Village Waiver 1 (driveway offset): Approved 5-0.
- Starway Village Waiver 2 (driveway length): Approved 5-0.
- Pearl II payment-in-lieu of open space: Approved 5-0, with funds to be used for area park improvements.
- Next regular meeting: May 17, 2023.
Meeting Transcript
Call the meeting of the design adjustment committee to order. 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 specifications. Appeals of committee decisions are to Superior Court. Please disclose that information to determine if a recusal is necessary. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard in the back of the room and be sworn in. Because witnesses are to provide sworn testimony. Please focus on the facts presented, not personal preference or opinion. When a witness comes forward to give testimony, come to the podium, state your name and address for the record and speak clearly. At this time, staff will administer the oath for individuals who intend to provide witness testimony. If I could please have all staff applicants and anyone in the audience who wishes to speak today, you must be sworn in sworn in in order to speak. Do you swear that the testimony you're about to give is the truth, the whole truth and nothing but the truth? Thank you. Okay, the first item on the on the agenda is approval of the minutes. Have committee members had a chance to take a look, and if so, any comments. I will make the motion to approve the minutes as presented. Second. All in favor say aye. Aye. Aye. Opposed. Motion carries. Brings us to item number one, Starway Village. To give you history, uh, the Starway Drive-in theater located on the larger rear portion of the property operated in 1955 as a 700 vehicle uh outdoor car theater. Uh the it closed in 1985, and the Starway flea market opened shortly after and uh operated on the site up to um this year. On December 1st, 2021, the city council rezoned the site to MD17 uh high density and multiple dwelling residential district districts. Um February 16, 2022, the design adjustment committee acting as the former subdivision review review board approved a preliminary plan for a four-lot subdivision, including the construction of a public street and utility extensions. A 278 unit multi-dwelling development, including the extension of Maryland Avenue to Carolina Beach Road, is under formal review with CRC at this time. The applicant has requested two adjustments listed in attachment three of your package. Um the first one, the technical standards and specification manual specifies that general driveway design. Um, all driveways on a major thorough thoroughfare shall have a property line offset of 75 feet as shown on the red diamond on the screen. Um the applicant proposes a property offset of nine feet to the north and 30 feet to the south, and an adjustment is required. The tech standard specifies that the length of a private driveway shall not exceed 500 linear feet. The applicant proposes a maximum driveway length that exceeds the standard and an adjustment is required. As you see on the screen and in your package, the applicant put together a explanation and a chart of how far they were exceeding the 500 foot rule for your consideration. The uh applicant is also here tonight or this afternoon to answer any questions you may have, and I'm here to address any items you have questions about. Thank you, Jeff. Um, the only question I had was is there any uh what's the status of approval of the from from DOT for that particular driveway on Kellana Beach Road, or would the applicant need to address that? I think the applicant can address that. Okay. Any other questions for Jeff? Thank you. Thank you. Does the applicant wish to speak? Good afternoon. My name is Chris Bostick. I'm with Kimley Horn, 421 Fateville Street, Raleigh. Uh, thank you for the time this afternoon to uh discuss the the two requests, and I wanted to hit on both of them just briefly and then answer your question with respect to DOT. Um, first off, uh, with respect to the the driveway itself. Uh one of the extenuating circumstances with that driveway is the the general shape of the property.
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