Design Adjustment Committee Meeting - June 21, 2023
Design Adjustment Committee Meeting - June 21, 2023
The Wilmington Design Adjustment Committee (DAC) met on Wednesday, June 21, 2023, at 1:30 p.m. in City Council Chambers to consider two agenda items: a design adjustment for a supermarket project and a request for waivers and adjustments for a multi-dwelling development. The meeting was called to order by Chair Rob Gordon, and a quorum was present. All votes were unanimous.
Consent Calendar
- Approval of Minutes: The minutes from the April 19, 2023 meeting were approved unanimously (5-0) without discussion or correction.
Public Comments & Testimony
- Tony Roberti (418 Echo Farms Boulevard) expressed concerns about safety for the Midtown Junction project, stating that the requested cul-de-sac length variance (from 500 feet to 1,532 feet) is triple the standard and could impede emergency vehicle access.
- No public comments were made for the Los Portales Supermarket item.
Discussion Items
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Los Portales Supermarket (DAC-24-623): A request for a design adjustment to reduce the minimum driveway offset from the property line from 75 feet to 18.72 feet at 9 Sunnyvale Road. Associate Planner Jeff Walton presented the project, noting the site is zoned CB (Community Business) and vacant. The applicant, architect David Ball, justified the request based on limited frontage and discussions with NCDOT favoring an egress-only driveway as far from the intersection as possible. Staff recommended conditioning the driveway on Carolina Beach Road as egress-only. The committee approved the adjustment (5-0) with that condition, citing minimal frontage and NCDOT advice.
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Midtown Junction (DAC-25-623): A request for a waiver from the maximum cul-de-sac length of 500 feet to 1,532 feet for a 257-unit multi-dwelling project at 3930 Independence Boulevard and 3818 Carolina Beach Road. Chair Gordon recused himself due to prior involvement with the project’s Technical Review Committee (TRC); alternate Eric Seidel served in his stead. Assistant Director Brian Chambers presented, explaining the site is zoned R-15 and vacant. Applicant attorney Colin Tarrant and planner Brian Jenest described topographical constraints (wetlands, a blue-line stream, and a third-party-owned strip) that prevented a road connection to the north. They noted the proposed street would include sidewalks, parking, and a hammerhead turn for emergency vehicles. A traffic impact analysis (TIA) recommended right-in/right-out only on both access points, with Carolina Beach Road as exit-only. Committee members discussed connectivity, bike/pedestrian access, and safety. The waiver was approved (5-0) with a condition to add pedestrian access to Pershing Court (if legally obtainable).
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Preliminary Plan Approval (Midtown Junction): After the waiver vote, the committee discussed the overall preliminary plan. Concerns included driveway alignment on Street A, a narrowing section near a bridge, utility pole clearance at the Carolina Beach Road driveway, and lack of bike lanes. The applicant agreed to consider sharrows (shared road signage) and apron-style driveway connections. Vice-Chair Vielkanowitz also requested alignment of driveways across Street A. The preliminary plan was approved (5-0) with conditions: 1) sharrows or shared road signage installed; 2) Carolina Beach Road driveway egress-only (as in staff report); 3) driveways on Street A aligned; 4) all parking area connections to be apron-style rather than street-style; and 5) conditions from the TIA be met. Justification included preservation of wetlands and environmental features, limited road frontage, and efforts to push accesses away from intersections.
Key Outcomes
- Los Portales Supermarket: Motion to conditionally approve the design adjustment (5-0), with the condition that the Carolina Beach Road driveway be exit-only.
- Midtown Junction – Cul-de-sac waiver: Motion to conditionally approve (5-0) with pedestrian access to Pershing Court if legally attainable.
- Midtown Junction – Preliminary Plan: Motion to conditionally approve (5-0) with conditions as listed above.
- The meeting adjourned at 2:28 p.m.
Meeting Transcript
Before we get started, I have to read an introduction. This meeting of the design adjustment committee will now come to order. 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 the 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 upon the facts presented. All variance requests require a four-fifths vote of the committee to grant the variance. Appeals of committee decisions are to Superior Court. The parties in 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, they should disclose that information to determine if a recusal is necessary. City staff will introduce a proposed project to the committee and committee members may ask questions. The applicant may present additional information about the project and members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard at the back of the room and be sworn in. Because witnesses are to provide sworn testimony, please focus on the facts and the 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 to all individuals who intend to provide witness testimony. If I could have all staff applicants and members of the public who wish to speak, anyone who wishes to speak today, 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? Thank you. First item on the agenda is uh approval of the minutes. Has any everyone had a chance to look at the minutes? Are there any questions? Motion to approve. Second. Any discussion? All in favor say aye. Aye. Opposed. Approved. Um the first item, Las Portales Supermarket. Um Jeff Walton. This is for the Lotus Portales uh supermarket. The site is located on the southwest corner of Sunnyvale and Carolina Beach Roads. The site is vacant, approximately 0.89 acres in size, and the zone CV community business. A stormwater management permit would be required. The technical standards and specification uh manual specifies for driveway design. All driveways on uh major thorough thoroughfares shall have a property line of also 75 feet measured at the curved line. The applicant proposes an offset of 18.72 feet and an adjustment from this board is required. The applicant has provided justification for the quest on uh attachment three of your package. If the design adjustment committee elects to approve the proposed amendment, staff does recommend uh condition that one condition be applied that the design of the driveway on Caroline Beach Road shall be exit only. I'll be happy to answer any questions you may have. Jeff, do you know if uh traffic impact analysis is associated with this site? I don't believe so. Um I think the the use is uh small footprint. They're looking at a ground floor uh supermarket retail and then an upstore upstairs uh office use, I believe. And I don't think it kicked it into a TIE. Okay. Thank you. Any other questions for Jeff? Thank you.
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