OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Wilmington Design Adjustment Committee Meeting – July 19, 2023

Board of AdjustmentWednesday, July 19, 2023
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, July 19, 2023
StatusFILED
Video Record
0:00 / 1:07:48

Transcript — Verbatim
6:27

Yes, we may short there.

6:30

So we have five minutes, you know.

8:11

We'll call this meeting of the design adjustment committee to order.

8:15

Before we get started, I have an intro to read.

8:18

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.

8:29

The committee does not consider the housing type, cost to the proposed unit, occupants, building material, unit size, number of bedrooms, or the architectural design of the structures.

8:40

These hearings are quasi judicial evidentiary hearings.

8:52

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

8:57

Appeals of design adjustment committee decisions are to the Superior Court.

9:02

Parties in these cases are entitled to an impartial board.

9:05

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 exparte communication about the matter, please disclose that information to determine if a recusal is necessary.

9:44

When a witness comes forward to give testimony, please come to the podium, state your name and address to the record, and speak clearly.

9:52

At this time, staff will administer oath for all individuals who intend to provide witness testimony.

10:00

If I could have all staff applicants, member of the public, please stand up and raise your right hand.

10:04

Do you the swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth?

10:09

Thank you.

10:14

The first item on the agenda is the minutes.

10:17

Everybody had a chance to look over the minutes, and if so.

10:23

I'd make a motion to approve the minutes.

10:26

Okay.

10:28

I'll second.

10:30

And all in favor of approval?

10:32

Aye.

10:33

Aye.

10:34

Opposed?

10:35

Okay.

10:37

All right.

10:38

The first item on the agenda is the Ponderosa cottages.

10:41

Is there a staff presentation?

10:50

Thank you, Chairman.

10:51

Good afternoon.

10:52

The following testimony pertains to case DAC-1-723 for approximately 1.966 acres of property located at 525 Ponderosa Lane.

11:04

The site is located south of Westchester Road and at the terminus of Ponderosa Lane.

11:10

The applicant is requesting design adjustments for the minimum standards for a local street, street design, and maximum cul-de-sac length, in order to develop a six-lot residential subdivision.

11:23

The property is currently zoned, R15, moderate density single dwelling district.

11:28

However, the applicant is seeking a rezoning to R5 CD, medium density mixed residential conditional district.

11:36

The property is currently developed with a single family detached dwelling.

11:40

A six-inch water main and eight inch sewer main exist in Westchester Road right-of-way.

11:46

The site is currently developed with approximately 1,250 square feet of impervious, approximately 1.4% of the site.

11:56

The proposed impervious will occupy 17,500 square feet of impervious or 20.1% of the site.

12:17

All proposed streets shall install five foot wide sidewalks on both sides of the street.

12:24

The applicant proposes no sidewalk on the western side of the proposed extension of Ponderosa Lane and an adjustment is required.

12:34

All proposed local streets shall be centered in a street cross section within 40 feet of right-of-way.

12:40

The applicant proposes a street cross section within a 50-foot right-of-way to be centered in the eastern 40 feet, and an adjustment is required.

12:50

The technical standards further suggests specifies minimum and maximum street design standards, including the tangent length between horizontal curves, shall be a minimum of 100 feet.

13:03

The applicant proposes a minimum tangent length of 80 feet, and therefore an adjustment is required.

13:10

Length of a cul-de-sac shall be a maximum of 500 feet.

13:16

The applicant proposes a maximum length of 650 feet, therefore an adjustment is required.

13:23

That concludes staff's presentation.

13:31

Any questions?

13:34

Thank you.

13:41

Yes, my name is Tim Johnson with Johnson Custom Builders.

13:44

I'm the owner of the property, and Cindy Wolf will be handling presentation and answer any questions she may have.

13:52

Thank you.

13:54

Thank you.

13:54

Good afternoon.

13:55

I'm Cindy Wolf, uh registered landscape architect, and have been helping them through this process.

14:01

As Nicole pointed out, this is a somewhat conditional DAC request based upon the rezoning.

14:09

What we've got is a parcel of land that is at the terminus of what is called Ponderosa Lane.

14:16

It was renamed as the stub from Dartmouth at one time.

Discussion Breakdown — Share of Meeting
Zoning And Land Use███████████████████████████27%
Engineering And Infrastructure███████████████████████████27%
Parking Management███████████████15%
Procedural████████8%
Public Safety███████7%
Fire Safety███████7%
Public Works██████6%
Public Engagement███3%
Summary of Proceedings

Wilmington Design Adjustment Committee Meeting – July 19, 2023

The Design Adjustment Committee of Wilmington, NC, met on Wednesday, July 19, 2023, at 1:30 p.m. in City Council Chambers, Skyline Center. The meeting lasted until 2:31 p.m. and addressed two agenda items: design adjustments for a proposed residential subdivision (Ponderosa Cottages) and a parking lot expansion for Rooms to Go. The committee approved minutes, denied one waiver, granted several others, and conditionally approved a preliminary plan.

Consent Calendar

  • Approved the minutes from the June 21, 2023, regular meeting unanimously (5-0).

Discussion Items

1. Ponderosa Cottages (DAC-1-723)

  • Request: Design adjustments for a 6‑lot residential subdivision at 525 Ponderosa Lane, seeking R‑5(CD) zoning. The applicant proposed relief from street right‑of‑way, sidewalk, geometric, and cul‑de‑sac standards.
  • Staff Presentation: Nicole Smith, Senior Planner, summarized the four requested adjustments:
    • (1a) No sidewalk on the western side of the proposed extension of Ponderosa Lane (sidewalk waiver).
    • (1b) An offset street cross‑section within a 50‑foot right‑of‑way instead of the standard 40‑foot centered alignment.
    • (2) Reduced minimum horizontal centerline radius from 100 feet to 80 feet to preserve existing trees.
    • (3) Increased maximum cul‑de‑sac length from 500 feet to 650 feet.
  • Applicant Testimony: Cindee Wolf (Design Solutions) and property owner Tim Johnson explained that the design preserves a cemetery and mature trees, allows future connectivity to adjacent parcels, and that street stubs would be provided.
  • Committee Deliberation:
    • On waiver (1a): Members expressed concern about eliminating the sidewalk. Chair Gordon noted insufficient justification, and a motion to deny the sidewalk waiver carried 5‑0.
    • On waiver (1b): The offset cross‑section was approved (5‑0) as the wider right‑of‑way aids tree preservation and transitions from the existing 60‑foot right‑of‑way.
    • On waiver (2): The reduced radius was approved (5‑0) for low‑volume local traffic and to protect natural amenities.
    • On waiver (3): The extended cul‑de‑sac was approved (5‑0) because future street connection is possible and site constraints justify the length.
  • Preliminary Plan Vote: The committee conditionally approved the preliminary plan (5‑0) with the addition of the sidewalk on the west side (per the denial of waiver 1a) and staff’s recommendations.

2. Rooms to Go Parking Lot (DAC-2-723)

  • Request: Design adjustments for a parking lot expansion at 460 S. College Road. The applicant sought four waivers related to driveway spacing, separation, corner clearance, and property line offsets.
  • Staff Presentation: Brian Chambers, Assistant Planning Director, explained that the site is zoned RB and that the applicant proposes a new rear parking lot with access from Randall Parkway and reconfiguration of the front lot. The four requested adjustments were:
    • (1) Two driveways on Randall Parkway instead of one per 600 linear feet (site has less than 600 feet of frontage).
    • (2) Driveway separation less than the required 250 feet.
    • (3) Corner clearance less than 230 feet from intersections.
    • (4) Property line offset less than 75 feet.
  • Applicant Testimony: Attorney Amy Schaefer, engineer Tyler Horn (Bohler Engineering), and Rooms to Go representative Will Martin explained that the building is being reconfigured from a warehouse to a showroom, increasing parking demand. The driveways are existing; eliminating one would hinder emergency vehicle access. NCDOT approved the College Road driveway. Delivery trucks will be box trucks, not tractor‑trailers, and no backing onto Randall Parkway will occur.
  • Committee Deliberation:
    • Waiver (1) – Maximum number of driveways: Approved 5‑0 with a condition that the applicant provide auto‑turn analysis for the design delivery vehicle to the Technical Review Committee (TRC).
    • Waiver (2) – Minimum separation: Approved 5‑0 due to the limited frontage and existing building configuration.
    • Waiver (3) – Minimum corner clearance: Approved 5‑0 because the College Road driveway is as far from the intersection as possible and Randall Parkway is a divided road with a median.
    • Waiver (4) – Minimum property line offset: Approved 5‑0 with a condition that the TRC review turning movements into and out of the rear driveway to facilitate efficient right‑turn movements.
  • No further action on a plan; the waivers enable the site plan to proceed through the TRC.

Key Outcomes

  • Minutes: Approved unanimously (5‑0).
  • Ponderosa Cottages: Sidewalk waiver denied (5‑0); all other waivers granted (each 5‑0); preliminary plan conditionally approved (5‑0) with the addition of the sidewalk.
  • Rooms to Go Parking Lot: All four design adjustments approved (each 5‑0), with two conditions (auto‑turn analysis and TRC review of turning movements).
  • Next Meeting: The next regular Design Adjustment Committee meeting is scheduled for August 16, 2023.

Meeting Transcript

Yes, we may short there. So we have five minutes, you know. We'll call this meeting of the design adjustment committee to order. Before we get started, I have an intro to read. 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 committee does not consider the housing type, cost to 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. All variance requests require a four-fifths vote of the committee to grant the variance. Appeals of design adjustment committee decisions are to the Superior Court. 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 exparte communication about the matter, please disclose that information to determine if a recusal is necessary. When a witness comes forward to give testimony, please come to the podium, state your name and address to the record, and speak clearly. At this time, staff will administer oath for all individuals who intend to provide witness testimony. If I could have all staff applicants, member of the public, please stand up and raise your right hand. Do you the swear that the testimony you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. The first item on the agenda is the minutes. Everybody had a chance to look over the minutes, and if so. I'd make a motion to approve the minutes. Okay. I'll second. And all in favor of approval? Aye. Aye. Opposed? Okay. All right. The first item on the agenda is the Ponderosa cottages. Is there a staff presentation? Thank you, Chairman. Good afternoon. The following testimony pertains to case DAC-1-723 for approximately 1.966 acres of property located at 525 Ponderosa Lane. The site is located south of Westchester Road and at the terminus of Ponderosa Lane. The applicant is requesting design adjustments for the minimum standards for a local street, street design, and maximum cul-de-sac length, in order to develop a six-lot residential subdivision. The property is currently zoned, R15, moderate density single dwelling district. However, the applicant is seeking a rezoning to R5 CD, medium density mixed residential conditional district. The property is currently developed with a single family detached dwelling. A six-inch water main and eight inch sewer main exist in Westchester Road right-of-way. The site is currently developed with approximately 1,250 square feet of impervious, approximately 1.4% of the site. The proposed impervious will occupy 17,500 square feet of impervious or 20.1% of the site. All proposed streets shall install five foot wide sidewalks on both sides of the street. The applicant proposes no sidewalk on the western side of the proposed extension of Ponderosa Lane and an adjustment is required. All proposed local streets shall be centered in a street cross section within 40 feet of right-of-way. The applicant proposes a street cross section within a 50-foot right-of-way to be centered in the eastern 40 feet, and an adjustment is required. The technical standards further suggests specifies minimum and maximum street design standards, including the tangent length between horizontal curves, shall be a minimum of 100 feet. The applicant proposes a minimum tangent length of 80 feet, and therefore an adjustment is required. Length of a cul-de-sac shall be a maximum of 500 feet. The applicant proposes a maximum length of 650 feet, therefore an adjustment is required. That concludes staff's presentation. Any questions?

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