OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Design Adjustment Committee Meeting: August 16, 2023 – Willows Apartments & Kennedy Automotive

Board of AdjustmentWednesday, August 16, 2023
BodyWilmington, North Carolina
SessionBoard of Adjustment
DateWednesday, August 16, 2023
StatusFILED
Video Record
0:00 / 1:07:15

Transcript — Verbatim
2:38

Call the meeting of the design adjustment committee to order.

2:41

Um before we get started, I need to read a brief introduction.

2:48

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.

2:58

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.

3:26

Appeals of committee decisions are to the superior court.

3:33

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.

4:21

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

4:37

Is it the truth, the whole truth and nothing but the truth?

4:41

Thank you.

5:00

Uh the third paragraph on that page, it says Miss Smith uh said that the applicant requested relief from the minimum driveway offset.

5:09

That it's I think that information just needs to be stricken from and it doesn't represent what was the chart immediately following describes what was discussed.

5:20

So the whole pair the whole paragraph or just two like property line.

5:26

So Ms.

5:26

Smith said the applicant has requested relief from the minimum driveway offset from the adjacent property line.

5:31

Just strike that one sentence.

5:33

I think so.

5:34

Okay.

5:35

However, however, that's been noted.

5:38

And we'll be adjustments will be made.

5:41

Thank you.

5:42

Okay.

5:47

With that, I'll make a motion to approve the minutes with the adjustment that Dennis mentioned.

5:56

Second.

5:57

Second.

5:58

All in favor say aye.

6:00

Aye.

6:00

Aye.

6:01

Opposed.

6:02

Minutes are approved as adjusted.

6:09

First item is the item number one.

6:12

Is there a staff presentation?

6:24

Good afternoon, Mr.

6:25

Chair, members of the committee.

6:27

Um this site includes four parcels totaling 7.7 acres currently zoned R15.

6:33

The applicant is requesting the site be rezoned to an MD 17 conditional district for a 225 unit multiple dwelling residential development.

6:43

The applicant proposes to construct a new residential collector street off Carolina Beach Road that would provide access to the project, and this street would stub to the eastern property line to allow a future road connection to the Barclay West development.

6:55

The applicant processes construct a private drive within the project that would end at the southern property line to allow for a future road connection from this location to the south if and when that site redevelops.

7:23

The applicant proposes a non-standard cross section and a waiver is required.

7:37

A waiver is required.

7:39

And then finally, the tech standards stipulate the maximum length of a private drive, be no more than 500 feet, and the applicant proposes a private drive in excess of 500 feet and a waiver is required.

7:50

And I do have uh the table that's included in your staff report for reference.

7:54

If if you have questions about the specific specifics of those requests, uh I'm happy to answer any questions you have, and the applicant is prepared to make a presentation as well.

8:04

I I did have one question.

8:06

Um if the road that is being proposed is stubbed for a future connection, is it really considered a cul-de-sac street?

8:17

Until that connection is made, it is a cul-de-sac street.

8:22

Okay.

8:24

Okay.

8:26

I think in other situations where this has come up, there's been maybe a temporary turnaround put in place or some kind of easement that allows for the turnaround to occur for fire apparatus and emergency response vehicles, knowing that eventually that that connection will be made.

8:39

Um so it's a little different than any standard call-de-sac.

8:43

Sure.

8:44

Okay.

8:46

Thank you.

8:47

The only question I've got, Brian, I see on the item number one it says a proposed five-foot sidewalk on one side.

8:55

But in the in their documents that they presented, I saw a six-foot sidewalk.

9:00

Is there you know if there's clarification?

9:02

I'd have to review the if I if I made a mistake here, I have to review the documents to see, and the applicant can clarify what that is.

9:08

Okay, thank you.

9:12

Um we can go through this later, but I had two questions.

9:18

One regarding the minimum parking.

9:21

Um I'm seeing on their site plan that they've got.

Discussion Breakdown — Share of Meeting
Engineering And Infrastructure███████████████████████████████████████39%
Zoning And Land Use████████████████████████████████████36%
Public Safety█████████9%
Parking Management███████7%
Procedural█████5%
Fire Safety███3%
Transportation Safety1%
Summary of Proceedings

Design Adjustment Committee Meeting – August 16, 2023

The Wilmington Design Adjustment Committee met on Wednesday, August 16, 2023, at 1:30 p.m. in City Council Chambers, Skyline Center, to consider design adjustment requests for two developments. The meeting was called to order by Chair Rob Gordon with a quorum present (5 members). The committee approved one set of minutes and voted on three adjustments and a preliminary plan for The Willows Apartments, and one adjustment for Kennedy Automotive. No public comments were offered.

Consent Calendar

  • Approval of Minutes – July 19, 2023: Approved 5-0 after a correction was noted (a sentence misidentifying a driveway offset request was stricken from the record).

Public Comments & Testimony

  • No members of the public spoke during either public comment period.

Discussion Items

1. The Willows Apartments (DAC-3-823)

  • Request: Preliminary plan approval and design adjustments for a 225-unit multiple-dwelling residential development at 3903–3915 Carolina Beach Road. The site (7.7 acres, zoned R-15) is proposed to be rezoned to MD-17(CD). The applicant, Allison Engebretson with Paramounte Engineering, presented the plan and justified three adjustments based on site constraints, specimen tree preservation, a right-in/right-out driveway (per an approved Traffic Impact Analysis), and future connectivity stubs to adjacent properties.
    • Adjustment 1 – Street cross-section: Requested a 50-ft right-of-way instead of 60 ft, 24-ft pavement width (vs. 29 ft), 6-ft sidewalk on one side (vs. 5-ft sidewalk plus 8-ft plaza), vertical curb, and angled parking.
    • Adjustment 2 – Cul-de-sac length: Proposed 872 ft, exceeding the 500-ft maximum, justified by the deep site (≈875 ft depth) and the need to stub for future connection.
    • Adjustment 3 – Private drive length: Proposed 1,196 ft (later corrected by staff to 696 ft beyond the 500-ft limit) to reach rear parking while preserving specimen trees.
  • Key discussion points: Committee members raised concerns about the lack of a sidewalk on the north side of Road A and pedestrian connectivity to the multi-use path. After debate, the committee conditionally approved Adjustment 1, requiring a sidewalk on the north side and pedestrian crosswalks/diagonal connections near Private Drives B and C, as determined by the Technical Review Committee (TRC). Adjustments 2 and 3 were approved based on future connectivity and tree preservation. The preliminary plan was approved with the added conditions and staff’s recommended conditions.

2. Kennedy Automotive (DAC-4-823)

  • Request: Design adjustment for a private driveway length exceeding 500 ft at 3715 Carolina Beach Road. The site (1.96 acres, zoned CS(CD)) is developed with an auto repair shop; the applicant proposes to expand uses (RV/boat storage) and add structures at the rear. Senior Planner Nicole Smith presented the request. Applicant Cindee Wolf cited physical constraints (long, narrow lot of ≈120 ft width and 750 ft depth) and noted a 50-ft rear buffer and a hammerhead turnaround for emergency vehicles, plus a stub for future connectivity. The committee approved the adjustment 5-0 based on site constraints.

Key Outcomes

  • The Willows Apartments adjustments:
    • Adjustment 3 (private drive length): Approved 5-0 (motion by Chair Gordon, seconded by Vice-Chair Vielkanowitz).
    • Adjustment 2 (cul-de-sac length): Approved 5-0 (motion by Vice-Chair Vielkanowitz, seconded by Chair Gordon).
    • Adjustment 1 (street cross-section): Approved 5-0 with condition to install a sidewalk on the north side of Road A and provide pedestrian connectivity near Private Drives B and C (motion by Chair Gordon, seconded by Mr. O’Mahony).
    • Preliminary plan: Approved 5-0 with conditions from staff and the added condition for the north sidewalk and pedestrian connectivity (motion by Chair Gordon, seconded by Captain Bentfield).
  • Kennedy Automotive adjustment (private driveway length): Approved 5-0 (motion by Mr. O’Mahony, seconded by Chair Gordon).
  • Next meeting: September 20, 2023.

Meeting Transcript

Call the meeting of the design adjustment committee to order. Um before we get started, I need to read a brief 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 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. Appeals of committee decisions are to the superior court. 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. At this time, staff will administer oath for all individuals who intend to provide witness testimony. Is it the truth, the whole truth and nothing but the truth? Thank you. Uh the third paragraph on that page, it says Miss Smith uh said that the applicant requested relief from the minimum driveway offset. That it's I think that information just needs to be stricken from and it doesn't represent what was the chart immediately following describes what was discussed. So the whole pair the whole paragraph or just two like property line. So Ms. Smith said the applicant has requested relief from the minimum driveway offset from the adjacent property line. Just strike that one sentence. I think so. Okay. However, however, that's been noted. And we'll be adjustments will be made. Thank you. Okay. With that, I'll make a motion to approve the minutes with the adjustment that Dennis mentioned. Second. Second. All in favor say aye. Aye. Aye. Opposed. Minutes are approved as adjusted. First item is the item number one. Is there a staff presentation? Good afternoon, Mr. Chair, members of the committee. Um this site includes four parcels totaling 7.7 acres currently zoned R15. The applicant is requesting the site be rezoned to an MD 17 conditional district for a 225 unit multiple dwelling residential development. The applicant proposes to construct a new residential collector street off Carolina Beach Road that would provide access to the project, and this street would stub to the eastern property line to allow a future road connection to the Barclay West development. The applicant processes construct a private drive within the project that would end at the southern property line to allow for a future road connection from this location to the south if and when that site redevelops. The applicant proposes a non-standard cross section and a waiver is required. A waiver is required. And then finally, the tech standards stipulate the maximum length of a private drive, be no more than 500 feet, and the applicant proposes a private drive in excess of 500 feet and a waiver is required. And I do have uh the table that's included in your staff report for reference. If if you have questions about the specific specifics of those requests, uh I'm happy to answer any questions you have, and the applicant is prepared to make a presentation as well. I I did have one question. Um if the road that is being proposed is stubbed for a future connection, is it really considered a cul-de-sac street? Until that connection is made, it is a cul-de-sac street. Okay. Okay. I think in other situations where this has come up, there's been maybe a temporary turnaround put in place or some kind of easement that allows for the turnaround to occur for fire apparatus and emergency response vehicles, knowing that eventually that that connection will be made. Um so it's a little different than any standard call-de-sac. Sure.

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