Design Adjustment Committee Approves Driveway Adjustments for Circle K on Dawson Street - September 20, 2023

The Wilmington Design Adjustment Committee (DAC) held a quasi-judicial hearing on Wednesday, September 20, 2023, at 1:33 p.m. (adjourned at 2:11 p.m.) in City Council Chambers. The committee considered a request from Circle K (applicant: Jacob Dooley, Timmons Group) for design adjustments to driveway standards at 1618 Dawson Street, a site zoned UMX being proposed for rezoning to CB(CD) to allow a gas station with retail. The meeting included public testimony and discussion of three waiver requests; all adjustments were approved unanimously (5-0).

Consent Calendar

• Approval of Minutes – August 16, 2023: The minutes from the regular meeting on August 16, 2023, were presented by Chair Gordon. A motion to approve was made by Mr. Vandermeyden and seconded by Chair Gordon. The motion carried unanimously (5-0).

Public Comments & Testimony

• Coburn Peterson (property owner at 915 South 17th Street): Expressed full support for the proposal, stating it would be a useful community asset. He noted the property owner to the south also supports the plan and he has heard no opposition.
• Henry Herring (pharmacist and property owner at 912 South 16th Street): Supported the development but raised strong concerns about stormwater drainage on 16th Street, which floods rapidly during rain. He urged the city to carefully evaluate drainage improvements for the site.
• Andrew Everhart (David & Associates, attorney, business across Dawson Street): Also supported the request but emphasized ongoing flooding issues in the area, particularly between the 80-foot and 74-foot marks on Dawson. He noted that current stormwater measures were inadequate during moderate to heavy rain and requested additional evaluation by the committee or TRC.

Discussion Items

Circle K on Dawson Street – Design Adjustment Requests

Staff (Brian Chambers) and applicant (Amy Schaefer, Rick Baker) presented three waiver requests related to driveway standards along Dawson Street, South 17th Street, and South 16th Street. The site has three street frontages and existing driveways.

• Waiver 1 (Dawson Street – Corner Clearance): The code requires a minimum 230-foot corner clearance along major thoroughfares; applicant proposes approximately 80 feet (western egress) and 67 feet (eastern ingress) after correcting a scaling error (original proposal was 48 and 40 feet). Justification: the lot’s 327-foot frontage cannot meet 230 feet on both sides; the proposed one-way driveways with right-turn lane were developed in coordination with WMPO and NCDOT to reduce congestion and improve safety.
• Waiver 2 (South 17th Street – Property Line Offset): Code requires 75-foot offset; existing driveway is at about 21–22 feet. Applicant seeks to keep the driveway in its current location because shifting it north would bring it closer to the signalized intersection of Dawson and 17th, conflicting with the corner clearance requirement. NCDOT expressed no objections.
• Waiver 3 (South 16th Street – Property Line Offset): Same requirement; existing driveway is offset about 74 feet. Applicant seeks to maintain the location due to an existing stormwater pond that would be reused; shifting the driveway would also conflict with the 230-foot separation from the intersection.

Discussion covered:

• Fire access: Captain Elrod confirmed the proposed driveways on Dawson would not impede emergency response; apparatus would use 16th/17th street drives.
• Pedestrian sidewalk crossing: There was debate about a crosswalk across the ingress lane on 17th Street; the applicant agreed to remove it if not required by code, but the matter was left for TRC review.
• Drainage: Chair Gordon noted that the technical review committee (TRC) will evaluate stormwater and driveway design in subsequent steps. The public’s concerns about flooding were acknowledged, and staff noted that all runoff must be contained on-site under the stormwater permit.
• Driveway design: Committee members observed that the flares on 17th and 16th streets differ; applicant stated they would bring the drives up to current code, including fire standards, but only location was at issue for these waivers.

Key Outcomes

• Motion 1 – Corner Clearance Waiver (Dawson Street): Vice-Chair Vielkanowitz moved to approve, citing that the site cannot meet the 230-foot standard due to block length, and the proposed ingress lane provides deceleration and storage out of traffic, improving safety. Seconded by Chair Gordon. Approved 5-0.
• Motion 2 – Property Line Offset Waivers (17th and 16th Streets): Vice-Chair Vielkanowitz moved to approve due to site constraints (short distance to signalized intersections and existing stormwater pond). Seconded by Captain Elrod. Approved 5-0.
• Next Steps: The project will proceed to the Planning Commission (October 3, 2023) for rezoning consideration, and then to the Technical Review Committee (TRC) for detailed review of driveway design, stormwater management, and pedestrian improvements. The DAC decisions are appealable to Superior Court.