Design Adjustment Committee Approves Driveway Adjustments for Circle K on Dawson Street - September 20, 2023
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.
Meeting Transcript
Call the meeting to order. Um, I have to read a brief introduction before we get started. 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. The DAC 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. 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 the design adjustment committee decisions are to Superior Court. The parties to these cases are in entitled or entitled to a fair and impartial board. If a board member has a fixed opinion on the matter, a financial interest in the outcome, a close relationship with the affected person, or has had any ex parte communication about the matter. Please disclose that information to determine if a recusal is necessary. City staff will introduce the proposed project to the committee, and committee members may ask questions. The applicant may present additional information about the project, and the members may ask questions. 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 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. First item up on the agenda today is approval of the minutes. Has everyone had a chance to take a look at them? If so, any discussion? Motion to approve. I'll second. All in favor say aye. Aye. Opposed. Okay. First item is Circle K on Dawson Street. Do we have staff presentation? If I could have staff applicants and anyone else who wishes to speak today, to please stand up and 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. Good afternoon, Mr. Chair, members of the committee. It's former retail use. Um it's zoned UMX urban mixed use district, and the applicant is proposing to rezone this site to a community business conditional district to allow for another retail use with accessory fuel pumps, so a gas station. This is tenantly scheduled for October 3rd, 2023. Um this site has frontage on 17th Street, Dawson Street, and South 16th Street. Um the existing access is provided by a full access driveway on Dawson Street, and then uh two left and left out access, one on 16th and one on 17th. Uh the repository replaces the existing full access driveway along Dawson with a one-way ingress driveway along the western end of the of the property and a one-way ingress. Sorry, ingress driveway on the right turn lane and a right turn lane on the eastern side of the Austin Street frontage. Uh the driveways on the 16th and 70s, 17th streets would remain unchanged. Uh the LDC requires parking facilities to meet the ingress and egress requirements prescribed by our technical standards. The technical standards specify that a minimum corner clearance of 230 feet is required along major thoroughfares. The applicant proposes a maximum clearance that does not meet this standard and adjustment is required. And the tech standards also specify the property line offset be a minimum of 75 feet along major thoroughfares, and the applicant proposes a maximum driveway offset that does not meet this standard and adjustment is required. Um placed in front of you before the meeting were updated plans and updated uh waiver request letter. This is based on uh um amended plan uh that was provided by the applicant before um I mean after the packets went out. Uh you can see the numbers uh that are in like the red boxes, they represent the new numbers. All these numbers increased, so the waiver requests would be decreasing in these situations. This is based on a scaling error that they had in their office, and they just provide that updated information.
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