Design Adjustment Committee Meeting Summary – October 18, 2023
Design Adjustment Committee Meeting – October 18, 2023
The Design Adjustment Committee of Wilmington, NC met on Wednesday, October 18, 2023, at 1:35 p.m. in City Council Chambers to consider one new business item: a request for a design adjustment for a proposed parking expansion by MegaCorp Logistics. The committee approved the prior meeting’s minutes and denied the adjustment request unanimously.
Consent Calendar
- Approval of Minutes – September 20, 2023: The committee voted unanimously (5-0) to approve the minutes from the previous meeting.
Public Comments & Testimony
- No members of the public provided testimony or comments during the public hearing portion.
Discussion Items
- MegaCorp Logistics – Parking Expansion (1011 Ashes Drive):
- The applicant, Shane Lippard (Right Angle Engineering), requested a design adjustment from the city’s technical standard limiting private driveway length to 500 linear feet. The proposed driveway would be approximately 800 feet from Ashes Drive, and the furthest parking space would be 1,280 feet from the public way—exceeding the limit by 300 feet and 780 feet, respectively. The site is a 5-acre undeveloped parcel (zoned O&I) that is landlocked and accessed via a private drive through an adjacent MegaCorp parcel. The applicant sought approval to construct a 315-space parking lot (in addition to 236 existing spaces) to accommodate current employees (about 400) and projected growth (up to 300 more employees). The applicant noted that alternative connections to the north (Sir Tyler Drive) were explored but the property owners did not agree.
- Staff (Patrick O’Mahony) summarized the request and entered exhibits into the record.
- Committee members questioned the need for 307 additional spaces, the lack of interconnectivity, and whether the proposal met design criteria. Ms. Bonevac expressed concern that the parking expansion was excessive and did not address site constraints such as topography or natural features. Chairman Gordon acknowledged site constraints but felt the amount of parking was excessive and that a connection point would be necessary for approval. Vice-Chair Vielkanowitz noted the substantial deviation from the 500-foot limit.
- Captain Elrod raised a potential fire code issue regarding parking under high-voltage power lines crossing the site; the applicant was unaware of that code section and agreed to investigate.
- During deliberations, Ms. Bonevac opined that the request could not meet the findings of fact, particularly because there were no topographical constraints and the site layout did not provide connectivity to adjacent properties.
Key Outcomes
- Motion to Deny: Ms. Bonevac moved to deny the request for relief from the maximum private driveway length, citing failure to meet the design adjustment criteria. Vice-Chair Vielkanowitz seconded the motion.
- Vote: The motion carried 5-0, denying the design adjustment.
- Next Steps: The committee adjourned at 2:07 p.m. The next regular meeting is scheduled for November 15, 2023.
Meeting Transcript
Call the design adjustment committee meeting to order. Um before we get started, I have to read an 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 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. I mean 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 are to the Superior Court. The parties of 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, please disclose that information and 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 the members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on in 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 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 the oath for individuals who intend to provide witness testimony. If I could have staff applicants and any members of the public who wish to speak, to please stand up and raise your right hand. Do you agree 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 approval of the minutes from September from the September meeting. Has everyone had a chance to review the minutes? And if so, do I have a motion? So moved. I will second that. I didn't hear the mic, sorry. All in favor say aye of approval. Aye. Opposed? All right. So our first order business, megacorp logistics. Thank you, Mr. Chair and members of the committee. Uh this site is located adjacent to 1011 Ashes Drive, uh, contains approximately five acres and is currently vacant. Uh this property is zoned O and I, Office and Institutional Zoning District. Uh the proposal shown on your screen includes the construction of a commercial parking lot consisting of 315 parking spaces. Um there are about 236 parking spaces existing on the adjacent site, which is occupied by Mega Corp logistics. A commercial parking lot use uh is permitted within the O and I zoning district. Um there are no defined minimum or maximum parking requirements for a commercial parking lot use. Oh, sorry. The parking lot is accessed via two private driveway connections shown on your screen. Uh a portion of this parcel um is currently landlocked as well. Um the city's technical standards. If a private drive accesses a through street, the total length shall not exceed 500 linear feet. The applicant has shown a drive longer than the amount permitted in the technical standards, and therefore a waiver is required from those standards. Um I would ask that this presentation uh be included in the record in the case summary as well. That concludes my presentation. I'm having to answer any questions. We also have the applicant here as well. I had one question.
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