Design Adjustment Committee Meeting - December 13, 2023
Design Adjustment Committee Meeting - December 13, 2023
The Wilmington Design Adjustment Committee met on December 13, 2023 at 1:33 p.m. in City Council Chambers. The committee considered two design adjustment requests: a continuation for a non-standard right-of-way at 4201 Maple Avenue and a new request for a parking expansion at 1011 Ashes Drive (MegaCorp Logistics). The meeting adjourned at 3:08 p.m.
Consent Calendar
- Approval of Minutes (November 15, 2023): The minutes were approved as amended (correcting the spelling of the applicant's last name from "Minus" to "Menius") by a unanimous 5-0 vote.
Public Comments & Testimony
- 4201 Maple Avenue: Mr. John Thuerson, a neighboring property owner, spoke in favor of preserving the existing live oak tree and expressed concerns about drainage and increased traffic on 43rd Street. He requested a narrow roadway and questioned the need for sidewalks given the dead-end nature of the street.
- MegaCorp Logistics: Mr. Charles Roy, representing the applicant, spoke during the public hearing to ask about phasing of the parking lot and to emphasize the existing parking shortage, noting that employees currently park on side roads.
Discussion Items
- 4201 Maple Avenue (Old Business): The applicant, Luke Menius of Stroud Engineering, presented revised plans that reduced the requested adjustments from four to two, removing requests regarding tangent length and residential driveway standards. The key issue centered on whether to preserve two live oak trees (21-inch and 22-inch diameter) located within the right-of-way. The city arborist, Aaron Reese, testified that both trees were in good health and could potentially be saved if the road was designed with minimal cut and vertical clearance was maintained. Mr. Menius argued against requiring sidewalks, stating that a 5-foot sidewalk would preclude street tree plantings and that the dead-end street could function safely without pedestrian infrastructure. Committee members discussed the value of trees versus sidewalks and debated reverting to a previous alignment that preserved the trees. Vice-Chair Vielkanowitz suggested a compromise: street trees on one side and a sidewalk on the other to provide future pedestrian connectivity. After discussion, the committee approved a motion that included a conditional sidewalk requirement.
- MegaCorp Logistics (New Business): The applicant, Shane Lippard of Right Angle Engineering, requested a design adjustment for a private driveway length of 1,280 feet (exceeding the 500-foot maximum) to develop a parking lot for MegaCorp Logistics. The site is landlocked and has topographic constraints. A previous request was denied in October 2023. The revised plan included future stub-out connections to adjacent properties and an emergency vehicle access point to the northeast. Committee members expressed concerns about the number of proposed parking spaces (approximately 285), the lack of formalized emergency access, and the need for pedestrian connectivity. After a recess to discuss procedural options, the committee approved a conditional motion that allowed the lower portion of the parking lot (closer to Ashes Drive) unconditionally, but required vehicular and pedestrian connections to adjacent properties and improved circulation (no dead ends) before the northern "Phase 2" could be constructed.
- 2024 Meeting Dates and Submission Deadlines: Staff presented the proposed calendar, with a correction to the January meeting date (January 17, 2024). The June and December meetings were moved to the second Wednesday due to holiday conflicts. The calendar was approved unanimously.
Key Outcomes
- 4201 Maple Avenue – Motion passed 5-0:
- Approval of waiver from minimum radius of roadway edge at corners (35 ft to 20 ft), conditioned on providing an auto-turn analysis at TRC.
- Approval of non-standard cross-section with inverse crown.
- Approval of non-standard right-of-way width (33 ft vs. standard 40 ft).
- Conditional approval of non-standard cross-section for a local street with conditions: a 5-foot sidewalk on one side of the street (side unspecified), pavement offset no greater than shown in the November 15 meeting, and street trees on the opposite side. Vertical clearance for fire apparatus to be addressed at TRC.
- MegaCorp Logistics – Motion passed 5-0:
Conditional approval of an adjustment to allow a private driveway exceeding 500 feet (up to 1,280 feet). Construction of the northern portion ("Phase 2") shall not be approved until:
- Vehicular and pedestrian connections are provided to the property line between the subject site and adjacent properties to the north or northeast.
- Additional connections between the ends of all parking lot drive aisles are provided so that no dead ends remain.
- 2024 Meeting Calendar – Motion passed 5-0: Approved as amended.
Meeting Transcript
Call the meeting of the design adjustment committee to order. Before we get started, I have 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 specification manual, building and design material standards and subdivision standards. The 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. That means it's like a court hearing, and the committee's decisions are constrained by the standards in the ordinance and based on the facts presented. All variance requests require four fifths vote of the committee to grant the variance. Appeals of committee decisions are to 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 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 members may ask questions. If anyone wishes to provide evidence at today's hearing, witnesses must sign in on the clipboard at 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 all individuals who intend to provide witness testimony. If I can have all staff applicants and anyone in the audience that wishes to speak this afternoon, to please stand up and raise your right hand. Please note that if you're not sworn in, you must be sworn in prior to speaking. Thank you. Do you swear that the testimony you're about to give us the truth, the whole truth, and nothing but the truth? Thank you. First item on the agenda is approval of the minutes from November. Any comments on the minutes? I I guess I only I did have one minor comment. I think the applicant for the Maple Avenue Luke Meanis is spelled M I N. I think it's supposed to be M E N various spots. Minor change. Second. All in favor say aye. Aye. Posed? Motion carries. First item today is uh 4201 Maple Avenue. Continued from the last meeting. Thank you, Mr. Chair, members of the uh committee. Um yes, this is a continuation from the November 15th DAC meeting. Um, 4201 Maple Avenue is the uh case in question here. Just a refresher here is the subject property with the undeveloped portion of Maple Avenue. Um the applicant has revised their plans based on discussions at the last meeting, um, and they are requesting for uh a design adjustment from the minimum standards for a minor street and a minimum quarter radius of a roadway. Um your case summary has been updated uh to reflect these changes. Um there were uh originally four uh separate adjustments requested, and that's been narrowed down to two. Um the relief uh from the minimum tangent length for a roadway has been removed along with the um the standards for the residential driveways. Um, that waiver request has been removed as well. Um your screen is the revised plan uh submitted by the applicant showing the proposed uh Maple Avenue right-of-way now showing uh 20 foot and total pavement width. Um I also have uh for your reference some detailed uh plans of the cross sections, uh, the proposed tree removal, which was discussed at the last meeting. Um, and here is the previous site plan with the uh requested adjustments that was uh provided at the last meeting as well. Um just to back up a little bit, just um again wanted to hit on the fact that um this is a non-standard minor street cross section, um, and they are providing access uh to 4201 Maple Avenue from 43rd Street. The applicant again is proposing that 20-foot uh radius at the roadway edge rather than 35 feet.
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