Design Adjustment Committee Meeting - March 20, 2024
Design Adjustment Committee Meeting - March 20, 2024
The Design Adjustment Committee of the City of Wilmington met on Wednesday, March 20, 2024, at 1:30 p.m. in City Council Chambers. The meeting included approval of minutes, a request for continuance for the Abberly at Wilmington project, and a public hearing and vote on design adjustments for the Beyond Basics CDMU project.
Consent Calendar
- Approval of Minutes (January 17, 2024): The minutes were approved as amended to correct references to Chairman Gordon who was not present. The motion passed unanimously (5-0).
Discussion Items
- Abberly at Wilmington – Request for Continuance: The applicant, represented by Richard Collier with McKim & Creed, requested a continuance to April 17, 2024, to finalize an access easement agreement for the rear drive aisle. The committee moved the item to the top of the agenda and approved the continuance unanimously (5-0).
- Beyond Basics CDMU – Request for Design Adjustments: The applicant, Cindee Wolf with Design Solutions, requested a waiver from the requirement for sidewalks on both sides of a local street along Garden Avenue (a 45-foot unimproved right-of-way) for a proposed commercial district mixed-use development at 1124 Floral Parkway. The site is currently an office/institutional conditional district with a parking lot; the applicant proposes rezoning to a new O&I(CD) for a three-unit residential and 2,000 sq ft commercial building. Staff recommended conditions including sidewalks. The committee discussed the justification, noting the dead-end nature of Garden Avenue and existing pedestrian connections through private property. Committee members expressed concern about eliminating sidewalks entirely but agreed to waive the sidewalk on the north side due to existing vegetation and a private sidewalk connection, while requiring a sidewalk on the south side to serve the development and allow future connectivity.
Key Outcomes
- Abberly at Wilmington: Approved continuance to April 17, 2024 (5-0).
- Beyond Basics CDMU – Design Adjustment: Approved (5-0) with a condition that a sidewalk be installed on the south side of Garden Avenue from Floral Parkway to the driveway of the proposed development. The sidewalk on the north side was waived.
- Beyond Basics CDMU – Preliminary Plan: Approved (5-0) with the same sidewalk condition and the standard conditions recommended by staff (compliance with Land Development Code, technical approval by TRC, etc.).
- Next Meeting: The next regular meeting is scheduled for April 17, 2024.
Meeting Transcript
I'm going to call the design adjustment committee meeting 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 deviation 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. 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 and the ordinance and based upon 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 in 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 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 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 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 all individuals who intend to provide witness testimony. If I could have all staff applicants and members of the public who wish to speak this afternoon, please stand up and raise your right hand. Do you swear that the testament you're about to give is the truth, the whole truth, and nothing but the truth? Thank you. Our first uh item of business is the approval of the minutes. Has everyone had a chance to review the minutes and are there any corrections? Chairman, I'll just make note of two corrections to the you were referenced in that document. Um, just to you were not present at the last meeting, so just replacing your name with my name as the changes have been noted. Thank you. I will make a motion to approve the minutes with the noted corrections. Second. All in favor say aye. Aye. Opposed? Carries. Brings us to our business. Um I believe we are going to have a continuance, so I am gonna make a motion to move the second item, Aberley at Wilmington, to the number one to address that continuance first. I we do have to vote on that. I'll make a motion to approve the or to adjust the agenda. I'll second. All in favor say aye. Aye. Aye. Opposed? Okay. So Aberley at Wilmington. Good afternoon, gentlemen. How are you doing today? I'm Richard Collier with McKimmond Creed representing uh Aberley at Abberley Landing is actually the name now. We are working with the adjacent properties on an access easement for the rear uh rear drive aisle, which is one of our items up on the the uh your agenda today. Um there's some errors situation, so we felt it would be better to postpone or continue until next month to work that out prior to coming before the DAC. Understood. Anyone have any questions, Mr.
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