Design Adjustment Committee Meeting – June 12, 2024
Design Adjustment Committee Meeting – June 12, 2024
The Design Adjustment Committee of Wilmington, NC met on Wednesday, June 12, 2024, at 1:45 p.m. (originally scheduled for 1:30 p.m.) in City Council Chambers at 102 North 3rd Street. The meeting was called to order by Vice-Chair Denys Vielkanowitz with a quorum present. The committee considered two agenda items: a continuance request for the Abberly at Wilmington development and a design adjustment request from Riverlights for a road connection. No public comments were received on either item. The meeting adjourned at 2:02 p.m.
Consent Calendar
- Approval of Minutes (May 15, 2024): The minutes of the previous meeting were presented and approved unanimously (5-0) by the committee.
Old Business
- Abberly at Wilmington (DAC-13-324): The applicant, Tyler J. Womble with HH Hunt, requested a continuance of the design adjustment request for a multiple dwelling development at Alexander and Market Street. The continuance was granted to a date undetermined, with the understanding that the item would be readvertised when brought back. The motion to continue passed 5-0.
New Business
- Riverlights Conventional Subdivisions Phases 5 & 7 Road Connection (DAC-14-624): The applicant, Kathryn Espinoza with McKim & Creed (representing the property owner Nick Cassella of Brookville Properties), requested a design adjustment to eliminate the required five-foot sidewalk on the west side of Folklore Way due to wetland constraints. The staff presentation by Brian Chambers noted the road connection is part of an approved preliminary plan and that the adjustment only affects the western sidewalk; pedestrian crosswalks at intersections and a mid-block crossing were proposed. During the hearing, Nick Cassella confirmed the wetland constraint had been recognized for some time and that the proposed solution aimed to minimize wetland impact while maintaining pedestrian connectivity.
Committee Discussion and Vote
Vice-Chair Vielkanowitz raised safety concerns about the mid-block crossing across a 25-foot-wide asphalt roadway and suggested an enhanced crossing with bump-outs to narrow the pavement to 20 feet. The applicant agreed to that condition. Captain Chris Elrod noted that the fire department would not support an elevated crosswalk (e.g., a speed hump) but supported the enhanced crossing. There were no public comments. The committee voted to approve the design adjustment (allowing sidewalk on only one side) with the condition that an enhanced mid-block crossing (reduced pavement width and bump-outs) be reviewed and approved at the Technical Review Committee (TRC) level. The motion passed 5-0.
Key Outcomes
- Abberly at Wilmington: Continued to a date uncertain (motion carried 5-0).
- Riverlights Road Connection: Conditionally approved (5-0). The committee approved the design adjustment for a single-sided sidewalk and also approved the preliminary plan modification with the same condition. The enhanced mid-block crossing (20-foot pavement with bump-outs) will be finalized through the TRC process. All other city, state, and federal regulations apply.
- Next Meeting: The next regular Design Adjustment Committee meeting is scheduled for July 17, 2024.
Meeting Transcript
I think it's a key part of the screen. So they make sense of the first data. Yeah, I think that's a good thing. Yeah, yeah. What did it work with? We'll bring the meeting of the design adjustment committee to order. First, I need to read an introductory statement. The DAC's purpose is to establish clear and measurable review criteria for the consideration of major deviations from the city's tech standards and specifications. The DAC does not consider housing type, cost of the proposed unit, occupants of the occupants, the building material, unit size, number of bedrooms, or the architectural design of the structures. These hearings are quasi-judicial evidentiary hearings. This means it's like a court hearing, and the committee's decisions are constrained by the standards and the ordinance and based on the facts presented. All variance requests require a four-fifths vote of the committee to grant the variance. Appeals to the DAC or appeals of the DAC decisions are to the superior court. A written notice of appeal must be filed with the clerk within 30 days of the DAC's decision. Appeals are set for hearing before the superior uh before superior court within 30 days or as soon as thereafter practical. The parties to these cases are entitled to an impartial board. If a board member has a fixed opinion about a matter, a financial interest in the outcome, a close relationship with an affected person, or as 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 DAC and the DAC members may ask questions. The applicant may present additional information about the project, and the members may ask questions of the applicant. 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 an oath to 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 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. Thank you. All right. The first order of business is to approve the previous meeting minutes. Are there any comments or corrections to the previous meeting minutes? And if not, is there a motion to approve the minutes? I'll make a motion. All right. All right. Thank you. Um all in favor say aye. Aye. Any opposed? All right. Minutes are approved. So on to the agenda. Um item one of the agenda is old business. Um titled uh Aberley at Wilmington, and it'll be introduced by staff. Yes. Uh Mr. Chair, they are the applicant is requesting a continuance of this item uh not to a date certain, so it will be readvertised and brought back for before the committee. All right, thank you. I guess to allow the continuance it needs to be voted on by the board. Yes, sir.
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