The Design Adjustment Committee met on September 18, 2024 at 1:30 p.m. in the City Council Chambers to consider two items: design adjustments for the Abberly at Wilmington multi-dwelling development (Old Business) and for a Circle K retail fuel station at 4500 Market Street (New Business). The committee approved three adjustments for Abberly, approved one adjustment for Circle K, and continued a second Circle K adjustment to the October 16, 2024 meeting. No members of the public provided testimony.
Call this meeting of the design adjustment committee to order. 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 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 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 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 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. At this time, staff will administer oath for all individuals who intend to provide witness testimony. If I could have all staff applicants and any members of the public who are here to speak this afternoon, please stand, 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. First item on the agenda is approval of the minutes. Has everyone had a chance to read the minutes? And if so, do I have a motion? So moved. Motion from Travis. Second. Second. All in favor say of approval of the minutes, say aye. Aye. Opposed. Minutes are approved. The first item of business is Aberley at Wilmington. Is there a staff presentation? Good afternoon. Thank you, Mr. Chair. Uh members of the committee. This site is located along Alexander Road. It is located at the addresses between 7725 and 7753. It contains approximately 19.21 acres. Currently, this site is located within New Hanover County's jurisdiction. The applicant is also requesting an annexation into the city, which also entails a conditional district rezoning request to establish an initial zoning for the property. They are requesting an MD 17 CD, multi-dwelling zoning district for this project. Specifically, this project is requesting three design adjustments from the technical standards. They include the relief from the maximum length of a private driveway, relief from the maximum distance to a public street for multi-dwelling development containing more than 50 units, and relief from the minimum driveway width at the property line. Again, the site is being proposed to be annexed into the city. It is for a 253 unit apartment development or multi-dwelling development known as Aberley at Wilmington. The applicant is proposing two access points, which are shown on your screen along Alexander Road. They're also proposing an emergency ingress egress at Alexander Place. At this time, there is no legal access to Alexander Place that has been granted by the adjacent neighborhood.