Design Adjustment Committee Meeting - September 18, 2024
Design Adjustment Committee Meeting - September 18, 2024
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.
Consent Calendar
- Approval of Minutes – July 17, 2024: Moved by Travis Henley, seconded by Denys Vielkanowitz, carried unanimously 5-0.
Public Comments & Testimony
- No public speakers for either agenda item.
Discussion Items
Abberly at Wilmington (Old Business)
- Staff Planner Patrick O'Mahony presented the request for three design adjustments for a 253-unit apartment complex on 19.21 acres near Alexander and Market Streets. The applicant seeks annexation and MD-17(CD) zoning.
- Applicant Richard Collier (McKim & Creed, representing developer HH Hunt) explained the site constraints: no legal access to the adjacent private street (Alexander Place), heavy tree preservation on the front half of the site, and topographic limitations. He requested relief from:
- Maximum private driveway length (500 ft) – proposed >1500 ft.
- Maximum distance to a public street for developments with >50 units – furthest building >800 ft.
- Minimum driveway width at property line (23 ft) – proposed 21 ft (northern entrance).
- Committee discussion focused on internal circulation, tree preservation, emergency access (gates with keypad, Knox box, siren activation), and the ability to widen the northern driveway. The committee noted that requiring a public street would offer no public benefit given surrounding private roads.
- Three separate motions were made, each passed 5-0:
- Relief from max driveway length – approved due to good internal circulation and tree preservation. Condition: ensure full emergency vehicle access (keypad, Knox override, siren activation).
- Relief from max distance to public street – approved due to absence of adjacent public streets and site constraints.
- Relief from min driveway width – approved with encouragement to maximize width during formal design; temporary approval for 21 ft with 6-inch ribbon curb.
Circle K – Market Street (New Business)
- Staff Planner Zac Smith presented two design adjustments for a convenience store with fuel pumps on a 1.39-acre corner lot at 4500 Market Street (RB District).
- Applicant Amy Schaefer (Lee Kaess) and engineer Jacob Dooley (Timmons Group) presented. Adjustments requested:
- Driveway offset from intersection: Required 230 ft corner clearance; proposed 185 ft (closing an existing full-access driveway closer to the intersection, creating a right-in/right-out on S. Kerr Ave).
- Driveway width: Required max 30 ft; proposed 45 ft to accommodate WB50 fuel delivery trucks.
- Discussion: NCDOT conceptually approved the plan. Committee supported the driveway location but expressed concern about a 50% width increase. They suggested using city standard flares and auto-turn analysis to potentially reduce the width to 40 ft or less.
- First motion: Approve the driveway offset adjustment (chairman cited increased distance from signalized intersection and lot frontage constraints). Passed 5-0.
- Second motion: To continue the driveway width request to the October 16, 2024 meeting for additional auto-turn analysis with a narrower driveway and city standard apron. Passed 5-0. Applicant agreed to continuance.
Key Outcomes
- Abberly at Wilmington: All three design adjustments approved 5-0, with conditions on emergency access and width optimization.
- Circle K – Market Street: Driveway offset adjustment approved 5-0; driveway width adjustment continued to October 16, 2024 (5-0).
- Meeting adjourned at 2:24 p.m.
Meeting Transcript
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.
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