City of Wilmington Design Adjustment Committee Meeting - October 16, 2024

The Design Adjustment Committee met on Wednesday, October 16, 2024, at 1:30 p.m., was called to order at 1:32 p.m., and adjourned at 3:14 p.m. The committee approved one set of minutes, two design adjustments under old business, and three requests plus a preliminary plan under new business. All substantive motions passed 5-0; the minutes approval passed 4-0 with one abstention. Note a location discrepancy: the agenda lists Skyline Center, 929 North Front Street, while the minutes state City Council Chambers, 102 N. 3rd St., 2nd floor.

Consent Calendar

• Approval of the September 18, 2024 meeting minutes passed 4-0. Ms. Painter abstained because she was not present at the September meeting.

Public Comments & Testimony

• Circle K, 3803 Peachtree Avenue, and Fales Landing: no public speakers appeared.
• 3990 Independence Blvd.: Malcolm Pharr of 465 Hollins Road, Southgate, expressed concern about existing drainage and flooding in the area. He asked for adequate retention ponds and drainage improvements so the new development would not cause Southgate to flood.

Discussion Items

Old Business: Circle K - Market Street (DAC-2-924)

• This continued request sought relief from the standard driveway width for a convenience store with fuel pumps on a 1.39-acre vacant site at 4500 Market Street, zoned RB Regional Business.
• The applicant revised the proposed right-in/right-out driveway on South Kerr Avenue from 45 feet to 40 feet; the city standard maximum width is 30 feet.
• Applicant representative Amy Schaefer and engineer Jacob Dooley stated that auto-turn modeling showed a narrower driveway would not work for the trucks that need to access the site. Vice-Chair Vielkanowitz questioned whether unused width remained in the turn analysis; Captain Elrod said a narrower driveway could force trucks into adjacent lanes on South Kerr Avenue.
• The committee approved the 40-foot width 5-0 with a condition that the sidewalk be aligned at the narrowest point of the proposed driveway.

New Business: 3990 Independence Blvd. (DAC-3-1024)

• The applicant requested three design adjustments for a proposed 580-unit residential development on 60.9 acres, currently zoned MD-17 and IND, with a proposed MD-17 CD rezoning.
• Adjustments requested: (1) non-standard residential collector street cross sections with variable right-of-way widths of 48, 64, and 77 feet and pavement widths from 22 to 38 feet; (2) private driveway lengths exceeding the 500-foot maximum, with a maximum around 935 feet; and (3) a cul-de-sac length of 1,945 feet versus the 500-foot standard.
• Applicant Cindee Wolf stated that New Hanover County owns the property and Northwood Raven would be the developer. She said the design matches draft city technical standards, preserves wetlands, provides traffic calming, and uses temporary turnarounds until future street extensions are possible.
• The committee discussed the lack of road stubs from adjacent projects, wetlands, stormwater pond placement, street tree soil volume, and the proposed 2-foot plaza widths in some sections.
• Adjustment 1 was approved 5-0 with a condition that the applicant demonstrate to the Technical Review Committee that adequate soil volume is provided for street trees located within the 2-foot-wide plaza. Adjustment 2 was approved 5-0 based on site constraints and good internal circulation. Adjustment 3 was approved 5-0 based on adequate internal connectivity and turnarounds. The preliminary plan was conditionally approved 5-0 with staff-recommended conditions.
• Note: the minutes contain an apparent typo listing this project at 4500 Market Street; the agenda and testimony consistently state 3990 Independence Blvd.

New Business: 3803 Peachtree Avenue - Midtown Flats (DAC-4-1024)

• The applicant requested a payment in lieu of open space for a 34-unit multi-dwelling project on a 0.99-acre site zoned MD-17. The required open space is 20% of the lot, or 8,610 square feet; the project proposed 6,350 square feet, leaving a 2,260-square-foot shortage.
• Based on the New Hanover County tax value of $340,400, the rate is $7.89 per square foot, producing a proposed payment of $17,831.40.
• Applicant Howard Resnick cited tree preservation, the narrow lot, open-space width restrictions, and parking constraints. He noted the site is close to the Cross City Trail and Empie Park, about one-third of a mile away. Staff confirmed the project provides the minimum parking of 46 spaces and receives a density bonus for affordable housing.
• Ms. Painter disclosed an email discussion with city staff about whether the payment could be used for Empie Park improvements.
• The request was approved 5-0 with conditions that the fee be paid prior to final zoning approval and that staff may require an additional payment or reduction at $7.89 per square foot if the plan changes. The transcript also indicates an accepted condition that the funds be used for Empie Park or Cross City Trail connectivity; the adopted minutes list only the first two conditions.

New Business: Fales Landing (DAC-5-1024)

• The applicant requested relief from minor street improvement standards for roadway improvements adjacent to a 10.09-acre subdivision at 8055 Masonboro Sound Road, zoned R-15.
• The request concerned Seabreeze Boulevard, a city-maintained gravel road approximately 31 to 40 feet wide. The applicant sought to avoid paving a roughly 400-foot section, instead proposing grading, ABC stone, gravel, and drainage improvements, with no sidewalks, curb, or gutter.
• Applicant Amy Schaefer said lots 6 and 7 would not access Seabreeze or Benton Avenue due to an agreement with Oyster Bay, and that paving Seabreeze was unnecessary because it has no sidewalks, connections, or redevelopment plans. Committee members debated gravel erosion and runoff concerns versus utility preference for gravel access.
• The waiver was approved 5-0 with a condition requiring a payment in lieu of sidewalk installation; the Technical Review Committee will calculate the amount based on frontage.

Key Outcomes

• Approved September 18, 2024 minutes, 4-0, with one abstention.
• Approved Circle K driveway width adjustment, 5-0, with sidewalk alignment condition.
• Approved all three 3990 Independence Blvd. adjustments and the preliminary plan, each 5-0, with conditions including street tree soil volume demonstration.
• Approved Midtown Flats payment in lieu of open space, 5-0, with payment and adjustment-rate conditions plus the additional Empie Park/Cross City Trail use condition reflected in the transcript.
• Approved Fales Landing minor street waiver, 5-0, with payment in lieu of sidewalk installation.
• Meeting adjourned at 3:14 p.m.