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JANUARY 2000

Venezky Ordinances

New Castle County Councilperson Karen Venezky has introduced two ordinances which, if approved, would have a negative impact on economic development in New Castle County. Ordinance No. 99-146 would amend the Unified Development Code (UDC) to require transportation capacity analyses and traffic impact studies for minor subdivision or land development plans. Currently these requirements apply only to rezonings and major subdivision or land development plans. This requirement would add a substantial impediment and major expense to minor expansions to businesses throughout New Castle County. Both small and large businesses would no longer be able to move quickly through the approval process for minor expansions if they get caught up in the traffic capacity analysis and traffic impact study requirements. In addition, even a minor plan, with minor impact, would get caught in the UDC's unforgiving Level of Service (LOS) requirement which would mean that, where there is a failing intersection within the project's "area of influence," the project could not proceed.

Councilperson Venezky's second problem ordinance, Ord. 99-151, would, among other things, sweep up everyone doing business with an applicant when the General Manager of the Department of Land Use believes there is a Code violation at a particular site. Ordinance 99-151 states: "The General Manager, or his or her designee, may refuse to grant any further building permits or certificates of occupancy to the applicant, or any agent or subcontractor of the applicant, or to any corporation, partnership, joint venture, or other legal entity with which the applicant is associated, until all Code violations have been corrected." In addition, if the General Manager issues a Stop Work Order, he "may also place a Stop Work Order on all other work being performed by such person." Any person violating the provision of the UDC, or repairing or constructing anything except in exact compliance with an approved plan, is subject to all the enforcement provisions of the ordinance, including criminal enforcement and a penalty of $500 for each day that a violation continues.

These bills appear to be on a fast track, as they are scheduled for the Planning Board's Hearing on February 1st.

Plans For The Blue Ball Land

While all of the media attention has been focused on the transportation plans on the State-acquired Blue Ball land, the new road network is only half the story. It is an important half, as the new transportation network will not only provide additional capacity to accommodate the AstraZeneca and DuPont expansions, but also, to handle the considerable traffic increase that will come to the area during the next ten years even without the AZ or DuPont expansions. Community opposition to development–any development–in the area has stymied needed road improvements until the package deal that landed the AZ jobs, provided the community major open space, and facilitated the long-needed road improvements.

To provide input on both the transportation improvements and the development of the newly-acquired parkland, both a Transportation Technical Committee and a Recreation and Historic Preservation Technical Committee were appointed, with wide representation from the community, preservationists, environmentalists, and some business representatives. The Transportation Committee, which recently made its recommendation to the Policy Committee has received the media attention. It reviewed over 200 various transportation options, discarded what didn't work and what wasn't acceptable to the community, argued over the remaining options, and made a final consensus recommendation to the Policy Committee. The Policy Committee, made up of legislators and councilpersons from the area, passed on to the Governor and County Executive all The Committee recommendations except the Augustine-Cut Off partial connection to 202 because of safety considerations.

During the same period that the Transportation Committee was meeting bi-weekly and then weekly to complete its work by the first week in January, the Recreation and Historic Preservation Technical Committee was meeting nearly as often. This second half of the story is the plan for historic preservation and recreation on the State-acquired Blue Ball land. The Committee reached consensus that the State parklands on the West Side of Rt. 202 should be devoted primarily to passive recreation and habitat enhancement, along with adaptive reuse of the historic structures such as the Blue Ball Barn, the Bird Husbands House, and the Murphy House. The West Side will also be used to address stormwater currently feeding into Alapocas Run together with future runoff from AstraZeneca , Transportation, and Park development. The goal is to merge the uses in an aesthetically pleasing way coupled with hiking trails through wet and dry habitats.

The parcel on the East Side of Rt. Rt. 202 will be developed as an active recreation complex that includes a driving range; four multiple-use fields that support soccer, field hockey, and lacrosse; a children's playground; a "dog park" area; and amenities such as a small shelter and restrooms. A primary goal of providing stormwater management has been married to the goal of increasing Rock Manor Golf Course to a 6,500-yard course by incorporating the stormwater management as an amenity to the course. Traversing both the East and West parcels will be a greenway trail that will pass under Rt 202 along with a connecting roadway.

Yet to be worked out are not only the actual design of the recreation complex, but also, the responsibility for construction and management of the park features. The dollars currently allocated by the State are for purchase of the land, transportation improvements, and construction of the greenway. Renovation of historic buildings for adaptive reuse and construction of the recreational facilities are not yet funded. The State, County and City must determine who will pay for the improvements and who will manage the facilities. The Technical Committee will continue to meet and provide input into the actual design of the parkland.

Our Email Address Is COM100@DCA.NET. What's Yours?

Venee receives general email to The Committee of 100 at comm100@dca.net ; Beverley's email address is bbaxter@dca.net. We are adding email to our membership data. We now receive that information from all new members and we have it for some of you with whom we actively communicate via email; we don't have it for those of you who have been around for a while and haven't yet let us know your new mode of communication. Please let Venee know your email address so we can all get properly connected in this new millennium.

Accountability Bill

Senate Bill 260, with Senate Amendments 1, 2, 4, 5 and 7 passed the Senate its first day of the 2000 session of the General Assembly. The amendments correct some of the most egregious problems with the bill and bring it closer to last year's compromise bill. The Professional Development and Educator Accountability Act of 2000, as amended, though not perfect (especially in its multiple diplomas), moves Delaware forward in our path of Education Reform. The goal now is to have the House pass the bill without modifying it in a way that would either stymie education reform or cause stakeholders or the Senate to balk.

Beverley Baxter