The Committee of 100 | FYI Archives

When County Councilperson Karen Venezky introduced Ordinance 99-146, there was an immediate and strong reaction within the business community. Ord. 99-146 would change the Unified Development Code (UDC) to apply the same Traffic Impact Study (TIS) and Level of Service (LOS) requirements to minor plans that are currently applied to major plans and rezonings. That would mean that projects involving new construction under 20,000 square feet or additions up to 50,000 square feet for projects generating 50 or more peak hour trips would have the expense of preparing a TIS, would be subject to the UDC's LOS limitations, and would have the approval time extended from an average of 4-6 months (currently for minors) to 12-18 months (currently for majors)--if they could proceed at all. Minors would be subject to the uncertainty of majors and rezonings.

As a result of the outcry, Karen met with representatives from the business community and agreed to take the concerns to her Small Business Commission (SBC). Interested stakeholders joined the SBC to address the core problem: failing intersections. The group formulated an intersection improvement initiative dubbed the Intersection Campaign. With significant input from DelDOT, WILMAPCO, and the New Castle County Department of Land Use, the SBC produced a working list of failing intersections, developed criteria for prioritizing improvements, and turned the results over to WILMAPCO. WILMAPCO Executive Director Ted Matley named a Congestion Management Committee to take the information and formulate a policy which can be incorporated into the WILMAPCO TIP (Transportation Improvement Program) and DelDOT CIP (Capital Improvement Program). The goal is to have a new CIP Intersection program similar to the existing Bridge program which includes a schedule for regular inspection, a prioritization process to rank for improvement, and allocated funding to ensure construction.

Representatives from the business community working on the Small Business Commission's intersection initiative were hoping that this initiative would be given a chance to work. If the failing intersections are improved, the issue should become moot. Instead, under pressure from the Route 7 & 40 Alliance, Karen is moving forward with a revised ordinance. The Small Business Commission, along with other interested stakeholders, met January 23rd to debate the issue. Beverley Baxter, representing The Committee of 100, argued that this ordinance violates the intention of the UDC to encourage infill and to provide an escape valve in an otherwise onerous UDC. Minors were exempted because they have minor impact. In addition, this ordinance sends a message to business in New Castle County and beyond that the County does not support economic development. It is one of several ordinances introduced since the UDC which, if approved, would make it more difficult to do business in the County.

Karen is seeking revisions to this ordinance which will meet the needs of her constituents and yet not have a negative impact on business, especially small businesses. She wants to tweak the ordinance so that the additional burden of time and money is as small as possible for impacted businesses while at the same time stopping development deemed inappropriate by the community. The SBC next meets February 23rd.

Unique Corridor Overlay Zone

Under pressure from a group of residents from Greenville and representatives from Preservation Delaware, the Gordon Administration and the County Department of Land Use have produced a draft ordinance, the "Unique Corridor (UC) Overlay Zoning District," which would facilitate an overlay zoning in any part of the County. As drafted, the overlay would disallow uses currently allowed in the underlying zoning and impose broad new standards on any development allowed. Most significantly, the draft ordinance would require County Council to approve all building permits and land development plans and would allow Council to impose any standards, limits, or conditions it chose on any development it approved.

As drafted, the proposed ordinance is astounding. The Nomination of a Unique Corridor Overlay Zoning District could come from any member of Council who requested it. The Council member would submit the proposed limits and standards. Then the Department of Land Use would prepare a report and preliminary recommendation, taking into consideration any "unique, scenic, historic and cultural resources." After receiving that report, the member of Council could introduce an ordinance nominating whatever area is designated as a Unique Corridor Overlay Zoning District. Only after introduction of this ordinance would property owners be notified of the proposed UC overlay. After Planning Board and County Council hearings, Council could impose an overlay zoning.

The draft ordinance calls for the prohibition of a long list of uses (even if allowed in the underlying district), including all auto-related uses, certain restaurants, commercial entertainment and recreation, motels and hotels, and certain retail and service uses. In addition, "during the nomination hearing, review and approval process," any other uses can be recommended and included as prohibited uses. In other words, any use can be prohibited. In addition, no land can be rezoned to commercial regional or industrial and any expansion of such existing uses will be governed by the ordinance, which means existing properties can be prohibited from ever expanding, even if the UDC and the underlying zoning would allow it.

The draft ordinance also proposes new standards that go beyond the standards in the UDC. In addition to unlimited design standards, there are requirements/limitations/prohibitions for signs, lighting, noise, landscaping and buffering, utilities, parking, setbacks, private driveways, and traffic. The ordinance attempts to prohibit or restrict truck traffic and requires a traffic impact study for any development proposal that produced 10 peak-hour trips.

The use prohibitions and standards in the draft ordinance are only the starting point. With each UC overlay district nomination, the Department of Land Use, in conjunction with the community, would draft additional prohibitions, restrictions, standards they want. Finally, when the UC overlay district nomination gets to Council, Council can add any additional prohibitions, restrictions, or standards it wants. There is no limit. It is all very subjective and uncontrolled.

New Castle County Department of Land Use Acting General Manager Charles Baker and Councilperson Bob Weiner, the sponsor (though it has not yet been introduced and remains in draft), held a meeting on January 19th to take comments from some representatives from the business community. It was a lively discussion. Beverley Baxter noted that this ordinance, if enacted, would be like a sword of Damocles hanging over the head of every property owner in New Castle County. At any time, his or her property could be part of a nominated corridor and could end up with any restriction. The draft ordinance has no limits.

Charles Baker indicated that he would take all of the comments into consideration and produce a revised draft. He appeared most interested in ensuring that the process was a fair and open one, e.g., he noted the call for notifying property owners at the beginning of the process and for establishing clear limits to the ordinance.