The Committee of 100 | FYI Archives

Before its passage by New Castle County (NCC) Council at its March 23rd meeting, the Hometown Overlay Zoning District Ordinance (Substitute 3 to Ord. 03-107) was revised to address specific concerns of The Committee of 100 and others within the business community. New Castle County Councilperson Bill Tansey, Sponsor of the Ordinance, accepted revisions which led to Substitute 3. These revisions–crafted by Charles Baker in response to concerns raised by Beverley Baxter– provide more balance to the process and make it clear that the purpose of the Hometown Overlay Zoning District is “to foster investment and redevelopment in these communities.”

Initially, there was much misunderstanding about the Hometown Overlay Zoning District Ordinance. Some thought it would create traditional villages where none existed before. It won't. Some thought it could be used to stop development. That is not the intent. Many were concerned that it would add a layer to the approval process which would discourage redevelopment. That concern was real. Substitute 3 addresses those concerns.

Charles Baker, Manager, NCC Department of Land Use, pointed to the problems businesses have had gaining community support for infill and redevelopment proposals as one good reason for the Ordinance. In Claymont, for example, McDonald's, Wawa, and Dunkin Donuts, all faced opposition to their redevelopment plans from vocal segments of the community. Charles pointed out that, with a Community Redevelopment Plan, companies will know going in what they need to do to gain approval and, likewise, the community will have to accept land development plans which conform to the Community Redevelopment Plan. The idea is to replace uncertainty and delay (a problem for all businesses) with more certainty and a more sure time frame.

The problem, currently, for all infill and redevelopment in New Castle County is that the Unified Development Code (UDC) was written for new development on greenfields, not infill or redevelopment in existing, sometimes historic, communities. The UDC fails to recognize that traditional communities, especially urbanized areas or villages and hamlets, often work well and have a unique charm that the UDC does not allow.

The Hometown Overlay Zoning District Ordinance “is intended to perpetuate and enhance the character of early settlement areas, hamlets, villages, and pre-World War II subdivisions” which existed prior to establishment of NCC's first zoning code in 1954. Where these pre-code communities are “viable and attractive places to live and work” but have “unique characteristics that do not conform to modern zoning standards,” this Ordinance would allow infill and redevelopment that is compatible with the existing community, rather than conforming to the Unified Development Code (UDC), which was meant for the construction of new communities.

The Hometown Overlay District process has two primary components. First, County Council will adopt a Hometown Overlay Zoning District only after submission of a Community Redevelopment Plan and Design Guidelines that have been developed as a result public meetings which “comprise broad based support with representation by diverse community interests and bona fide community groups.” Substitute 3 to Ordinance 03-107 includes minimum requirements for the Plan. Second, a Design Review Advisory Committee (DRAC) will be established to hold public meetings and “review land development applications for compliance with the Community Redevelopment Plan and/or Design Guidelines manual and make recommendations” to the Department of Land Use. If the DRAC fails to respond within “10 days, the Department shall proceed with its review of the application.”

The Substitute 3 version includes three key changes. First, it makes it clear that the purpose of the Hometown Overlay Zoning District is not only to “perpetuate and enhance the character of communities built before the creation of zoning and land development codes,” but also, to “facilitate infill and redevelopment,” and “to foster investment and redevelopment in these communities.” That removes any notion that this Ordinance is meant to stop development. Second, Substitute 3 changes the title of the Community Plan to “Community Redevelopment Plan,” again, to make clear that the Ordinance is meant to facilitate redevelopment, not stop development. Third, Substitute 3 requires that the Design Review Advisory Committee, “with the exception of the chairperson,” who serves at the pleasure of the County Executive, “be comprised equally of business and homeowner/residential interests.”

While no one in business likes to see yet another layer in the approval process, as that almost always means more delay and greater cost, the intent of the Hometown Overlay Zoning District Ordinance is to both protect and support existing unique communities and their assets, and to facilitate compatible infill and redevelopment within those unique communities. The current process has been a troubled and difficult one. The hope is that it will be improved. As Substitute 3 to Ordinance 03-107 is put to the test, we will monitor the process to see where it might need to be tweaked.

County Executive Gordon's Surplus-Protection Plan

In his March 23, 2004 Address, New Castle County Executive Tom Gordon declared that the County's surplus is now $242 million and outlined a plan to protect the surplus beyond his tenure. He announced that he had “created reserve accounts, and stabilization accounts to earmark these surplus dollars to protect our future from tax increases”:

County Executive Gordon also announced that the County would give money to Easter Seals, Delaware Center for Contemporary Arts, Delaware Art Museum, Delaware Theatre Company, Center for the Creative Arts, Girl Scouts, Latin American Community Center, Delaware College of Arts & Design, Christina Cultural Arts Center, Wilmington & Western Rail Road, Gilbert W. Perry, Jr. Center for the Arts, Westside Health Center, Community & Outreach Services, Taylor's Bridge Community Center, and Delaware Natural History Museum.