The Committee of 100 | FYI Archives

The most positive proposal for economic development since passage of the UDC may be in jeopardy. Ordinance 01-098, which would greatly facilitate redevelopment in New Castle County (see the September FYI), came before the Planning Board at its November 6th public hearing. Although nearly everyone spoke in favor of the ordinance, the concerns expressed by one outspoken opponent has stalled the bill.

Phil Lavelle, Zoning Chairperson for the Council of Civic Organizations of Brandywine Hundred (CCOBH), told the Planning Board that he knew nothing of Ordinance 01-098 before a News Journal article and had great problems with the Ordinance in spite of the fact that Dan Bockover, President of CCOBH, served on the Task Force which produced the Ordinance. Prior to the hearing, Phil sent out an email warning that has led to a flurry of emails with escalating statements of concern from some civic activists in spite of the fact that leaders from the major civic umbrella organizations served on the Redevelopment Task Force that negotiated the Ordinance.

Ordinance 01-098 would allow redevelopment of parcels where existing development was constructed in accordance with the then-controlling code, but which today do not conform to the now-controlling Unified Development Code. Because the UDC was written primarily for "greenfields" (open space where no development has before occurred), it, for the most part, does not accommodate already-developed parcels. Numerous already-developed parcels have become nonconforming as a result of the UDC, which means that if they are more than 50% destroyed, they cannot be rebuilt at all. Other pre-UDC parcels simply cannot meet the UDC requirements. For these parcels, owners/developers either have to get multiple variances from the Board of Adjustment (a costly, time-consuming, and uncertain process) or they cannot improve their properties in any way that would change the grandfathered configuration. This means that business and property owners are less likely to upgrade aging properties. Under the constraints of the UDC, the usual creative process of recycling and upgrading properties has become so costly and difficult that the ongoing revitalization process which we all want in our community is being stymied. Hardest hit are the small business owners who want to renew and/or expand their businesses but don't have the deep pockets necessary for the Board of Adjustment process.

The Redevelopment Task Force saw Ordinance 01-098 as a win/win for the community and for businesses. For the community, the Ordinance provides a much greater chance that abandoned and deteriorating properties will be redeveloped, thus enhancing the community. Because the Ordinance requires 100% improvement for every property utilizing this provision, the community is guaranteed an improved site. In addition, the ability to redevelop existing parcels means less "greenfield" land will be developed, a goal of Governor Minner's "Liveable Delaware" and of most Delaware residents. For the business community, the ordinance facilitates development of parcels which would otherwise be unavailable because of code and economic restrictions.

The Planning Board voted to hold its record open for one month to hear from those opposed to or wanting changes in Ordinance 01-098. They, and members of Council, need to hear from those who support this Ordinance as well.

Dinner Auction Deadlines At Hand

The Catalog for the 2001 Dinner Auction is being assembled this week. If you have not gotten your advertising reservation into The Committee of 100 office or made your contribution commitment, you may still make the Catalog if you call now. As you know, the Annual Dinner Auction is the major fundraiser for the work of The Committee of 100. Support from all of our members is what makes this such a successful event each year. See you December 5th.

New Castle County Comprehensive Plan Update

The Preliminary Draft of the New Castle County 2002 Comprehensive Development Plan Update was scheduled for a hearing before the Planning Board at its November 6th monthly hearing. However, because of several controversial land-development plans and the Redevelopment Ordinance (01-098), Land Use Department Manager Charles Baker announced, just after midnight, that the Comp Plan hearing would be postponed until the Planning Board's December hearing.

This proposed Comp Plan is very different from past New Castle County Comprehensive Development Plans, and for good reason. Previous Comprehensive Plans were critically important because they served as the guide for future development and played a controlling role in what would and would not be possible during the designated planning period. However, the Unified Development Code changed that. First, the UDC provides more control over development than all of the previous plans, codes, and regulations combined. Second, during the UDC approval process, every parcel in the County was proactively rezoned, thus removing the most significant component of previous Comp Plans. Before the UDC, almost all open land was zoned R-2, a holding category for land awaiting development, and it was the Comp Plan which proposed uses for all the R-2 land and so determined, to a great degree, the future of development in the County. While the 2002 Comp Plan still needs to address the need for expanding the supply of land for the economic development needs of the County over the next 20-year planning period, that issue pales in comparison to its import in previous plans.

That being said, the Comp Plan, in addition to being a State requirement, still plays an important role in both the County and State planning processes. As such, it needs careful review by those concerned with future economic development in New Castle County. While the 2002 Draft notes that "a primary goal of the County is a strong, sustainable economy," it needs to be more proactive in facilitating the responsible economic development which will provide that "strong, sustainable economy." The current recession, attack on America, and changes in Delaware, e.g., the loss of jobs (the most recent example, DuPont Pharmaceuticals), drive home even more the need to protect our economic health.

The 2002 Draft Comp Plan needs to provide for more proactively-zoned land for development. For example, while the Plan says there is two times the anticipated nonresidential need, the national standard is 2.5 and much of the "properly" zoned land in the County is not available for development for various reasons, including ownership and inadequate infrastructure. The Plan also needs to more aggressively call for the infrastructure provision necessary for economic development, including sewer capacity and transportation capacity. Map 20 of the Draft Plan shows very limited land in the County that is actually available for development. Most of the land is "reserve zoned or environmentally preserved." The next largest category is "appropriately zoned with no reported congestion but sewer investment is needed." The third-largest category is "appropriately zoned with adequate sewer but transportation improvements are needed." The smallest category-by far-is "appropriately zoned with adequate sewer & transportation capacity." Sewer has replaced transportation as the infrastructure most impeding economic development.