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DECEMBER 2001
2nd Hearing For Redevelopment
Ordinance
On January 10, 2002 the Planning
Board Hearing Agenda will include a second hearing on the
Redevelopment Ordinance, this time on a Substitute. It is
important that those who support the intent of this Ordinance
attend and express their support.
As FYI readers know (see
October and November FYI), the proposed Redevelopment
Ordinance (01-098) is the best thing to happen since passage
of the Unified Development Code (UDC). It is good for the
business community, as it would allow redevelopment of property
that otherwise could not be developed because of the constraints
of the UDC, and it's good for the residents of New Castle
County, as it facilitates upgrading of properties in our community
which would otherwise continue to deteriorate and/or be abandoned.
You would think that everyonebusiness
and civic organizations alikewould be clamoring for
quick passage of this Ordinance. Not so. We, in the business
community, for the most part, live in New Castle County and
want this to be a great place to live as well as to work.
You'd never guess that from those civic activists who believe
that if members of the business community support something
it must be bad for the community. This is a case where an
Ordinance which is a win/win for the civic/business community
has run into trouble because of perception rather than reality.
As everyone who has attempted
redevelopment under the UDC knows, the Unified Development
Code was written for greenfields (open, undeveloped land)
and its requirements don't fit most already-developed parcels.
Most already-developed sites simply cannot meet the requirements
of the UDC. While it might be economically viable for companies
with deeper pockets to redevelop larger parcels by making
their way through the variance process with the Board of Adjustment,
that is not the case with smaller parcels or for small businesses.
The result is that many of these older properties are becoming
increasingly run down or abandoned. Where Ordinance 01-098
facilitates the upgrading of these properties, it is positive
for the community.
As written, the Ordinance includes
an objective process that requires an 100% improvement to
the parcel being redeveloped in such quantifiable areas as,
"parking, buffers, landscaping, access, stormwater management,
impervious cover, off-site transportation improvements/capacity,
and mitigation of damage to or enhanced protection for existing
natural-environmental resources." Every parcel that is
redeveloped will become better. Every parcel that is redeveloped
will come closer to meeting the requirements of the UDC. Every
pre-UDC parcel left unredeveloped will remain further out
of compliance with the UDC than if redeveloped. This Ordinance
makes sense. Maybe that's its problem!
A limited, but very vocal, number
of civic activists are calling for changes in the Redevelopment
Ordinance which would destroy its intended effect. If, as
some are demanding, the Ordinance is amended to require Council
approval of minor plans, it will gut the Ordinance. It will
make no sense. The very businesses which could afford to utilize
the provisions of the Redevelopment Ordinance could not afford
the political and uncertain process this amendment would produce.
At the Planning Board's December
18th Business Meeting, the Department of Land Use expects
to make available a Substitute to Ordinance 01-098. If this
Substitute remains faithful to the original intent and is
passed intact, it will not only open up new opportunities
to rejuvenate properties in New Castle County, but also, provide
an opportunity to blunt the message that New Castle County
is anti-business.
The good news is that
Tom Gordon, the convener of the Redevelopment Task
Force from which Ordinance 01-098 emanated, as well as County
Council President Chris Coons and Councilpersons Bob
Weiner and Karen Venezky, the Ordinance sponsors,
remain committed to the spirit of the original Ordinance.
They understand the value to both the community at large and
to the business community, especially small businesses. The
bad news is that some members of the Planning Board
may have reservations and civic activists will probably express
their opposition at the January 10th Planning Board Hearing.
It is important that people from the business community
address the Planning Board on January 10th.
Delaware Scenic & Historic
Highways
After several years in the making,
the Delaware Department of Transportation has finalized the
Delaware Scenic & Historic Highways program and unveiled
its Program Guide. Nominations can now be submitted to DelDOT
to designate a section of roadway in Delaware a Scenic and
Historic Highway.
In April 2000 Senator McBride
introduced Senate Bill 320, which the General Assembly passed
and the Governor signed in July 2000. The bill called for
creation of State Scenic and Historic Highway Advisory Board
and the Board was established under then-Secretary of Transportation
Anne Canby. The Delaware Scenic & Historic Highways Program
Guide, which contains the "Vision, Goals and Objectives"
as well as the nomination procedure and designation process,
was finalized and distributed by Secretary of Transportation
Nathan Hayward in November 2001.
According to the Program Guide,
a Scenic & Historic Highway is "a transportation
route which is adjacent to or travels through an area that
has particular intrinsic scenic, historic, natural, cultural,
recreational or archeological qualities. It is a road corridor
that offers an alternative travel route to our major highways,
while telling a story about Delaware's heritage, recreational
activities or beauty. It is a route that is managed in order
to protect its special intrinsic qualities and to encourage
appreciation and/or development of tourism and recreational
resources."
Any individual, group, or government
entity can nominate a route. The nomination form, available
from DelDOT, requires only a physical description of the route,
representative photos, a map indicating the boundaries and
locating the intrinsic qualities, a resource inventory, a
written summary of its significance, a description of what
a traveler would see, and a description of public involvement.
Following acceptance of the nomination by the Evaluation Committee,
Director of Planning, and State Scenic & Historic Highways
Advisory Board, the designation is made by the Secretary of
Transportation.
There are two principal impacts
of State designation of a route as a Scenic and Historic Highway:
first, the sponsor becomes eligible for Federal grant funds
for preparing a Corridor Plan; second, all new off-site signs
are prohibited, that is, no organization or company can have
signage or advertising for anything except on land it owns.
Other impacts flow from the Corridor Plan in which the sponsor
"lays out the vision, goals and responsibilities for
conserving and enhancing the corridor's most valuable qualities
and describes how this will benefit economic development through
tourism and recreational opportunities."
Beverley Baxter
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