PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on August 10, 2009, at 12:00 noon with Chairwoman Russell presiding. Members present were Mr. Ruane, Mr. Hogan, and Mrs. Horsey. Mr. Lewis was absent.
AGENDA ADDITIONS/DELETIONS
Mrs. Russell requested that item #3E, Skate Park Committee Update, be removed at the request of Mr. Chris Asay of the Skate Park Committee.
Mr. Hogan moved to accept the agenda, as amended, seconded by Mrs. Horsey and unanimously carried.
Review of Active Recreation Areas - Village of Maple Dale: Planned Neighborhood Design - Senior Housing Option
In accordance with Article 5, Section 10, of the Zoning Code, all residential developments shall provide Open Space and an Active Recreation Plan, which must be reviewed by the Parks, Recreation, and Community Enhancement Committee for a recommendation prior to consideration of the Conditional Use Site Plan by the Planning Commission. Subsection 10.7 of Article 5, Section 10, of the Zoning Code requires that all areas planned for public dedication, or cash donations provided under this section, must be submitted to and approved by the Parks, Recreation, and Community Enhancement Committee and shall be subject to final review and approval by City Council prior to acceptance by the Planning Commission.
The Village of Maple Dale Senior Housing Community consists of approximately 149.2 +/- acres of land, with a project site area of approximately 12+/- acres, situated on the northeast side of Kenton Road, east of Maple Dale Road, owned by Maple Dale Country Club, Inc. Mr. Michael Albert, Planner, advised members that the development is being reviewed as a Conceptual Plan under the provisions of the Planned Neighborhood Design (PND): Senior Citizen Housing Option. He stated that the plan proposes the construction of two (2) types of housing units, which include thirty (30) townhouse units, located on fee simple lots, and three (3) condominium buildings, eighteen (18) units each (54 total), for a total of 84 residential units. He explained that since the project involves the subdivision of land, the Planning Commission review process requires two (2) steps beginning with the Conditional Use Review of the Conceptual Plan and then the Preliminary Subdivision Plan (Article 3 § 24).
Members were provided the Active Recreation Plan for the Villages of Maple Dale Senior Housing Community (as on file in the City Clerk’s Office). In reviewing the plan, Mr. Albert stated that there are a series of amenities proposed for the use of an Active Recreation Area for the PND project, which include the existing 137+/- acre, 18-hole golf course; two (2) tennis courts (new courts built to replace those displaced by condominium units); a swimming pool (new pool to be built to replace the one displaced by condominium units); the existing clubhouse building with its meeting rooms, a banquet facility, a bar/restaurant; a putting green; a driving range; and walking paths (existing and new paths). He advised members that these amenities will be available for use by the prospective buyers of the residential units.
Upon review of the Recreation Plan for the Villages of Maple Dale Senior Housing Community, the Department of Planning and Inspections staff submitted the following recommendations:
1. The proposed plan presents a series of existing (and reconfigured) amenities associated with the Maple Dale Country Club as the Active Recreation Area for this project. The plan is required to provide 0.53 acres of Active Recreation Area and is proposing 137+/- acres if the full extent of the Maple Dale Country Club property is recognized.
2. Staff recommends approval of the golf course and related facilities, tennis courts, swimming pool, clubhouse, and walking path as meeting the intent of the Active Recreation Area requirements with the following conditions:
a. Documentation of the provisions for the residents’ use of the existing facilities must be submitted and noted on the project plans. Clarification is necessary of the residential buyers’ access to the amenities, i.e., membership, additional fees, etc.
b. Walking path improvements must accommodate both pedestrians and golf carts for those areas where the golf course circulation requires a shared use path.
3. Staff recommends the creation of a lawn games area specifically for the use of residents as an Active Recreation Area. This could provide a lawn area space where games such as bocce, crochet, ladder golf, fitness activities, etc. could be played by the residents. The area adjacent to townhouse Lot #1 could be developed in this fashion and include bench seating, tree plantings, landscaping, etc., and specifically identified as the Active Recreation Area for the residential project.
4. Clarification of the walking path system is recommended to identify which areas are intended for golf course users versus the walking path for the residents, as follows:
a. Identify the construction materials and width of walking path. A paved hard surface is recommended.
b. Appropriate signage will need to be installed regarding the hazards of golf course activities, rules of usage, etc.
c. Identify the location of rest spots with bench seating along walking path.
d. Clarify the path system near the relocated 9th fairway.
e. The walking path system should connect to the clubhouse. A portion of the system appears to be missing near the putting green.
f. The walking path system must include the appropriate accessibility accommodations, crosswalks, signage, etc., especially at the points of intersection with vehicular travel lanes.
g. Identify if a pedestrian connection to Pine Valley Road is proposed for the walking path located northwest of the condominium buildings.
5. The following items should be included on the Plan to clarify the construction of the recreation area improvements:
a. Identify the length of new walking paths to serve this project.
b. Provide a construction detail of the new walking path (width, materials).
c. A list of the existing and proposed features needs to be provided on the Active Recreation Plan (i.e. the list of amenities, the number of benches and the details of the items).
d. Show tree planting locations on the Active Recreation Plan.
e. Identify location of lighting.
f. Lawn areas shall be appropriately planted (seeded or sodded) and maintained for active recreation activities.
g. Indicate the location of the fence and gates around the pool.
h. Indicate any landscaping/plantings around the existing ponds.
6. The applicant should consider provisions for such as parking of and regulations on the use/ownership of personal golf carts by the residents of the Villages of Maple Dale Senior Housing Community.
7. Identify the location of bicycle parking facilities associated with the condominium buildings, the general parking lot, and the clubhouse/pool/tennis court area.
8. The applicant is reminded of the requirements for construction phasing of the recreation area as associated with the development of the residential units.
Article 5 §10.6 Construction Phasing. The recreation and open space areas shall be completed in a proportion equal to or greater than the proportion of residential dwelling units completed, except that one hundred (100) percent of the recreation and open space areas shall be completed prior to issuing building permits for the final twenty (20) percent of the dwelling units proposed. Building permits shall not be issued for dwelling units unless the requirements of this section are met.
9. There shall be provisions which insure that the common open space land (including active recreation area) shall continue as such and be properly managed and maintained. The developer shall either retain ownership and responsibility for maintenance of such open land, or provide for and establish one (1) or more organizations for the ownership and maintenance of all common open space, i.e., a Homeowners Association. The organization shall be responsible for maintenance, insurance and taxes on the common open space.
10. In the event that major changes and revisions to the Site Plan/Subdivision Plan occur in the finalization of the Site Plan/Subdivision Plan, the developer shall contact the Department of Planning and Inspections. Examples include reorientation of buildings, relocation of site components like stormwater management areas, and increases in floor area. These changes may require resubmittal for review by the Development Advisory Committee, Planning Commission, or other agencies and commissions making recommendations in regards to the plan.
Responding to Mr. Ruane, Mr. Albert stated that the applicant did not have an opportunity to review the staff recommendations. He also explained that there was no precedent for accepting existing amenities for active recreation as opposed to providing additional amenities; however, he stated that the development does meet all the requirements that would be required of a new development of this nature. He also stated his belief that residents’ deeds would state that they would have access to recreational amenities, as long as they owned property within the development.
Mr. Greg Moore of Becker Morgan Group assured Mrs. Russell that the development is fully handicapped accessible since all condominiums will have elevators and all town houses are single-story.
Mr. Hogan expressed his reservations regarding the use of golf cart paths as walking paths in the development due to safety concerns, as well as the possibility of inconveniencing golf cart users to make way for pedestrian traffic. Mr. Zachery Carter, Director of Parks and Recreation, agreed that dual use of paths would present a conflict between pedestrians and golf cart drivers. He also expressed concerns regarding a planned walking path that runs across a fairway, which he identified as a safety issue.
Mrs. Horsey expressed concerns with the lack of buffers, such as trees and other plants, to protect homes from errant golf balls.
Mr. Moore reviewed maps and conceptual drawings outlining the proposed layout for the development (Attachment #1), indicating that one of the housing developments would be separated from the golf course by ponds, providing the buffer space needed for safety. He indicated that the course design would be amended to redirect Hole #9, which formerly impacted the area where the townhouses are planned, but will now be placed across the ponds that are visible from Kenton Road, providing physical separation from the homes. In addition, Mr. Moore stated that screening in the form of bunkers and landscaping will be included and that the sixth fairway will be lengthened in such a way that the overall course length will not change. He emphasized that one of the developer’s goals was to maintain Maple Dale as a full 18-hole golf course with a driving range and to conserve amenities and facilities at their current level to eliminate competition in the marketplace. Mr. Moore advised members that the new development is considered a condominium community, and owners will be required to execute a condominium agreement which states that the buyer has full rights and access to community amenities, and there will be associated condo fees. He explained that the paths are not intended to be jogging paths or pedestrian paths but are designed for golf cart use. He stated that the development is being marketed toward golfers and all homes include a location for golf cart storage.
Mr. Hogan requested that paths be labeled as golf cart paths rather than walking paths.
Mr. Moore stated that the developer is currently pre-selling units by promoting the project to potential buyers in the nearby golfing community. He indicated that Maple Dale has existing problems with cash flow, and this project is being developed in an attempt to retire debt.
Responding to Mr. Carter, Mrs. Townshend stated that if something should happen to the golf course in the future, the owner would be required by Code to provide a minimum of one-half (½) acre of active recreation space. The amended plan would have to be approved by the Committee and the Planning Commission.
In response to Mr. Hogan, Mr. Moore stated that two (2) parking spaces per unit have been planned, as well as an additional number of spots equal to the current number of parking spaces at Maple Dale. He added that the pool and tennis courts will be fenced and screened, and the tennis courts will have a windbreak. Mr. Moore noted that the Delaware Department of Transportation (DelDOT) has requested an additional right of way to provide for the widening of Kenton Road, and there will be improvements made to the intersection of Kenton and Chestnut Grove Roads. He stated that DelDOT is comfortable with the proposed traffic pattern.
Mr. Ruane moved to recommend that this matter be temporarily tabled to allow Mr. Moore an opportunity to review staff’s recommendations and requested that the Committee consider agenda item #3B in the interim, seconded by Mrs. Horsey and unanimously carried.
Mr. Ruane moved to remove agenda item #1, Review of Active Recreation Areas - Village of Maple Dale: Planned Neighborhood Design - Senior Housing Option, from the table, seconded by Mrs. Horsey and unanimously carried.
In response to Mr. Ruane, Mr. Moore agreed to reword the documentation to indicate that provision for residents’ use of amenities will be included in the condominium agreement between the owners and the developer. He concurred with all staff recommendations, excluding Item #3, creation of lawn games, stating that research of similar communities indicated that space dedicated to lawn games was typically not used, and that the other facilities being provided by the developer exceed City code. Mr. Albert stated that staff would not object to removal of this item.
In response to Mrs. Horsey, Mr. Moore indicated that screening will be placed along Kenton Road and around residential units. He stated that landscaping and a bulkhead will be placed around the lake. Mr. Moore explained that the proposed pond would provide separation of 50-75 feet between the residences and the golf course, which exceeds the distance provided by the existing development at Turnberry.
In response to Mrs. Russell, Mr. Moore stated that he estimates it will take at least five (5) years to complete the project, and possibly as long as ten (10) years.
Mr. Ruane moved to recommend approval of the open space/active recreation plan for the Villages of Maple Dale Senior Housing Community, with the understanding that staff recommendations are to be incorporated, with the exception of Item #3, creation of a lawn games area, which is to be deleted, and with the understanding that Item #2A, will be modified to include specific reference to the condominium agreement as the appropriate document to provide for residents’ use of the facilities. The motion was seconded by Mrs. Horsey and unanimously carried (Mr. Hogan abstained).
Planning and Funding for New Library
Ms. Margery Cyr, Library Director, stated that the City has entered into a fundraising partnership agreement with Wesley College. She explained that the College will be providing an in-kind donation of space for the library fundraising office to be located in their Development Building on State Street, which will include the use of office space, equipment, telephone lines, internet access, and a telephone call center. She stated that the library fundraising campaign will begin in September. Ms. Cyr noted that the next meeting with Holzmann-Moss Architecture will take place on August 17, 2009, and that a Green Summit is planned for September 29, 2009, which will give the community an opportunity to compare the benefits and costs of various “green” energy systems versus alternative systems.
Puncheon Run Watershed Action Team Update
Mr. Ruane noted that the South Governors Avenue bridge is now open and reiterated the urgency of providing assistance to the residents in this area who are attempting to obtain relief from expensive flood insurance. He requested that Mr. Koenig, Public Services Director, provide specific dates regarding progress on this task. In response, Mrs. Townshend stated she would follow up with Mr. Koenig regarding this issue.
CDBG Program
Mrs. Tracey Harvey, Community Development Director, provided a status report on the FY2008 CDBG Program. She stated that all 2008 CDBG projects have been completed, with the exception of Dover Interfaith Ministry to the Homeless, which is pending review by the Department of Housing and Urban Development (HUD) of a lease agreement with the Downtown Dover Partnership. The remaining balance of the 2008 funds for housing rehabilitation have been rolled over to 2009, and currently bids have been submitted for those projects. Bids for the housing rehabilitation program will be opened on August 25, 2009.
In regard to the Home Ownership Assistance Program, Mrs. Harvey noted that one family is scheduled to close on their property on August 14, 2009, and at that time all funds will be expended. Contracts for 2009 will be signed September 1, 2009.
Mrs. Harvey stated that the National Alliance of Mental Illness in Delaware has been terminated as a Neighborhood Stabilization Program (NSP) partner due to failure to submit a signed Memorandum of Understanding on July 24, 2009. Connections Community Support Programs has requested to become an NSP partner to serve individuals suffering from drug and alcohol addiction. She noted that Connections is currently an NSP partner with New Castle County, and that the Delaware State Housing Authority (DSHA) has approved them to become a partner with the City of Dover.
Mr. Ruane expressed his eagerness to proceed with the program, noting that the program initiated in December; however, no foreclosed properties have yet been purchased. Mrs. Harvey stated that funds were not available until March. She noted that DSHA required that a program manual be completed before funds can be drawn down. The manual is now complete and will be reviewed with DSHA on August 13, 2009, at which time the purchase of homes can commence. Mrs. Harvey indicated that she has been in contact with McGinnis Real Estate Company, who will provide foreclosure listings. Mr. Ruane requested that a more definitive report on the program be provided at the next meeting.
Youth Advisory Committee
Mrs. Russell stated that the Committee is discussing meeting dates and hopes to meet prior to September. She noted that the Committee has a number of projects that they hope to implement.
Comprehensive Rezoning and Plan Amendment
During the City Council meeting of February 9, 2009, City Council adopted the Dover Plan: 2008 Comprehensive Plan “From the People - For the People” and associated Plan amendment. Mrs. Townshend explained that, by law, the City must rezone properties in accordance with the Comprehensive Plan within 18 months of adoption of the Plan. Letters were sent to approximately 200 property owners to notify them of the proposed rezoning. Staff received a number of phone calls from affected property owners and met with 12-13 individuals on a one-on-one basis. A public workshop was held on July 22, 2009, which was attended by three (3) residents. A map is being prepared to show property owners the proposed changes and public notice is being provided to all owners within 200 feet of affected properties. Mrs. Townshend stated that planning staff members have submitted proposed changes to the Land Development Plan to the State Planning Office for Preliminary Land Use Services (PLUS) review; however, they have not yet received confirmation of the date and time of the review. Mrs. Townshend indicated that her goal is to prepare all changes to the Comprehensive Plan, and the companion amendment, for a First Reading in early September, to the Planning Commission for a Public Hearing in October, and to Council for a Final Reading in November.
In an effort to show good faith and reduce conflict, Mr. Ruane encouraged the Planning Department to notify affected residents even earlier than proposed. He suggested that staff identify neighborhoods where controversial changes are proposed and perform outreach to keep property owners informed. He felt the current policy of notifying property owners within 200 feet of a property to be rezoned is inadequate and requested that staff research notification policies implemented by other jurisdictions related to the distance and types of signs used, and that the Committee consider this issue at a subsequent meeting.
Proposed Zoning Text Amendments - Ordinance #2009-18 - Proposed Amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 20A - Industrial Park Manufacturing Zone - Technology Center (IPM2) and Appendix B - Zoning, Article 4 - Bulk and Parking Regulations, Section 4.16 IPM
Mrs. Townshend stated that the proposed amendment to the Zoning Ordinance would amend the Industrial Park Manufacturing Zone –Technology Center (IPM-2) zone to permit electric generating uses and to reduce the minimum lot size from 50 acres to 10 acres. She stated that the Garrison Oak Tract is the only piece of land in the City which is zoned IPM-2 at this time, and that the current 50-acre minimum lot size creates difficulties in developing the site. The solar manufacturer who plans to occupy the site needs 90 acres; however, other potential property owners require much less space. Mrs. Townshend advised members that the proposed ordinance sets forth a minimum of 10 acres, with a width of 100 feet and a depth of 100 feet. She noted that an additional proposed change to the ordinance includes the addition of Subsection 20A.15 - “Production of electricity provided that the fuel used shall be gas, oil, solar or wind” as a permitted use in the IPM-2 zoning designation, which mirrors existing language in Subsection 20A.11 but makes allowance for solar and wind generation.
Mr. Ruane questioned the use of the word “fuel” as this does not appear to apply to solar energy generation. Mrs. Townshend suggested that the term “power source” could be substituted and members concurred.
Responding to Mr. Ruane, Mrs. Townshend stated that natural constraints on the Garrison Oak Tract impacted the depth of the sites and resulted in the recommended reduction in lot depth from 150 to 100 feet.
Staff recommended adoption of Ordinance #2009-18 - Proposed Amendment to Appendix B - Zoning, Article 3 - District Regulations, Section 20A - Industrial Park Manufacturing Zone - Technology Center (IPM2) and Appendix B - Zoning, Article 4 - Bulk and Parking Regulations, Section 4.16 IPM.
Mr. Ruane moved to recommend approval of staff’s recommendation, as amended to change the wording in 20A.15 from “fuel” to “power source” (Attachment #2). The motion was seconded by Mr. Hogan and unanimously carried.
Ordinance #2009-19 - Proposed Amendment to Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations
Mrs. Townshend explained that this text amendment is being proposed as a result of a recommendation included in the City’s Comprehensive Plan. She stated that the number of requests for variances that have been brought before the Board of Adjustment in the past 2- 2½ years related to signage indicates the need for an amendment. Mrs. Townshend advised members that a meeting was held in July with members of the affected community, including sign companies and other business owners, resulting in the suggested changes.
Mrs. Townshend reviewed a presentation of a Summary of Draft Changes to the Sign Regulations (Attachment #3). In response to Mr. Ruane, she indicated that the proposed change that had elicited the most feedback was related to changeable copy signs or digital displays. The current ordinance establishes that displays cannot change more than once every 30 seconds; however, it was the feeling of business owners that this time span is too long. She stated that many municipalities have no time specification, but those that do vary widely. She stated the planning staff concurred that 30 seconds was excessive and recommended changing the restriction to no less than 15 seconds due to esthetic and safety issues.
In response to Mr. Hogan, Mrs. Townshend stated that one of the most difficult provisions to enforce relating to signage addresses signs attached to or painted on vehicles parked so as to be visible from the public right-of-way. She explained that it is difficult to differentiate between businesses who park vehicles for advertising purposes, as opposed to those who have a delivery component or a legitimate need to park. Mr. Hogan recommended that the length of time that the vehicle in question is parked be used as a way to determine violations of the ordinance.
Mr. Hogan noted that the ordinance contained an incorrect reference in Subsection 4.6.I. and recommended removal of the word “below” in line #388.
Mr. Ruane moved to recommend adoption of Ordinance #2009-19, Appendix B - Zoning, Article 5 - Supplementary Regulations, Section 4 - Supplementary Sign Regulations (Attachment #4). The motion was seconded by Mr. Hogan and unanimously carried.
Mr. Hogan moved for adjournment, seconded by Mrs. Horsey and unanimously carried.
Meeting Adjourned at 1:39 P.M.
Respectfully submitted,
Sophia R. Russell
Chairwoman
SRR/JS/rr/ac/tm
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Attachments
Attachment #1 - Villages of Maple Dale - Conceptual Drawings and Maps
Attachment #2 - Ordinance #2009-18 - Appendix B - Zoning, Article 3 - District Regulations, Section 20A - Industrial Park Manufacturing Zone - Technology Center (IPM2) and Appendix B - Zoning, Article 4 - Bulk and Parking Regulations, Section 4.16 IPM.
Attachment #3 - Summary of Draft Changes to the Sign Regulations
Attachment #4 - Ordinance #2009-19 - Appendix B - Zoning, Article 5 - Supplementary Sign Regulations