PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on December 11, 2007, at 12:01 p.m. with Chairwoman Russell presiding. Members present were Mr. McGlumphy, Mr. Ruane, Mrs. Horsey, and Mr. Lewis.
AGENDA ADDITIONS/DELETIONS
Mrs. Horsey moved for approval of the agenda, seconded by Mr. McGlumphy and unanimously carried.
Explore Locations for Proposed Boys & Girls Club
During their meeting of September 11, 2007, members reviewed the possible sites for a magnet Boys & Girls Club and their pros and cons. Staff explained that the intent of the presentation was to allow members the opportunity to digest the information for its consideration during their next meeting. During their meeting of October 9, 2007, members tabled the matter since all members were not in attendance.
Mr. Frank Fantini, Board Member of the Greater Dover Boys & Girls Club, advised members that Kent County Levy Court supports the Greater Dover Boys & Girls Club with acquiring the Lewis Farm for a site for a magnet Boys & Girls Club. Unfortunately, he explained that the property is not currently owned by Kent County and that depending on the ability of developing the property, the future of this property is not known. As a result, the option to have the site located at Schutte Park is most desired.
Mr. Bob MacLeish, Greater Dover Committee, explained that the Schutte Park site would serve both school districts, Capital and Caesar Rodney, and better serve as a magnet club.
Responding to Mr. McGlumphy, Mr. Chris Basher, Vice President of Operations for Boys & Girls Clubs, assured members that the Boys & Girls Club will provide full funding regardless of the receipt of grant moneys.
Mr. DePrima reminded members that the City of Dover’s preference would to have the magnet club located at Dover Park. However, he noted that the Boys & Girls Club have indicated that they are not interested in this location due to its small size, which he understands. He noted that the Boys & Girls Club has conceded to the idea of their site being separate from the John W. Pitts Recreation Center. Of the two (2) remaining sites in this area, he stated that the City would prefer the Wyoming Mill Road site due to accessibility and visibility. From a program prospective, this site would address many of the conflicts that the City had with regards to the close proximity of a Boys & Girls Club to the Pitts Recreation Center. Mr. DePrima explained that if the Boys & Girls Club were attached to or in the immediate vicinity of the Pitts Recreation Center, it would preclude many of the visions that the City had for future facilities in this area. It was his opinion that the Wyoming Mill Road site would be workable if selected by City Council.
Mr. DePrima stated that the Wyoming Mill Road site is currently used for soccer and other field sports for the City. He advised members that the City anticipates the receipt of 14 acres west of Schutte Park from Stover Builders as a land donation, and that the loss of the fields will be supplemented with the donation of this additional land.
Mr. Carter, Director of Parks and Recreation, stated that the concern with the location at Schutte Park is the loss of outdoor recreational space that is utilized for soccer, field hockey, and other field sports. Without additional drawings considering the Boys & Girls Club, he stated that this exact loss is not known.
Mr. Ruane indicated his desire for a clear indication of what the proposal would require in terms of exact space and what would be lost for the City of Dover as a result. He stated that the City’s commitment to outdoor recreation is very well known and that the soccer and field hockey associations have built an expectation that must be met and fulfilled by the City. Mr. Ruane reiterated that the issue is that these facilities are to serve regional population and not just the citizens of Dover, explaining that there is a need to involve Kent County. He suggested that dialogue is needed between the Boys & Girls Club, Kent County, and the City to work the ideas out, such as a dedication of space for outdoor recreation to supplement the loss of outdoor recreation space for the City.
Mr. Michael Harrington, President of the Greater Dover Boys & Girls Club, stated that the organization has attempted to work with both the City and the County, as suggested by Mr. Ruane. It was his feeling that Kent County’s involvement would cause an additional delay and jeopardize the January deadline for funding consideration by the State Boys & Girls Club.
Mr. Ruane reminded members that there would be a loss to the City, as well as current and future users of Schutte Park, by selecting the Wyoming Mill Road site. He stated that there has not been a united front by the recreation community on this issue. He noted that should the use of this site be selected, there would not be any dedication of outdoor space. If there is a need for outdoor recreation to be associated with the facility, he felt that the better prospect would be for the magnet Boys & Girls Club to be located within the County. He stated that he would not support the use of any additional land, with the exception of the area required for the building.
Being involved in the original Schutte Park proposal, Mr. McGlumphy felt that the City continuously creates “road blocks” in front of ideas to benefit children. He stated that the City utilizes the concept “regionalism” when it is time to consider funding these ideas. He suggested that members make a decision on this issue to provide the Boys & Girls Club direction in this regard.
Mr. McGlumphy moved to recommend acceptance of the Wyoming Mill Road location for the site of the Boys & Girls Club, seconded by Mrs. Horsey.
Mr. Ruane questioned if the intent of the motion was to move forward without any additional specific information. Responding, Mr. McGlumphy stated that the intent is to move forward with the drawing presented, with the understanding that the facility will be built, and that it is recommended that the Wyoming Mill Road location to be used for this site.
Mr. DePrima stated that a presentation would be developed to present to Council and that additional information would be provided in terms of details.
On a call for the question, the motion to recommend acceptance of the Wyoming Mill Road location for the magnet site for the Boys & Girls Club was unanimously carried.
Mr. Ruane requested that members acknowledge that this action would create an unspecified loss of outdoor recreation and requested that staff identify this loss to members and provide options to remedy this loss.
Mr. Ruane moved to recommend that staff provide a plan of action for taking care of the loss of space. The motion failed due to the lack of a second.
Responding to Mrs. Russell, Mr. DePrima assured members that additional details would be provided that would include a plan of action as requested by Mr. Ruane.
Parks and Recreation/Open Space Plan - Review of Active Recreation Areas - Farthing Woods
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.
Members were provided details of the Recreation Plan for Farthing Woods. The subject property consists of one parcel of land totaling 6.89 +/- acres, located on the south side of West Denneys Road, west of McKee Road. The owner of record is Denneys Road, LLC. The applicant proposes to subdivide the parcel into seventeen (17) residential lots and identify the new street to serve the development. The development will consist of a total of 17 dwelling units and residual land to be used for stormwater management, the entry road, and open space. The subdivision offers the single housing type of single family detached units on approximately 1/5th acre (approximately 8,700 S.F.) lots. The entrance street leading into the site is from West Denneys Road.
Mrs. Townshend, Director of Planning and Inspections, noted that a minimum area is required to be reserved for the pursuit of active recreation activities. The size of this area is based on 275 square feet of land area per dwelling unit or one half acre, whichever is greater (Art. 5 §10.16). At 17 proposed units, this accounts for 4,675 S.F. of required active recreation area. Since this total does not meet the minimum requirement, one half acre of land for active recreation would be required. Farthing Woods does not meet the guidelines for exemptions to the recreation areas for small developments as outlined in Article 5 § 10.5 of the Zoning Ordinance.
Instead of recreation area construction, Mrs. Townshend advised members that the applicant is proposing the dedication of land for park lands. The developer has a pending agreement with DNREC to deed a portion of the subdivision to the State of Delaware for the benefit of the Anne McClements Woodlands of Fork Branch Nature Preserve. Article 5 § 10.3 are the regulations for public facilities. By definition, parks are a type of public facility. Section 10.32 allows the amount dedicated to be deducted from the amount of active recreation area requirements of Section 10.1. Mrs. Townshend stated that the land proposed to be deeded for the Fork Branch Nature Preserve was identified as a potential solution to the issue of adjacency to the Nature Preserve during the September 17, 2007 Planning Commission Meeting. The adjacent Nature Preserve is identified as Open Space on Map 11-1 Land Development Plan of the Comprehensive Plan Update 2003 as amended 2005 and 2007.
In summary, Mrs. Townshend indicated that the area required for active recreation space is 0.5 acres. The area to be deeded to DNREC is yet to be specifically determined. The current plans show Common Open Space #2 as an area of approximately two (2) acres, but also indicates that the total size has yet to be determined. The transfer of land would occur in place of the recreation area construction or a cash-in-lieu payment for the 0.5 acres would be required. The plan for Farthing Woods submitted by Pennoni Associates, Inc. meets the area requirements of the Zoning Ordinance and is acceptable to the Department of Planning and Inspections. Staff recommended that the Parks, Recreation and Community Enhancement Committee forward the Plan to the Planning Commission with a recommendation for approval of the proposal for land donation.
Following the review of the proposal for land donation in lieu of Active Recreation Area construction and the overall Open Space, the Department of Planning and Inspections staff submitted the following recommendations:
1.Staff recommended approval of the overall Open Space provided for the project. Recommendations suggested as conditions of this approval are listed below:
a.Staff would not object to this mutually agreed upon solution so long as the total land area deeded to the State of Delaware (DNREC) for the Nature Preserve is equal or greater than the required one half acre required for active recreation and so long as the property lines for Farthing Woods are established accordingly.
b.Specific details about the amount of land to be deeded to DNREC must be shown on the Plan including the new parcel created for dedication.
c.All calculations pertaining to open space must be clearly stated on the plan.
d.The details concerning the easement pertaining to Common Open Space Area #1 must be stated on the Plan.
2.The portion of the subdivision which is to be deeded over to the State of Delaware must made into a separate parcel.
3.Tree plantings must be agreed upon and approved by DNREC Division of Natural Resources and Environmental Control to avoid the placement of invasive or noncompatible trees and plants.
4.Identify the type of lighting proposed.
5.An element of separation should be included between lot #12 and the stormwater management facility to ensure the proper longevity of the facility.
6.There shall be provisions which insure that the remaining common open space land (lands not included in the dedication to the state) 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.
7.In the event, that major changes and revisions to the Preliminary Subdivision Plan which affect the Recreation Plan occur in the review process and finalization of the Plan resubmittal may be required for review by the Parks Recreation and Community Enhancement Committee or other agencies and commissions making recommendations in regards to the plan.
Mr. Ruane relayed concern with the nature preserve being considered as a part of the open space/active recreation plan, explaining that the purpose of the designation is to provide access to the public, particularly children. Rather than providing active recreation area, Mrs. Melson-Williams explained that the developers are seeking dedication of a public facility, which would be parkland for the reserve. Mrs. Townshend emphasized that the Zoning Code provides for an alternative, explaining that if a developer dedicates a public facility, it can be used rather than active recreation. The idea is to not provide access from this site to the nature preserve at the request of the State Park Division. It was her understanding that the access to the preserve would be provided via Kenton Road.
Responding to Mr. McGlumphy, Mr. Jordan Ashburn, developer of Farthing Woods, explained that the alternative was prepared after consultation with representatives of DNREC. He advised members that the area that would be required for open space/active recreation would be minuscule and that the proposal provides for a better area and would be accessed by more people than just those residing in the development.
Mr. Ruane stated his opinion that, in effect, the developer would not be contributing to the purpose and intent of the ordinance, which is to require some contribution, and if the land is not available, then a cash-in-lieu of land should be required.
Mr. Ruane moved to recommend denial of the open space/active recreation plan submitted for Farthing Woods and that a cash-in-lieu of land be required if there is no willingness to offer an actual “tot lot” plan. The motion was seconded by Mr. Lewis and unanimously carried.
CDBG Program Guidelines for Review
According to HUD guidelines, a CDBG grantee will be considered to be failing to carry out its CDBG activities in a timely matter if, 60 days prior to the end of the current program year, the balance in its line of credit exceeds 1.5 times the annual entitlement grant. The City of Dover has been in compliance with this regulation annually due to the majority of grant funds being expended from city projects. Over the past few years, funding had to be reallocated from subgrantees that failed to expend CDBG funds in a timely matter or failed to meet the program requirements. Members were advised that currently, four (4) out of the five (5) subgrantees have been delayed in expending grant funds due to housing or zoning code violations or failure to meet program requirements, which could cause the City to fall short of this timeliness standard.
Mrs. Tracey Harvey, Community Development Director, provided members proposed revisions to the CDBG Program Guidelines, including the subgrantee scoring sheet and City Project scoring sheet. In order to continue to meet the HUD Timeliness Standard, staff recommended that no more than 80% of CDBG funds, including program administration, be allocated to city projects and that no more than 30% of CDBG funds be allocated to subgrant projects that will serve the low to moderate income households, as well as those with disabilities. Mrs. Harvey noted that the proposed amended guidelines also include a separate scoring sheet for subgrantees with a scoring and voting system for committee members to use for city projects due to the different nature of subgranting versus allocating funds to City projects (including housing rehabilitation and homeownership assistance). She advised members that there is also a request to change the scoring requirements so that any applicant scoring below 70 points would not be considered for a CDBG grant. Staff recommended approval of the amended changes to CDBG Program Guidelines.
Responding to Mrs. Horsey, Mrs. Harvey stated that there were several applicants that received scores less than 70 points that received CDBG grant monies in the past.
Several members relayed concern regarding the grantees not expending the grant money in a timely manner. Mrs. Harvey explained that each grantee is required to submit monthly status reports; however, many of the grantees are not complying with this requirement. Mrs. Russell noted that delays are often due to the contractors. Responding, Mrs. Harvey stated that her experience has been that delays are the result of the subgrantee.
Mr. Ruane questioned what penalties have been instituted or what other efforts have been made to assure that the program has been progressing in a timely manner and, if none, has there been any action to have the money re-programmed. Responding, Mrs. Harvey stated that many of the projects were delayed due to housing and zoning code issues. Mr. Ruane relayed opposition to the proposed amendments to the guidelines and suggested that members delay consideration of the scoring sheet for subgrantees. He requested staff to provide members with the rules that are in place to remedy the problems that are occurring, and what is done prior to six (6) months elapsing to remedy any concerns. It was his feeling that the proposal is a reflection of poor planning and monitoring.
Mr. Ruane moved to defer consideration of the proposed amendments to the CDBG Program Guidelines until the January meeting, to be first on the agenda, with the understanding that members will be presented a decision sheet on each one of the actions that have been taken between now and January with a recommendation for re-programming if necessary within the guidelines. Additionally, that staff reconsider arbitrarily setting a percentage and allow all applicants to be equal regardless of the resulting applicant percentages. The motion was seconded by Mr. Lewis and unanimously carried.
Proposed Zoning Text Amendments - Appendix B - Zoning Ordinance, Article 3 - District Regulations, Section 10 - Institutional and Office Zone (IO)
Mr. Ruane moved to table consideration of the proposed zoning text amendment to Article 3 - District Regulations, Section 10 - Institutional and Office Zone (IO) until the next committee meeting. The motion was seconded by Mr. McGlumphy and unanimously carried.
Proposed Zoning Text Amendment - Appendix B - Zoning Ordinance, Article 5 - Supplementary Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units
During their meeting of October 9, 2007, committee members recommended adoption of a proposed zoning text amendment to Appendix B - Zoning Ordinance, Article 5 - District Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units that propose to establish regulations relating to portable storage units. It was noted that the Planning Commission also recommended approval of the proposed amendment. Following a public hearing before City Council during the Regular Council Meeting of October 22, 2007, members referred the proposed ordinance amendment back to the Parks, Recreation, and Community Enhancement Committee for further study.
Mrs. Townshend, Director of Planning and Inspections, reviewed the revised proposed ordinance amendment that would limit the amount of time that a portable storage unit could be located on a
residential lot.
Mr. Ruane stated his opinion that the revised proposed ordinance addresses many of the concerns previously expressed by members of City Council.
Mr. Ruane moved to recommend adoption of the proposed ordinance amendment as presented by staff (Attachment #1), seconded by Mr. McGlumphy and unanimously carried.
Updates
Members were provided the following updates:
Puncheon Run Watershed Action Team Update
There was no update on the Puncheon Run Watershed Action Team.
John W. Pitts Recreation Center
Mr. Carter, Director of Parks and Recreation, advised members that the outside work for the John W. Pitts Recreation Center, such as parking lot, landscaping, sidewalks, etc. should be completed within the next two (2) weeks and that the building should be fully enclosed within the next week. Due to the weather, he anticipates a February 2008 opening.
Planning and Funding for New Library
Mr. Richard Thau, Library Director, provided an update on the planning and funding for the new library.
Mr. McGlumphy felt that construction for the new Library should begin in the very near future since the price of materials will continue to increase.
Mr. Ruane moved to recommend that staff be requested to present information on what would be necessary to make a recommendation on the bond aspect for this project, seconded by Mr. McGlumphy and unanimously carried (Mrs. Horsey absent).
CDBG Program
There was no update on the CDBG Program.
2008 Comprehensive Plan Update
There was no update on the 2008 Comprehensive Plan.
Mr. Lewis moved for adjournment, seconded by Mr. McGlumphy and unanimously carried.
Meeting Adjourned at 2:09 P.M.
Respectfully submitted,
Sophia R. Russell
Chairman
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Attachment
Attachment #1 - Proposed Ordinance Amendment to Appendix B - Zoning Ordinance, Article 5 - District Regulations, Section 1 - Supplementary Regulations Applying to Residence Zones, Subsection 1.10 - Portable Storage Units