NCC Outside Counsel Max Walton's Motion Filed For Clarification And/Or Limited Re-Argument Of Court's Pike Creek Opinion

Janet Kilpatrick sent this along ~ Motion filed by the County in New Castle County v Pike Creek Recreational Services (former Three Little Bakers property) case

On Thursday evening, Sept. 12, 2013, Max Walton, the County's outside counsel for the New Castle County v Pike Creek Recreational Services (former Three Little Bakers property) case, filed a motion for clarification and/or limited re-argument of portions of the Courts’ September 5, 2013 opinion. 

The basic premise of the motion requests:
1. Clarification that the 130 acres of golf course land were previously dedicated, so that any future development cannot use them as their open space. This affects how density would be calculated in any future plan submission.  Under the Code, community golf courses cannot be constructed in community open space.
2. That a separate parcel is created for the golf course.
3. That a Code compliant plan be submitted for that parcel, showing an 18-hole golf course.  This assures us that the land is set aside, and is a way for the County to determine if the set aside is really large enough to build a golf course.
4. That the golf course land be subtracted from the gross site acreage, in order to determine what might be available developable land.  This assures us that the golf course land cannot be counted as base site area when calculating density for any future submission of a development plan.

The entire motion can be read on my website at http://www2.nccde.org/council/District3/default.aspx
 
Janet Kilpatrick
3rd District New Castle County Councilmember
800 N. French St. - 8th Floor
Wilmington, DE 19801
302-395-8343 - work

302-234-1994 - home

A DE Way post on the recent Council vs. Executive kerfluffle will soon follow.... 

NCCo Executive Tom Gordon excludes Council from Pike Creek appeal decision

Judge's ruling heats up battle over proposed development in Pike Creek

Development at ex-Pike Creek Golf Course closer following judge's decision

Also, News Journal CORRECTIONS ~

NUMBER OF HOMES: A story in Monday’s News Journal included an incorrect amount of proposed housing units at the Pike Creek Golf Course. The devel­oper wants to build a total of 288 houses, town homes and condominiums on the property. 

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