Chris Koyste sent this along ~
Opposition to the Montchanin Road
"Wagoner's Row"
plan to triple homes allowable
under current zoning
PLEASE ATTEND THE 7 pm TUESDAY NOVEMBER 5, 2013 NEW CASTLE COUNTY PLANNING BOARD HEARING TO OPPOSE THE DEVELOPER'S REQUEST FOR TRIPLE DENSITY RE-ZONING ON MONTCHANIN ROAD.
The proposed "Wagoner’s Row" development of 12 lots on the field adjacent to the scenic byway of Montchanin Road is an example of an overly dense un-needed development that should be opposed by any Delawarean. The developer of Wagoner’s Row has chosen to politicize the issue by taking their development proposal to County Council by seeking re-zoning of the land from SE to S zoning. As the issue is the minimum lot size, the applicant has chosen to use re-zoning as the mechanism to try to achieve the goal, rather than to apply to the New Castle County Board of Adjustment (“BOA”) which has jurisdiction to rule upon such an issue involving minimum lot size. The BOA can issue a variance from the minimum lot size which permits the creation of lots that are less than the minimum size required under the land use code. Thus, this is not an issue that requires any involvement by County Council, yet it is the path chosen by the developer of Wagoner’s Row for “strategic reasons”.
In order to put into context the extreme amount of relief from the UDC that the developer seeks for this parcel, I conducted an analysis to determine number of permissible “by right” lots that a developer currently could build on this parcel under its current SE zoning. To do this, I retained a land use professional to examine the parcel in the context of the SE zoning category. The conclusion he reached is that only 4 lots could be built under SE zoning which requires a minimum of 1 acre of size and does not include portions of the land that have any protected resources. Please take notice that the developer for Wagoner’s Row seeks triple density than is permitted under the property’s current SE zoning, as 12 units is sought rather than the currently permitted 4. This is because S zoning allows very dense development of individual residential lots that can be as small as 6,500 square feet (.15 acres).
It is my opinion that the Board may not permit the developer to subdivide the parcel into 12 lots. This is because the BOA is only required to give the amount of relief to an applicant based upon their ability to demonstrate an exceptional practical difficulty that is inherent in the land. This parcel has almost no features that would merit a lot size variance to the degree that is sought by the developer. Unlike the BOA, in a rezoning context the members or County Council are in a situation in which they will have to vote either yes or no for the proposal to re-zone, without the inherent equitable ability that the BOA has to give an applicant less than what is sought.
The current stage of the proposed development for Wagoner’s Row is that the applicant must appear before the New Castle Planning Board on Tuesday, November 5, 2013 at 7 p.m. at the Gilliam Building which is behind the County Building which is located at 77 Read’s Way, New Castle, DE 19720. The purpose of the hearing is only for the Planning Board to take testimony and hear evidence relevant to their eventual vote whether to recommend the proposal for re-zoning. If the Planning Board votes in favor of re-zoning, then the applicant seeking rezoning only needs 7 of the 13 members of County Council to vote in favor of the rezoning. If the Planning Board recommends against rezoning, then the applicant must have 9 members of County Council vote in favor of re-zoning. Thus, I strongly urge you to attend the Planning Board and make a statement against this proposed rezoning in order to prevent it from occurring. If you are uncomfortable in making a public statement, at an appropriate time you would be asked to raise your hand to demonstrate your disagreement with the 12 residence proposal.
Individuals who are in opposition to the current Wagoner’s Row plan have mobilized and formed the organization Save Our Delaware Byways to help get the word out about the extreme nature of the proposed rezoning. A web site has also been created at www.saveourdelawarebyways.com which will include more analysis as to the many reasons why 12 homes should not be permitted to be built on this property, as considerably less should be built. I urge you to visit this web site to obtain more information and periodic updates.
I should note, there are many reasons why the proposal to re-zone this parcel of land should be denied and will be outlined on the SODB web site. Re-zoning of this parcel is completely contrary to the New Castle County Comprehensive plan which has not targeted this area for growth. A re-zoning of this parcel contributes to increased traffic that will eventually result in the widening of Route 100, as is already happening at Route 52. This is of critical importance for thousands of individuals who use Route 100, as an approval of a rezoning such as Wagoner's Row, sets the stage for more and more re-zoning's of other undeveloped parcels. More re-zoning's means more traffic, which will cause Route 100 to have horrendous traffic or cause more of the scenic byway to be cannibalized to allow the road to be converted to 4 lanes to handle the overly increased traffic. In order to prevent the over development of the Wagoner’s Row parcel and prevent such a dangerous precedent, I must urge you to take some of your time to have your voice heard at the Planning Board and at other hearings or meetings when they occur.
If you would like to contact me, please feel free to email me at ckoyste@aim.com or telephone my cell phone at 302-750-2264. For transparency, I should note that I represent Ms. Elizabeth Snyder and the not for profit group Save Our Delaware Byways as legal counsel in relation to the proposed development “Wagoner’s Row” on Montchanin Road. My background as an attorney in Delaware includes serving on New Castle County’s Board of Adjustment which I chaired from 2001 through 2009.
Christopher S. Koyste, EsquireLaw Office of Christopher S. Koyste, LLC
709 Brandywine Boulevard
Wilmington, Delaware 19809
Office 302-762-5195
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