PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on February 27, 2007, at 4:03 p.m. with Chairman Ruane presiding. Members present were Mrs. Russell, Mr. McGlumphy, Mr. Lewis, and Mrs. Horsey. Mayor Speed was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Ruane requested the addition of new item #3, Discussion - CDBG Application Review.
Mrs. Russell moved for approval of the agenda, as amended, seconded by Mrs. Horsey and unanimously carried.
Review of Active Recreation Area Plan - The Collegian (S-07-13)
In opening the discussion of the Conceptual Recreation Plan (Attachment #1) prepared by the Collegian Plaza Hospitality Group, II, LLC for the Collegian project, Mr. Ruane asked Ms. Janelle Cornwell, a representative of the Dover Planning Department, to summarize the Data Sheet and Staff Recommendations provided to the Committee by the Planning Department (Attachment #2).
Ms. Cornwell stated that the applicant had revised the Conceptual Plan (Attachment #3) by identifying the acreage and square footage of the proposed active recreation areas, as staff had requested. However, the plan still does not meet the area requirements of Article 5, Section 10 of the Dover Zoning Ordinance, which require 37,400 S.F. (0.858 ac), as noted in the staff Data Sheet.
Ms. Cornwell indicated that proposed recreation areas all had to be “accessible to all residents within the development” in order to meet the requirements of Article 5 Section 10.151, as noted in the staff comments on the original plan. She indicated that the swimming pool and terrace, concrete walking path, shuffleboard court, bocce court, and multi-purpose room equal only a total of 19,419 S.F. The “green roof area” (18,003 S.F.) does not satisfy the Code requirement’s definition of “active recreation space.”
Mrs. Trisha Sawicki, Landscape Architect with Landscape Architectural Services, LLC., responded by stating that when playground sites are evaluated as active recreation space the entire site is used in making the calculation, not just the area covered by the equipment. She said she believes the entire area of this proposed recreation plan should also be acceptable even though it is located on top of a building.
Mr. Ruane requested Ms. Cornwell to read into the record the specific definitions of what is allowed to be considered when making the calculation of “active” recreation space.
Ms. Cornwell indicated that under City Code, Article 5, Section 10.13 - Definition, the following are illustrative of the types of recreation areas and subsequent facilities that shall be deemed to serve active recreational needs and therefore to count toward satisfaction of the recreation area requirements of this section: tennis courts, handball courts, racquetball courts, swimming pools, saunas and exercise rooms, meeting or activity rooms within clubhouses, baseball and soccer fields, basketball courts, volleyball courts, swings, slides and play apparatus, and developed walking, jogging or biking trails.
Ms. Cornwell noted that the Dover Code provides for another means for the applicant to meet the Code requirements, as mentioned in the staff report, namely, “cash in lieu” of actual physical space; and that the applicant should consider this as a way to make up the shortfall. Ms. Sawicki responded that she was not authorized to accept this alternative for the applicant.
Mayor Speed stated that City Code had not anticipated this type of vertical construction and felt that the cash in lieu option would inhibit re-development in the downtown area.
Mr. Ruane responded by noting that even though developments like this were in the downtown area, they still would have an impact on recreational facilities in the city and the “cash in lieu” option gives developers a way to recognize this impact and compensate for it in cases where they can not provide the physical space within their own project.
Mrs. Horsey asked whether the proposed ornamental fence could be moved to the edge of the building and Ms. Sawicki noted that it could be moved.
The committee then discussed the staff finding that the proposed swimming pool, a portion of the terrace/deck, and the multi purpose recreation room were not in compliance with the setback requirement of a twenty-five foot distance from the right of way for street.
However, after further discussion by staff and members of the Committee, Mr. Ruane suggested that the Committee might interpret this requirement as applicable only when the proposed recreational amenities were at ground level. Since these proposed amenities were above ground, they really would not block the right of way for street, which is at ground level.
Ms. Townshend, the City Planner, expressed her reservations about using this interpretation without first obtaining a legal opinion from the City Solicitor’s office.
Mr. Ruane noted that she would have that opportunity before the Committee’s recommendation goes before the Planning Commission so that they could have benefit of this opinion.
Mr. Ruane then referred to two other requirements in the Dover code which are referenced as items 6 and 7 in the staff report, namely, “construction phasing” and the provision that common open spaces be “managed and maintained”. Ms. Sawicki acknowledged these requirements and said that they would be followed.
In summarizing the discussion, Mr. Ruane referred to the shortfall of the proposal in meeting the acreage/S.F. requirements which should be met with “cash in lieu of” unless the plan is amended to include enough active recreation space to meet the Code requirement. He also called attention to the interpretation of the right of way distance requirement as applicable only to a ground level proposal. He indicated that if the Committee recommends approval for this conceptual plan, its approval should be sent to the Planning Commission with this understanding and that if changes were later made to the conceptual plan that they be brought back to the Committee for its information at the next meeting of the Committee.
The following are comments and recommendations from Staff of the Department of Planning & Inspections and the Parks & Recreation Department following review of the Active Recreation Area to be constructed.
1. The acreage and square footage of the proposed active recreation areas (pool, multi-purpose center, shuffleboard court and developed walking path) need to be identified on the plan.
2. The swimming pool, part of the terrace/deck and the multi purpose recreation room are within the 25 foot distance of the right of way.
3. Staff recommends approval of the swimming pool, multi purpose recreation room and the terrace/deck on the second floor courtyard components as active recreation areas.
4. The applicant should look into making a cash in lieu of Recreation Area, for a portion of the required active recreation area. This will require submittal of appraisal information for calculation of the amount in accordance with Article 5 Section 10.17.
5. The applicant should be aware of the requirements for payment of the cash in lieu of Recreation Area Construction as associated with the development of the residential units.
Article 5 §10.175 Payment of Cash Donation. One hundred (100) percent cash donation provided under this section shall be collected prior to issuing the first building permit for the development.
6. 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.
7. There shall be provisions which insure that the common open space land 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.
Mrs. Horsey moved to recommend approval of staff’s recommendation, as amended as follows: recommendation #1 - The acreage and square footage of the proposed active recreation areas (pool, multi-purpose center, shuffleboard court and developed walking path) need to be identified on the plan - has been addressed by the applicant by providing the acreage and square footage of the proposed active recreation area on the revised plan; recommendation #2 - The swimming pool, part of the terrace/deck and the multi purpose recreation room are within the 25 foot distance of the right of way - was recognized; however, the committee did not interpret it as a constraint in this instance because it is not at ground level; and the committee would expect a cash in lieu of recreation area donation for the portion that is not met by the recognized square footage after re-evaluation by the applicant. The motion was seconded by Mr. McGlumphy and unanimously carried.
Request for Additional CDBG Funds - Paving of South Kirkwood Street from Division Street to Loockerman Street
During the meeting of January 23, 2007, Mrs. Tracey Harvey, Community Development Director, indicated that Aid in Dover had relinquishing their awarded $25,000 grant back to the City of Dover. Due to time constraints, Mrs. Harvey suggested that the funds be redirected to the Streets Project to complete the South Kirkwood Street project and requested approval to begin the public advertisement process. It was the consensus of members that Mrs. Harvey begin the public advertisement process.
Mr. Scott Koenig, Public Services Manager, reviewed the request to redirect CDBG funds to the Streets Project, specifically the South Kirkwood Street project, and indicated that these funds would cover the amount needed to complete the project. He stated that $110,000.00 was designated for this project and that $78,638.44 had been spent for miscellaneous concrete repairs. Mr. Koenig indicated that the additional $25,000 in CDBG funds would be added to the balance available, which would cover the estimated cost of $56,280.00 to complete the work.
Mr. Ruane recommended that the CDBG Status Report for FY2003 be provided during the next meeting.
Mr. McGlumphy suggested that, in the future, it would be more beneficial for CDBG funds to be directed towards housing issues than to City Street projects.
Mrs. Russell moved to recommend approval of the allocation of CDBG funds, in the amount of $25,000, to the Streets Project to complete the South Kirkwood Street Project. The motion was seconded by Mr. McGlumphy and unanimously carried.
Discussion - CDBG Application Review
Mr. Ruane reminded members that the FY07 Grant Application Review Panel will meet on Monday, March 19, 2007 at City Hall in the Council Chambers. This meeting is expected to begin at 10:45 a.m. and end at 3:15 p.m., with time being devoted to visiting the proposed activity sites, hearing oral presentations by the grant applicants, and preparing recommendations.
Discussion - Revisions to Animal Control Ordinances
During the meeting of January 23, 2007, members reviewed the current City of Dover Code, Chapter 18 - Animals, and suggested numerous revisions. Staff was directed to prepare a draft amendment to the ordinance, including the revisions discussed, to be brought back for further review by the committee.
Members were provided binders which included the ordinance with the recommended revisions, an excerpt from the meeting minutes of the January 23, 2007 Parks, Recreation, and Community Enhancement Committee meeting, the original Dover Code, Chapter 18 - Animals, and the animal ordinances for the City of Wilmington and the City of Newark. Mrs. Ann Marie Townshend, City Planner, reviewed the revised ordinance and indicated that the fines section was not included.
Mr. McGlumphy suggested that the definition of animals should be changed to match that of the City of Newark’s ordinance.
Mrs. Russell suggested that convicted felons should be prohibited from owning Pitt Bulls.
It was the consensus of members that a final review of the amendments to Chapter 18 - Animals, be completed at the next meeting.
Update - Planning and Funding for New Library
Mr. Zachary Carter, Director of Parks and Recreation, indicated that during the regular City Council meeting of February 12, 2007, Council approved staff’s recommendations to develop a new Library Committee to assist in the development of a comprehensive building program, the solicitation and hiring of a project coordinator, and authorized the allocation of funding in the amount of $180,000. He stated that the proposal for the project coordinator and the advertisement to recruit volunteers for the new Library Committee are currently being developed.
Update - Puncheon Run Watershed Action Team Update
Mr. Scott Koenig, Public Services Manager, stated that there is a Puncheon Run Watershed Action Team meeting at 2:00 p.m. today. He indicated that Mr. Jared Adkins, Stormwater Engineer with the Kent Conservation District, has received funding from the Clean Water Advisory Council to complete the flood study of the Puncheon Run and that Legislative funding may be available as well.
Update - John W. Pitts Recreation Center
Responding to Mr. Ruane, Mr. Zachary Carter, Director of Parks and Recreation, stated that he will provide a copy of the Schutte Park Master Plan at the next meeting for review.
Mr. Carter noted that the February 23, 2007 Ground Breaking Ceremony for the John W. Pitts Recreation Center at Schutte Park went very well and work has begun with an anticipated completion date of January 2008.
CDBG Program
No update was given.
Mr. McGlumphy moved for adjournment, seconded by Mrs. Horsey and unanimously carried.
Meeting Adjourned at 1:26 P.M.
Respectfully submitted,
Eugene B. Ruane
Chairman
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Attachments
Attachment #1 - Conceptual Recreation Plan (Attached to Original Minutes and File Copy)
Attachment #2 - Data Sheet and Staff Recommendations
Attachment #3 - Revised Conceptual Recreation Plan (Attached to Original Minutes and File Copy)