SPECIAL PARKS, RECREATION, AND
COMMUNITY ENHANCEMENT
A Special Parks, Recreation, and Community Enhancement Committee meeting was held on December 20, 2004, at 12:00 p.m. with Chairman Pitts presiding. Members present were Councilmen Ruane and Hogan, Mr. Truitt, and Mr. Anderson (arrived at 12:04).
AGENDA ADDITIONS/DELETIONS
Mr. Hogan moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried.
Legal Opinion - Use of Stormwater Management for Active Recreation Space
During the Regular Meeting of December 14, 2004, members requested a legal opinion on whether stormwater management ponds may be considered active recreation area for the purposes of complying with the requirements of Appendix B, Zoning Ordinance Article 5, §10.1, Recreation Area, to determine the required active recreation space for the Tall Pines Condominiums Open Space Plan. The committee also moved to reconvene on Monday, December 20, 2004 at 12:00 p.m. to consider the legal opinion and formulate a recommendation on the application to forward to the Planning Commission.
In order to expedite the opinion, Mr. James Galvin, City Planner, provided Mr. Rodriguez, City Solicitor, with a code interpretation memo (Attachment #1) for his review.
Ms. Dawn Melson, Assistant City Planner, advised members that it was the City Solicitor’s opinion that dry ponds, which are primarily without standing water until a storm event and remain wet for a period of hours or days after the event, may be considered as active recreation area to meet active recreation area requirements if they are of sufficient area, such as the area required for a soccer, baseball, or other playing field. Wet ponds, which have standing water for a period of time sufficient to limit the regular use of the pond area as recreation field space or where the soils become hydric (soil that is saturated, flooded, or ponded long enough during the growing season to develop anaerobic conditions in the upper part) may not be considered as active recreation area to meet the recreation area requirements of the zoning ordinance. The solicitor noted the exception that wet ponds of a sufficient size or character that would allow water based active recreation activities within the area of the pond, such as boating or fishing, would be appropriate recreation areas. Ms. Melson stated that the stormwater pond on the Tall Pines Condominium site was a wet pond and; therefore, could not be included in the calculation of the active recreation area.
TALL PINES CONDOMINIUMS - OPEN SPACE PLAN
Members were provided a Data Sheet for Recreation Plan Review (Attachment #2) for the Tall Pines Condominiums application. Ms. Melson advised members that Tall Pines Condominiums consists of 2.647+/ -acres and requires 21,780 square feet of active recreation space. The developer has agreed to dedicate 13,246 square feet to the State of Delaware for a new right-of-way to realign Chestnut Grove Road with Kenton Road. This improvement has been under consideration by the State and encouraged by the City for some time. According to Article 5, Section 10.32, the amount of land dedicated for public facilities may be deducted from the amount of active recreation area required in Section 10.1. Excluding the land area being dedicated to the State, the total area for the project is 2.34+/- acres and requires 8,534 square feet to be reserved for active recreation space. The net area of proposed active recreation area is 18,347 square feet and includes a gazebo, park benches, horseshoe pits, a walking path, and two areas for lawn games. Ms. Melson stated that the Development Advisory Committee (DAC) recommended design improvements for paved pathways to the gazebo and horseshoe pits and for segregation of the walking paths from the slopes of the stormwater management pond. Staff recommended approval of the plan, with the DAC recommendations.
Mr. Ruane moved to recommend to the Planning Commission approval of the Tall Pines Condominiums Open Space Plan, including the Development Advisory Comments. The motion was seconded by Mr. Hogan and unanimously carried.
Mr. Ruane and Mr. Anderson requested that, in the future, staff provide a Data Sheet for Recreation Plan Review and a presentation of development options, including requirements and relevant code references, for their consideration, feeling that the delay on this application could have been avoided if members had been provided the necessary information initially.
Mr. Anderson moved for adjournment, seconded by Mr. Truitt and unanimously carried.
Meeting Adjourned at 12:14 P.M.
Respectfully submitted,
John W. Pitts
Chairman
JWP/tm
S:ClerksOfficeAgendas&MinutesCommittee-Minutes200412-20-2004-PR&CE.wpd
Attachments
Attachment #1 - Legal Opinion/Code Interpretation Memo
Attachment #2 - Data Sheet for Recreation Plan Review - Tall Pines Condominiums