PARKS, RECREATION, AND COMMUNITY ENHANCEMENT
The Parks, Recreation, and Community Enhancement Committee meeting was held on December 14, 2004, at 12:08 p.m. with Chairman Pitts presiding. Members present were Councilman Ruane, Mr. Anderson (arrived at 12:23) and Mr. Truitt. Councilman Hogan was absent. Mayor Speed was also present.
AGENDA ADDITIONS/DELETIONS
Mr. Truitt moved for approval of the agenda, seconded by Mr. Ruane and unanimously carried.
Tall Pines Condominiums - Open Space
In accordance with Article 5, Section 10, Subsection 10.16 of the Zoning Code, all residential developments shall provide recreational areas in a size equal to 275 square feet per dwelling unit, or one-half acre of land, whichever is greater. However, in no case shall the City require more than 10% of the gross area of the development be so dedicated or reserved when the gross area is greater than five (5) acres.
Tall Pines Condominiums consists of approximately 2.7+/- acres of land, situated on the corner of Chestnut Grove Road and Dover Kenton Road. Mr. Greg Moore, Becker Morgan Group, presented the Active Recreation Plan for Woodbrook Development, L.L.C. (as on file in the City Clerk’s Office) which requires a minimum of one-half (.50) acre of active open space. The plan proposes two (2) separate areas of open space, which total one-half (.50+/-) acre, to include a gazebo, wood chip walking path, lawn games, horseshoe pits, and benches. The total investment for the above-mentioned items is $7,032. It was noted that the development is being designed for young adults and retiree’s with no small children; therefore, the active open space is geared toward that population.
Mr. Moore advised members that the intersection of Chestnut Grove Road and Dover Kenton Road is skewed, which presents some safety issues. Mr. Joseph Petrosky of Woodbrook Development, L.L.C. has agreed to provide DelDOT with 13,000+/- square feet (approximately a quarter of an acre) of land in order to realign the right-of-way and to provide safety improvements at this intersection.
Responding to Mr. Ruane, Ms. Dawn Melson of the Planning and Inspections Department stated that staff had concerns with the applicant proposing to include the stormwater pond in the calculation for the active recreation area. She also expressed concern with regard to the walking path, noting that the code specifically states that only the developed trail shall be included in the calculation. She noted that, overall, staff is concerned with the applicant’s ability to meet the one-half acre requirement. Responding to Ms. Melson, Mr. Moore stated that they could find nothing in the code that prohibited them from including a stormwater pond. He also noted that there is a section of the code pertaining to open space that requires or allows ponds to be included in the calculations, since it is incorporated in the natural features.
Responding to Mr. Ruane, Mr. Carter stated that the developer had the option of paying cash-in-lieu of land if the pond could not be included. Mr. Galvin stated that the calculation for cash-in-lieu is based on the appraised value and, excluding the pond, it would be approximately a quarter of an acre. Mr. Petrosky estimated the value at approximately $30,000, which would not be feasible. It was his feeling that he already meets the half acre requirement; however, the requirement would be obtainable with the land donation to DelDOT. Responding to Mr. Petrosky, Mr. Ruane stated that it has to be determined whether the committee has the authority to waive the pond area and, if so, would they be setting a precedence in terms of using ponds as a contribution. Responding to Mr. Ruane, Mr. Moore stated that he believes a similar scenario was approved for the Silver Mills Apartment Complex. It was also his feeling that they were in compliance with Code regarding Open Space. After much discussion, Mr. Anderson requested staff to obtain a legal opinion on the use of the pond to meet the requirement for the active recreation area.
Mr. Ruane moved to recommend approval, expressing concern that this project does not meet the active recreation area requirements, and that other options should be considered, such as cash-in-lieu of land. The motion failed due to the lack of a second.
Mr. Anderson moved to recommend that the committee forward the plan with no recommendation; however, stating the committee’s concerns. The motion failed due to the lack of a second.
Mr. Anderson moved to table the matter and requested staff to obtain a legal opinion on the use of the stormwater pond in the calculation for the active recreation area. The motion was seconded by Mr. Ruane and carried with Mr. Pitts voting no.
Mr. Ruane moved to reconvene on Monday, December 20, 2004, to formulate a recommendation for the Planning Commission, seconded by Mr. Anderson and unanimously carried.
Mr. Galvin asked that the record reflect that, in the future, the committee will be provided sufficient information to formulate a recommendation.
Progress Review of Target Area (Mr. Galvin, Director of Planning and Inspections)
At the request of Mr. Salters and Mr. Pitts, Mr. Galvin provided members an update on the condition of properties in the “target area” located between Governor’s Avenue, North West Street, South West Street, Mary Street, and North Street. Mr. Galvin stated that there were three points he would like to emphasize: 1) What actually happened in 2004 with the properties in the target area; 2) What has happened since the memorandum was received from Mr. Salters and Mr. Pitts; and 3) A plan for the future.
Mr. Grant Prichard, Chief Building Inspector, provided an overview of the area and presented a color coded map that reflected both open and closed violations. He reported that in 2004 there were 374 violations associated with 144 properties, and 267 cases currently active compared with 500 cases in 2003.
Responding to Mr. Ruane, Mr. Prichard stated that the total number of complaints City-wide to date is 1,637 and 2,752 violations have been documented. He explained that if an Inspector is dispatched for a complaint at a specific residence, they also survey the surrounding properties.
Mr. Galvin reported that there are currently 202 open housing inspections and noted that the annual inspection focuses on rental properties only, since that is the only housing inspection allowed by code. Mr. Prichard stated that they are not focusing only on rental properties; however, the annual inspection allows the inspector to enter the house and ensure that the house is operational.
Mr. Galvin stated that they have begun the “Dunk Your Junk” campaign to encourage the neighborhood to clean up. Flyers have been passed out in the neighborhood and the event is taking place December 16th and 17th. Mr. Galvin stated that the revitalization process cannot be based on code enforcement alone, it is a three-step process. Code enforcement by the Inspectors is the first step, followed by a friendly approach, such as the current campaign, and, thirdly, making capital investments in the area. Mr. Galvin explained that the capital investments are at the preliminary stage for this area and are being made by the Dover Housing Authority, Habitat for Humanity, and a private investor.
Mr. Galvin stated that he is proposing the following: A quarterly clean up campaign, committing one staff person per week to the neighborhood, demolition of a few dangerous houses in the area (one (1) in 2004 and at least two (2) in 2005), and to continue support of the Dover Housing Authority and Habitat for Humanity. Mr. Galvin explained that approximately $300,000 will be available for demolitions and mortgage assistance through the Community Block Development Grant (CDBG) in 2005. Responding the Mr. Ruane, Mayor Speed stated that all of the CDBG funds are identified for use in the target area for streets. Mr. Galvin stated that staff would be submitting a new plan for the CDBG funds in May of 2005 based on input from the community.
Mr. Galvin informed the committee that all the CDBG funds have been allocated, except for a specific recipient. The initial amount was approximately $90,000 in economic development program loan funds, which is more than what can be used in a year for economic loans since the current limits are $15,000 per loan. Mr. Galvin noted that $15,000 is usually sufficient to replace a furnace, perform minor plumbing and electrical, insulation, and either window or roof replacements.
Mr. Anderson moved for adjournment, seconded by Mr. Pitts and unanimously carried.
Meeting Adjourned at 1:50 P.M.
Respectfully submitted,
John W. Pitts
Chairman
JWP/rfm
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