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Kent County Levy Court Follow the 2018 Comprehensive Plan and Deny the Rezoning Request

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Kent County Levy Court Follow the 2018 Comprehensive Plan and Deny the Rezoning Request Kent County Department of Planning Services Division of Planning SARAH E. KEIFER, AICP Phone: 302/744-2471 Director of Planning Services FAX: 302/736-2128 KRISTOPHER S. CONNELLY, AICP Assistant Director of Planning Services STAFF RECOMMENDATION REPORT October 1, 2020 Application / Ordinance : CZ-20-03 / LC20-09 Applicant / Owner : Ching, LLC c/o Steve Martin Present Comprehensive Plan Designation : Low Density Residential Proposed Comprehensive Plan Designation : Highway Commercial Present Zoning District : AR (Agricultural Residential) Proposed Zoning District : BG (General Business) Relation to Growth Zone : Inside Area and Location : Three contiguous parcels totaling 4.55 + acres located at the intersection of Bay Road (DE Rt. 1) and Old Cemetery Road (Co. Rd. 402), north of Milford Kent County Property Identification Numbers : MD-00-152.00-01-44.00 (1.89 + acres residential) MD-00-152.00-01-44.03 (1.0 + acre residential) MD-00-152.00-01-67.00 (1.66 + acres wooded) I. STAFF RECOMMENDATION: Based on the information presented, the Kent County Code, and the 2018 Comprehensive Plan, Staff recommends DENIAL of the request to amend the Zoning Map and Comprehensive Plan Future Land Use Map. • The proposed rezoning is located on the west side of Route 1 between the Town of Frederica and the City of Milford. There is currently a substantial inventory of vacant commercial land in this corridor. Located directly across Route 1 from the subject site, there are 2.96 + acres of vacant commercial land. Between the subject site and the City of Milford, there are 11.96 + acres of vacant commercial land, of which 5.18 + acres are KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible) Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 2 of 7 located on the west side of Route 1. Between the subject site and the Town of Frederica, there are 101.81 + acres of vacant commercial land, of which 63.25 + acres are located on the west side of Route 1. Given the amount of vacant commercial land along Route 1 between Frederica and Milford, there does not yet appear to be significant development pressures to warrant an additional 4.55 + acres of commercial zoning. Furthermore, there is existing commercial zoning in the Town of Frederica and the City of Milford. Both incorporated towns have existing infrastructure to successfully sustain commercial development. • As the need for nonresidential development increases, concentrated development around municipalities not only reduces pressure on rural areas in the County through the reduction of sprawl, but allows for growth opportunities for those municipalities. The Regional Planning Commission should consider the potential impact commercial uses in the proposed location would have on development patterns in the County. • The subject site is not located within the Master Plan area where transportation infrastructure, market demand for new commercial uses, and economic potential is preferable to this incremental rezoning request. • The proposed rezoning fails to meet all of the conditions of approval for reclassification under Section 205-408 of Kent County Code: A. There was a mistake in the Zoning Map, or the character of the neighborhood has changed to such an extent that the Zoning Map should be changed. There was no mistake in the Zoning Map. The surrounding area is primarily zoned AR and AC, with BG zoning along Route 1 and six parcels zoned IL or IG within a half mile of the subject site. The parcel directly to the north of this site is zoned BG, contains approximately 19.47 + acres, and remains undeveloped. In addition, there are two parcels totaling 2.96 + acres fronting Route 1 directly across from the subject site that are zoned BG and remain undeveloped. The character of the surrounding area is predominantly agricultural and low density residential with some small-scale businesses utilizing a portion of the existing inventory of commercial land along Route 1. The landscape and physical character of the area has not changed in use or character to such an extent to grant an additional 4.55 + acres of commercial zoning. B. The new zoning classification conforms to the Comprehensive Plan for Kent County in relation to land use, number of dwelling units or type and intensity of nonresidential buildings and location. The proposed BG zoning district does not conform to the 2018 Comprehensive Plan as the subject site is designated for low density residential uses (Map 7B). Further, the subject site is not designated as a Commercial Area (Map 2A), which focuses on locations best suited for future commercial uses based on existing infrastructure. Although there is some commercial zoning along this Route 1 Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 3 of 7 corridor, it is predominantly vacant or being used residentially and the overall intensity of the area has remained unchanged. The proposed reclassification does not conform to Chapter 2 Economic Development or Chapter 7 Land Use of the Comprehensive Plan. The policy emphasis and recommendations of these chapters focus on the importance of development within incorporated areas as they already have the required infrastructure necessary to support economic development in the County. The specific policy emphasis and recommendations include: • Support the economic development efforts of municipalities including downtown revitalization efforts. • Focus economic development as a whole toward areas where infrastructure exists or is planned for the immediate future. • Create economic centers of business and commerce around existing infrastructure and identify areas designated for industrial and business parks, large scale commercial uses, and neighborhood commercial uses. • Preserve areas for economic development opportunities by focusing on growth in Employment Centers, Commercial Areas, and Industrial Areas. • Develop in areas with adequate infrastructure and public services while protecting the natural resources and rural character of the County. C. Transportation facilities, water and sewerage systems, storm drainage systems, schools and fire suppression facilities adequate to serve the proposed use are either in existence or programmed for construction. The subject site does not fall within the designated Master Plan area where transportation facilities, water and sewerage systems, storm drain systems, and fire suppression facilities are available or planned. The subject site is located along the Route 1 corridor between two major transportation infrastructure investments, the South Frederica and Thompsonville intersections. The site has frontage on Old Cemetery Road, which is a secondary road. In a letter dated August 16, 2019, DelDOT advised that Old Cemetery Road would have to be realigned and widened to accommodate the site’s proposed trip generation, which is part of the land development proposal that has not yet been submitted to Kent County Planning. Although this application is for rezoning and not land development, it is worth mentioning that acceleration and deceleration lanes on Route 1 leading to/from the realigned Old Cemetery Road would be required, and the existing Route 1 medians would require channelization and would be closed. In addition, as part of a transportation study currently being Staff Recommendation Report CZ-20-03 Ching, LLC October 1, 2020 Page 4 of 7 conducted in this area, there is potential that access to the subject site will eventually be from a contemplated service/access road, which would be set back an adequate distance from Route 1 to provide ample storage space for traffic queuing along Old Cemetery Road. Kent County Public Works has completed a feasibility study for the subject site. However, the applicant has not petitioned the Levy Court for inclusion in the Kent County Sanitary Sewer District, and the subject site currently does not have access to central water service. D. There is compatibility between the uses of the property as reclassified and the surrounding land uses, so as to promote the health, safety and welfare of present and future residents of the county. There is little compatibility between the uses of the property as reclassified as the subject site is located within a predominantly low-density area with agricultural and residential uses. The zoning map is misleading as it gives the impression that commercial zoning equates to commercial use. Although there are commercially zoned properties along Route 1 in the surrounding area, there is a substantial inventory of vacant and undeveloped commercial land in this vicinity, and the few commercial uses that do exist trend towards smaller businesses. The majority of new commercial development and infrastructure are located closer to the municipalities to the north and south. If reclassified to commercial and developed as such, there will be an impact to the rural character of the surrounding area that exists. II. BACKGROUND INFORMATION: • The applicant is requesting an amendment to the Comprehensive Plan Future Land Use Map to revise the area of petition (4.55 + acres) from low density residential to highway commercial and rezone from AR to BG. • The subject site is comprised of three contiguous parcels. Parcels 4400 and 4403 are currently being used residentially. Parcel 6700 is undeveloped and almost entirely covered in forested freshwater wetlands. In addition to wetlands, all three parcels are impacted by a blue line stream. Given the size of the parcels, the building setbacks, the environmental impacts from the wetlands and stream, and the buffers required to protect these areas, there is a limited building envelope for commercial development. • The Office of State Planning and Coordination reviewed the application through the PLUS process on June 24, 2020. Their review includes recommendations from state agencies, including DelDOT, DNREC, the State Historic Preservation Office, and the Department of Agriculture. The PLUS report indicates that this project is located in an Investment Level 3 area where growth is anticipated by local, county, and State plans in the longer term future, or areas that may have environmental or other constraints to development.
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