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
REGIONAL PLANNING COMMISSION RECOMMENDATION REPORT July 1, 2021
Ordinance : LC21-10
Application # & Name : CZ-21-03 MKJ Properties, LLC
Present Zoning / : AC (Agricultural Conservation) / Comp Plan Map Designation : Low Density Residential
Proposed Zoning / : BN (Neighborhood Business) / Comp Plan Map Designation : Neighborhood Commercial
Relation to Growth Zone : Inside
Area and Location : 9.52 ± acres located on the north side of Irish Hill Road, approximately 1,121’ west of Almond Way and approximately 5,695’ east of Sanbill Lane, at the intersection of Peachtree Run, east of Viola.
I. STAFF RECOMMENDATION:
Based on the information presented, the Kent County Code, and the Comprehensive Plan, Staff recommends APPROVAL of the request to amend the Zoning Map and Comprehensive Plan Future Land Use Map. The following are the findings of fact for Staff’s recommendation of approval:
• The property is currently zoned AC and is located within the Growth Zone Overlay District.
• The Future Land Use Map (7-B) of the 2018 Kent County Comprehensive Plan indicates that the subject site be utilized for low-residential purposes. However, the Land Use Strategy Map (7-C) reflects a long term development strategy where specific mixed use, higher density, commercial, industrial, and employment center development could be supported, provided it is in keeping with the character of the area and adequate infrastructure is in place or planned to serve it. Map 7-C recommends Neighborhood Commercial use for the subject site. The Land Use Chapter of the Comprehensive Plan states the following:
Rezoning applications in keeping with the descriptions of these areas would be considered compliant with the Comprehensive Plan and should be supported. While the Regional Planning Commission and Levy Court should use Map 7-C as a guide in KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible)
RPC Recommendation Report CZ-21-03 MKJ Properties, LLC July 1, 2021 Page 2 of 4
evaluating applications for rezoning, the standards included in the Zoning Ordinance regarding compatibility with surrounding land uses and availability of infrastructure remain in effect and should have equal weight in rezoning property.
• The proposed re-zoning does meet the conditions for approval of a zoning change under Section 205-408 B 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. As part of the 2018 Comprehensive Plan, the County designated strategic areas for long-term development where commercial uses could be supported. Based on the significant single-family development of this area, this parcel was designated for neighborhood commercial use to support and complement the surrounding residential uses.
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 BN zoning district does conform to the Land Use Strategy Map of the 2018 Comprehensive Plan, which outlines a long term development strategy where commercial uses may be supported. Further, the parcel is located inside the Growth Zone which “encompasses an area that Kent County has determined new development should be encouraged”, according to Kent County Code Section 205-397.2(A)(1).
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.
Transportation Facilities: The subject site is located at the intersection of Peachtree Run and Irish Hill Road, both of which are classified by DelDOT as Major Collectors. The Comprehensive Plan defines Major Collectors as those roads that, “provide service to any county seat not on an arterial route, to the larger towns not directly served by higher systems, and to other traffic generators of equivalent intra-county importance such as consolidated schools, shipping points, county parks and important mining and agricultural areas. They have 10 to 12 foot travel lanes, shoulders from 1 to 6 feet on one side of the road, and a minimum AADT of 300 cars”.
Water & Sewerage Systems: The subject site is located within the Kent County Sewer District (KCSDD 1), and central water service is available from Tidewater Utilities.
Storm Drainage Systems & Fire Suppression Facilities: Any new project would need to be reviewed by the Kent Conservation District for stormwater impact and by the State Fire Marshall for fire suppression 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.
RPC Recommendation Report CZ-21-03 MKJ Properties, LLC July 1, 2021 Page 3 of 4
There would be compatibility between the uses of the property as reclassified and the surrounding land uses that would promote the health, safety, and welfare of present and future residents of the County. Neighborhood commercial zoning would allow smaller scale nonresidential uses such as general retail shopping and personal services that would be compatible with the surrounding residential uses. Neighborhood commercial uses are meant to complement and support residential developments, and should not adversely impact the low-density residential nature of the area.
• The Delaware Department of Transportation has criteria that Traffic Impact Studies (TIS) are warranted for developments generating more than 500 vehicle trip ends per day, or 50 vehicle trip ends per hour in any hour of the day. If the County approves this rezoning, DelDOT will revisit the need for a TIS when a land development plan is proposed.
II. BACKGROUND INFORMATION:
• The irregular shaped parcel is approximately 9.52 + acres, and is currently unimproved. The three-sided parcel is bounded on the east and west by Peachtree Run and on the south by Irish Hill Road.
• The subject site is located within the Growth-Zone Overlay District.
• The character of the surrounding area is residential and agricultural in nature. Located across the western portion of Peachtree Run, there is an active farm field which received preliminary approval in 2020 for a 289-lot residential subdivision called Knollwood, and the Woodfield residential subdivision consisting of 295 single-family lots. Located across the eastern portion of Peachtree Run is the Reserve at Chestnut Ridge residential subdivision consisting of 204 single-family lots. Across Irish Hill Road, there is an active farm, several single family homes, and three phases of the Pinehurst residential subdivisions consisting of a total of 257 single- family lots.
• There is no history of rezoning applications in the surrounding area.
• Pursuant to Kent County Code Section 205-408(C), the applicant notified by certified mail all property owners within 200’ of the limits of the subject property of the proposed rezoning application. In addition, the public hearing was advertised in the Delaware State News and via a sign placed on the property. Based on these public notifications, the Planning Department received one letter in favor of the application and 19 letters/emails in opposition as of 6/23/21.
• On May 26, 2021, a community meeting was held by the owner and their engineer with the public to discuss this rezoning proposal.
III. AGENCY COMMENTS:
A. DELAWARE DEPARTMENT OF TRANSPORTATION Contact: Joshua J. Schwartz
RPC Recommendation Report CZ-21-03 MKJ Properties, LLC July 1, 2021 Page 4 of 4
Comments: 1. DelDOT Contract T202004201 [Irish Hill Road, Fox Chase Road to McGinnis Pond Road] is along the property frontage. The land development shall comply with the project scope.
2. The project shall submit Record and Entrance Plans to be reviewed and approved by DelDOT Subdivisions.
B. KENT COUNTY DEPARTMENT OF PUBLIC WORKS Contact: Andrew Riggi, P.E.
Requirement & Source: 1. The property is located in the Kent County Sewer Disposal District No. 1 and public sewer is available for connection.
2. The property was provided Kent County sewer service through the Double Run Public Works Agreement. Aid-in-Construction Fees (AIC) will be required for the number of Equivalent Dwelling Units (EDUs) in excess of the 20 EDUs, allotted in the Public Works Agreement. The current AIC rate is $5,882.80 per EDU and is due at the time the commercial sewer permit application along with the commercial permit fee and impact fees.
Comment: 1. The Engineering Division has no objection to the proposed rezoning.
This recommendation is offered without the benefit of public testimony and is based on the information presented when the application was received by the Department of Planning Services. The Regional Planning Commission shall give considerable weight to public testimony received during public hearing in considering its recommendation to Levy Court in this matter.
ENC: Ordinance LC21-10 Data Sheet Exhibit A – Location and Zoning Map Exhibit B – Comprehensive Plan Map Exhibit C – Rezoning Area Support Facilities Request Response from DelDOT dtd. 4/29/21 Letter in Favor (1) Letters/Emails in Opposition (22)
INTRODUCED BY: Eric Buckson DATE INTRODUCED: May 11, 2021 REINTRODUCED: June 8, 2021 PUBLIC HEARING DATE: July 27, 2021 PUBLIC HEARING TIME: 7:00 P.M. ADOPTION DATE: EFFECTIVE DATE:
ORDINANCE LC21-10
An Ordinance to amend the Comprehensive Plan Map Designation and the Official Zoning Map of Kent County, Delaware pursuant to the provisions of Kent County Code, Vol. II, Chapter 205 Zoning, Article III, Section 205-8 and Section 205-9, and Article XXVIII (changes and amendments) effective December 01, 2000, as amended.
WHEREAS, on the 14th day of April, 2021 an application was filed by property owner of record known as MKJ Properties, LLC, for rezoning of Tax Parcel; NM-00-111.00-02- 46.00/000; which application has been designated as Application No. CZ-21-03 and,
WHEREAS, a Public Hearing will be scheduled before the Regional Planning Commission and
WHEREAS, a Business Meeting will be scheduled before the Regional Planning Commission beginning and
WHEREAS, a Public Hearing will be scheduled before the Levy Court.
NOW, THEREFORE, THE LEVY COURT OF KENT COUNTY, DELAWARE, HEREBY ORDAINS:
Section 1. The Comprehensive Plan Map for Kent County, Delaware is hereby amended by revising the land use designation for Tax Parcel; NM-00-111.00-02- 46.00/000; from Low Density Residential to Neighborhood Commercial. The referenced Tax Parcel forms the area of 9.52 Acres +/- of land located on the north side of Irish Hill Road and the west side of Peachtree Run, east of Viola.
Ordinance LC21-10 Reintroduced 6/8/21 Page 2
Section 2. That the Official Zoning Map of Kent County, Delaware is hereby amended by rezoning Tax Parcel; NM-00-111.00-02-46.00/000; from AC (Agricultural Conservation) to BN (Neighborhood Business). The referenced Tax Parcel forms the area of 9.52 Acres +/- of land located on the north side of Irish Hill Road and the west side of Peachtree Run, east of Viola.
Section 3. The provisions of this Ordinance are severable and if any of its provisions or any sentence, clause, or paragraph or the application thereof to any person or circumstance shall be held unconstitutional or violative of the Laws of the State of Delaware by any court of competent jurisdiction, the decision of such court shall not affect or impair any of the remaining provisions which can be given effect without the invalid provision or application.
ADOPTED BY THE LEVY COURT OF KENT COUNTY, DELAWARE
______President, Kent County Levy Court This ______day of July 2021
ATTEST: ______Clerk of the Peace
Synopsis: This ordinance revises the Comprehensive Plan Map land use designation, and the Official Zoning Map for Tax Parcel NM-00-111.00-02-46.00/000; for Commercial development.
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
DATA SHEET FOR ZONING MAP AMENDMENT
Regional Planning Commission Public Hearing of: Thursday, July 1, 2021
Regional Planning Commission Business Meeting of: Thursday, July 8, 2021
Levy Court Public Hearing of: Tuesday, July 27, 2021
Ordinance # : LC21-10
Application # and Name : CZ-21-03 MKJ Properties, LLC
Applicant / Owner : MKJ Properties, LLC c/o John Forest 37 Marions Way, Felton, DE 19943
Engineer : Becker Morgan Group Attn: J. Michael Riemann 309 S. Governors Ave., Dover, DE 19904
Present Zoning / Comp Plan Map Designation : AC (Agricultural Conservation) / Low Density Residential
Proposed Zoning / Comp Plan Map Designation : BN (Neighborhood Business) / Neighborhood Commercial
Relation to Growth Zone : Inside
Levy Court District : 5th - Sweeney
School District : Caesar Rodney
Fire District : Felton
Area and Location : 9.52 ± acres located on the north side of Irish Hill Road and on the west side of Peachtree Run, east of Viola.
Kent County Property Identification Number : NM-00-111.00-02-46.00-000
KENT COUNTY COMPLEX 555 Bay Road Dover, DE 19901 (Handicapped Accessible)
Kent County LOCATION AND ZONING MAP Levy Court Application: CZ-21-03 Exhibit A MKJ Properties, LLC
APPLICANT/ OWNER: MKJ Properties, LLC MAGNOLIA PRESENT COMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential PEACHTREE RUN WOODLEYTOWN RD PRESENT ZONING DISTRICT: AC (Agricultural Conservation)
PROPOSED ZONING DISTRICT: BN (Neighborhood Business)
PRESENT USE: Vacant
LEVY COURT DISTRICT: 5TH - Sweeney IRISH HILL RD TAX MAP NO: NM-00-111.00-02-46.00-000
LOCATION: 9.52 ± acres located on the north side of Irish Hill Road and on the west side of Peachtree Run, east of Viola. SUBJECT SITE Kent County COMPREHENSIVE PLAN MAP Levy Court Application: CZ-21-03 Exhibit B MKJ Properties, LLC
APPLICANT/ OWNER: MKJ Properties, LLC MAGNOLIA PRESENT COMPREHENSIVE PLAN MAP DESIGNATION: Low Density Residential PEACHTREE RUN PRESENT ZONING DISTRICT: AC (Agricultural Conservation)
PROPOSED ZONING DISTRICT: WOODLEYTOWN RD BN (Neighborhood Business)
PRESENT USE: Vacant
LEVY COURT DISTRICT: 5th - Sweeney
TAX MAP NO: IRISH HILL RD NM-00-111.00-02-46.00-000
LOCATION: 9.52 ± acres located on the north side of Irish Hill Road and on the west side of Peachtree Run, east of Viola. . SUBJECT SITE Application: CZ-21-03 Exhibit C MKJ Properties, LLC PRESENT ZONING: AC PROPOSED ZONING: BN
REZONING AREA