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November 30,2020
Christopher Duke Becker Morgan Group, Inc 100 Discovery Blvd Newark, DE 19713
RE: PLUS review 2020-10-05; Winchelsea Subdivision
Dear Mr. Duke,
Thank you for meeting with State agency planners on October 28,2020 to discuss the Winchelsea Subdivision project. According to the information received, you are seeking review of a proposed rezoning of 132.3 acres from S to ST and a proposed site plan for 336 residential units along Jamison Corner Road in New Castle County.
Please note that changes to the plan, other than those suggested in this letter, could result in additional comments from the State. Additionally, these comments reflect only issues that are the responsibility of the agencies represented at the meeting. The developers will also need to comply with any Federal, State, and local regulations regarding this property. We also note that as New Castle County has governing authority over this land the developers will need to comply with any and all regulations/restrictions set forth by the County.
Strategies for State Policies and Spending o This project is located in Investment Levels I and2 according to the Strategies for State Policies and Spending. Investment Level I reflects areas that are already developed in an urban or suburban fashion, where infrastructure is existing or readily available, and where future redevelopment or infill projects are expected and encouraged by State policy. Investment Level 2 reflects areas where growth is anticipated by local, county, and state plans in the near term future. State investments will support growth in these areas.
Code Reo ents/Asencv Permittins Requirements Denartment of Transnortation - Bill Brockenbroush 7 6O-2lOq
a This project is located within the regulated airspace zones of Summit Airport (EVY), which is a public-use facility. Federal Aviation Regulation (FAR) Part77 imposes height restrictions on any structures within these zones. DeIDOT requires that the applicant for 122 Martin Luther King Jr. Blvd. South - Haslet Armory . Third Floor . Dover, DE 19901 Phone (302)739-3090' Fax (302) 739-5661,. www. stateplanning.delaware.gov PLUS review 2020-10-05 Page2 of II
this project submits a "Proposed Construction/Alteration in Airport Zones Notification Form" in accordance with Delaware Code (2 Del. C. $ 602).
This notification form can be submitted during the plan approval process with the local land use jurisdiction, but DeIDOT's Office of Aeronautics is willing to test hypothetical height numbers to prevent any future project complications. Please contact Mr. Sam Sherman with the Office of Aeronautics at (302) 760-2145 or [email protected] with any questions or concerns. A copy of the notification form can be found at this address:
pdf?0 12913
a The site access on Jamison Corner Road Qrlew Castle Road 413) and the internal subdivision streets must be designed in accordance with DeIDOT's Development Coordination Manual. A copy of the Manual is available at https://www.deldot.gov/Business/subdivisions/index.shtml?dc:changes.
a Pursuant to Section 1.3 of the Manual, a Pre-Submittal Meeting is required before plans are submitted for review. The form needed to request the meeting and guidance on what will be covered there and how to prepare for it is located at httn ://www.deldot. sov/Business/subdi vi Request Form.odf?0 80220 | /. The meeting held on May 26,2020, was not sufficient in this regard
o Section 1.7 of the Manual addresses fees that are assessed for the review of development proposals. DeIDOT anticipates collecting the Initial Stage Fee when the record plan is submitted for review and the Construction Stage Fee when construction plans are submitted for review.
a Per Section 2.2.2.1of the Manual, 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. The PLUS application states that the proposed development would generate 2,282 vehicle trip ends per day on weekdays. Preliminarily, DeIDOT calculates a higher value, 2,905 vehicle trip ends per day but, regardless, a TIS is warranted.
DeIDOT acknowledges that a TIS waiver was processed in about 2010 for an earlier development proposal of the same name on the subject lands. See the attached letter dated June 15,2010. However, that waiver is now outdated by events, most prominently the construction of US Route 301 as an expressway, a project for which an alignment had not been selected in 2010.
In2014, Winchelsea,LLc agreed to participate in the Southern New Castle County Transportation Improvement District (TID) and thereby agreed to pay a fee per building permit rather than building off-site improvements identified through a TIS. A copy of their agreement is attached. The developer may contact Ms. Sarah Coakley, a Principal PLUS review 2020-10-05 Page3ofll
Planner in DeIDOT's Statewide & Regional Planning Section as needed regarding this process. Ms. Coakley may be reached at [email protected] or (302) 760- 2236.
As a matter of information, the TID was formed in2014, when most developers in the area entered these agreements. The TID extends from the Chesapeake and Delaware Canal to Marl Pit Road (I.{ew Castle Road 429) and from US Route 13 to the railroad line. The collected fees are used to help fund transportation improvements within the TID boundaries.
a Section 3.2.4.1 of the Manual addresses the placement of right-of-way monuments (markers) along subdivision streets. DeIDOT will require that monuments be furnished and placed along the proposed streets in accordance with this section.
o Section 3.2.4.2 of the Manual addresses the placement of right-of-way monuments (markers) along the roads on which a property fronts, in this case Jamison Corner Road Monuments sufficient to re-establish the permanent rights-of-way after the dedication discussed below should be shown on the plan and provided in the field in accordance with this section.
a As necessary, in accordance with Section 3.2.5 andFigure 3.2.5-aof the Manual, DeIDOT will require dedication of rightof-way along the site's frontage on Jamison Road. By this regulation, this dedication is to provide a minimum of 40 feet of right-of- way from the rightof-way centerline. The following right-of-way dedication note is required, "An X-foot wide right-of-way is hereby dedicated to the State of Delawareo as per this plat."
In accordance with Section 3.2.5.I.1 of the Manual, if this development is proposing a neighborhood sign/structure, then a permanent easement shall be established at the entrance. The easement shall be located outside of any existing and/or proposed righfof- way. It will also need to be verified that the sign/structure does not pose a sight distance andlor safety hazard.
a In accordance with Section 3.2.5.1.2 of the Manual, DelDoT will require the establishment of a l5-foot wide permanent easement across the property frontage on Jamison Corner Road. The location of the easement shall be outside the limits of the ultimate righrof-way. The easement area can be used as part of the open space calculation for the site. The following note is required, "A l5-foot wide permanent easement is hereby established for the State of Delawareo as per this plat."
a In accordance with Section 3.4 of the Manual, a record plan shall be prepared prior to issuing "Letter of No Objection". The following information will be required for the "Letter of No Objection" review:
o Initial Stage Fee Calculation Form PLUS review 2020-10-05 Page4ofl1
o Initial Stage Review Fee o Gate-Keeping Checklist - Site Plan o Design Checklist - Record Plan o Sight Distance Spreadsheet o Owners and Engineers' name and e-mail address o Record Plan o Conceptual Entrance Plan o Submission of the Area-Wide Study Fee (If applicable)
a Refening to Section 3.4.2.1 of the Manual, the following items, among other things, are required on the Record Plan:
o A Traffic Generation Diagram. See Figure 3.4.2-a for the required format and content.
o Depiction of all existing entrances within 450 feet of the proposed entrance.
o Notes identifring the type of off-site improvements, agreements (signal, letter) contributions and when the off-site improvements are warranted.
a Section 3.5 of the Manual provides DeIDOT's requirements with regard to connectivity The requirements in Sections 3.5.1 through 3.5.3 shall be followed for all development projects having access to state roads or proposing DeIDOT maintained public road for subdivisions. The proposed connections to Bayberry North and Bayberry Town Center are appropriate in this regard.
a As per the Delaware Strategies for State Policies and Spending, this development is in Investment Levels I and2. Referring to Section 3.5.4.2.A of the Manual, developments in Level I and2 Areas are required to install a sidewalk or Shared Use Path along the length of their frontage. The Shared Use Path along Jamison Corner Road has been completed by DeIDOT but the plan accompanying the PLUS application appears to show the internal sidewalks, on both sides of the street, stopping short of that path. The sidewalks should be shown as connecting. Similarly, the plan should show sidewalks extending to Bayberry North and Bayberry Town Center and a note on the plan should provide for their extension to meet the existing sidewalk in Bayberry North.
Because the proposed development is to be constructed in the proximity of a road with a functional classification of principal arterial, freeway or interstate, specifically the US Route 301 expressway, the developer may be required to perform a noise analysis in accordance with DeIDOT's Noise Policy, found in Section 3.6 of the Manual and may be required to provide noise abatement for residents based on that analysis.
a In accordance with Section 3.8 of the Manual, storm water facilities, excluding filter strips and bioswales, shall be located a minimum of 20 feet from the ultimate State righf of-way along Jamison Corner Road. PLUS review 2020-10-05 Page5ofl1
a Refening to Section 4.3 of the Manual, an entrance plan shall be prepared prior to issuing entrance approval. The following information will be required for Entrance Plan review:
o Construction Stage Fee Calculation Form o Construction Review Fee o Gate-Keeping Checklist - Entrance Plan o Design Checklist - Entrance Plan o Auxiliary Lane Spreadsheet o Entrance Plan o Pipe/Angle Spreadsheet (If applicable) o SWM Report and Calculations (If applicable)
a In accordance with Section 5.2.5.6 of the Manual, Turning Movement Diagrams shall be provided to verifu vehicles can safely enter and exit the site entrance. As per Section 5.2.3 of the Manual, the entrance shall be designed for the largest vehicle using the entrance.
a In accordance with Section 5.2.9 of the Manual, the Auxiliary Lane Worksheet should be used to determine whether auxiliary lanes are warranted at the site entrance and how long those lanes should be. The worksheet can be found at https ://www.deldot. govlBusinessisubdivisions/index. shtml.
a In accordance with Section 5.4 of the Manual, sight distance triangles are required and shall be established in accordance with American Association of State Highway and Transportation Officials (AASHTO) standards. A spreadsheet has been developed to assist with this task. It can be found at https ://www. deldot. gov/Business/subdivisions/index. shtml.
a In accordance with Section 5.14 of the Manual, all existing utilities must be shown on the plan and a utility relocation plan will be required for any utilities that need to be relocated.
Section 7.7.2 of the Manual addresses the need to provide 20-foot wide drainage easements for all storm drainage systems, open or closed, that fall outside the existing right-of-way or the drainage/utility easement. In accordance with this section, metes and bounds and total areas need to be shown for any drainage easements. The easements should be shown and noted on the record plan. PLUS review 2020-10-05 Page6ofll
an Control - Concerns Within the Footorint
Stormwater Management This project/site has met the minimum threshold of 5000 square feet of land disturbing activity under the DNREC Sediment and Stormwater Program.
o A Sediment and Stormwater Plan must be developed, then approved by the appropriate plan review agency prior to any land disturbing activity taking place on the site. For this project, the plan review agency is the New Castle County Department of Land Use.
a Additionally, construction activities that exceed 1.0 acre of land disturbance require Construction General Permit coverage through submittal of an electronic Notice of Intent for Stormwater Discharges Associated with Construction Activity. This form must be submitted electronically (https://apps.dnrec.state.de.us/eNOl/default.aspx) to the DNREC Division of watershed Stewardship, along with the $195 fee.
Schedule a project application meeting with the appropriate agency prior to moving forward with the stormwater and site design. As part of this process, you must submit a Stormwater Assessment Study.
o Plan review agency contact: New Castle County Department of Land Use at (302) 395- 5400. Website : https ://nccde. org/ 1 74lland-Use
a General stormwater contact: DNREC Sediment and Stormwater Program at (302) 739- 9921 . E-mail : DNREC. Stormwater@delaware. gov. Website: http:/hwvw.dnrec.delaware.gov/swc/Pages/SedimentStormwater.aspx.
Water Resources Protection Area This project contains lands designated as a Water Resource Protection Area,located on the southeast portion of this site. This is the surface and subsurface area surrounding a water well, or a public water supply wellfield. Contaminants have the potential to reach the water supplies in these areas.
a The applicant must comply with all County and municipal codes that affect public drinking water supply Wellhead Protection Areas.
o Contact: DNREC Source Water Assessment and Protection Program at (302) 139-9945 Website: https://dnrec.alpha.delaware.gov/water/supplv/ground-water-protection/ PLUS review 2020-10-05 Page7ofl1
Wastewater permits -Large Systems New Castle County holds existing permits with the DNREC Groundwater Discharges Section's Large Systems Branch.
o It is the responsibility of the permitee to notifiz the Large Systems Branch if the capacity of the rate of wastewater disposal is to be updated.
a Contact: DNREC Large Systems Branch at (302) 739-9948. Website: https ://dnrec.alpha.delaware. gov/water/groundwater/
Delaware State Marshall's Office - Contact Rudd 739-4394
At the time of formal submittal, the applicant shall provide; completed application, fee, and three sets of plans depicting the following in accordance with the Delaware State Fire Prevention Regulation:
Fire Protection Water Requirements: o Where a water distribution system is proposed for torarnhouses it shall be capable of delivering at least 1000 gpm for l-hour duration, at 20-psi residual pressure. Fire hydrants with 800 feet spacing on centers are required. In the areas of single family dwellings, it shall be capable of delivering at least 500 gpm for 1-hour duration, at 20-psi residual pressure and fire hydrants with 1000 feet spacing on centers are required. o The infrastructure for fire protection water shall be provided, including the size of water mains.
Fire Protection Features: o For townhouse buildings and twin-unit type dwellings , provide a section I detail and the UL design number of the 2-hour fire rated separation wall on the Site plan
Accessibility
a All premises which the fire department may be called upon to protect in case of fire, and which are not readily accessible from public roads, shall be provided so that all buildings on the premises are accessible to fire apparatus. This means that the access roads to the subdivision from Jamison Comer Road and from Plato Place must be constructed so fire department apparatus may negotiate it. If a "center island" is placed at an entrance into the subdivision, it shall be arranged in such a manner that it will not adversely affect quick and unimpeded travel of fire apparatus into the subdivision. Turnabouts (360') and Boulevard medians shall be arranged in such a manner that they will not adversely affect quick and unimpeded travel of fire apparatus through the subdivision. o Fire department access shall be provided in such a manner so that frl.e apparatus will be able to locate within 100 ft. of the front door. PLUS review 2020-10-05 Page8ofll
a The use of speed bumps or other methods of traffic speed reduction must be in accordance with Department of Transportation requirements. The local Fire Chief, prior to any submission to our Agency, shall approve in writing the use of gates that limit fire department access into and out of the development or property
Gas Piping and System Information:
a Provide type of fuel proposed, and show locations of bulk containers on plan.
Required Notes
o Provide a note on the final plans submitted for review to read " All fire lanes, fire hydrants, and fire department connections shall be marked in accordance with the Delaware State Fire Prevention Regulations" o Name of Water Supplier o Proposed Use o National Fire Protection Association (NFPA) Construction Type o For twin-unit type dwelling and townhouses, the 2-hr separation wall detail shall be shown on site plans . Maximum Height of Buildings (including number of stories) o Provide Road Names, even for County Roads
Recomm endations/Additional Inform ation This section includes a list of site specific suggestions that are intended to enhance the project. These suggestions have been generated by the State Agencies based on their expertise and subject area knowledge. These suggestions do not represent State code requirements. They are offered here in order to provide proactive ideas to help the applicant enhance the site design, and it is hoped that the applicant will open a dialogue with the relevant agencies to discuss how these suggestions can benefit the project.
Denartm ent of Transnorta tion - Contact Bill Brockenbroush 76O-2lOq a The applicant should expect a requirement that all PLUS and Technical Advisory Committee (TAC) comments be addressed prior to submitting plans for review.
a The applicant should expect a requirement that any substation and/or wastewater facilities will be required to have access from the internal subdivision streets with no direct access to Jamison Corner Road.
a Please be advised that as of August 1,2015, all new plan submittals and re-submittals, including major, minor and commercial plans, shall now be uploaded via the PDCA (Planning Development Coordination Application) with any review fee paid online via s/PDCA User- Requests User-Lo gin_Proj ect.pdf, PLUS review 2020-10-05 Page9of1l
a Please be advised that the Standard General Notes have been updated and posted to the DeIDOT website. Please begin using the new versions and look for the revision date of October II,2017. The notes can be found at
Deoartment of N Resources and Environmental Control - B Krumrine 735-3480 Concerns Identified Within the Development Footprint
Stormwater Management
o Where the site and soil conditions allow, integrate runoff reduction techniques including infiltration basins, bioretention (rain gardens), filter strips, and pavers to encourage on- site stormwater infiltration and reduce runoff.
o For improved stormwater management, preserve existing trees, wetlands, and passive open space.
General Drainage Recommendations o All existing ditches on the property should be evaluated for function and cleaned, if needed, prior to the construction of the project. Environmental permits or exemptions may be required by the County Conservation District, U.S. Army Corp of Engineers, or the DNREC Sediment and Stotmwater Program prior to clear andlor excavating channels.
o All precautions should be taken to ensure the project does not hinder any off-site drainage upstream of the project or create any off-site drainage problems downstream by the release of on-site storm water.
a Any area designated as a drainage/utility easement should be open space and not owned by the individual landowners.
a Any drainage/utility easement owned by an individual landowner should not possess structures such as decks, buildings, sheds, kennels, or fences within the drainage easement to allow for future drainage maintenance. Trees and shrubs planted within a drainagelutility easement should be spaced to allow for drainage maintenance at maturity
a Contact: DNREC Drainage Program at (302) 855-1930. Website: http://wrvw.dnrec.delaware.gov/swc/Pages/DrainageTaxDitchWaterMgt.aspx PLUS review 2020-10-05 Page 10 of I I
Water Resources Protection Area
o Limit the use of infiltration stormwater practices in areas having high pollutant potential, such as gas stations, industrial sites, and car washes. Infiltration of polluted stormwater into these areas have the potential to contaminate private drinking wells. Sustainable Practices
a Use efficient Energy Star rated products and materials in construction and redevelopment to lessen the power source emissions of the project and costs. Every percentage of energy efficiency translates into a percent reduction in pollution.
a Consider using renewable energy infrastructure for common facilities such as the proposed clubhouse. Solar and/or geothermal can help to reduce energy costs and further reduce pollution created from offsite generation. Energy efficiency upgrades for your project may be eligible for funding through the Division of Climate, Coastal, & Energy. Website: www.de. gov/greenenergy, www.de.gov/eeif.
a Incorporate nonmotorized connectivity and install bicycle racks where feasible to help facilitate non-vehicular travel modes.
o Air pollution from new construction is generated through the use of maintenance equipment, paints, and consumer products like roof coatings and primers. Use of structural paint coatings that are low in Volatile Organic Compounds will help protect air quality.
a The applicant should consider the use of recycled materials, such as reclaimed asphalt pavement, to reduce landfill waste, heat island effects on paved surfaces, and pavement costs.
o DNREC reviewers recommend planting open space with native trees and plants. Native plants are well-suited to our climate and require limited maintenance. They also provide an increasingly important role in the survival of native birds and beneficial insects whose habitat is shrinking due to development and climate change.
a In general, grass cutting for open space should not occur between April l't to July 3l't to reduce impacts to nesting birds and other wildlife species thatutilize meadows and grasslands for breeding habitat.
State Historic Preservation Office - Contact Carlton Hall 736-7400 o Prehistoric archaeological potential is low. While the entire parcel is well-drained, prime farmland, the closest water is Scott Run (over 200m away from most of the parcel). There are many comparable archaeological sites around Scott Run but most of the parcel is too far away. PLUS review 2020-10-05 Page 11 of11
a Historical archaeological potential is low. It appears to be across the road from the historical Jamison farmstead (still there), Beers and Hopkins show nothing across from it. Aerials and topos show nothing either.
Delaware State Fire Marshall's Office - Contact John Rudd 739-4394
o Although not a requirement of the State Fire Prevention Regulations, the Ofhce of the State Fire Marshal encourages home builders to consider the benefits of home sprinkler protection in dwellings. The Office of the State Fire Marshal also reminds home builders that they are obligated to comply with requirements of Subchapter III of Chapter 36 of Title 6 of the Delaware Code which can be found at the following website: http ://delcode.delaware. gov/title6/c03 6isc03lindex. shtml
a Preliminary meetings with fire protection specialists are encouraged prior to formal submittal. Please call for appointment. Applications and brochures can be downloaded from our website : www.statefiremarshal.delaware. gov, technical services link, plan review, applications or brochures.
Delaware Transit Corporation (DTC) - Contact: Jared Kauffman 576-6062 o DTC recommends sidewalks on both sides of proposed roadway should connect with the shared use pathway along Jamison Comer Road.
Following receipt of this letter and upon filing of an application with the local jurisdiction, the applicant shall provide to the local jurisdiction and the Office of State Planning Coordination a written response to comments received as a result of the pre-application process' noting whether comments were incorporated into the project design or not and the reason therefore.
Thank you for the opportunity to review this project. If you have any questions, please contact me at 302-739-3090.
Sincerely,
d =h+d {-*--t-*
Constance C. Holland, AICP Director, Office of State Planning Coordination
CC: New Castle County
Attachment Tax Parccl No.: l3-013.00-235 Subdivision No.: ilil ililill "ll[l l!|l{lllllxt |lllt ilil I ill Prepared by/Return To: Delaware Department of Transportation iy6ie,V;#itW*un' Division of Planning tli'Eii,i; 800 Bay Road, P.O. Box 778 fft#l!!i*,r,r. Dover, DE 19901
$outhern New Castle Countv Transportation Imnrovement District Infrastructure Recoupment Agreement
This Infrastructure Recoupment Agreement is madeas of this &-Ou, or -AyruSf ,2014, by and between the Delaware Depaftment of Transportation (hereinafteT[ferr"d to as "DelDOT'), New iastle ,,NCC"), County, a municipal corporation of the State of Delaware (hereinafter referred to as and ,.property Winchelsea, LLC, its heirs, successors and assigns (hereinafter referred to as Ownef'). WI NESS ETH:
WHEREAS, a series of various residential, commercial and other projects and developments are currently in the planning, subdivision approval or construction stage in the area of New Castle County, Delaware (hereinafter referred to as "County") south of the Chesapeake and Delaware Canal; and
WHEREAS, a Memorandum of Agreement dated on or about September 27,2006 between DelDOT, NCC, Delaware Office of State Planning Coordination, the Appoquinimink, Colonial, and Smyrna Schooi Districts, the Towns of Middletown, Odessa, and Townsend, and thc Wilmington Area elanning Council (hereinafter referred to as "WfLMAPCO") established a framework to coordii-rate land use approvals and transportation improvements in this specific area of County south of the Chesapeake and Delaware Canal; and
WHEREAS, DeIDOT and NCC in overseeing the coordination of land use and transportation require construction of various transportation improvements relating to the various anticipated land development projects in accordance with ritle 17, clrapter 5, $ 503 of the Delaware code; and
WHEREAS, DeIDOT and NCC have established a Southern New Castle County Transportation Improvement District (hereinafter referred to as "SNCC TID'), as referenced in Section 40.1Ll2fC of the New Castle County Code, and described in Section I of this agreement and shown on Exhibit.,A,,; and ,,Other WHEREAS, the Property Owner, together with other property owners (hereinafter referred to as Property Owners") in the SNCC TID, will all benefit from the planned transportation improvements; and
WHEREAS, DeIDOT shall set up a fund (hereinafter referred to as the "SNCC TID Fund,,) to help fund the planned transportation improvements in lieu of preparing a traffic impact study and either phaslng its project or constructing offsite transportation improvementr; ana
WHEREAS, the Property Owner is willing to contribute to the SNCC TID Fund in recognition of the benefits the new transportation improvements will bring thcir properfy, and in order tJ immediately proceed with the construction and development of their properly; and
WIIEREAS, said property is located al 1042 Jamison Colrrer Roacl, New Castle County, Delaware, being Tax Parcel No(s). l3-013.00-235, consisting of 132.18 acres, more or less, as showu on Exhibit..l.-i (hereinafter relerred to as the "Property',) t5 SNCC TID Agreement page 1of 9 Winchelsea STATE oF DELAIIVARE Depanrm ENT oF TRANgp.oRTATTaN 8oo BAY RoAD P.O. Box 77A DovER, DSLAWARE t9903 CaRoLANN WtcKs, p.E. SEcRETARY .lune I -5. 201 0
Mr. John P. Janowski Transportation Planner New Castle County Department of Land Use 87 Reads Way New Castle,DE 19720
Dear Mr. Janowski
We are writing in response to a January 26,2009, letter that you sent to Mr. Richarcl Woodin, of Woodin * Associates, regarding the proposed Winchelsea development, New Castle County Application No. 2008-0625-5. Mr. Woodin had previously written to the Courty requesting a Traffic Impact Study (TIS) waiver for the development under Section 40.1 1.121(C) of the County's Unified Development Code (UDC). The plan has been revised since your letter to Mr. Woodin, but cunently the development, when fully developed, would consist of l8l single-family detached houses, 44 twin houses, 134 townhouses and 154 apartments.
By copy of your letter, you asked us two questions. First, you asked whether we "concur with the location of this proposed development in relation to a TID fTranspo(ation Improvemenr District] or similarly identified atea." We do. This development is located in the area acldressecl by the Southern New Castle County Transportation Study and meets our criteria for a TIS waiver due to location within a TID, found in Section 2.3.4 of DeIDOT's Standards and Regulations for Subdivision Streets and State Highway Access.
Second, you asked whether the Level of Service (LOS) criteria in UDC Section 40.11.210 will be met. Briefly, with appropriate phasing, the criteria can be met. As you may recall, my February 2,2009 letter (copy enclosed) addressed this matter in detail and identified two intersections that required further evaluation to determine necessary phasing. Those intersections are Delaware Route 896 and Jamison Comer Road ancl Route 896 and Cedar Lane Road. Presently they are a pair of T intersections, offset by about 375 feet, DeIDOT plans to realign Jamison Corner Road opposite Cedar Lane Road and add turning lanes op both approaches. When that is done, the resulting intersection will operate at LOS D or better for some time. What is required is a determination of how many dwellings can be permitted on the subject property before that realignment must be done.
&roor= Mr. John P. Janowski June 15,2010 Page 2 of 5
On February 12,2009, you participated in a scoping meeting for a Traffic Operational Analysis (TOA) intended in part to address this matter, A copy of the minutes is enclosecl. On February 20, 2009, you wrote to me for clarification on several points and I respolcJecl on February 26,2A09. Copies of these letters are also enclosed. On July 29,2009, you participarccl in a meeting wherein the scope of the TOA was revised. Again, u of tirose minutes is enclosed. "opy
On February 75,2010, the developer's traffic consultant, Mr. Stephen Raign of Kercher Engineering, Inc. (KEI), sent me a TOA. As part of that TOA, traffic at tire subject intersections was projected using a method that is logical but that accounts for considerably less committed development traffic in the study area than was contemplated at the two previous scoping meetings. A determination that the UDC concurrency requirements are met requires ttraf tnl County accept the method by which traffic was projected. On Api.l 26,2010, yoir wrote to me communicating your acceptance of that method. Copies of both litters are enclosed. Our review of the analysis and our recommendations regarding winchelsea follow.
Regarding the timing of the intersection realignment, in February 2009 we said that it would occur in Fiscal Year 2012 if funding is available. Accordingly, when we revised the scope of the TOA in July 2009, we changed the future analysis year from 2016 to 2013 and KEI prepared the TOA accordingly. It is entirely possible that the realignment will be done somewhat later. Our present plans, driven largely by preparations for the construction of US Route 301, are to improve the roads in this area in the following order:
l) Jamison Corner Road north of the realignment; 2) Road 4l24 Realignment including Hyetts Corner Roacl west of the Vo-Tech School 3) Jamison Corner Road Realignment; 4) Lorewood Grove Road east of Road 4L2A; 5) Boyd's Corner Road; and 6) Cedar Lane Road.
As scoped in July 2009, the TOA was only to address the feasibility of developing 150 dwellings by 2013. KE[, however, went beyond this scenario to examine conditions in several years, 2009 throughz}ls with as many as 300 dwellings. It appears that they assumed that all of the dwellings would be single-family detached houses. Because townhouses and apartments generate fewer peak hour trips per unit, KEI may have significantly overestimated the site traffic, depending on what housing type their client wants to build first.
As shown in Table I (enclosed) KEI did not examine the site access, but our review found that the site access intersection would operate at acceptable LOS through 2013 with 150 dwellings. While we did not look at any additional cases there, from the work we have done we do not expect LOS at the site access to be a constraint. Mr. John P. Janowski June 15,2010 Page 3 of5
As shown in Table 2 (enclosed) our review found somewhat better LOS than KEI found at the intersection of Route 896 and Cedar Lane Road. Briefly, the LOS there is not a significant constraint' However, the LOS calculations assume adequate turning lane lengths. presently, the queue of westbound through vehicles on Route 896 backs up approximatelylo Jamison Corner Road, such that some westbound left-turn vehicles cannot-reich their lane. Using the 2009 counts, we found that this condition was occurring, on average, once in each peak hour. However, as traffic increases, it will become more frequent. To address this pr-oblem, the realignment must be done, Route 896 must be widened to four lanes, or a right turn lane must be added on northbound Cedar Lane Road. KEI found the northbound right turn lane to be necessary by 2013 due to LOS issues but missed or did not acknowledge the problem with the westbound through queue.
We calculate that in 2013, with 150 dwelling units, the required right turn lane would need to be 330 feet long, excluding the taper. However, as we cannot guarantee that the intersection realignment will be done by 2A1[ and the developer has indicited that they are interested in building more than 150 dwellings before the realignrnent occurs. a lirrger northbound right turn lane would be needed.
As shown in Table 3 (enclosed) our review also found somewhat better LOS than KEI found at the intersection of Route 896 and Jamison Corner Road. However, both we and they found poor LOS on southbound Jamison Corner Road in 2013 if more than 100 dwelling units are developed. KEI found that a southbound right turn lane would need to be installed there to permit fuither development. We found that a smaller improvement, a flared approach, created by increasing the right tum radius on the Jamison Corner Road leg enough to attow both a left turning vehicle and a right turning vehicle to reach the Stop bar at the same time, would be sufficient.
Based on our review of the TOA, we recommend that the developer be required to make or wait for road improvements as follows: l) Construct a 400-foot right turn lane (excluding taper) on northbound Cedar Lane Road. We would encourage the developer to do that by shifting the existing road west consistent with our future plans for this intersection but we are not opposed to their widening to the east if they can obtain the necessary right-of-way.
This improvement should be done before the 61st building permit is issued unless DeIDOT determines that construction of their project to realign Jamison Corner Roacl is imminent. If DeIDOT's Subdivision Engineer makes this determination, the cleveloper should contribute the estimated cost of the construction of the right turn lane toward Mr. John P. Janowski June 15,2010 Page 4 of 5
DeIDOT's realignment project and should be permitted an additional 40 building permits. for a total of 100.
2) Widen southbound Jamison Corner Road at Route 896 such that both a leti tunring -fhis vehicle and a right turning vehicle can reach the Stop bar at the same time. improvement should be done before the l0lst building permit is issued.
In addition to the improvements described above, we recommend that the developer be required to make, participate in, or wait for road improvements as follows. These items are reiterated here, for your convenience, from my February Z,2009,letter.
3) Dedicate lands as necessary to allow for the improvement of Jamison Corner Road along the site frontage.
4) Improve the portion of Jamison Corner Road that is not to be realigned to meet DeIDOT's collector road standards. Depending on the timing of the Baybeny Town Center development and DeIDOT's Jamison Comer Road improvements, the applicant may be required to do some or all of the following things in place of improving the road on its present alignment:
a) Contribute to DeIDOT projects for the improvement of Jamison Corner Road; or b) Phase the development, in a manner acceptable to DelDOT, to coincide with the improvement of Jamison Corner Road by DeIDOT or others. s) Prior to the issuance of building permits, enter into agreements with DelDOT, requiring the funding of installation or modification of traffic signals at the following intersections:
a) Route 896 and Ratledge Road; b) Route 896, Cedar Lane Road and relocated Jamison Corner Road; c) Jamison Corner Road and the site access; d) Route 896 and the Bayberry Town Center driveway corresponding to North Bayberry Parkway; e) Route 896, Milford Drive and relocated Shallcross Lake Road.
6) Prior to the issuance of building permits, enter into agreements with DeIDOT to fund equitable portions of the costs of improving the facilities noted below. This requirement may involve the construction of improvements by the developer, a monetary contribution toward that work, or a combination of both.
a) Delaware Route 896 from a point west of cedar Lane Road to a point east of Milford Drive. Mr. John P. Janowski June 15,2010 Page 5 of5
b) Lorewood Grove Road and New castle Road 4lz| intersection. The improvements should consist of realigning and/or reconstructing the intersection in a manner acceptable to DelDOT.
c) New Castle Road 412A from Hyetts corner Road to Lorewood Grove Road. 'fhe improvements should bring the roads into compliance with DeIDOT collector road standards.
7) As part of the street construction, extend North Bayberry Parkway through the site, consistent with plans for the Village of Bayberry North and Bayberry Town Center, to provide a continuous loop road through the three developments.
8) Provide sidewalks along both sides of all internal streets to encourage walking and to provide access to any future transit service extended to the area. Further, the diveloper shall provide sidewalks or multi-use paths, at DeIDOT's discretion, along the propeity frontage on Jamison Corner Road to connect to developments in the area.
Please contact me at (302) 760-2109 if you have questions concerning rhis correspondence.
Sincerely, r-h{//* Z/{/,/ T. William Brockenbrough, Jr. County Coordinator TWB:km Enclosures cc: Mr. Stephen A, Raign, Kercher Engineering Mr. Bradley P. Herb, Johnson, Mirmiran & Thompson Mr. Theodore G. Bishop, Assistant Director, Development Coordination Mr' Drew A. Boyce, Assistant Director, Project Development North, Division of Transportation Solutions (DOTS) Mr. Donald D. Weber, Chief Traffic Engineer, DOTS Mr. Daren O'Neill, Regional Group Engineer, Project Development North I, DOTS Mr. Mark C. Tudor, Regional Group Engineer, Project Development North lI, DOTS Mr. Mark Luszcz, Assistant Chief Traffic Engineer, DOTS Mr. J. Marc Cot6, Subdivision Engineer Mr. Pao Y. Lin, Subdivision Manager Mr. Troy E. Brestel, Project Engineer Table I PEAK HOUR LEVELS OF SERVTCE (LOS) Winchelsea TOA Prepared by Kercher Engineering, Inc.
I Unsignalized Intersection LOS per TOA LOS per DeIDOT
Jamison Corner Road I Site Access Weekday AM Weekday PM Weekday AM Weekday PM 2013 with development (with I00 units)
Site Access Westbound N/A N/A A (e.0) A (9.5) Cedar Lane Southbound Left-Turn N/A N/A A (7.3) A Q.4\
2013 with development (with 150 units)
Site Access Westbound N/A N/A A (e.2) A (9.3)
Cedar Lane Southbound Left-Turn N/A N/A A (7.4\ A 1.4
I For unsignalized and signalized analyses, the numbers in parentheses following levels of service are average delay per vehicle, measured in seconds. Table2 PEAK HOUR LEVELS OF SERVICE (LOS) Winchelsea TOA Prepared by Kercher Engineering, Inc.
Sienalized fntersectionl LOS per TOA LOS per DeIDOT
Cedar Lane Road / Delaware Route 8962 Weekday AM Weekday PM Weekday AM Weekdav PM 2009 Existine c (33.1) c Q65l c (23.6') B fl4.0)
201 I without development N/A3 N/A3 c (26.s) B Q9.2\
2011 with development of 50 units C Q4,I) c (28.3) c (26.6\ B (19.9)
2011 with development of 75 units N/A3 NIA3 c (26.8) c (20.s)
2012 without development N/A3 N/A3 c (28.8) c(2r.3)
2012 with development of 100 units c (26.7\ c (32.3) c (29.9) ( 22.1)
2012 with development of 100 units and with an exclusive RT lane on Cedar Lane Road C Q4.T\ c (28.8) cQ0.9') c ( 19.0)
2012 with development of 150 units N/A3 N/A3 c (30.2) c (23.6\
2012 with development of 150 units and with an exclusive RT lane on Cedar Lane Road N/A3 N/A3 c (2r.0) B (18.3)
I For unsignalized and signalized analyses, the numbers in parentheses following levels of service are average delay per vehicle, measured in seconds. 2 Forthe analyses performed forthis intersection, the signal timings were based on an optinized 90 seconcl cycle length. t This case is addressed in the text of the Traffic Operational Analysis but no supporting documentation was provided. Table2 (continued) PEAK HoUR LEVELS OF SERVICE (LOS) Winchelsea TOA Prepared by Kercher Engineering, Inc.
I Sienalized fntersection LOS ner TOA LOS ner DeIDOT
Cedar Lane / Delaware Route 8962 Weekdav AM Weekday PM Weekday AM Weekday PM 20 I 3 without development c (34.2) D (39.3) c (28.6) c (22.3)
2013 with development of 100 units c (33.8) D (40.9) c (29.6\ c (23.3)
2013 with development of 100 units and with an exclusive RT lane on Cedar Lane Road C Q95\ D (38.0) B fl6.4) B (r6.2)
2013 with development of 150 units N/A3 NiA3 c (30.7) c (26.2)
2013 with development of 150 units and with an exclusive RT lane on Cedar Lane Road N/A3 N/A3 B 06.6) B (16.s)
2013 with development of 225 units and with an exclusive RT lane on Cedar Lane Road N/A3 N/A3 B fl6.6) B fi6.8)
2014 with development of 200 units and with an exclusive RT lane on Cedar Lane Road c (22.9) D $7.4) c (20.2\ B fl7.5)
2014 with development of 300 units and with an exclusive RT lane on Cedar Lane Road N/A3 N/A3 c Qa.4) B (18.2)
2015 with development of 250 units and with an exclusive RT lane on Cedar Lane Road c (24.8) D (42.1\ c (21.9) c (2r.0)
I For unsignalized and signalized analyses, the numbers in parentheses following levels of service are average delay per vehicle, measured in seconds. 2 For the analyses performed for this intersection, the signal timings were based on an optimized 90 second cycle length. ' This case is addressed in the text of the Traffic Operational Analysis but no supporting documentation was provided. Table 3 PEAK HOUR LEVELS OF SERVICE (LOS) Winchelsea TOA Prepared by Kercher Engineering, Inc.
I Unsisnalized Intersection LOS ner TOA LOS per DeIDOT
Jamison Corner Road / Delaware Route 896 Weekday AM Weekday PM Weekday AM Weekday PM 2009 Existine Delaware Route 896 Eastbound Left-Turn A (8.e) A (e.5) A (8.e) A (e.s) Jamison Corner Road Southbound c (15.6) D (2s.6\ B(t4.r) c (22.3)
2011 with development of 50 units Delaware Route 896 Eastbound Left-Turn A f8.9) A (9.s) A (9.0) A (9.6) Jamison Corner Road Southbound c 08.1) c (24.3\ c ( r6.8) c (23.4J
201 I with development of 75 units Delaware Route 896 Eastbound Left-Turn A (8.e) A (9.5) A (e.0) A (e.6) Jamison Corner Road Southbound c fi9.5) D (2s.0) c ( re.0) I) 15.l)
2012 with development of 100 units Delaware Route 896 Eastbound Left-Turn A (9.0) A (9.7) A (8.e) A (e.8) Jamison Corner Road Southbound c (22.8) D (29.6) c (l9.6) D (28.e)
2012 with development of 150 units Delaware Route 896 Eastbound Left-Turn A (9.0) A (9.7\ A (9.0) A (9.9)
Jamison Corner Road Southbound c (26.9\ D (32.4\ c (22.4) E (3s.3)
2012 with development of 150 units and with an exclusive southbound right-turn lane on Jamison Corner Road Delaware Route 896 Eastbound Left-Turn A (8.8) A (9.7) A (9.0) A (e.e) Jamison Corner Road Southbound c (23.r) c (2s.0) c (r9.3) c (24.s)
I For unsignalizedand signalized analyses, the numbers in parentheses following levels of selvice are average tlelay per vehicle, measured in seconds. Table 3 (continued) PEAK HOUR LEVELS OF SERVTCE (LOS) Winchelsea TOA Prepared by Kercher Engineering, Inc.
! Unsignalized fntersection LOS per TOA LOS per DeIDOT
Jamison Corner Road / Delaware Route 896 Weekday AM Weekday PM Weekday AM Weekday PM
20 1 3 without development Delaware Route 896 Eastbound Left-Turn A (9.1) A (9.8) A (9.0) A (9.8) Jamison Corner Road Southbound c 07.8) E (35.6) B (l4.8) D (28.4)
2013 with development (with 100 units) Delaware Route 896 Eastbound Left-Turn N/A2 N/A2 A (9.1) A (9.9) Jamison Corner Road Southbound NIA2 N/A2 c (20.5) D (30.s)
2013 with development (with 150 units) Delaware Route 896 Eastbound Left-Turn A (9.1) A (e.e) A (9. r) A ( r0.0) Jamison Corner Road Southbound D (30.4) E (39.s) c (23.9', E (3'7.4)
2013 with development (with 150 units) with flared approach on Jamison Corner Road Delaware Route 896 Eastbound Left-Turn N/A2 N/A2 A (9.0) A (10.0) Jamison Corner Road Southbound N/A2 N/A2 c (20.3) D (27.7)
2013 with development of 150 units and with an exclusive southbound right -turn lane on Iamison Corner Road Delaware Route 896 Eastbound Left-Turn A (e. r) A (9.9) A (9.0) A ( t0.0) Jamison Corner Road Southbound D (2s.1) D (28.4) C QO3\ D (25.7\
2013 with development of 225 units and with an exclusive southbound right *turn lane on Iamison Corner Road Delaware Route 896 Eastbound Left-Turn A (8.e) A (r0.0) A (e. t) A(r0.r) Jamison Corner Road Southbound D (29.0) D (29.4) c (24.0\ l,) 27 .4\
I For unsignalized and signalized analyses, the numbers in parentheses following levels of service are average delay per vehicle, measured in seconds. 2 This case is addressed in the text of the Traffic Operational Analysis but no supporting documentation was provided.