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AGENDA Milford City Hall, Joseph Ronnie Rogers Council Chambers, 201 South Walnut Street, Milford, DE 19963 Monthly Planning Commission Meeting February 16, 2016 7:00 P.M. Call to Order – Chairman Campbell Roll Call Approval of Previous Minutes Unfinished Business: New Business: Morris Ritchie Associates on behalf of Dunn Development LLC (property owner: Walter N. Thomas II); Project No 13-196 Second One Year Extension of Preliminary Site Plan and Preliminary Major Subdivision for Hickory Glen 1335 Milford-Harrington Hwy Tax Map MD-16-173.00-01-21.00; -22.00; 71.91+/- Acres Zoning R8 Adoption of Resolution PC16-002 & Resolution PC16-003 Milford Plaza Enterprises LLC; Project No 16-001 Preliminary Site Plan 600 N DuPont Blvd Tax Map MD-16-183.09-01-04.00; 21.44+/- Acres Zoning C3 Adoption of Resolution PC16-004 Comprehensive Plan Update Planning & Economic Activities Coordinator Monthly Update Adjourn 010716 012916 Page 1 of 1 CITY OF MILFORD PLANNING COMMISSION Minutes of Meeting January 19, 2016 The regular monthly meeting of the Milford Planning Commission was held in the Joseph Ronnie Rogers Council Chambers at Milford City Hall, 201 South Walnut Street, Milford, DE on Tuesday, January 19, 2016. PRESIDING: Chairman Archie Campbell IN ATTENDANCE: Rae Mims, Andrew Fulton, Marvin Sharp, Michael Yosifon, Ed Holloway, Kerri Fry Also: City Solicitor David Rutt, Planning & Economic Activities Coordinator Rob Pierce, Deputy City Clerk Christine Crouch Chairman Campbell called the meeting to order at 7:00 pm noting the absence of Mr. Lane. APPROVAL OF MINUTES A motion made by Mr. Holloway, seconded by Mr. Fulton, to approve the minutes of the December 2015 Planning Commission meeting minutes carried unanimously. UNFINISHED BUSINESS Mispillion Street Partners; Project 14-212 Preliminary Site Plan; 401 Mispillion Street to be known as Riverwalk Villas Zoning: R3; Acres: 3.89 +/- Tax Map 3-30-7.17-011.00 Resolution PC15-012 Chairman Campbell explained this item was tabled last month and asked Mr. Pierce to explain the status of the application. Mr. Pierce asked Solicitor Rutt to explain the procedure to which he stated first Mr. Fry cannot vote due to his absence at the last meeting. The first order of business will be to remove the item from the table by motion. The commission will also need to vote on whether they approve the application as presented, approve it with conditions not contrary to the city code and with the agreement of the applicant or deny the application if it is not compliant with city code. This is a by right application and must be approved under Delaware law. Mr. Pierce began explaining the status when Mr. Fulton asked if the item needs to be removed from the table in order to be discussed. Solicitor Rutt stated that can be done now. Planning Commission Page 2 of 9 01.19.16 A motion by Mr. Fulton, seconded by Mr. Holloway to remove the item from the table carried unanimously. Mr. Pierce began by stating since the last meeting he has met with the applicant and went over five or six items needing to be discussed. The specific items are as follows: Staff recommends the following additional offsite street and sidewalk improvements, to be performed by the owner/developer: 1. Widening of Mispillion Street to 25 feet pavement width and perform 2” mill and overlay full width from Columbia Street to Marshall Street. This may require the owner/developer to provide additional right of way along Mispillion Street. 2. Perform 2” mill and overlay, full width on Marshall Street from Unnamed Street to SE Front Street. 3. Provide sidewalk and handicap accessible ramp improvements at the intersection of Marshall Street and Mispillion Street. 4. Provide sidewalk and handicap accessible ramp improvements at the intersection of Mispillion Street and McColley Street. 5. Restrict parking along both sides of Marshall Street from the SE Front Street intersection north 75 feet. 6. Widening of Mispillion Street may require relocation of the existing electir utility pole and communication lines. The utility could be relocated further back as overhead electric or buried below grade. Mr. Pierce added, for the record the state fire marshal had comments which can be addressed during his site plan review through his office. To reiterate from his staff report, the preliminary site plan approval comes with the understanding the applicant must receive approvals from the fire marshal office, office of drinking water, Army Corps of Engineers, Sussex Conservation District and City of Milford Public Works prior to applying for final site plan approval. No waivers or variances are being sought from Chapters 200 and 230. All buildings must be in compliance with our flood plain management ordinance found in Chapter 193. Solicitor Rutt stated for the record the letter from Mr. Malmberg has been made a part of the record since it was included in last month’s meeting minutes. Mr. Yosifon confirmed with Mr. Pierce there are no outstanding issues or anything that needs clarification and that the project meets with Mr. Pierce’s approval. Chairman Campbell asked applicant to come to podium. Connie Malmberg, representing the applicant introduced himself and thanked Mr. Pierce for working with his clients to come to an agreement on what will be done by the City and what will be done by them. Mr. Pierce stated unfortunately prior to last month’s meeting there wasn’t enough time to come to an agreement, but what has been worked out is as follows: Planning Commission Page 3 of 9 01.19.16 1. Widening of Mispillion Street to 25 feet pavement width and perform 2” mill and overlay full width from Columbia Street to Marshall Street. This may require the owner/developer to provide additional right of way along Mispillion Street. a. Applicant agrees to grant the City 5’ right of way for the widening project. b. Applicant agrees to provide new storm water catch basis to tie into the existing storm water pipe to collect flow from the north half of Mispillion Street including the expanded 5’ right of way. c. Applicant agrees to install curb and gutter on the north side of the Mispillion Street. d. Applicant will mill and overlay Mispillion Street to Columbia Street to Marshall Street as requested. e. Applicant will not be responsible for any new curbing and guttering on south side of Mispillion Street. f. Electric and communication addressed below. 2. Perform 2” mill and overlay, full width on Marshall Street from Unnamed Street to SE Front Street. a. Applicant agrees to provide mill and overlay on Marshall Street from unnamed street to Mispillion Street. b. Applicant does not feel it is appropriate for the property owner to make revisions to Marshall Street south of Mispillion Street. 3. Provide sidewalk and handicap accessible ramp improvements at the intersection of Marshall Street and Mispillion Street. a. Applicant agrees to provide handicap ramps on the north east and north west intersection corners of Marshall and Mispillion Street. b. Applicant does not feel it is appropriate for the property owner to make revisions to the other two corners. 4. Provide sidewalk and handicap accessible ramp improvements at the intersection of Mispillion Street and McColley Street. a. Applicant agrees. 5. Restrict parking along both sides of Marshall Street from the SE Front Street intersection north 75 feet. a. Applicant does not feel it is appropriate for the property owner to make revisions to this intersection. 6. Widening of Mispillion Street may require relocation of the existing electric utility pole and communication lines. The utility could be relocated further back as overhead electric or buried below grade. a. Applicant acknowledged. From Mr. Malmberg’s perspective his client has agreed to do everything requested by the City that is on their property. He does not feel it is appropriate to make additional off site improvements that are beyond his property. In addition, because the cost of moving the electric poles, item #6, is unknown, there may be cost sharing involved. Chairman Campbell asked if there were any questions or comments from the commissioners. A motion by Ms. Mims to approve resolution PC15-012 to include the six items discussed was seconded by Mr. Yosifon. Planning Commission Page 4 of 9 01.19.16 Mr. Sharp asked if Ms. Mims would consider amending her motion to include a making Mispillion Street a one-way street. He brings this up because of the added Fire Department comments that were received after last month’s meeting. He has personally driven fire trucks and understands the ladder truck maneuvering. Solicitor Rutt explained that is not something this commission can do. That is a council decision to make a street one-way. Mr. Sharp asked if the commission can recommend Council consider this to which Solicitor Rutt replied yes, but it must be added to an agenda and will be separate from this application as this is a site plan and does not go to Council. Mr. Sharp withdrew his amendment. Chairman Campbell called for a poll of the commission for the motion on the floor. All voted in favor with one descending vote cast by Mr. Sharp stating he votes no until the parking is resolved along Mispillion Street. RESOLUTION NO. PC15-012 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF MILFORD, DELAWARE FOR, THE APPROVAL OF A PRELIMINARY SITE PLAN FOR MISPILLION STREET PARTNERS AT 401 MISPILLION STREET FOR FOUR BUILDINGS WITH 12 UNITS EACH FOR A TOTAL OF 48 GARDEN APARTMENTS IN AN R-3 ZONING DISTRICT TAX MAP 3-30-7.17-011.00 WHEREAS, the owner and applicant has made application with the City of Milford; and, WHEREAS, the proposed application shall comply with the standards and regulations of the Code of the City of Milford; and, WHEREAS, the Planning Commission met, heard and tabled said application during a public hearing on December 15, 2015; and, WHEREAS, the Planning Commission met and heard said application during a public hearing on January 19, 2016; and, WHEREAS, by a vote of 5-1 approved the application.