Minutes June 24, 2010 Page 1 MINUTES OF THE REGULAR MEETING OF JUNE 24, 2010 The regular meeting of the Sussex County Planning and Zoning Commission was held Thursday evening, June 24, 2010 in the County Council Chambers, County Administrative Office Building, in Georgetown, Delaware. The meeting was called to order at 6:00 p.m. with Chairman Wheatley presiding. The following members of the Commission were present: Mr. Robert Wheatley, Mr. Rodney Smith, Mr. I. G. Burton, Mr. Michael Johnson, with Mr. Vincent Robertson – Assistant County Attorney, and Mr. Lawrence Lank – Director. Motion by Mr. Smith, seconded by Mr. Johnson, and carried unanimously to approve the Agenda as circulated. Motion carried 4 - 0. Motion by Mr. Smith, seconded by Mr. Burton, and carried with three votes to approve the Minutes of June 10, 2010 as amended. Motion carried 3 – 0. Mr. Johnson abstained since he was not present during the June 10, 2010 meeting. OLD BUSINESS C/Z #1668 – application of CB TWIN CEDARS, LLC to amend the Comprehensive Zoning Map from a GR General Residential District and a C-1 General Commercial District to a GR- RPC General Residential District – Residential Planned Community for a certain parcel of land lying and being in Baltimore Hundred, Sussex County, land lying south of Road 382 (Route 20 and Zion Church Road) 1,000 feet east of Road 388 (Bixler Road), to be located on 58.55 acres, more or less. The Commission discussed this application which has been deferred since May 27, 2010. Mr. Smith stated that he would move that the Commission recommend approval of C/Z #1668 for Twin Cedars, LLC for a change in zoning from GR General Residential and C-1 General Commercial to a GR-RPC General Residential District – Residential Planned Community based upon the record and for the following reasons: 1) The property is currently primarily zoned GR General Residential and partly C-1 General Commercial. Under this application, the basic GR General Residential zoning and the density permitted in that zoning will not change. Minutes June 24, 2010 Page 2 2) With the conditions and stipulations placed upon it, the RPC Residential Planned Community designation is appropriate, since it allows the creation of a superior environment through design ingenuity while protecting existing and future land uses. It is located along Zion Church Road which is classified as a major collector road and incorporates a mixture of residential units available to a variety of income level households. It also provides an environmental benefit due to the reconfiguration of an existing tax ditch that is not functioning properly nor draining the area surrounding this site. 3) The project will not adversely affect the neighborhood or surrounding community. There are several existing subdivisions in the area with similar characteristics. The approval of this application also allows the redevelopment of an existing residential apartment complex into a superior designed residential community. 4) The Applicant has favorably addressed the items set forth in Section 99-9C of the Subdivision Code. 5) This recommendation is subject to the following conditions: 1. The maximum number of residential units shall not exceed 199 units. 2. All entrances, intersections, roadways and multi-modal improvements required by DelDOT shall be completed in accordance with DelDOT’s requirements. 3. The development shall be served as part of a Sussex County Sanitary Sewer District. The Developer shall comply with all requirements and specifications of the County Engineering Department. 4. The RPC Residential Planned Community shall be served by central water. 5. Stormwater management and erosion and sedimentation control facilities shall be constructed in accordance with all applicable State and County requirements. These facilities shall be operated in the manner that is consistent with Best Management Practices. 6. The Final Site Plan shall contain the approval of the Sussex Conservation District for the design and location of all stormwater management areas and erosion and sedimentation control facilities. 7. The Developer shall form a homeowner’s association responsible for the maintenance of the streets, roads, buffers, open spaces, stormwater management facilities and other common areas. 8. No wetlands shall be included within any individual lots. 9. The Final Site Plan shall contain a notice that the adjacent property is used as an RV Campground. 10. A hunting notice similar to the Agricultural Use Protection Notice indicating that hunting activities may occur nearby and on the Lost Lands Campground, which is to the rear of the property, shall be included on the Final Site Plan and within the Restrictive Covenants. 11. As requested during the public hearing, the Restrictive Covenants shall contain notice that a seasonal use campground exists on the adjacent property. 12. All silt fencing shall be located on the upland side of all wetland buffers. 13. If requested by the local school district, a school bus stop shall be provided. The location of the bus stop area shall be shown on the Final Site Plan. 14. Road naming and addressing shall be subject to the review and approval of the Sussex County Mapping and Addressing Departments. Minutes June 24, 2010 Page 3 15. The Developer shall coordinate with the Postal Service for centralized mailbox areas within the development, as the Postal Service may deem necessary. 16. The Final Site Plan shall include a landscape plan for all the buffer areas, showing all the landscaping and vegetation included in the buffer areas. In addition, the landscape plan shall also show transitional or screening landscape between the commercial and residential areas of the project. 17. The Final Site Plan shall be subject to the review and approval of the Planning and Zoning Commission. Motion by Mr. Smith, seconded by Mr. Johnson, and carried unanimously to forward this application to the Sussex County Council with the recommendation that the application be approved for the reasons and with the conditions and stipulations stated. Motion carried 4 – 0. C/Z #1669 – application of CB TWIN CEDARS, LLC to amend the Comprehensive Zoning Map from a GR General Residential District and a C-1 General Commercial District to a CR-1 Commercial Residential District for a certain parcel of land lying and being in Baltimore Hundred, Sussex County, land lying south of Road 382 (Route 20 and Zion Church Road) ¼ mile east of Road 388 (Bixler Road), to be located on 5.79 acres, more or less. The Commission discussed this application which has been deferred since May 27, 2010. Mr. Smith stated that he would move that the Commission recommend approval of C/Z #1669 for Twin Cedars, LLC for a change in zoning from GR General Residential and C-1 General Commercial to CR-1 Commercial Residential based upon the record made at the public hearing and for the following reasons: 1) There is presently C-1 General Commercial zoning on the site of this rezoning and the surrounding RPC Residential Planned Community. This rezoning application represents a reconfiguration of the existing commercially zoned land with only a minor increase in the commercial area. By allowing this rezoning to proceed, the commercial area is integrated into the overall project. 2) The rezoning is consistent with the purposes of the Sussex County Zoning Code and promotes the orderly growth of the County. 3) The rezoning of this property will have no adverse impact on the uses and values of neighboring or adjacent properties in the area. 4) The rezoning of this property permits redevelopment of this property under a uniform CR-1 Commercial Residential zoning, and eliminates the possible residential density of up to 12 units per acre that would be permitted under the prior C-1 General Commercial zoning. 5) The property that is the subject of this application is within a Sussex County Sanitary Sewer District. 6) No parties appeared in opposition to the rezoning application. 7) Any proposed use set forth on the commercially zoned property will be subject to site plan review by the Planning and Zoning Commission. Minutes June 24, 2010 Page 4 Motion by Mr. Smith, seconded by Mr. Johnson, and carried unanimously to forward this application to the Sussex County Council with the recommendation that the application be approved for the reasons stated. Motion carried 4 – 0. C/U #1832 – application of HAZZARD AUTO REPAIR to consider the Conditional Use of land in an AR-1 Agricultural Residential District and a GR General Residential District for an auto repair shop and contractors’ storage to be located on a certain parcel of land lying and being in Indian River Hundred, Sussex County, containing 2.404 acres, more or less, lying north of Road 280B (Conley’s Chapel Road) 100 feet east of Road 288 (Wil King Road). The Commission discussed this application which has been deferred since June 10, 2010. Motion by Mr. Smith, seconded by Mr. Burton, and carried unanimously to defer action since Mr. Ross was present during the public hearing; since Mr. Ross was absent this evening; and to allow Mr. Ross to participate in the discussion of this application when a decision is rendered. Motion carried 4 – 0. C/U #1833 – application of DAVID O. RICKARDS to consider the Conditional Use of land in an AR-1 Agricultural Residential District for an assembly plant for underwater turbines to be located on a certain parcel of land lying and being in Baltimore Hundred, Sussex County, containing 15.38 acres, more or less, lying southeast of Road 367B (Rickards Road) 2,230 feet northeast of Road 370 (Daisey Road). The Commission discussed this application which has been deferred since June 10, 2010. Motion by Mr. Smith, seconded by Mr. Burton, and carried unanimously to defer action since Mr.