According to the agenda posted for the January 24 NCC Council meeting, the vote on this Resolution --R12-015-- is to be withdrawn. A possible date for the vote will be February 14th but that is yet to be determined.
http://www2.nccde.org/council/Documents/MeetingAgendaDocuments/Council%20Agenda%201-24-12.pdf
I received the following information yesterday from Janet Kilpatrick in response to an email asking NCC Council: "Please don't lift the deed restrictions that protect the Brandywine Valley at 20 Montchanin" -
________________________________________I do not know how I am going to vote on this, but thank you for your
comments. There are both protections and detriments to the proposal.
Below is information that I have so far on the requested change to this
property. This research is based on verifying statements made in emails
that I have received as well as the general research that is required for each vote.EXISTING RESTRICTION:
1. The existing restrictions allow for a 1.7 acre footprint of building. 2 stories or 40' tall not counting the basement, but the basement is counted as total gross floor space so it can be made into offices, restaurants, or any other commercial or office use allowed under the code for this zoning category. The existing agreement says an office building and accessory uses so anything allowed in this zoning category can be placed within the building.
2. The site as built now is 138,000 sf on a 1.4 ac footprint (it is not at buildout - so without any change someone can build out the remaining .3 ac. which comes to about a 12,000 sf footprint, but as they can use 3 floors (basement, 1st and 2nd) that translates into 36,000 gross floor space more.
3. As it is now, that expansion can be on any side of the building, and this is where I
understand that the Breck's Lane people have concerns. Because of the topography of the site, if the building is builtout on their side , it will be higher than the rest of the building as the measurement goes from the existing ground to the top of the building, not from the lower ground level at the other side of the building. This could give them a towering effect next to their neighborhood.4. If this were ever rezoned the original deed restrictions automatically are lifted. Existing restrictions take into account the possibility of rezoning.
5. There are no setbacks from propety lines.
NEW PROPOSED RESTRICTIONS
1. Would allow for 1.79 ac footprint - that> is 9/100th of an acre more than allowed in the (same> as in the existing restrictions).
2. Would allow for a separate 1 story building limited to 6000 sf>> and 25' high plus mechanicals. The square footage remains the same, it just allows for a split of buildings.
3. Calls for a 90' setback from property lines which ultimately does not allow buildout on the Breck's Lane side of the existing building. The newly proposed setback line is parallel to Breck's Lane.
4. It preserves the existing entrance and doesn't allow for other entrances.
5. It would only ever allow a rezoning on the 2 ac parcel that has the 1 story building, not allowing the whole site to be rezoned as the exsiting restrictions do. (this protetcs from combining w/the adjacent property to form one 30 ac site for development.
6. It limits use of what can be put on the site, since it is not just limited to office (accessory use per the existing agreement).
The public will have the opportunity to speak at the Tuesday Council
meeting. I encourage all those who have concerns to attend. Janet
Kilpatrick, New Castle County Council Member, 3rd DistrictNote - the vote is now tabled until February
From: Nancy Willing [http://us.mc1138.mail.yahoo.com/mc/compose?to=nancyvwilling@yahoo.com]Sent: Friday, January 20, 2012 10:10 AMTo: Kovach, Thomas; Reda, Joseph; Weiner, Robert; Kilpatrick, Janet; Hollins, Penrose; Diller, Elisa; Powers, Jr., William; Smiley, George; Cartier, John; Sheldon, Timothy; Street, Jea; Tackett, David; Bell, James
Subject: Please don't lift the deed restrictions that protect the Brandywine Valley at 20 Montchanin
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