Community Meeting To Discuss Redevelopment of the Delaware National Country Club (former Hercules C.C.)
Thursday, April 20, 2017
7:00 pm.
Location: A. I. DuPont High School Auditorium
50 Hillside Rd, Wilmington, DE 19807
A developer's proposal to build a 262-unit residential development at the site of the former Hercules Country Club is moving quickly through the County approval process.
Serious concerns have been raised about - its compatibility with the existing community- the deeply flawed traffic study now underway- its visual impact on this beautiful areaNone of these concerns have been addressed by the County to date.
Please come to the public meeting at 7pm on Thursday April 20 at A. I. duPont High School to hear about this proposal and to share your thoughts. This is 1 of only 2 opportunities to have your voice heard.
From Bob Weiner ~
Dear Neighbor,
Please share this important information with your neighbors and friends.
I am pleased to facilitate a community meeting at the A.I. DuPont High School Auditorium April 20th community meeting (beginning at 7:00pm) to discuss the Delaware National Country Club (Hercules Country Club). Our County Land Use Department will be in attendance and will carefully consider community comments.
(Directions to highschool - Take DE-52 N to Hillside Rd in Greenville. Turn left onto Hillside Rd)
The applicant’s attorney, Larry Tarabicos, provided the information below…
This site is zoned S (Open Space Planned Subdivision Option) and contains 205.27 acres. The site is separated into the four parcels by Hercules Road, the Red Clay Creek and Penn Oak Drive. It is generally bounded by Lancaster Pike (Route 48) to the north, the Hercules Research Center to the South, office uses to the far East and Residential areas to the far West and Southeast. The site was formerly known as, and occupied by, the Delaware National Country Club. The current owner, Golf Course Associates, LLC of Newport, Delaware, proposes to develop the site into 262 residential lots. Per Unified Development Code (UDC) requirements, the project will encompass four different styles of homes.
The unit mix will contain 27 Estate Homes (12,000 square foot minimum), 27 Executive Homes (10,000 square foot minimum), 104 Village Style single family homes (6000 square foot minimum) and 104 24 foot wide Townhouses (2200 square foot minimum). The total subdivision proposes 262 housing lots. The open space will incorporate the remaining golf cart paths as part of the walking path system for use by the public. Parking required is 2.25 spaces per dwelling unit in this zoning district.
For additional information, please click this link - http://www3.nccde.org/project/details/default.aspx?ProjectKey=552426It is important to note that this plan is a “MAJOR RECORD PLAN”; but not a rezoning. A major record plan submission will afford public comment along the application process.
There is a key difference between a major record plan and a rezoning with a major record plan. If a major plan is in general compliance with the standards of the Unified Development Code, those plans may advance to the Planning Board public hearing.
The public is invited to make comments at the Department of Land Use Planning Board hearing. The County Land Use Department carefully considers community input during this process. This is always a key opportunity for the public to work with the developer and Land Use to influence the plan if needed.
If the record plan and all supporting documents comply with this Chapter and any other applicable regulations, the General Manager of the Department shall approve the record plan and the Department will issue an approval letter. Supporting documents shall include, but are not limited to:
1. Letter of approval from DelDOT regarding transportation matters.
A. Traffic impact study (TIS). For all major plans and plans with rezonings where the Department has not waived traffic analysis requirements, the applicant shall submit traffic information pursuant to Article 11. If a traffic impact study is required, a scoping meeting shall be scheduled pursuant to Article 11 to identify concurrency issues. No record plan submission shall occur until such time that the TIS is approved and the plan meets the concurrency requirements of Article 11.
Since this is a major plan and the Land Use Department has not waived traffic analysis requirements, a Traffic Impact Study is currently underway for this project.
A traffic impact study (TIS) is defined in our New Castle County Code under ARTICLE 11. - TRANSPORTATION IMPACT[7], Division 40.11.000. - Purpose.The plan is then sent to County Council. The public is again invited to comment on the plan. However, if the plan is code compliant, then Council is required by code to provide approval of the plan. (UDC 40.31.100)
The purpose of this Article is to ensure that development occurs only where there are adequate transportation facilities in place, or programmed for construction. Transportation capacity is allocated to proposed land developments on a first come-first serve basis. The highway capacity shall be determined by a traffic impact study. No major land development or any rezoning shall be permitted if the proposed development exceeds the level of service standards set forth in this Article unless the traffic mitigation or the waiver provisions of this Article can be satisfied. (For added information, click this hypertext link) - https://www.municode.com/library/de/new_castle_county/codes/code_of_ordinances?nodeId=CH40UNDECO_ART11TRIM_DIV40.11.100TRCA
D. Council consent.
1. For major plans, the record plan shall be forwarded to County Council for its consent. Upon receipt of the plan, County Council shall schedule the matter for its next public hearing, and may take one (1) of the following actions:
a. Adopt a resolution approving the record major plan; or2. County Council may use any one (1) or more of the above options subject to the limitations contained in each subparagraph.
b. Table and refer the plan back to the Department, no more than twice, with specific questions relating to technical compliance with this Chapter, State or federal constitutional requirements or any other statute or ordinance for which compliance is required. Upon receipt of a Department recommendation reaffirming approval of the plan, County Council shall adopt the resolution of approval, unless a second referral is made because of additional questions or concerns. Upon receipt of the Department's recommendation reaffirming approval of the plan after review of any additional concerns raised by County Council, Council shall adopt the resolution of approval.
E. Action upon receipt of County Council referral. Upon receipt of specific questions from County Council, the Department shall respond with its findings and a recommendation. The recommendation shall be one (1) of the following:
1. That the plan be approved, in which case County Council shall adopt the resolution of plan approval at its next scheduled meeting unless a second referral is made, in which case Council shall adopt the resolution of plan approval at its next scheduled meeting following the second approval.
2. That the Department has rescinded its previous approval of the plan for noncompliance, in which case County Council shall withdraw the resolution of plan approval. (Ord. No. 09-066, § 18, 10-13-2009; Ord. No. 10-113, § 1(Exh. A), 1-18-2011)
Sec. 40.31.114. - Record plan review stage.
A. Record plan requirements. Upon approval of the construction plans, the applicant may submit a record plan pursuant to the requirements in Appendix 1 of this Chapter, including the applicable fee. Any agreements, surety, maintenance declarations or any other legal documents required by this Code shall also be submitted. The record plan must be in general conformance with the approved exploratory plan.
B. Record plan review report. The Department will issue a written report that identifies any concerns relating to compliance with this Chapter, record plan submission requirements or other factors the applicant shall consider.
C. Department review/approval. If the record plan and all supporting documents comply with this Chapter and any other applicable regulations, the General Manager of the Department shall approve the record plan and the Department will issue an approval letter. The General Manager of the Department shall also have the ability to approve all minor land development plans on behalf of County Council. Supporting documents shall include, but are not limited to:
1. Letter of approval from DelDOT regarding transportation matters.
A. Traffic impact study (TIS). For all major plans and plans with rezonings where the Department has not waived traffic analysis requirements, the applicant shall submit traffic information pursuant to Article 11. If a traffic impact study is required, a scoping meeting shall be scheduled pursuant to Article 11 to identify concurrency issues. No record plan submission shall occur until such time that the TIS is approved and the plan meets the concurrency requirements of Article 11.
2. Letter of approval from the State Fire Marshal.
3. Approval from the Engineering Section of the Department regarding drainage and storm water matters.
D. Planning Board Public Hearing - For all major plans and rezonings, the Department initial report and PLUS report is required prior to Planning Board public hearing. For major plans and rezonings where the Department finds the exploratory plan to be in general compliance with the standards of this Chapter and after the PLUS report is issued, those plans may advance to the Planning Board public hearing. Upon a finding by the Department that the major plan or rezoning is in general compliance with this Chapter and, upon receipt of the written PLUS report, the exploratory plan shall be scheduled for a Planning Board public hearing on the next available hearing date.
E. Council consent. 1. For major plans, the record plan shall be forwarded to County Council for its consent. Upon receipt of the plan, County Council shall schedule the matter for its next public hearing, and may take one (1) of the following actions:
a. Adopt a resolution approving the record major plan; or
b. Table and refer the plan back to the Department, no more than twice, with specific questions relating to technical compliance with this Chapter, State or federal constitutional requirements or any other statute or ordinance for which compliance is required. Upon receipt of a Department recommendation reaffirming approval of the plan, County Council shall adopt the resolution of approval, unless a second referral is made because of additional questions or concerns. Upon receipt of the Department's recommendation reaffirming approval of the plan after review of any additional concerns raised by County Council, Council shall adopt the resolution of approval.
2. County Council may use any one (1) or more of the above options subject to the limitations contained in each subparagraph.
F. Action upon receipt of County Council referral. Upon receipt of specific questions from County Council, the Department shall respond with its findings and a recommendation. The recommendation shall be one (1) of the following:
1. That the plan be approved, in which case County Council shall adopt the resolution of plan approval at its next scheduled meeting unless a second referral is made, in which case Council shall adopt the resolution of plan approval at its next scheduled meeting following the second approval.
2. That the Department has rescinded its previous approval of the plan for noncompliance The following link is to the Exploratory Plan for a Major Subdivision Plan for Delaware National:
http://www3.nccde.org/PDFDocument/default.aspx?DocumentID=80:5538A80CA926BC49834398A8F3E7191F81E7F6B1E9E8FA059BB19DC259C7CC052671EB66C3BFEB57&x=temp.pdfAlso see ~
2009 Lawsuits against Toll Brothers’ Greenville Overlook development dismissed
2016 Ruling affirms New Castle County power to block sprawl
2016 Mill Creek developer takes county traffic rules to court
2016 Push to redevelop old Hercules golf course begins anew
2016 Supreme Court: County can make developers improve traffic
2016 Superior Court Toll Brothers Fight Traffic Mitigation Liability For Overlook Plan FAIL
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