This same plan was rejected by the Delaware Supreme Court over the traffic impact.
Will NCC CE Matt Meyer allow his land use department to throw us under the bus with tricks we're seeing like the reduction of the scope of the impact study with this now-Pettinaro former Toll Brothers project?
A Canterbury Hills Civic Association Board Director sent this alert:
I just wanted to make sure you were aware of (and could perhaps post information regarding) Tuesday's Planning Board Public Hearing which will address the Delaware National development, which has been resubmitted in almost entirely identical form to that rejected by the Planning Board two years ago, and which may well be approved this time around.
7 p.m. tonight
James Gilliam Building
77 Read's Way, New Castle, DE 19720
App. 2016-0461-S: South side of Lancaster Pike (SR 48), east side of Hercules Road. Exploratory Major Land Development Plan and PLUS Review for Delaware National. The plan proposes to consolidate 4 existing parcels and subdivide into 158 single family detached lots and 104 townhouse lots. S (Suburban) zoning district. CD 2 and 3.Tonight's meeting will be interesting to say the least. This particular land use residential development application has been subject to many years of going through the paces for concerns over both traffic and environment.
Under New Castle County Council Executive Matt Meyer, the Land Use Department has significantly reduced the scope of the traffic impact study for this plan now submitted by Pettinaro, a point which has been under fierce contention since the December 5, 2016 NCC Scoping Meeting:
August 24, 2017RE: New Castle County Planning Board Public HearingApplication 2016-0461 -- Delaware National
Dear Members of the Planning Board,
I am writing to alert you to serious deficiencies in the recently issued Traffic Impact Study (TIS) for Delaware National, the 262-unit residential development proposed for the former Hercules Golf Course. As designed, the traffic study fails to account for over 10,000 vehicles per day.
The TIS is deeply flawed in 2 respects: 1) traffic from over 1 million square feet of existing but vacant space at AstraZeneca, Experimental Station, Barley Mill Plaza (exclOdyssey School), 4250 Lancaster Pike and Chestnut Run Plaza is unaccounted for; and 2) traffic from committed developments (previously approved but unbuilt space)included in the TIS appears to be seriously underestimated.
On Item 1 -- vacant space – the issue is that existing vacant space has traffic rights that precede new development. Recent Supreme Court decisions have reaffirmed that available traffic capacity is allocated on a first come/first serve basis. County Code Sec 40.11.130 requires that "Future traffic shall be projected by the inclusion of trip generation from projects with recorded plans...". All existing space has a recorded plan. Also, consideration of vacant space is recognized as an engineering best practice as evidenced by the testimony of Mr. Brian Keaveney of Pennoni Associates, a leading traffic engineering firm (http://www.umtownship.org/ArchiveCenter/ViewFile/Item/3105). Vacant space is also regularly included in traffic studies nationwide.
The intent of State and County law, and engineering best practice, seems indisputable -- projections of future traffic need to include vacant space when material, unless it can be demonstrated that the vacant space has been permanently abandoned. Proceeding with a traffic study that fails to address a known material deficiency is irrational, arbitrary and capricious. Yet over 1 million square feet of vacant office space is currently unaccounted for in this TIS -- the equivalent of some 8,000 vehicles per day that are missing from the analysis.
As for the argument that "traffic studies haven't considered vacant space in the past", this is a unique situation that can't be ignored -- vacant space is huge, it's nearby and ithas prior traffic rights.
On item 2 – committed developments – the issue is that traffic from previously approved but unbuilt space needs to be accurately estimated. DuPont Chestnut Run and Little Falls Lots 9,11,10 – several of the committed projects in the TIS -- comprise 778,000 square feet of approved but unbuilt space that will house some 3,000 occupants. Yet the TIS estimates that only about 40% of these office workers will arrive/depart during the peak AM and PM hours. Based on real-world experience along area roads, this appears low by several 1,000 vehicles per day.
My schedule may prevent me from attending the public hearing and thus I’m providing this testimony in advance. We believe these deficiencies need to be addressed beforeproceeding with this project and respectfully request your leadership and assistance in resolving these critical gaps.
Sincerely,Tom Dewson10 Squirrel RunWilmington, DE 19807302-383-4771
cc: Senator Gregory LavelleSenator Anthony DelcolloRepresentative Deborah HudsonRepresentative Gerald BradyAlso, this specific parcel was the site of Hercules Experimental Station (where they developed Agent Orange) which added to residents' concerns about the contaminants from golf course pesticides over the rest of the old Hercules Golf Course acreage:
State of Delaware Environmental Appeals Board (EAB) Appeal 2012-07 filed by Milltown Limestone Civic Alliance on Secretary's Order 2012-A-0009 approving the Final Plan of Remedial Action for Hercules Road and Lancaster Pike Site near Wilmington, New Castle County (DNREC Project No. DE-1492) dated March 22,2012.Also see ~
2017 Updated: Former Hercules Golf Course Development Plan Public Meeting Set For 7PM Thursday At A.I. DuPont High School
2009 Lawsuits against Toll Brothers’ Greenville Overlook development dismissed
2010 Pettinaro to develop Delaware National Country Club
2011 Environmental Issues disregarded by DNREC - CLNCC
2014 Toll Brothers' Appeal Of County-Denied Traffic Impact Study Is Set For 6PM Thursday - NCC Board Of Adjustment
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
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