NOTE:

The Planning Board hearing on Tuesday May 6th is cancelled.

Stoltz’s legal counsel just notified me that her client has withdrawn its 2nd plan to build a commercial shopping center on Concord Pike. We can expect the plan to be resubmitted with revisions but for now the May 6th public hearing is canceled.

Exploratory Planning Board Public Hearing
Multi-Purpose Room
James Gilliam Building, 77 Reads Way
New Castle Corporate Commons
New Castle, DE
Tuesday May 6, 2008 at 7 PM
 
Dear Citizens:

This is to advise you that the New Castle County Department of Land Use has received a Exploratory Land Development Plan for the 44 acre parcel of open land at the corner of Concord Pike and Beaver Valley Road.  Specifically, Application 2008-0274 is ultimately seeking New Castle County Council approval for a rezoning of the land from high density residential to commercial. This is ultimately a discretionary or political decision which will be determined by a majority vote by the 13 members of New Castle County Council after considering the recommendation of the County Land Use Department & Planning Board and public testimony.  The subdivision plan for the parcel located on the southeast corner of Route 202 and Route 92 is titled “The Shops at Brandywine Valley”.  The purpose of this plan is for a 364,000 square foot shopping center, which is roughly half the size of Concord Mall.

Let me add my personal preliminary observations to this notice letter: Stoltz last year proposed a 199,950 square foot shopping center for the southwest corner of Beaver Valley Road and Concord Pike. The Stoltz proposal was rejected by New Castle County Land Use Department which described the concept as “unacceptable” in part because the auto-dominated commercial layout did not create a pedestrian friendly environment and instead would be dominated by greater automobile use.In response to the County Land Use Department negative recommendation, Stoltz has now proposed an even larger shopping center totaling 237,000 square feet of commercial space, plus 27,000 square feet of office and 36 “living units”. Stoltz’s press release claims that the addition of 36 “living units” and the creation of a new ring road transform the shopping center; both removing traffic congestion from Concord Pike while giving the larger commercial center a “neighborhood feel”.  However, let me observe that the addition of 36 “living units” and 27,000 square feet of office to a proposed 237,000 square foot shopping center does not suddenly transform the commercial shopping center to a pedestrian friendly mixed use village where residents are the primary customers of the village shops and offices. Nevertheless everyone should consider what is presented by the applicant at the upcoming hearings before forming any final opinion on this revised application.

There is a scheduled Exploratory Planning Board Public Hearing that will be held on Tuesday May 6, 2008 at 7:00 p.m. in the Multi-Purpose Room of the Gilliam Building, 77 Reads Way, New Castle Corporate Commons, New Castle, DE.   The Stoltz organization will make a presentation to the New Castle County Planning Board and New Castle County Land Use Department. The Land Use Department may opt to issue a comment letter to the applicant prior to this first public hearing. The public will have an opportunity to present its point of view at this hearing after the applicant makes its presentation. Shortly afterwards, the County Land Use Department will issue an Exploratory Plan comment letter. The plan then proceeds from the Exploratory Plan phase to the Preliminary Plan phase. The applicant then appears before the County Planning Board and County Land Use Department for a second public hearing on the Preliminary Plan. At the conclusion of this second public hearing, there is an official recommendation which is transmitted to New Castle County Council. County Council then holds a public hearing on the Preliminary Plan and makes a final decision on whether or not the rezoning is proper. It is important to note the Land Use Department’s recommendation is critically important. If the Land Use Department professionals recommend against the rezoning application then the 13 members of County Council must approve the rezoning by a supermajority vote of 9 out of 13 members. Should County Council vote to approve the Preliminary Plan, the Plan becomes a “by right” Record Plan.  The Record Plan is forwarded by Land Use to County Council once more for Record Plan approval. County Council must by law approve the Record Plan if the plan complies with all of the technical requirements of the County Subdivision Code. At this final stage, County Council only has the authority to transmit the plan back to Land Use twice with questions regarding the plan’s technical compliance with the County’s Unified Development Code. There is no other legally allowable objection at this juncture. Therefore, it is important to note that the important vote is County Council vote of approval or disapproval of the Preliminary Plan.

It is important that the public let its voice be heard! You are urged to attend the May 6 public hearing at 7 PM. If you have any questions or need directions, contact the New Castle County Department of Land Use at 395-5400 or you can contact my office directly at 395-8362.  Please contact my legislative office if you would like to have a copy of the plan. The New Castle County website www.nccde.org, my website www.bobweiner.com, and the CCOBH website www.CCOBH.org also have valuable information.

If you have not decided how you feel about this proposal but would like to learn more, attending the public hearing will also enable you to consider the information presented by the applicant and community leaders. You may choose to speak or just listen to all the testimony. Please make relevant comments which are within the context of the New Castle County Comprehensive Plan and Code. Study the attached Department of Land Use exploratory report below to help you prepare legally relevant comments directed to our County Land Use Department professionals.

Related Attachments:

• NCC Dept of Land Use Exploratory Report from 4/22/2008
• Official Meeting Notice from NCC
• Site Plan
• Harry Themal's Editorial from the News Journal
• 4/2/2008 - Letter from Baker to Scott - Vertical Intergration
• 4/7/2008 - Memo from Quinn to Bennett - Historic Preservation
• 4/7/2008 - Memo from Robatino to Bennett - Traffic Impact Study
• 6/27/2008 - Letter from Apex to Bennett
• 7/3/2008 - August 5th Planning Board Hearing Notice

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