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IMPORTANT INFORMATION ABOUT THE STOLTZ DEVELOPMENT PROPOSALS  


WDEL - 9/23/2010 - Bob Weiner addresses the Citizens for Responsible Growth
The News Journal said: "Weiner's comments got a standing ovation from dozens of the nearly 400 people who packed into the high school auditorium."


WDEL - 7/15/09 Greenville Center & Barley Mill Plaza Meeting


Councilman Weiner interviewed on WHYY regarding the Concord Pike development plan

IMPORTANT INFORMATION ABOUT THE STOLTZ DEVELOPMENT PROPOSALS

UPDATES

Feb 2017 - KPA Newsletter

10/20/2016 - Stoltz sells off last of Barley Mill Plaza land; Weiner: no traffic capacity for intensive use; walkable village preferable

1/2/15 - Wilmington University files Concord Pike plans - News Journal

4/2/14 - Del. Supreme Court upholds Chancery Court decision on Barley Mill Plaza Community News

3/27/14 - Supreme Court message to politicians: don't be afraid to pursue any doubts even when the answer comes from your legal advisor or a county representative - News Journal Opinion

3/26/14 - Stoltz Barley Mill rezoning: Delaware Supreme Court unanimously agrees with Councilman Weiner: Traffic data was unlawfully withheld from him - News Journal

3/6/2014 - Supreme Court Chief Justice Strine supports Councilman Weiner; questions Stoltz' lawyers arguments

2/18/2014 - Delaware Supreme Court will hear Barley Mill zoning case arguments March 5 - The News Journal

12/29/2013 - Corrupt politics, but no charges Special prosecutor reveals Markell, others helped fuel 'pay-for-play' culture - News Journal

6/20/2013 - Radio interview with WDEL's Rick Jensen

6/13/2013 - WDEL's Rick Jensen

6/12/2013 - Radio interview with WDEL's Allan Loudell

6/11/2013 - Court concurs with Weiner: Councilmembers cannot be denied traffic data; Citizens score win at Barley Mill

June 10, 2013 - Vice Chancellor Glasscock's Memorandum Opinion

KPA Spring 2012 Newsletter

KPA Fall 2011 Newsletter

10/12/2011 Barley Mill plan tabled; Residents pack meeting on proposed shopping complex - News Journal

10/11/2011 - Divisive Barley Mill rezoning up for vote; If request is denied, developer may build initial, bigger complex - News Journal

6/7/2011- Department of Land Use Planning Board Public Hearing Agenda - Barley Mill Plaza

4/28/2011 - CRG Negotiations with Stoltz: an Update

April 2011 CRG Update

3/2/11 - Stoltz pact leaves rift in group - News Journal

2/28/11 - CRG/Stoltz Agreement

2/28/11 - Deed Restriction - 20 Montchanin Road

2/28/11 - Deed Restriction - 3704 Kennett Pike

2/28/11 - Deed Restriction - Barley Mill Plaza

2/28/11 - Deed Restriction - Greenville Center

2/26/11 - Deal finally forged on Stoltz projects - News Journal

2/25/11 - Councilman Bob Weiner Alert: CRG Negotiations with Stoltz

9/24/10 - Citizens group urges wariness of Stoltz; Town hall meeting on Barley Mill project distrustful of scaled-down plan - News Journal

9/23/10 - Project shrinks, tower disappears. If plan doesn't get OK, original could be resurrected - News Journal

9/19/10 - Lawyers call for trafffic study of Barley Mill proposal. At issue: Who will pay for road improvements to accommodate plan? - News Journal

8/29/10 - Delaware growth: Chateau Country squabble gets nasty - News Journal

8/22/10 - Classified as redevelopment, project bypasses traffic study; However, NCCo could require road changes - News Journal

8/22/10 - In Greenville, it's about code interpretation; Land-use officials say law allows for tear-downs; residents say no - News Journal

8/22/10 - Delaware's elite battle developer; Barley Mill project would bring high-rises, jobs and traffic to Greenville - News Journal

6/30/10 - Stoltz' Greenville plans advanced with last minute assistance from State Dept of Transportation - The News Journal

Spring 2010 - Kennett Pike Association Newsletter

Join Citizens for Responsible Growth in New Castle County Today!

1/7/10 - Opponents line up against Stoltz development plans; Councilman Weiner recommends litigation. - Community News

Winter 2010 - Update from Citizens for Responsible Growth (CRG)

12/30/09 - Stoltz Barley Mill Plaza plan filing riles residents; Despite objections, developer forges ahead & project is unchanged - News Journal

Fall 2009 - Kennett Pike Association Newsletter

August 2009 - Update from Citizens for Responsible Growth (CRG)

At the 7/15/2009 CRG meeting, participants were asked to complete a short questionaire. Here are their answers:

 Barley Mill Plaza Answers
 Greenville Center Answers

4/7/09 - A Request For Interpretation with transmittal letter was filed by Citizens for Responsible Growth in New Castle County with the New Castle County Land Use Department. A response from the County Land Use Department is forthcoming. The referenced Chancery Court decision.

April 2009 - Update from Citizens for Responsible Growth (CRG)

4/15/09 - Update from Bob Weiner
Let’s set the record straight regarding the Stoltz expansion plans for Barley Mill Plaza and Greenville Center

1/26/09 - Orth Rodgers [CRG traffic consultant] proposed scope of work for Regional Traffic Study

This is Orth Rodgers’ January 26, 2009 letter on behalf of the Citizens for Responsible Growth in New Castle County to Mike DuRoss, who is the State Department of Transportation [DelDOT] manager for the Travel Demand Model (TDM).  DelDOT has not yet responded. It is assumed that DelDOT may be waiting until Stoltz has completed all its Traffic Impact Studies and Traffic Impact Analyses [TIS/TIA’s]. Stoltz has recently submitted its traffic analysis for Greenville Center. However there are still outstanding questions about the scope of the TDM and those questions have not been finalized.  This 1/26/09 letter to DelDOT highlights some technical items which Orth Rodgers requested to be included in the TMD scope. Currently the questions and requests noted in this letter remain outstanding.  Appended below is Carolann Wicks’ only statement  to date concerning DelDOT’s commitment to perform a Regional Traffic Study.


From: Wicks Carolann (DelDOT)
Sent: Monday, November 24, 2008 3:22:51 PM
To: Marshall Robert (LegHall); Katz Michael (LegHall); Blevins Patricia (LegHall); Hudson Deborah (LegHall); Williams Dennis (LegHall); Brady Gerald (LegHall); Mitchell John L (LegHall); Weiner, Robert; Tansey, William
Cc: Tanzer Steve (LegHall); Finnigan Sean (LegHall);
McCartan Valerie (LegHall)
Subject: Stoltz Development

As a result of the recent WILMAPCO Council meeting we have had further internal discussions concerning how to provide additional traffic analysis that will help answer the community's questions regarding the impact of the Stoltz development proposals.  My planning staff has provided me with the following suggested approach.  We propose to take the traffic volumes from the Traffic Operational Analysis (TOA’s) and Traffic Impact Studies (TIS’s) for Barley Mill, Greenville Center, Columbia Gas Office Site and Shops at Brandywine Valley, add the extra volume to the regional travel demand forecasting model, and use the model to show the anticipated volumes on all the roads in the area around these developments with and without the proposed developments.

This would be supplemented information provided to New Castle County Council.  DelDOT will continue to be a partner with New Castle County in order to assist in providing information needed by council for their deliberations.  If you would like to discuss this further please let me know.

5/7/10 - "Proposed Stoltz Development Will Destroy Bucolic Greenville" News Journal letter to the Editor

12/5/08 - "Stoltz development plans will desecrate Greenville" News Journal Letter to the Editor from Marion Silliman

11/22/08 - "Stoltz Real Estate postpones hearing before NCCo board" News Journal

10/24/08 - A Report from Councilman Bob Weiner regarding Stoltz' latest proposal

10/22/08 - "Stoltz issues 'take-it-or-leave-it ultimatum' to revise 4 controversial development proposals" - Delaforum

10/21/08 - Residents: latest Stoltz proposal insults everyone’s intelligence - Community News


The Stoltz organization delivered a proposed package deal to the Kennett Pike Association [KPA] on the evening of October 20, 2008, the night of KPA’s Annual Meeting. The proposal encompasses Stoltz’ four proposals in northern New Castle County. The Stoltz proposal is a “take-it-or-leave-it” proposal with a stipulated deadline for acceptance of November 7, 2008. Stoltz was not present at the meeting. The proposal describes a meeting which took place with County Executive Chris Coons and un-named “civic leaders”. No one at KPA was invited to the meeting with Stoltz and the County Executive. I suggested to KPA that the proposal be rejected. The proposal is directed to KPA but also encompasses the Stoltz proposal in Brandywine Hundred. I invite you to review the proposal and provide your input directly to KPA, CCOBH and to me.

Read the Stoltz Organization's “take-it-or-leave-it” Ultimatum

11/24/2008 - DelDOT announces that the traffic study will be expanded to include the region surrounding the 4 Stoltz projects

11/13/2008 - WILMAPCO Powerpoint Slides for Stoltz Proposals
Here is the presentation on the collective traffic impact on our northern Delaware roadway system prepared by WILMAPCO staff for the 11/13/08 WILMAPCO Council meeting at which time community leaders urged WILMAPCO to adopt a regional traffic study approach for all 4 Stoltz proposals.

11/11/2008 - Supplemental Submission from Councilman Weiner to WILMAPCO for consideration at 11/13/08 WILMAPCO Council meeting

9/10/2008 - Councilman Weiner's statement in support of a Northern DE Land Use
and Development Capacity Assessment-proposed amdt for Fy 2009-2012 TIP

This is an urgent request from your community leaders and from Councilman Bob Weiner. Come show your support for a REGIONAL TRAFFIC STUDY. The proposed study is entitled the “Northern Delaware Land Use and Development Capacity Assessment”. This study is in the form of a proposed amendment for FY 2009-2012 TIP. Please take a moment to carefully read the information below which will explain the details.

PUBLIC SUPPORT NEEDED THIS THURSDAY NOV 13, 2008
Public support is needed to encourage the adoption of a regional traffic study for the entire Brandywine Hundred, Greenville, Centreville area to measure the total impact of the 4 Stoltz organization proposed developments, which collectively total 4 million square feet [roughly 4 times larger than the original Christiana Mall] .
By letter dated September 10, 2008, I had proposed that WILMAPCO support an amendment to the State Transportation Improvement Program (TIP) for Fiscal Years 2009-2012. The TIP was included in the Delaware Bond Bill this June. The TIP is a four-year funding program outlining more than $1.5 billion in transportation projects in the WILMAPCO region. Transportation projects in the TIP are drawn from the agency’s Regional Transportation Plan. Projects are selected using a prioritization process and public and agency input. Proposed new projects include funding for the Brandywine Valley and Route 9 Scenic Byways, Centreville Transportation Plan Implementation, and the C&D Canal Trail. Other amendments involve shifting the timing of funds forward or backward. Nominations for new projects in the form of an amendment to the TIP were accepted during a public comment period which began August 1 and extended through September 11. We were successful in getting our proposal for a regional traffic study on the WILMAPCO agenda before the deadline.
This Thursday November 13 at 6:30 PM, the WILMAPCO Council will consider public comments in support of the proposed amendment to recommend a regional traffic study.
Your presence in support of our community speakers will show that there is broad based support for this amendment. See www.bobweiner.com and www.wilmapco.org/tip. for details. For directions to WILMAPCO 850 Library Avenue, Suite 100, Newark, DE  19711, go to www.wilmapco.org or call WILMAPCO: (302) 737-6205

WILMAPCO Traffic Maps:
Roadway Level Of Service
Intersections to be counted for Barley Mill project

 

DelDOT Land Development Process Flowchart & NCCo UDC Excerpts

 

1. The Shops at Brandywine Valley
(Concord Pike and Beaver Valley Road)


Click here for details...

The Stoltz organization has proposed that the southwest corner of Beaver Valley Road and Concord Pike be rezoned from high density residential to commercial in order to build a commercial shopping center, on land owned by the Woodlawn Trustees. The Stoltz proposal, if approved, would eliminate direct left turning movements at 2 of the 4 movements through the intersection to accommodate the extra traffic and replace it with a bizarre plan to route left turning movements through the proposed shopping center via Jersey-style jug handles. Councilman Bob Weiner spoke in opposition to this proposal at the first public hearing on October 2, 2007. To read Bob's testimony, click here.

The proposal still needs State Department of Transportation approval, a recommendation from the County Land Use Department and the County Planning Board, and a finally, a vote of approval by New Castle County Council; expected sometime in mid to late 2008. You can help by staying informed, reading the information here and sharing it with others. Continue to visit this website for updated information.

Stoltz withdrew their 2nd shopping center plan and the Planning Board hearing on Tuesday May 6th was cancelled. There was a public hearing on August 5th and a preliminary meeting hosted by Bob Weiner at the Brandywine Town Center on July 30th. On 8/14/08 the Dept of Land Use found the proposal to be unacceptable.

Related Articles:
- 1/2/15 - Wilmington University files Concord Pike plans - News Journal
- A betting man's wager on new mall
- Whole Foods store wants to locate in Brandywine Hundred
- Shopping center plan runs into a barrage of flak
- CCOBH opposes "The Shops at Brandywine Valley"
- Residents voice Concern about Traffic at Proposed Concord Pike Shopping Center - Community News 10/6/07
- Don't spoil Beaver Valley Road site with just another shopping center
- 'Shops at Brandywine Valley'-- a proposal with flaws
- "The Preservation Puzzle: Woodlawn Trustees a Century Later" Community News 7/29/08
- Response to Frank Maderich re Stolz proposal for Woodlawn Trustees parcel 7/31/08
- "Concord Pike plans draw residents' ire. Weiner draws applause for opposition to project" News Journal 7/31/08
- Residents get look at new plan for Concord Pike
- "A cornfield in need of more suitable plans for a cornfield" News Journal Editorial by Harry Themal 8/11/08
-

To view the Stoltz organization’s website which touts it’s proposed rezoning of the Woodlawn Trustees parcel along Concord Pike & Beaver Valley Road from high density residential to commercial go to:
http://www.shopsatbrandywinevalley.com/

-

Aerial view of Woodlawn Trustees parcel as depicted on Stoltz website

Relevant Files:

 

 

2. Barley Mill Plaza


Click here to view the project page on the New Castle County website.

2/18/2014 - Delaware Supreme Court will hear Barley Mill zoning case arguments March 5 - The News Journal

11/6/2013 - Delaware Supreme Court to hear case dealing with traffic, rezoning issues

5/24/2013 - Robert S. Weiner: Barley Mill Plaza compromise is right move - News Journal

After the 2011 decision by New Castle County Council in favor of Stoltz Partners, Save Our County, which opposed the smaller compromise plan negotiated between Citizens for Responsible Growth and Stoltz Partners, filed a Chancery Court appeal seeking to overturn the Council’s 7 to 6 rezoning vote of the Barley Mill Plaza from office to commercial.

Unfortunately, defeating the rezoning will not save Barley Mill Plaza from becoming a “sea of asphalt” strip shopping center. A victory will simply increase the shopping center’s size from 450,000 square feet under the compromise, to 750,000 square feet under the original plan that the county already approved for final engineering.

However, if the rezoning is upheld, Stoltz cannot proceed with construction until after the state Department of Transportation, the county and the community have analyzed highway capacity and taken all the necessary steps to prevent unlawful impacts.

Ordinarily, the community does not participate when DelDOT and a developer make traffic decisions. However, the compromise plan provides extraordinary community protections in binding deed restrictions regarding traffic, reduced square footage and significantly lower building heights – protections that will be lost if the rezoning decision is overturned.

These protections, especially the community’s right to participate in the traffic evaluation process, were the reason for my tie-breaking vote in favor of “the lesser of two evils.”

I respect the view of those who believe it is better to defeat Stoltz Partners by overturning the rezoning and “taking our chances” with a larger project in the future. Sadly, many citizens who opposed the compromise plan were operating under a false assumption. Based on assurances from the Land Use Department (the same department that gave Stoltz approval to submit final engineering plans for the 2.8 million-square-foot mixed-use project), some think that if rezoning fails, and the project proceeds as a “by-right” mixed-use redevelopment, the county will not allow Stoltz (or whoever buys Barley Mill Plaza from Stoltz) to “cherry pick” the strip shopping center and begin constructing it first.

They are trusting the county to require, and the courts to enforce, that the office and residential portions of mixed-use “by-right” plan be constructed at the same time as the strip shopping center.

Unfortunately, the county code does not require all components of a mixed-use project to be constructed in tandem. This “requirement” is unwritten, unestablished policy and not consistently applied. In fact, the county has previously taken conflicting positions on whether each phase of a mixed-use project must be constructed in tandem with the other phase.

Even if county code clearly contained such a requirement, Stoltz could argue that the law was arbitrary and capricious, because it would prevent the very “redevelopment” that the law supposedly encourages. The practical impossibility of achieving concurrent construction, which some citizens are counting on to thwart Stoltz, is the very reason that Stoltz will assert that such an unwritten policy is arbitrary, capricious, unworkable and, therefore, unenforceable (absent a finding that Stoltz had legal “unclean hands”).

If the county attempts and fails to enforce this requirement, it could be liable for enormous damage claims asserted by Stoltz for unlawful delay, which we all will pay through increased taxes.

Regardless of whether a concurrent construction requirement could be beaten in court, Stoltz might decide just to sell Barley Mill Plaza to several builders who would build concurrently. The land along Route 141 could be sold to a shopping center developer. The land closest to Wilmington could be sold to an apartment complex builder.

Finding separate buyers isn’t difficult. Since there are many existing office buildings, Stoltz or its successors, could simply demolish what is needed for construction to start on the shopping center and apartments, while not demolishing other offices to satisfy the office square footage requirement. Demand for new affordable apartments is still very strong. The improving economy supports high-end shopping centers again.

If the rezoning is reversed, Stoltz could sell to builders who would immediately start construction of the first commercial buildings on Del. 141 and residential towers overlooking backyards in Westover Hills and Westhaven, as already conceptually approved by the county’s Land Use Department.

While no one likes the choices forced upon the community by Stoltz Partners’ business strategy, the compromise plan was and is the best choice available under these circumstances.

 

April 29, 2013 - UPDATE

Dear friends and civic leaders,

As your New Castle County Councilman for the Greenville, Centreville and Brandywine Hundred west, I wanted to take a moment to comment upon the Stoltz Barley Mill Plaza compromise plan following the passage of that plan at the rezoning hearing by Council on October 11, 2011. As reported in the Wilmington News Journal (attached), Chancery Court is about to render a decision on the Barley Mill project in a case expected to impact development across Delaware.

As most of you are aware, after the rezoning decision by Council, Save Our County (SOC), representing a number of citizens who opposed the plan, filed a lawsuit in Chancery Court seeking to overturn New Castle Council’s 7 to 6 rezoning vote.

Unfortunately, defeating the rezoning will not save Barley Mill Plaza from becoming the site for a “sea of asphalt” strip shopping center or from becoming more intensely developed. A victory will simply increase the shopping center’s size from 450,000 square feet under the compromise, to 750,000 square feet under the original plan that the County has already approved for final engineering.

All residents need to bear in mind that New Castle County Council’s 2011 rezoning vote did not give Stoltz Partners the right to build the smaller compromise plan without regard for traffic.

If the rezoning is upheld, Stoltz cannot proceed with construction until after DelDOT, the County, and in this case, also the community, have studied traffic, analyzed highway capacity and taken all necessary steps to prevent unlawful impacts after construction gets underway.

Ordinarily, the community does not get to participate when DelDOT and a developer make traffic decisions. However, the compromise plan provides extraordinary, and explicit, additional protections for the community regarding traffic and various other concerns. These are protections which our community will not have if the rezoning decision is overturned.

Under the 2011 compromise plan, Stoltz Partners was required to sign (and did sign) deed restrictions giving the community, represented by Citizens For Responsible Growth (CRG) and its traffic engineer, the unprecedented right to participate in the traffic evaluation process along with DelDOT, the County and Stoltz Partners. If the rezoning is upheld, then the deed restrictions will take effect and will require the community’s participation in the traffic evaluation process. This will assure transparency and rigorous compliance with all traffic laws, rules and regulations. The deed restrictions will also provide the community with other protections, such as reduced square footage and lower building heights.

These protections, especially the community’s right to participate in the traffic evaluation process, were the reason for my tie-breaking vote in favor of “the lesser of two evils.” Few outside special development interests want to see Barley Mill Plaza intensely developed – not me, not the other Council Members who voted for or against the rezoning, not SOC and not CRG. But since Stoltz Partners cannot be forced to keep Barley Mill Plaza the same as it was when it was owned by DuPont, I concluded that the safest course of action was to vote for the rezoning in order to assure a smaller project, and citizen participation in the traffic evaluation process.

I very much respect the view of those who believe it is better defeat Stoltz Partners, at least for the near term, by defeating the rezoning, and “take our chances” with a larger project in the future. But I voted my conscience. That led me to favor what I regarded at the time, and still regard, as the safest course of action for our community. Without getting into legalities, there are two major reasons why I did not want to “take a chance” with the much larger project.

First, I believed that many of those citizens who opposed the compromise plan and the required rezoning (and who now hope it will be overturned) were operating under a false assumption. Based on assurances from the Land Use Department (the same Department that has given Stoltz Partners approval to submit final engineering plans for the 2,800,000 mixed-use project), a number of citizens in our community think that if rezoning fails, and the project proceeds as a “by-right” mixed-use redevelopment, then the Land Use Department will not allow Stoltz Partners (or who whoever buys Barley Mill Plaza from Stoltz Partners) to “cherry pick” the strip shopping center and begin constructing it first. They are trusting the Land Use Department to require, and the Courts to enforce, that the office and residential portions of mixed-use “by right” plan be constructed at the same time as the strip shopping center.

If residential, office and shopping center construction has to proceed in tandem, these same people are counting on this "requirement" to make it impossible for Stoltz Partners or any other builder to obtain construction financing, especially during these economically challenging times.

Unfortunately, nothing in the County Code requires all of the components of a mixed-use project to be constructed in tandem. This "requirement," at best, is simply a matter of unwritten policy. And this “policy” is not even a consistently applied, well established policy. The Land Use Department has previously taken conflicting positions on whether each phase of a mixed-use project must be constructed in tandem with each other phase. In one project, the Land Use Department mandated construction in tandem. In another project, it did not. Unlike Barley Mill Plaza, neither of these projects were massive.

I voted in favor of the rezoning because I did not think it would be prudent to risk our community’s future character on attempting to enforce, against Stoltz Partners, with its $96,000,0000 investment at stake, an unwritten policy of the Land Use Department that has only been applied (and then inconsistently) on two previous occasions.

Even if the County Code clearly contained such a requirement (which it does not), Stoltz could argue that the law was arbitrary and capricious, because it would prevent the very “redevelopment” that the law supposedly encourages. The practical impossibility of achieving concurrent construction which some of our citizens are counting on to thwart Stoltz Partners, is the very thing that Stoltz Partners will prove to establish that such unwritten policy is arbitrary, capricious, impractical, unworkable, and therefore unenforceable. If the County attempts and fails to enforce a requirement that is arbitrary and capricious, then I fear that the County will be liable for enormous damage claims asserted by Stoltz Partners for unlawful delay, which every one of us will have to pay through increased taxes.

Second, regardless of whether a concurrent construction requirement could be beaten in court, I believed that Stoltz Partners might decide it made the most sense just to sell Barley Mill Plaza to several different builders who would do their construction at the same time. The land along Route 141 would logically be sold to a shopping center developer for financing and construction. The land closest to Wilmington could be sold to an apartment complex developer and builder for financing and construction. Finding separate developer/buyers, in my mind, is not a difficult proposition, and since plenty of office buildings already exist at Barley Mill Plaza, Stoltz Partners or its successors could simply demolish what was needed for construction to start on the strip shopping center and apartments, while leaving other offices in place to satisfy the office square footage requirement.

Demand for new, affordable apartments is still very strong in New Castle County, and it is rising every day given the lack of inventory. Further, the improving economy is showing support for high-end shopping centers again. Let no one be surprised, if the rezoning is reversed, that Stoltz Partners sells to builders who will hit the ground running with the construction of the first shopping center buildings along route 141 and with the construction of high raise residential towers overlooking backyards in Westover Hills and Westhaven, as already conceptually approved by the County Land Use Department.

For both of these reasons, I opted for certainty, a significantly downsized development and substantial protections for our community, including those on traffic issues. Should the rezoning decision of Council be overturned, for whatever reason, I fear that what will ultimately be built, will be the hellish development nightmare that this community attempted to avoid by seeking acceptance of the compromise plan. Make no mistake, a monsterous retail component will result under any subsequent plan that is built, but only the compromise plan will ensure that retail will remain at a size, scale and mixture that is acceptable given this location. While no one likes the choices forced upon the community by Stoltz Partners' business strategy, the compromise plan, made possible by the rezoning, was and is the best choice available under these circumstances.

Best wishes to all. Bob Weiner, your County Councilman


 

 

 

 

The New Castle County Land Use Department, in a letter dated November 3, 2008, for the third time has rejected the Stoltz organization’s proposal for the Barley Mill Plaza site. The County’s Land Use Department professional planners noted that Stoltz organization has yet again failed to demonstrate compliance with Section 40.03.318 of the New Castle County Code for mixed use development. The rejection letter also notes that “the proposed high intensity recreation use (movie theatre) is not listed as one of the permitted uses in the mixed use category. The letter states, “however, the applicant may maintain the (movie theatre) use on the plan, pending proposed Ordinance 08-096, which would allow a high density recreation use in the OR [office regional] district with a Special Use approval. The proposed ordinance would need to be adopted by New Castle County Council and the applicant would need to obtain a Special Use approved by the Board of Adjustment prior to plan recordation”. Stoltz apparently no longer intends to utilize the density bonus outlined in the redevelopment ordinance. The plan still fails to delineate streams and stream banks. A non-delineated flood study is being required by the County Land Use Department. The plan appears to disturb wetlands and Stoltz may need to seek County Board of Adjustment approval.

Relevant Files:

3. #20 Montchanin Road
(the old Columbia Gas site)

This proposal is to add to the site a 36,501 square foot medical building with associated parking. The proposed site would disturb mature specimen trees and would be sited overlooking Route 141 across from Hagley Museum. The plan requires New Castle County Council to approve a deed restriction change. Currently the deed restrictions prohibit any more construction on the site.

The April 16, 2011 News Journal Saturday Legal Notices lists a new plan [submitted by 20 Montchanin Associates, Inc] as having been received by the New Castle County Land Use Department, for a portion of 20 Montchanin Road. The entire site is also known as the old Columbia Gas Headquarters site. This site is owned by the Stoltz organization. See information posted to the County website.

The April 16, 2011 Saturday News Journal Legal Notice contained the following information: West side of Montchanin Road, South of Route 141. Rezoning Plan to rezone portion of site to CN [commercial neighborhood] to construct a 6,000 square foot building and associated improvements. 20 Montchanin Road. OR [Office Regional] Zoning. (Application 2011-0201-S].

Rezonings are considered by and voted upon by New Castle County Council at a public hearing. Rezoning decisions are considered “discretionary approval” decisions, which are scheduled after a prior public hearing before the New Castle County Land Use Department and New Castle County Planning Board. Both the Land Use Department and Planning Board forward separate recommendations to New Castle County Council for its consideration. Should the requested rezoning from OR [Office Regional] to CN [Commercial Neighborhood] be granted by New Castle County Council, the plan then returns to the County Land Use Department to determine if there is “technical compliance” with the New Castle County Unified Development Code. Once the plan receives administrative approval from the Land Use Department [indicating technical compliance with the County Code], the plan returns to New Castle County Council for “ministerial approval”. Ministerial approval  [in contradistinction to discretionary approval ] is limited to review for technical code compliance. The plan can be referred back twice by the Sponsor to the Land Use Department for code compliance review. I intend to exercise my right to be the Sponsor so as to maintain control over the application to the extent possible.

The Stoltz organization intends to locate a new facility on this parcel. Stoltz and Citizens for Responsible Growth in New Castle County have negotiated deed restrictions, which take effect if Stoltz receives requisite approvals from New Castle County. Here is a link to the deed restrictions:  http://crginnewcastlecounty.com/pdfs/Stoltz-CRG-20-Montchanin-Deed-Restrictions.pdf  

Questions and information: contact my Council office, the County Land Use Department at 395-5400 or landuse@nccde.org .  

Relevant Files:

 

 

4. Greenville Center

Twelve story high rise addition to the Greenville Center: The New Castle County Land Use Department found the proposal to be “unacceptable”, adding that “this project cannot proceed as a Redevelopment Plan”.

OFFICIAL PROJECT STATUS:
Status as of 8/28/13:
"County Council Approval"

New Castle County Project Status: Greenville Center Major Redevelopment Exploratory Plan - Click here to view the project page on the New Castle County website.

Relevant Files:

5. Greenville Professional Center

 

3704 - 3710 Kennett Pike (former Kirkwood Fitness Center)

Relevant Files:

 

Directions to the N.C.C. Government Center (87 Reads Way) and Gilliam Building (77 Reads Way) for Land Use meetings

 

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President, Tavistock Civic Association

Paid for by Friends of Bob Weiner - www.BobWeiner.com - (302) 468-6024 - Volunteer - Contribute
Friends of Bob Weiner is the political candidate committee that accepts contributions on behalf of New Castle County Councilman Robert S. Weiner.

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