Comment Rescue: Pam Scott’s Law

‘Frustrated’ posted the bill that stripped public transit from the development requirements in one of our other posts.

Here’s the people that voted for the change, these are the people that caused this issue and need to go.

Voted YES: Bell, Cartier, Clark, McClellan, Powers, Reda, Sheldon and Smiley

Introduced by: Paul G. Clark
Date of Introduction: April 8, 2008

SUBSTITUTE NO. 1 TO
ORDINANCE NO. 08-040

TO REVISE ARTICLE 2 (“ESTABLISHMENT OF ZONING DISTRICTS”)
CHAPTER 40 OF THE NEW CASTLE COUNTY CODE
REGARDING ACCESS TO TRANSIT SERVICES IN THE
SUBURBAN TRANSITION (ST) ZONING DISTRICTS

WHEREAS, an important component of conservation design and the furtherance of County goals to avoid adverse impact of land development applications upon the environment, the community and the economy is the promotion of clustered or open space development; and

WHEREAS, Suburban Transition (ST) zoning permits such development, but requires that public transit services currently be in existence to serve the proposed development; and

WHEREAS, such requirement is not problematic where infill development is being proposed as the surrounding community has an existing population to justify such services; and

WHEREAS, however, such requirement becomes problematic for projects proposed in yet undeveloped areas that have no transit service as no need or justification exists for the same; and

WHEREAS, because clustered or open space development in ST zoning districts should be encouraged, it is desirable to remove the requirement for public transit services to be in existence serving the area and require only that the development provide amenities that contemplates such service in the future when requested by DelDOT or DART; and

WHEREAS, County Council has determined that the provisions of this ordinance substantially advance, and are reasonably and rationally related to, legitimate government interests (i.e., promoting the health, safety, morals, convenience, order, prosperity and/or welfare of the present and future inhabitants of this State).

NOW, THEREFORE, THE COUNTY OF NEW CASTLE HEREBY ORDAINS:

Section 1. Amend Chapter 40 (“UDC”), Section 40.02.221 (“Suburban Transition (ST) District”) of the New Castle County Code by adding the material that is underscored and deleting the material that is stricken.
Sec. 40.02.221. Suburban Transition (ST) District.
A. This district provides for high quality moderately high density development with a full range of residential and limited nonresidential uses.
B. The design requirements provide a suburban transition character while encouraging pedestrian linkages in addition to automobile access.
C. This intensity of this district accommodates a range of housing types from small single-family to multi-family.
D. The district [is] shall only be located under the following circumstances:
1. The project is located in the central core of the southern sewer service area as described more fully in Resolution 06-069 and adopted by New Castle County Council on March 28, 2006, or;
2. The project proposes a gross density of less than 5.0 d.u.’s per acre, or;
3. The project proposes a gross density of 5.0 d.u.’s per acre or greater and [in areas having] has access to transit services. Access to transit services shall mean:
a. Any proposed development or portion thereof within a ¼ mile walking mile distance to the nearest bus stop, or;
b. Any proposed development or portion thereof within a two (2) mile radius of an existing transit park and ride facility or one that is proposed and constructed prior to the issuance of the first Certificate of Occupancy.

Section 2. Consistent with Comprehensive Development Plan. New Castle County Council finds that the provisions of this ordinance are consistent with the spirit and intent of the New Castle County Comprehensive Development Plan.

Section 3. Inconsistent Ordinances and Resolutions Repealed. All ordinances or parts of ordinances and all resolutions or parts of resolutions that may be in conflict herewith are hereby repealed except to the extent they remain applicable to land use matters reviewed under previous Code provisions as provided in Chapter 40 of the New Castle County Code.

Section 4. Severability. The provisions of this ordinance shall be severable. If any provision of this ordinance is found by any court of competent jurisdiction to be unconstitutional or void, the remaining provisions of this ordinance shall remain valid, unless the court finds that the valid provisions of this ordinance are so essentially and inseparably connected with, and so dependent upon, the unconstitutional or void provision that it cannot be presumed that County Council would have enacted the remaining valid provisions without the unconstitutional or void one; or unless the court finds that the remaining valid provisions, standing alone, are incomplete and incapable of being executed in accordance with County Council’s intent. If any provision of this ordinance or any zoning map or portion thereof is found to be unconstitutional or void all applicable former ordinances, resolutions, zoning maps or portions thereof shall become applicable and shall be considered as continuations thereof and not as new enactments regardless if severability is possible.

Section 5. Effective Date. This ordinance shall become effective immediately upon its adoption by County Council and approval by the County Executive.

Approved on: Adopted by County Council of
New Castle County on: 7/8/08

___________________________ ________________________________
County Executive President of County Council
New Castle County

SYNOPSIS: This ordinance amends definition of ST zoning by removing the requirement that public transit must be in existence and adds the requirement that applicants shall provide amenities in contemplate of future transit service on all plans proposing development within ST zoned districts when requested by DelDOT/DART. Substitute No. 1 incorporated the comments and suggestions made by the Department of Land Use/ Planning Board. The transit services upon request was removed and additional restrictions imposed when transit services are not necessary to pursue ST zoning.

FISCAL NOTE: This ordinance will have no discernable fiscal impact.

the voting record! It was 8 yes: Bell, Cartier, Clark, McClellan, Powers, Reda, Sheldon and Smiley; Present: (no) Hollins, Street, Tansey, Tackett Absent: Weiner