TOWN OF OCEAN VIEW

PLANNING AND ZONING COMMISSION MEETING

JANUARY 17, 2008

Chairman Dick Logue called the meeting to order at 7 p.m. with Commission Members Carol Goodhand and Perry Mitchell present.  Town Administrative Official Charles McMullen and Town Solicitor Dennis Schrader were also in attendance.  Planning and Zoning Consultant Susan Frederick was not required to attend this meeting.  Commission Member Joe Evans was not present because of a previous commitment, and Commission member Gene Brendel came in later during the meeting.     

1.      The Pledge of Allegiance was recited. 

2.      Carol Goodhand asked to amend the Agenda by removing Application P-230 and deferring it until the February meeting.  Perry Mitchell made a motion to approve the agenda as modified.  Carol Goodhand seconded the motion, and it was unanimously approved. 

3.      There were no changes to the Minutes of the November 15, 2007, meeting.  Carol Goodhand made a motion to approve the minutes.  Perry Mitchell seconded the motion, and it was approved unanimously.

4.      Old Business

None

5.      New Business

1. Public Hearing  Application P-222 submitted by Robert Kauffman on behalf of the Atlantic Auction Co., Inc. for subdivision of a 29,375 SF parcel located at 89 West  Avenue (318.010)  The Town Administrative Official stated that this application was advertised in the WAVE on January 2, 2008, and notifications were sent to property owners within 200 feet of this property.  Rebecca Tribillus, attorney for the applicant, said that the applicant wished to subdivide the existing lot into two parcels.  She noted that this lot meets all zoning code requirements and explained that a variance was granted for this parcel.  She said that the house on the property will be removed, and the lots are large enough to permit the construction of two homes on them if the subdivision request is approved.  In answer to a question from Chairman Logue, Robert Kauffman, Atlantic Auction Company, said that DelDOT approved the entrance several months ago, and the other proposed entrance will probably be paved in the future.  He said that the existing driveway will remain as it is rather than being extended.  In answer to a question from the Town Solicitor about the possibility of a shared entrance, Mr. Kauffman said that DelDOT approved what is shown on the plat.  A brief discussion about the 15 foot permanent easement with the State of Delaware took place.  The Town Administrative Official read his portions of his overview of this application and noted that the Board of Adjustment approved Application V-207 for a variance that was needed because the proposed Lot 2 did not have the required 75 foot width throughout the lot as required by the Code.  He said that the lots have DelDOT approval, and the plat will need to show the 10 foot utility and drainage easements that the Town now requests along all property lines for new subdivisions.  He said that this application does not include any creation of streets; therefore, it can receive preliminary and final approved at this meeting if the Commission wishes to do this.  He noted that Susan Frederick’s report stated that both lots would meet the minimum requirements for conforming lots in the R-1 Zoning District and would meet the requirements of Chapters 190 or 222, the Subdivision and Zoning Codes.  Joe Fedick, 4 Thomas Lane, said that he didn’t realize that the variance request had been approved; his biggest concern was that Mr. Kauffman sold the lot located next to him to Barney Walsh and said that his yard floods since Mr. Walsh built a home on this lot.  Mr. Fedick is concerned about the effects that two more homes will have on his property.  He said that since Mr. Brown filled in the ditch on his property, he had no problems with flooding until the Walsh home was built.  Discussion about the location of Mr. Fedick’s lot took place among Messrs. Fedick, McMullen, and Schrader and the members of the Commission.  In answer to a question from the Town Solicitor, Mr. Fedick said that he is sure that his property has at least 2 inches of water because of today’s heavy rainfall.  Mr. McMullen explained that the Commission members have copies of a letter from Barney Walsh.  The Town Solicitor paraphrased this letter for the record and said that Mr. Walsh has three concerns:  1) Maintaining the density requirements.  Mr. Walsh wants the Town to maintain a low density level.  2) Runoff.  3) Concern about amendments and exceptions to current ordinances.  The Town Solicitor said that density requirements are met because the lot sizes are met, and no amendments or exceptions have been applied for or will be addressed at tonight’s meeting.  He said that this letter would be pertinent in its reference to runoff.  Perry Mitchell said for the record that the Town has appropriated money to improve the drainage in that area but does not know when this will occur because of the legal issue involved.  In answer to a question from Carol Goodhand, the Town Administrative Official explained the various meetings about the drainage problems that have taken place and said that this is an ongoing problem.  The Town Solicitor explained that two drainage projects are underway, and if the Commission decides to approve this application, the Subdivision Chapter of the Code and the Single Lot Development Ordinance will require a number of scaled and engineer-type drawings showing such things as water flow and drainage before issuing a building permit.  He said that the drainage issues will be resolved when a property owners applies for a building permit.  In answer to a comment from Chairman Logue, the Town Solicitor confirmed that there is an ordinance that extensively looks at single-lot developments in order to ensure that it is appropriate to issue a building permit and develop a lot.  In answer to a question from Perry Mitchell about the possibility that these lots are unbuildable, the Town Solicitor said that he did not mean to imply this; the lot owner/builder must present engineering solutions that will mitigate these problems when a building permit is sought.  He said that these matters are handled by the Town Administrative Official.  Carol Goodhand made a motion to approve Application P-222 for subdivision of those two lots.  Chairman Logue seconded the motion and asked the maker to include a condition that a 10 foot right of way and easement needs to be shown on all property lines of both lots.  The Town Administrative Official confirmed that these rights of way and easements are required for all sides of the property and must be shown on the plat before it can be approved for recordation.  The motion was approved unanimously.  In answer to a question from Chairman Logue, Mr. McMullen said that no formal committee exists to deal with drainage problems in West View but there is an informal committee investigating drainage problems in West View and the effects of these problems on properties located on West Avenue, Rosegate East, and Savannahs Landing.  Chairman Logue suggested that as long as these meetings don’t include potential purchase of property, he thinks that it would be appropriate to notify Mr. Fedick about these meetings so that he can attend them if he wishes to do so.  A brief discussion about the problems on Mr. Fedick’s property took place.  The Town Solicitor suggested that Mr. Fedick look at the plans developed by Town Engineer Alan Kercher.  Mr. McMullen said that he will notify Mr. Fedick about relevant meetings.

2. Site Plan Review  Application P-232 submitted by Michael J. Connor on behalf of the Estates of Fairway Village for Amendment to Previously Approved Fairway Village RPC.  The applicant is requesting to redesign the amenity area, and sever the amenity area from the condominium regime and create it as an individual lot (402.400)  Miles Potter, Director of Engineering for Vista Designs, Georgetown, served as spokesman.  Mr. Potter showed the previously approved amenity area on the approved site plan and explained the contents of the amenity area.  He then said that Ryan Homes, the purchaser of this development, wants to increase the size of the swimming pool and the clubhouse, greatly increase the size of the deck area, retain the three tennis courts, and include a gazebo and tot lot.  He said that the new drawing shows the gazebo and tot lot to scale and noted that they distributed photographs of the proposed playground equipment and gazebo tonight.  Mr. Potter explained that the target market for these homes is adults in the 50 plus age group; therefore, the amenities are not geared for children.  He went on to say that the amenity area was originally platted as part of the condominium portion of the development but Ryan Homes suggested that the amenity area be severed from the condominium regime and become a separate parcel that would be shared by the condominium and single-family property owners.  He then referred to correspondence from Samuel J. Frabizzio to Dennis Schrader that explains the reasons why they wish to establish this as a separate parcel and share the ownership of this area so all property owners will be responsible for the maintenance of this area.  In response to questions from the Town Solicitor, Mr. Potter confirmed that all property owners will be members of the condominium or the homeowners’ association, and everyone in these organizations will have access to the facilities contained in the recreational package that goes with ownership in Fairway Village.  He said that this was the sole purpose for replating this area.  In answer to another question from Mr. Schrader, Mr. Potter confirmed that prior to this change, the condominium regime was solely responsibility for maintenance of this amenity area rather than the condominiums and the single-family lots.  In answer to another question from Mr. Schrader, Mr. Potter explained that this is not an age-restricted community; adults over 50 are the target market.  A brief discussion about the number of tennis courts was held.  In answer to a question from Mr. Schrader, Mr. Potter said that the active and passive recreational amenity requirements of the RPC ordinance were met by the original plan and a comparison of the plans reveals the exact same facilities remain in the exact same area.  Mr. Schrader stated that the only changes are:  1) to incorporate more people into the obligation to operate and maintain the facility, and 2) to define what they will actually look like by way of size, and Mr. Potter confirmed that this statement is correct.   Mr. McMullen noted for the record that there is an increase in the size of the swimming pool and clubhouse and agreed that these changes do not diminish these facilities.  In answer to a question from Carol Goodhand, Mr. Potter confirmed that it was originally not a single lot but was part of the condominium area.  Mr. McMullen used the plat to explain the change that will sever the amenity area from the condominium area so that every property owner will share the ownership and maintenance of this area.  In answer to a comment from the Town Solicitor, Mr. Potter confirmed that all property owners in Fairway Village can use the facilities in the amenity area.  In answer to a question from Carol Goodhand about the restrictive deeds and covenants, Mr. Schrader said that in his February 15^th letter, Mr. Fabrizio explained how this change will be done; i.e., the code of regulations and declaration of conditions and covenants. Mr. Potter was told that once they are approved, the HOA documents can be recorded.  In answer to a question from Perry Mitchell, Mr. McMullen said that they will be required to erect a fence around the pool, and the Town Solicitor said that the pool must conform to all Town requirements and later referred to §222-33 L.  Mr. Mitchell expressed concerns about the proximity of the pool to the tot lot.  The Town Solicitor noted for the record that Commissioner Brendel joined the meeting at this time.  In response to a question from the Town Solicitor, Mr. Potter explained that Ryan Homes is a builder rather than a developer and has structured an agreement with the Estates of Fairway Village LLC to purchase the lots as the developer finishes them in accordance with market conditions.  Ryan Homes intends to build all of the condominiums and single family homes in this development, which is the reason for their significant influence in this project.  In answer to another question from Mr. Schrader, Mr. Potter said that he doesn’t know if a take-down schedule exists at this time and said that Mr. Fabrizio may know if one exists.  In response to a request from Chairman Logue, the Town Administrative Official read from his overview and explained that this application to amend the previously approved residential community of Fairway Village was presented to the Town Council on January 7^th.  Mr. McMullen said that they presented a plan that requested the enlargement of the clubhouse and swimming pool, elimination of the gazebo and children’s playground to accommodate the relocation of the pool.  After some discussion at the Council meeting, they presented the secondary plan that included a gazebo and tot lot as their primary plan; this plan is being reviewed tonight.  This plan includes additional trees as part of the landscaping and seeks to sever the amenity area from the condominium regime and create it as a single lot.  After much discussion, the Town Council sent this application to the Planning and Zoning Commission to review and send back to the Council with a recommendation so the Council could vote on the application since it is an RPC.  Mr. McMullen said that he views these changes as housekeeping items that will help the development run more smoothly.  In answer to a question from the Town Solicitor, Mr. Potter confirmed that these changes to the site plan would not diminish their obligation to have not less than 50% of these housing types as single-family dwellings; they do not intend to change this mix.  Mr. McMullen stated that this lot would be maintained for amenity purposes as it is now and any changes to this would have to come back as an amendment to the site plan.  There were no questions or comments from the public.  Mr. McMullen noted that the Council asked that this application come back to it at the February meeting.  Perry Mitchell moved to recommend the changes favorably to the Town Council.  Gene Brendel seconded the motion.  Chairman Logue expressed a desire to add a condition that the tot lot and gazebo must fully meet ADA requirements for access and egress to the amenities from the parking lot and other ways.  He said that someone must follow up on this.  The Town Solicitor reminded attendees that the development of the project is subject to all other laws, ordinances, rules, and regulations of any government agency that has jurisdiction over anything that is taking place in this project; therefore, the ADA is superimposed on this project.  Mr. Potter agreed with his statement that any public structure must meet ADA requirements.  The Town Solicitor said that it would be appropriate to add this condition to the motion.  Chairman Logue said that he would like to see this recommendation as part of the record.  The maker and seconder of the motion accepted that condition as part of the motion.  Carol Goodhand expressed support for this condition.  The motion was approved unanimously. 

Carol Goodhand made a motion to adjourn the meeting.  Perry Mitchell seconded the motion, and it was approved unanimously.  The meeting adjourned at 7:43 p.m.

                                                                Respectfully submitted,

                                                                Richard J. Logue    

                                                                Chairperson

                                                                Planning and Zoning Commission

Transcribed from noted:  January 26, 2008