Planning & Zoning Commission

MINUTES OF THE PLANNING & ZONING COMMISSION February 28th, 2024 Call to order The meeting was called to order at 6:00 p.m. by Commissioner Robert P. Newnam. Commissioners Scott Clark, Robert Newnam, Carol Binns, and Michael McGrath were present. Michael Reed was excused. Also present were Senior Planner Jeremy Rothwell, Zoning Administrator Rebecca Carter, and Attorney D. Barrett Edwards. Chairman Newnam led the Pledge of Allegiance. Recognition of visitors Visitors present in-person were Jim Wolfe, Osman Sammander, and William Prettyman. Additions/deletions to published agenda There was none. Reading, correction, approval, or disposition of minutes Commissioner Clark made the motion to approve the minutes of December 7th, 2023, as presented. The motion was seconded by Commissioner Binns and carried unanimously. Public Hearing Review and recommendation to the Town Council for the rezoning of 481 parcels as part of Phase 1 of the Town of Smyrna Comprehensive Rezoning, and whose parcels are outlined in Appendix 1 Plan Map Amendment. Mr. Rothwell presented the staff report. Public Hearing Notices: Advertising Dates February 11, 2024 (Delaware State News) February 13, 2024 (Town Hall) Posted on Subject Properties February 13, 2024 Mailed to Property Owner & Abutting Property Owners February 6, 2024 Project Number: RZ-2024-001 Town’s Request: Comprehensive Rezoning – As required and set forth in Title 22 §702 of the Delaware Code, the Town of Smyrna is conducting a comprehensive  Planning & Zoning Commission Page 2 of 5 February 28th, 2024 rezoning of 481 parcels pursuant to the Future Land Use designations outlined in the Smyrna 2020 Comprehensive Plan. Compliance with the Comprehensive Plan Following a more than two-year process and more than a dozen public meetings of the Planning Commission and Town Council, the 2020 Smyrna Comprehensive Plan was adopted and certified by the Governor on July 19, 2021. As set forth in Title 22 §702(c) of the Delaware Code: “The comprehensive plan shall be the basis for the development of zoning regulations as permitted pursuant to Chapter 3 of this title. Should a jurisdiction exercise its authority to establish municipal zoning regulations pursuant to Chapter 3 of this title, it shall, within 18 months of the adoption of a comprehensive development plan or revision thereof, amend its official zoning map to rezone all lands within the municipality in accordance with the uses of land provided for in the comprehensive development plan.” Upon review of the adopted Future Land Use Map (Figure 3) of the 2020 Comprehensive Plan and comparison with our existing Official Zoning Map, between Town staff and our GIS planning consultant (JMT), a total of 920 parcels were identified as being out of compliance with said Future Land Use Map. So as to break up the process and workload for staff, and to better allow public participation in the process, this State-mandated comprehensive rezoning has been broken into two phases. The first phase (the subject of this meeting) includes the rezoning of 481 parcels as outlined on Attachment A and as follows: Parcels to be rezoned Current Zone Proposed Zone 6 HC – Highway Commercial CC – Central Commercial 2 LC – Local Commercial CC – Central Commercial 22 R-2 Residential CC – Central Commercial 14 R-2A Residential CC – Central Commercial 21 R-3 Residential CC – Central Commercial 1 CC – Central Commercial DR – Downtown Residential 5 HC – Highway Commercial DR – Downtown Residential 5 LC – Local Commercial DR – Downtown Residential 1 R-1 Residential DR – Downtown Residential 188 R-2 Residential DR – Downtown Residential 214 R-3 Residential DR – Downtown Residential 1 R-3 Residential HC – Highway Commercial 1 LC – Local Commercial R-3 Residential  Planning & Zoning Commission Page 3 of 5 February 28th, 2024 Rezonings to CC - Central Commercial District – 65 parcels These 65 parcels were first identified in 2010 Update of the 2002 Smyrna Comprehensive Plan as ‘Downtown Mixed Use’ but said parcels were never rezoned (either after the 2010 Update, the 2012 Comprehensive Plan, or the 2013 Comprehensive Plan Amendment). An additional 42 parcels were originally designed ‘Downtown Mixed Use’ in the 2010 Update, but these said parcels along South Main Street (below the intersection of South Street) were instead removed and designated ‘Downtown Residential’ in the 2020 Comprehensive Plan. Those parcels currently zoned CC – Central Commercial are largely those parcels first identified and zoned CC in the original adoption of the 1964 Smyrna Zoning Ordinance. While the existing parcels zoned CC – Central Commercial are somewhat arbitrary and include small groups or even single parcels, the proposed addition of 65 parcels will in short round out and include entire blocks of parcels under the Central Commercial zoning designation. Counterintuitively, the CC – Central Commercial District is a mixed-use district which permits a wide variety of commercial, office, residential, and institutional land uses. Rezonings to DR – Downtown Residential District – 414 parcels New with the adoption of the 2020 Comprehensive Plan, the ‘Downtown Residential’ land use designation and accompanying DR – Downtown Residential zoning district includes those downtown residential neighborhoods built out primarily before 1960 and are dominated by small narrow lots with the dwellings built close to the street. These older residential neighborhoods are directly adjacent to and surround the ‘Downtown Mixed Use’ land use designation and CC – Central Commercial zoning district. The overwhelming bulk of these parcels are located within the DDD – Downtown Development District and/or the Smyrna National Register Historic District, and are currently zoned R-2 or R-3. The purpose of this new DR – Downtown Residential District is to ensure that new development compliments and conforms to the historic character of said neighborhoods. Single-family residential dwellings, two-family dwellings, and duplexes are permitted by- right, while townhouses and small apartment buildings are permitted by Conditional Use approval from the Town Council. New dwellings are required to be constructed within 20 ft. of the sidewalk (front setback) while garages are required to be set back from the front of the house or constructed along rear-access alleys. Rezoning to HC – Highway Commercial District – 1 parcel This single rezoning of 229 N. Main Street from R-3 Residential to HC – Highway Commercial is to allow for a wide variety of uses for an existing 4,800 sq. ft. two-story multi-tenant office/commercial building. Commercial uses are only permitted by Special Exception in the R-3, and this allow new tenants to occupy the building and/or change use by-right without lengthy and unnecessary approvals from the Board of Adjustment.  Planning & Zoning Commission Page 4 of 5 February 28th, 2024 Rezoning to R-3 Residential District – 1 parcel This single rezoning of the Glenwood Apartments at 35 W. Glenwood Avenue from LC – Local Commercial to R-3 Residential corrects a past mistake given that two apartment buildings (and no commercial) currently exist on the parcel. This zoning designation will allow the property owner to construct additional apartment buildings without having to obtain a Special Exception from the Board of Adjustment. Attachments A – Downtown Rezoning Table of Parcels B – Downtown Rezoning Map Staff Comments The before-mentioned Comprehensive Rezoning of 481 downtown parcels included the posting of 137 signs, and the mailing of rezoning notices to 245 adjacent property owners. In order to better educate residents and property owners, staff created a Comprehensive Rezoning webpage, utilized a QR code on all rezoning signs and letters, and hosted an informational public work session attended by nearly 100 residents. Staff Recommendations Staff recommend that the 481 parcels identified in Attachment A be rezoned to comply with the 2020 Smyrna Comprehensive Plan. Discussion and Public Comment Commissioner Binns asked if the setbacks and lot coverage in the Central Commercial district are the same as for the Downtown Residential district. Mr. Rothwell responded that setbacks and lot coverage are different between the two districts and referenced the bulk & use standards handout that was provided. Full discussion can be viewed starting at 00:26:26 on the posted recording. Chairman Newnam clarified which districts were included in this first round of rezonings. Mr. Rothwell confirmed the four districts (Downtown Residential, Central Commercial, R3, and Highway Commercial) and referenced the spreadsheet of all parcels included. Mr. Rothwell and Mr. Edwards spoke on how information was added to the spreadsheet for parcels that had tax map numbers but no address. Chairman Newnam inquired about parcels with unknown owners. Mr. Rothwell and Mr. Edwards both responded to the questions and stated that there were only a couple of parcels in this rezoning that have unknown owners. Commissioner McGrath and Mr. Edwards spoke briefly about some of the legal options available for these small parcels with unknown owners. Full discussion can be viewed starting at 00:28:26 on the posted recording. Jim Wolfe spoke on his concerns for possible impacts of the rezoning on the historic district. Mr. Rothwell, Commissioner Clark, Commissioner McGrath, and Chairman Newnam all responded to his statements and questions. It was the consensus of the Commission that they do not see any negative impacts on the historic district due to the rezoning, but rather they believe it will unify the look of downtown. Full discussion can be viewed starting at 00:32:08 on the posted recording. Chairman Newnam spoke on the success of the rezoning informational meeting at the firehouse the week prior. Chairman Newnam stated that the motion for recommendation on this phase of the comprehensive rezoning will be going to Mayor and Council on Monday May 4th, 2024, to be adopted. Chairman Newnam  Planning & Zoning Commission Page 5 of 5 February 28th, 2024 briefly spoke about the next phase of the comprehensive rezonings including Planned Village Community, Corridor Commercial, and Institutional & Recreational districts that will be discussed at the next Planning and Zoning Commission meeting. Full discussion can be viewed starting at 00:43:57 on the posted recording. Jim Wolfe asked a question specifically to Mr. Edwards about historic homes being used as apartments in the downtown district possibly having the requirement of being owner occupied. Mr. Rothwell, Chairman Newnam, and Mr. Edwards all responded. Consensus on Mr. Wolfe’s concern was that it’s a legal issue that would require further research and did not pertain to the rezoning. Full discussion can be viewed starting at 00:45:09 on the posted recording. Commissioner McGrath made a motion for recommendation to Town Council for the rezoning of 481 parcels as part of Phase 1 of the Town of Smyrna Comprehensive Rezoning, and whose parcels are outlined in Appendix 1 Plan Map Amendment. Motion was seconded by Commissioner Clark and carried unanimously. Other Business There was none. Adjournment Commissioner Newman adjourned the meeting at 6:50 pm. rc