COMMUNITY DESIGN   

Background Relevance   

For the purposes of this chapter, Community Design refers to the aesthetic appearance of buildings, sites, and subdivisions.  Many community design projects, such as the 1996 Randall Arendt Land Use Demonstration Project “Conservation Subdivision Design for Kent County”, focus on housing units within major subdivisions.  This Comprehensive Plan Update tries to tie in other important aesthetic issues such as buildings and sites. 

In 1969, Kent County adopted its “Interim Zoning Ordinance” in an effort to establish use and density criteria specific in various zoning classifications.  In 1972, Kent County adopted its first zoning ordinance that outlined 10 zoning districts.  In 1973, Kent County adopted its first subdivision ordinance; this document currently has 13 amendments.  In 1991, Kent County formally updated its 1972 Zoning Ordinance.  From 1991-2000, 64 amendments were added to the 1991 Kent County Zoning Ordinance.  In December 2000, Kent County adopted the Kent County Code.  This document codified the subdivision ordinance into Chapter 187 and the zoning ordinance into Chapter 205. 

  When a parcel of land within Kent County is recorded, it is subject to the zoning ordinance applicable at that time.  For example, if a parcel of land was recorded in 1994, it is subject to the 1991 Kent County Zoning Ordinance.  Issues such as building and lot set-backs, first permitted and conditional uses are all factored into which zoning ordinance was applicable at the time a parcel was recorded.  Issues such as legal non-conforming and conforming lots are analyzed when applying zoning regulations to any parcel.  This historical overview of the Kent County Zoning ordinance can affect the community design standards for buildings, sites, and subdivisions. 

There are other factors affecting the community design within Kent County.  Environmental factors such as wetlands, stream location, forest coverage, agricultural uses, and drinking water aquifers and their re-charge areas can affect the design of a subdivision and the placement of individual houses and buildings.  Transportation factors such as road design, road capacity and access can affect the road network supporting subdivisions and other development projects.  Regulatory requirements such as Americans with Disabilities Act, noise abatement ordinances around airports, historic preservation, sewer and water requirements, and building codes can all affect the ultimate design of any community. 

Currently, the zoning and subdivision ordinances in effect in Kent County provide some necessary safeguards for water quality protection as land is developed.  However, the standards presently in effect by no means reflect "state-of-the-art" approaches and techniques.  These standards are not yet sufficient to ensure that the cumulative effects of new development in the County over the next 25 years will not be negative.  Since thousands of acres of vacant, developable land exists within the County and that official population forecasts project substantial growth over the next several decades, it is especially clear that more effective growth management techniques need to be integrated into the County's land-use regulations.  

Community Design Objectives 

Subdivision design appears to be the predominate factor that could help minimize potential environmental and transportation impacts.  There are more residential homes built within Kent County every year than any other type of building (i.e. commercial or industrial).  Additionally, many of these new subdivisions use lands that never contain real property on them (large tracts of agricultural or forested lands), whereas some but not all, commercial or industrial construction appear to utilize existing sites that contain infrastructure or are located in or around municipal locations. 

During the 12 comprehensive Plan Workshops held from September 2000 through November 2000, there was a session on subdivision design.  These sessions incorporated concepts such as setbacks from streams and other environmentally sensitive areas, sidewalks and bike paths within subdivisions, multiple building types within a subdivision (i.e. single family, townhouses, and condominiums), and neighborhood businesses located in or adjacent to subdivisions (i.e. grocery stores, video stores, etc.).  A majority of sketches returned to the planning office after each workshop seemed to have three predominant themes: large setbacks from roads; open/recreational spaces; and single building type (townhouses, single family, or condominiums) for specific subdivisions.  Many of the workshop participants’ survey results regarding subdivision design can be seen below.

Table 16.1 - Subdivision Survey Results 

Extremely Important       Important       No Opinion       Not Important       Not an Issue

            1                               2                       3                          4                         5              

These results should be incorporated into the proposed Kent County Subdivision Ordinance update and help the county in designing appropriate regulations that would aid developers in building, site, and subdivision designs.  

Proposed Subdivision Ordinance Update Objectives and Description   

The specific objectives of subdivision ordinance update should be (1) to provide conservation design assistance to developers to promote compact, open space subdivisions, (2) to provide technical assistance in reviewing existing zoning and subdivision regulations in the County to identify obstacles to achieving this kind of environmentally-sound design, and (3) to preserve the integrity of housing density standards as established by the zoning code.  These objectives are more fully described in the following section on "Methodology".   

Methodology   

To meet these objectives, between two and four subdivision designs will be produced.  The consultant will work directly with the landowners and/or developer to produce a layout that meets their basic financial objectives, in a manner that also satisfies strict criteria for protecting water quality and wildlife habitat.  These designs will be based upon a site visit, discussions with the landowners and/or developer, and consultations with the County Planning and Zoning Staff and relevant staff from DNREC and the Kent County Department of Public Works.  The finished product for each of the subdivisions will include a conventional layout of the maximum density permitted on each parcel (the "Yield Plan"), an alternative plan designed around the central organizing principles of natural features protection and open space conservation, and a brief report describing each of the plans in narrative form.  The maximum density for each subdivision will be based upon the zoning requirements for each parcel prior to design of open space and greenways.  Housing density would remain consistent with the original zoning ordinance regardless if its intended use during development.  The number of subdivisions to be designed will depend upon their size and complexity, the number of landowners or developers who express interest in this service, and the amount of time and effort required to complete the second broad objective of this project, regarding ordinance improvements.   

The ordinance review component of this project will be comprised of a written evaluation of both the zoning and subdivision ordinances, focusing on impediments to good conservation design that they inadvertently contain.  It will also include detailed recommendations with suggestions about how these deficiencies could be remedied.  This review will examine both substantive and procedural issues.  Under the first category it will provide specific ideas for improved review standards and design criteria for determining the quantity, quality and configuration of conservation land within each new development.  Particular emphasis will be placed on the overall context of each property within its surrounding area, so that the conservation land protected on each parcel will, wherever possible, link up with similar resource land to be protected on adjoining parcels, to ultimately create an interconnected network of open space along stream corridors and tributaries, or involving blocks of wildlife habitat or high quality farmland.  In addition, stewardship issues will be discussed, with guidelines provided for the management of the conservation lands over the longer term.   

Procedural issues that will be discussed include the need for subdivision design and review process to include (in this order): an "Existing Features and Site Analysis Plan," an on-site visit of the property by planning staff and the applicant with that plan in hand, and a restructured Preliminary Plan process that will require applicants to submit highly detailed "Preliminary Plans" that are fully engineered. (Applicants who voluntarily submit "Sketch Plans" would be permitted to proceed directly to the detailed "Preliminary Plan" stage.)  The importance of first identifying all site features and then submitting a conceptual sketch plan, before producing an expensive "Preliminary Plan", cannot be overstated.   

In addition, this project will introduce the concept of a simple four-step approach to laying out subdivisions beginning first with the identification of resource lands that should be protected - including roughly half the land that is not severely constrained by wet soils, flood prone areas, or steep slopes.  After the potential conservation areas have been "green lined," house sites are located within the remaining part of the parcel, called the "Potential Development Areas".  The third step consists of connecting the houses with streets and trails, and the final step simply involves drawing in the lot lines.  This methodology will be fully discussed and illustrated in the project report, which will also contain model ordinance language for it and the other procedural recommendations noted above.    

Recommendations   

·        During the implementation phase of the Comprehensive Plan Update, consider revisions to zoning and subdivision ordinances to incorporate recommendations for the improvement of review standards and design criteria for determining the quantity, quality, configuration, and management objectives of conservation land within each new development. 

·        Ensure the established zoning ordinances and original housing density standards are maintained throughout the design and development phases. 

·        Draft a “clean hands” ordinance to ensure developers follow the required design and development requirements.   This ordinance would withhold building permits from persons who violated or failed to comply with any portion of the Kent County Code. 

·        Review incentives to developers who incorporate “Livable Delaware” concepts into their subdivision designs.  

·        Encourage the use of open space as a means of connectivity from one subdivision to another. 

·        Consider a new zoning district called, “Open Space (OS)”.  Annotate this zoning district classification on the appropriate Land Use tracking systems including maps and the county tax parcel database.  Also, these specified parcels earmarked as “open space” will be clearly designated on all site plans submitted to Kent County for recordation and the deeds to those parcels will clearly annotate them as “open space”. This will help avoid any building permit being issued for any parcel(s) recorded as “open space”. 

·        Review open space requirements for non-subdivision developments for adequacy in resource protection, greenway linkages, and passive recreation.  

·        Consider financial and/or other incentives to encourage developers to build within the Growth Zone as well as financial and/or other penalties or disincentives to dissuade developers from building outside of the Growth Zone.  

·        Review the Zoning Ordinance for consideration of monotony, character, energy conservation, and aesthetic values in architectural and lighting standards for mixed land uses for the purpose of ensuring compatibility.