Residents raise traffic, tree-preservation concerns as council advances Riverview-area rezoning to third reading

Delaware City Council on Aug. 25 moved a rezoning request by Riverview by Berlin LLC for about 83.418 acres between Pollock Road and Berlin Station Road to a third reading after a staff presentation and an extended public hearing.

Staff planner Anna (Planning staff) told council the zoning map amendment would rezone the annexed parcel from agricultural to a residential planned unit development (PUD) consistent with the city's Southeast Focus Area plan and called for a traffic impact study (TIS) before a development plan is filed. "The TIS is required to be submitted prior to a development plan application being made, and it's required to be accepted or finalized and approved, prior to the submittal of the first subdivision plat application," she said.

The nut of the public concern centered on vehicle access and trees. Several residents said the proposed connection to Riverby Lane, a narrow, existing neighborhood street, would add substantial traffic and safety risk for children and pedestrians. Connie Shearer, of 1155 Village Drive, said the neighborhood currently has narrow roads and frequent on-street parking and asked the council to consider limiting the Riverby connection to emergency access only: "We're adding this new subdivision is gonna add, like, 225, which is probably about 450 cars. Really, really concerned about the traffic on that road."

Other speakers echoed the traffic worry and asked the city and developer to preserve on-site trees and wildlife corridors. Paul Elder, 699 Riverby Lane, offered history of a prior, smaller planned extension at the end of Riverby and said the current proposal would dramatically increase development density compared with original expectations. Roger Smith, president of the Riverby Estates Homeowners Association, said residents want to partner on changes that would be "a win win for the county, city, and their current residents and the new residents."

City staff and the applicant, represented by Todd Farris of Farris Planning and Design and attorney Michael R. Shade, said many technical details are reserved for the development-plan stage and that the applicant has begun outreach with Preservation Parks and neighbors. Anna told council the zoning recommendation includes buffers, required tree-preservation zones adjacent to streams and a condition requiring an 11-foot asphalt multi-use path along an abandoned railroad right-of-way to connect to existing park trails.

Councilmembers pressed staff about the Riverby Lane connection and what constitutes emergency access. Staff explained that the exact nature of any connection will be determined through the TIS and the development-plan process, and that the Riverby roads are township roads under another jurisdiction, which limits the city's unilateral authority. "The exact nature of the connection ... will be determined through the traffic study and the development plan," Anna said.

Because the ordinance requires additional detail about access and buffers, council opted to take the rezoning to a third reading so staff can finalize conditions with the applicant. No final zoning vote was taken at the meeting.

Ending: The item will return for a third reading where staff and the applicant are expected to provide a finalized condition set addressing access, tree preservation and the traffic study findings.