Council approves rezoning for 258-acre Southwest Delaware site after debate on noise, traffic and conditional limits

Delaware City Council on Monday approved Ordinance 25-05, rezoning 257.97 acres at the southwest corner of Salma Road and U.S. 42 from A-1 agricultural to CPUD commercial planned unit development. The council approved an amendment that makes outdoor recreation/amusement and drive-in theaters conditional uses and then passed the ordinance as amended by a 4-1 vote (Haynes opposed).

The rezoning, submitted by Daniels Hinckley Housing LLC, would allow a mixed-use project that the applicant and its consultants described as including an arena and related entertainment, an ice facility, a driving/practice track and commercial space. Planning staff changed the table of permitted uses so some outdoor and motorsport-related activities would require conditional-use review by the Planning Commission, adding an additional layer of conditions and possible revocation for noncompliance.

The amendment drew support from staff and some council members as a safety valve. "By changing the uses to conditional uses it allows for an additional level of review," planning staff member Sandra Pereira…