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 told council, adding that the Planning Commission could require limits on noise, lighting and hours and could revoke the conditional use if conditions were violated.

Nick Lanford, the city’s Community and Economic Development director, gave an economic comparison of likely development scenarios on the site. He said a warehouse/logistics buildout could reach roughly 2.1 million square feet and cost about $168 million in hard construction, producing an estimated 210–525 jobs and generating far less annual payroll than the mixed-use option. By contrast, Lanford said the proposed mixed-use program could create roughly 800 total jobs and higher wages. He presented 15- and 30-year tax-impact estimates prepared for the proposal, saying the city might expect about $17.5 million in municipal revenue over 15 years and roughly $40 million over 30 years under the mixed-use scenario; county and state impacts were presented as well.

Neighbors and other residents who spoke during the public-comment period urged caution. Angela Otman, who lives on Bunchy Station Road and identified herself as opposed to the application as discussed, called the proposal "extremely vague" and urged the council to define hours, lighting and permissible events in writing. "It's a road track…lots of squealing tires, lots of breaks, lots of noise that's going to happen," she said.

Rhonda Lozier, whose property abuts the site, raised noise and enforcement concerns and cited decibel figures she had researched. "If you're selling 6,000 tickets at $50 a ticket, a thousand-dollar fine every single concert is a drop in the bucket," Lozier said, urging stronger enforceable conditions.

Supporters at the podium framed the project as a way to diversify the tax base and add amenities. Vince Rosenthal, who said he favors the project, told council that an ice rink or arena would keep entertainment spending in Delaware rather than sending it to other communities.

Council members discussed the limits of zoning and the steps that follow a zoning approval. Several members stressed that the zoning vote is not final development approval; Planning Commission review of development plans and conditional-use hearings would follow and could impose enforceable conditions on noise, lighting and hours. "By changing it to the conditional use, we've truly put...bumper rails up on it to protect our citizens and make sure that this benefits everybody," one council member said during debate.

Motion and vote: Councilor Schaefer moved to approve Ordinance 25-05 as amended; the motion was seconded by Councilor Hoffman. The roll call was Ms. Griffith — Yes; Mr. Haynes — No; Mr. Hoffman — Yes; Vice Mayor Schaefer — Yes; Mayor Riggle — Yes. Outcome: ordinance adopted.

What happens next: With zoning adopted, any detailed development plan will return to Planning Commission and council for review, at which point the conditional-use process can impose specific standards for noise, lighting, hours and traffic mitigation. The council and staff emphasized that those later steps — not the rezoning vote itself — are where many operational limits will be enforced.

Public materials, staff reports and the economic-impact figures presented by the city are available in the council packet for the March 10 meeting.